Online Safety and Media Regulation Act 2022

Coimisiún na Meán

8. The Principal Act is amended by the substitution of the following Part for Part 2:

“PART 2

Coimisiún na Meán

Establishment day

5. The Minister shall, by order, appoint a day to be the establishment day for the purposes of this Act.

Establishment of Commission

6. (1) There shall stand established on the establishment day a body which shall be known as Coimisiún na Meán (in this Act referred to as the ‘Commission’).

(2) The Commission—

(a) is a body corporate with perpetual succession and a seal,

(b) may sue and be sued in its corporate name,

(c) may, with the approval of the Minister, given with the consent of the Minister for Public Expenditure and Reform, acquire, hold and dispose of land or an interest in land, and

(d) may acquire, hold and dispose of any other property.

(3) The seal of the Commission must be authenticated by the signature of—

(a) a Commissioner, or

(b) a member of the staff of the Commission, authorised by the Commission to act in that behalf.

(4) Any contract or instrument which, if entered into or executed by an individual, would not require to be under seal may be entered into or executed on behalf of the Commission by any person generally or specially authorised by the Commission in that behalf.

(5) Judicial notice shall be taken of the seal of the Commission and any document purporting to be an instrument made by, and to be sealed with the seal of, the Commission shall, unless the contrary is shown, be received in evidence and be deemed to be such an instrument without further proof.

Powers and functions of Commission

7. (1) The Commission shall have all such powers as are necessary or expedient for the performance of its functions and shall ensure that its functions are performed effectively and efficiently.

(2) In performing its functions the Commission shall endeavour to ensure—

(a) that the democratic values enshrined in the Constitution, especially those relating to rightful liberty of expression, are upheld,

(b) that the interests of the public, including the interests of children, are protected, with particular commitment to the safety of children,

(c) that the broadcasting services and audiovisual on-demand media services available in the State are open, inclusive and pluralistic, and that the Commission’s policies in relation to those services best serve the needs of the people of the island of Ireland, bearing in mind—

(i) their languages and traditions,

(ii) their experiences, and the experiences of people of Irish ancestry living abroad,

(iii) their diversity, including religious, ethical, cultural, linguistic, socio-economic, and gender diversity,

(iv) their levels of participation in those services and their levels of representation in programmes on those services, and

(v) as regards people with disabilities, their requirements for accessibility to those services,

and

(d) that regulatory arrangements—

(i) address programme material, user-generated content, and other content, which are harmful or illegal,

(ii) take account of technological and societal change, and

(iii) operate proportionately, consistently and fairly.

(3) Without prejudice to the generality of subsection (2), the Commission shall—

(a) stimulate the provision of high quality, diverse, and innovative programmes by providers of broadcasting services and audiovisual on-demand media services,

(b) endeavour to ensure diversity and transparency in the control of communications media operating in the State,

(d) provide a regulatory environment that will sustain independent and impartial journalism,

(e) promote and stimulate the development of—

(i) programmes in the Irish language, and

(ii) programmes relating to climate change and environmental sustainability,

(f) promote and encourage environmental sustainability in the policies and practices of providers of broadcasting services, audiovisual on‑demand media services, and relevant online services,

(g) encourage research, promote or endorse educational and training initiatives and activities, including in media literacy, and co-operate for that purpose with educational and training bodies, sporting bodies and community, local and representative bodies, and otherwise promote public awareness, knowledge and understanding, in relation to matters connected to its functions,

(h) engage in evidence-based decision-making in the exercise of its functions, and promote evidence-based decision-making by those with which it consults, and

(i) encourage compliance with the provisions of this Act, and the provisions of any code, rule or other statutory instrument made under it, in any manner the Commission considers appropriate, including by the publication of guidance as to how those provisions may be complied with.

(4) In performing its functions the Commission shall have regard to—

(a) the safety of children, and published policies of the Minister for Children, Equality, Disability, Integration and Youth in respect of that matter,

(b) the regulation of gambling, and published policies of the Minister for Justice in respect of that matter,

(c) climate change and environmental sustainability, and published policies of the Minister for the Environment, Climate and Communications in respect of that matter, and

(d) published policies of the Government in respect of any matter referred to in paragraph (a), (b) or (c).

(5) The Commission shall, in so far as consistent with its other functions and its available resources—

(a) provide advice on matters to which its functions relate, if requested to do so by a Minister of the Government, educational or training institution, or public body whose activities are concerned with those matters,

(b) give effect to any arrangements entered into with the Minister to stimulate the provision of high quality, diverse and innovative news and comment on current affairs—

(i) by publishers of newspapers or periodicals consisting substantially of news and comment on current affairs,

(ii) by broadcasters,

(iii) by providers of programme material consisting substantially of news and comment on current affairs to a broadcaster, and

(iv) by providers of services otherwise made available on an electronic communications network and providing content, consisting substantially of news and comment on current affairs, that is under the provider’s editorial control,

(c) conduct or commission research on matters relating to its functions, including on any development outside the State, and publish, in the form and manner that it thinks fit, the findings of such research, as it considers appropriate,

(d) undertake strategic reviews of the broadcasting services sector, audiovisual on-demand media services sector, and relevant online services sector in respect of the following areas:

(i) funding of those sectors;

(ii) technological and societal change;

(iii) the protection of children;

(iv) other areas relevant to its functions, that the Minister may direct,

and

(e) co-operate, in relation to the regulation of gambling, with any public body concerned with that matter.

Delegation of functions

8. (1) Subject to subsection (3), the Commission may delegate the performance of any of its functions to a Commissioner, or to a member of the staff of the Commission, on such terms and conditions as it may determine, and the Commissioner or member of the staff of the Commission shall be accountable to the Commission for the performance of that function.

(2) Without prejudice to the generality of subsection (1), a function may be delegated under that subsection so as to be capable of being performed by any Online Safety Commissioner for the time being.

(3) The Commission may not delegate the performance of its functions under—

(a) section 17, 24, 29, or 31,

(b) subsection (3), (4) or (5) of section 48,

(d) Part 6 or 8,

(e) subsection (6) or (8) of section 139ZE,

(f) Part 8B, or

(g) Part 3A of the Competition Act 2002.

(4) A function delegated by the Commission under subsection (1) continues to be vested in the Commission and is capable of being performed concurrently by either the Commission or the delegate.

Conferral of additional functions

9. (1) The Minister may, after consulting with the Commission and any other Minister of the Government who, in the Minister’s opinion, is concerned, by order confer on the Commission additional functions, connected with its existing functions and relating to the regulation of broadcasting services, audiovisual on-demand media services and designated online services, including as regards the protection of children, subject to such conditions as may be specified in the order.

(2) An order under this section may contain such incidental, supplemental and consequential provisions as the Minister considers necessary or expedient to give full effect to the conferral of additional functions on the Commission.

(3) An order made under this section shall be laid by the Minister before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the order is passed by either such House within the next 21 days on which the House sits after that order is laid before it, the order shall be annulled accordingly, but without prejudice to the validity of anything previously done under it.

Independence of Commission

10. The Commission shall be independent in the performance of its functions.

Membership of Commission

11. (1) The membership of the Commission shall consist of a chairperson and such number of other whole-time members, not being less than 3 nor greater than 6, as the Minister determines.

(2) Each member of the Commission, including the chairperson, shall be known as a Commissioner.

(3) The chairperson and each of the other Commissioners shall be appointed by the Minister on the recommendation of the Public Appointments Service.

(4) A Commissioner shall hold office for such term, not exceeding 5 years from the date of his or her appointment, as the Minister determines.

(5) A Commissioner whose term of office expires or is due to expire shall be eligible for reappointment to the Commission.

(6) A Commissioner who has served 2 terms of office shall not be eligible for reappointment to the Commission.

(7) One or more of the Commissioners shall be designated in writing by the Minister on the recommendation of the Public Appointments Service as an Online Safety Commissioner.

(8) Notwithstanding subsection (3), a person who immediately before the establishment day was the chief executive officer of the Authority may be appointed by the Minister to be a Commissioner for such period as the Minister determines (which period shall be no longer than one year from the establishment day).

(9) A person who becomes a Commissioner under subsection (8) shall be eligible for appointment as a Commissioner under subsection (3) at any time during or after the period referred to in subsection (8).

(10) The period referred to in subsection (8) shall not be considered a term of office for the purposes of subsection (6).

Conditions of office of Commissioner

12. (1) A Commissioner shall hold office on such terms and conditions as may be fixed by the Minister with the consent of the Minister for Public Expenditure and Reform.

(2) A Commissioner shall be paid such remuneration as the Minister, with the consent of the Minister for Public Expenditure and Reform, determines.

(3) A Commissioner holds office until his or her term of office expires, unless he or she ceases to be a Commissioner under any other provision of this section.

(4) A Commissioner may resign from the Commission by letter addressed to the Minister and the resignation shall take effect on the date specified in the letter, or on the date on which the Minister receives the letter, whichever is the later.

(5) The Government may at any time remove a Commissioner from office if it is satisfied that—

(a) the Commissioner has become incapable through ill-health or otherwise of performing the functions of the office,

(b) the Commissioner has engaged in serious misconduct,

(c) the Commissioner has a conflict of interest of such significance that the Commissioner should cease to hold office, or

(d) the Commissioner has failed without reasonable cause to perform his or her functions for a continuous period of at least 3 months.

(6) Where the Government proposes to remove a Commissioner from office under subsection (5), the Government shall give notice in writing to the Commissioner of that proposal.

(7) A notice under subsection (6) shall contain a statement—

(a) of the reasons for the proposed removal,

(b) that the Commissioner may make representations to the Government in such form and manner as may be specified by the Government,

(c) that any such representations must be made within a period of 20 working days from the date of the giving of the notice, or such longer period as the Government may, having regard to the requirements of natural justice, specify in the notice, and

(d) that at the end of the period referred to in paragraph (c) or the period specified in the notice, whether or not any representations are made, the Government shall decide whether to remove the Commissioner from office.

(8) In considering whether to remove a Commissioner from office under subsection (5), the Government shall take into account—

(a) any representations made by the Commissioner in accordance with paragraphs (b) and (c) of subsection (7), and

(b) any other matter the Government considers relevant.

(9) Where, after giving notice under subsection (6), the Government decides not to remove the Commissioner from office, the Government shall notify the Commissioner in writing of the decision.

(10) Where, after giving notice under subsection (6), the Government decides to remove a Commissioner from office, the Government shall—

(a) notify the Commissioner in writing of the decision, the reasons for it and the date from which it shall take effect (which shall be a date not earlier than the date of the notice under this paragraph),

(b) shall lay before each House of the Oireachtas a statement in writing of the decision and the reasons for it, and

(11) A person shall cease to hold office as a Commissioner if he or she—

(a) is adjudicated bankrupt,

(b) makes a composition or arrangement with his or her creditors,

(d) is convicted of an offence involving fraud or dishonesty,

(e) is nominated as a member of Seanad Éireann,

(f) is elected to be a member of either House of the Oireachtas or to be a member of the European Parliament,

(g) is regarded pursuant to Part XIII of the Second Schedule to the European Parliament Elections Act 1997 as having been elected to the European Parliament,

(h) is elected or co-opted as a member of a local authority,

(i) becomes, or acquires a relevant interest in, a provider of communications media, or

(j) enters into employment with a provider of communications media, or with an organisation representative of providers of communications media.

(12) References to a relevant interest in a provider of communications media in subsection (11)(i) are to be read in accordance with subsections (13) and (14).

(13) A person has a relevant interest in a provider of communications media if the person, or a connected person—

(a) holds shares or any other proprietary interest in the provider, where the value of the interest exceeds €5,000,

(b) holds bonds, debentures, or other like investments in the provider, where their aggregate value exceeds €13,000,

(d) receives gifts or other benefits from the provider, where their aggregate value exceeds €650.

(14) A person also has a relevant interest in a provider of communications media if the person or a connected relative of the person is a party to an arrangement or agreement concerning land (whether or not enforceable) with the provider.

(15) In this section—

‘civil partner’ means a civil partner within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010;

‘connected person’, in relation to a person, means—

(a) a connected relative of the person,

(b) a person acting on behalf of the person or of a connected relative of the person,

(c) a company or other body of which the person or a connected relative of the person, or a nominee of either of them, is a member,

(d) a partnership in which the person or a connected relative of the person is a partner, or

(e) an employer of the person, or of a connected relative of the person;

‘connected relative’, in relation to a person, means a spouse, partner, civil partner, parent, brother, sister, or child of the person, or a spouse, partner or civil partner of a child of the person (and ‘child’ in this definition includes an adult child).

Appointment of Acting Commissioner

13. (1) If a vacancy occurs in the office of a Commissioner, or if a Commissioner is absent from the State or is, for any other reason, unable to perform the functions of a Commissioner, the Minister may appoint a member of the staff of the Commission to perform the functions of the Commissioner (referred to in this section and in section 14 as an ‘Acting Commissioner’, and the term ‘Commissioner’ shall be construed as including an Acting Commissioner).

(2) An appointment under subsection (1)—

(a) shall be made for a period of not more than 6 months, and

(b) subject to paragraph (a), may be made for all or part of the period of vacancy, absence or inability.

(3) If, in a case of vacancy, the Minister is satisfied that it is not reasonably practicable for an appointment under section 11 to be made before the end of the period referred to in subsection (2), the Minister may extend the appointment by such further period, not exceeding 6 months, as he or she is satisfied is necessary for an appointment to be made under that section.

Chairperson of Commission

14. (1) The chairperson shall carry on, manage, and control generally the staff, administration and business of the Commission.

(2) If a vacancy occurs in the office of the chairperson, or if the chairperson is absent from the State or is, for any other reason, unable to perform the functions of the chairperson, the Minister may appoint a Commissioner, other than an Acting Commissioner or a Commissioner appointed under section 11(8), to perform the functions of the chairperson, for all or part of that period of vacancy, absence or inability, and references in this Act to the chairperson of the Commission shall, unless the context otherwise requires, be construed as including references to that Commissioner.

Eligibility for appointment as Commissioner or member of staff

15. (1) A person shall be ineligible for appointment as a Commissioner, or as a member of the staff of the Commission, while he or she—

(a) is a member of either House of the Oireachtas,

(b) is a member of the European Parliament,

(d) is, or has a relevant interest in, a provider of communications media.

(2) The reference to a ‘relevant interest’ in subsection (1)(d) shall be construed in accordance with section 12(13) and (14).

Meetings of Commission

16. (1) The Commission shall hold such and so many meetings as it considers necessary for the performance of its functions.

(2) At a meeting of the Commission—

(a) the chairperson shall, if present, be the chairperson of the meeting, or

(b) if the chairperson is not present, the Commissioners present shall choose one of their number to be the chairperson of the meeting.

(3) Every question at a meeting on which a vote is required shall be determined by a majority of the votes of the Commissioners present and voting on the question and, in the case of an equal division of votes, the chairperson of the meeting shall have a second or casting vote.

(4) Subject to subsection (5), the Commission may act notwithstanding one or more vacancies among the Commissioners.

(5) The quorum for a meeting of the Commission shall, unless the Minister otherwise directs, be 3.

(6) A meeting of the Commission may take place by any means of communication by which all of the Commissioners participating can hear and be heard at the same time.

(7) Subject to the provisions of this Act, the Commission shall regulate its procedures in such manner as it determines.

Staff of Commission

17. (1) The Commission may, with the approval of the Minister given with the consent of the Minister for Public Expenditure and Reform, appoint such and so many persons to be members of the staff of the Commission as it may determine.

(2) The terms and conditions of service of a member of the staff of the Commission shall, with the approval of the Minister given with the consent of the Minister for Public Expenditure and Reform, be determined by the Commission.

(3) There shall be paid by the Commission to the members of its staff such remuneration and allowances as the Commission may, with the approval of the Minister given with the consent of the Minister for Public Expenditure and Reform, determine.

(4) A member of the staff of the Commission shall, unless otherwise provided for under subsection (2), stand seconded from employment by the Commission and shall not be paid by, nor entitled to receive from, the Commission any remuneration or allowances for the period of that secondment, if he or she is—

(a) nominated as a member of Seanad Éireann,

(b) elected as a member of either House of the Oireachtas or to be a member of the European Parliament,

(c) regarded pursuant to Part XIII of the Second Schedule to the European Parliament Elections Act 1997 as having been elected to the European Parliament, or

(d) elected or co-opted as a member of a local authority.

(5) Without prejudice to the generality of subsection (4), a period of secondment referred to in subsection (4) shall not be considered as service with the Commission for the purposes of any superannuation benefits.

Superannuation

18. (1) The Commission may, with the approval of the Minister given with the consent of the Minister for Public Expenditure and Reform, make a scheme granting superannuation benefits to or in respect of—

(a) a Commissioner, or

(b) a member of the staff of the Commission.

(2) A scheme made under this section shall not provide for the granting of superannuation benefits to or in respect of any person where the Single Public Service Pension Scheme applies to or in respect of that person by virtue of Chapter 2 of Part 2 of the Public Service Pensions (Single Scheme and Other Provisions) Act 2012.

(3) A scheme made under this section shall fix the time and conditions of retirement of all persons to or in respect of whom superannuation benefits are payable under the scheme and different times and conditions may be fixed in respect of different classes of persons.

(4) The Commission may, with the approval of the Minister given with the consent of the Minister for Public Expenditure and Reform, amend or revoke a scheme.

(5) A scheme shall be carried out by the Commission in accordance with its terms.

(6) A scheme shall include provision for appeals from a decision relating to a superannuation benefit under the scheme.

(7) No superannuation benefits shall be granted by the Commission to or in respect of a person who is a member of a scheme under this section on ceasing to be a Commissioner or a member of the staff of the Commission otherwise than—

(a) in accordance with a scheme or schemes under this section, or

(b) with the approval of the Minister, given with the consent of the Minister for Public Expenditure and Reform.

(8) A scheme shall be laid by the Commission before each House of the Oireachtas as soon as practicable after it is made and, if a resolution annulling the scheme is passed by either such House within the next 21 days on which that House sits after the scheme is laid before it, the scheme shall be annulled accordingly, but without prejudice to the validity of anything previously done under it.

(9) Subsection (8) shall, with all necessary modifications, apply to an amendment to a scheme or a revocation of a scheme as it applies to a scheme.

(10) A scheme shall not provide for less favourable conditions in respect of people who immediately before the establishment day were members of the staff of the Authority than those conditions to which they were entitled immediately before the establishment day.

(11) Disbursement of superannuation benefits which may be granted to or in respect of persons who, immediately before the establishment day, were members of the staff of the Authority shall not be on less favourable conditions than would apply if the benefits had continued to be paid out of moneys provided by the Authority.

(12) In this section, ‘scheme’ means a scheme made under subsection (1).

Committees

19. (1) The Commission may establish committees to assist and advise the Commission on matters relating to its functions or on such other matters as the Commission may determine.

(2) A committee may include such number of members as the Commission considers appropriate, and may include Commissioners, members of the staff of the Commission or other persons.

(3) The Commission shall specify in writing the purpose and terms of reference of each committee.

(4) The acts of a committee are subject to confirmation in writing by the Commission unless the Commission dispenses with the necessity for confirmation.

(5) The Commission may, at any time, dissolve a committee, or for any reason remove any members of a committee.

(6) The Commission may regulate the procedures of a committee but, subject to any such regulation, a committee may regulate its own procedures.

(7) Any expenses of a committee shall be considered to be expenses of the Commission.

(8) There may be paid by the Commission to members of a committee such allowances for expenses (if any) incurred by them as the Commission may, with the approval of the Minister, given with the consent of the Minister for Public Expenditure and Reform, determine.

(9) Without prejudice to the generality of this section, the Commission shall, within one year after the establishment day, establish a committee under this section to be known as the ‘Youth Advisory Committee’.

(10) The Youth Advisory Committee shall assist and advise the Commission—

(a) in the exercise of its functions under Part 8A in so far as those functions relate to the interests of children and people not more than 25 years of age, and

(b) on such other matters as the Commission may determine.

(11) The Youth Advisory Committee shall include such representatives as may be nominated at the invitation of the Commission by organisations representing children or people of not more than 25 years of age.

(12) At least half of the members of the Youth Advisory Committee shall be not more than 25 years of age.

Consultants and advisers

20. (1) The Commission may engage such consultants or advisers as it considers necessary for the performance of its functions.

(2) Any fees due to a consultant or adviser engaged under this section shall be paid by the Commission out of moneys at its disposal.

(3) The Commission shall have regard to the advice of any consultant or adviser engaged under this section.

Power to impose levies

21. (1) The Commission may make an order (a ‘levy order’) imposing a levy on any of the following:

(a) providers of audiovisual media services;

(b) providers of sound broadcasting services;

(2) A levy order shall specify the period in respect of which a levy is imposed (the ‘levy period’).

(3) Levy periods shall run successively, and shall be the same for all levies imposed.

(4) The Commission shall seek to ensure that the amount of all levies imposed under subsection (1) in respect of a levy period is sufficient to meet the Commission’s expenses properly incurred in that period and its working capital requirements in that period, in so far as those expenses and requirements are not met in any other way.

(5) In calculating the amount of a levy under any paragraph of subsection (1) in respect of a levy period, the Commission—

(a) shall consider the Commission’s expenses in that period in performing functions in relation to services mentioned in that paragraph, as a proportion of its expenses in that period in performing functions in relation to all services mentioned in subsection (1), and

(b) shall seek to ensure that the total amount imposed by way of levy under that paragraph in respect of that period, represents a corresponding proportion of the total amount imposed by way of levy under this section in respect of that period.

(6) A levy order shall provide for the collection, payment and administration of a levy, including—

(a) the method of calculation of the levy,

(b) the times at which payment is to be made and the form of payment,

(c) requirements for providers subject to the levy to keep relevant records, and to make them available to the Commission,

(d) any provision for exemptions, deferrals or refunds, and

(e) the consideration of applications by providers for the review of decisions under the order.

(7) A levy order—

(a) shall not impose a levy on a provider providing only a community broadcasting service, and

(b) shall exempt any such service from the calculation of a levy imposed on a provider also providing other services.

(8) In subsection (7), ‘community broadcasting service’ means a service provided under a contract under section 64, 68(1)(b), or 72.

(9) In making provision by levy order for the method of calculation of a levy and for any exemption or deferral, the Commission shall consider the relevance of the following factors:

(a) the financing of a provider, including any public funding;

(b) the desirability of promoting new or innovative services;

(d) any other factor that may affect the exercise by the Commission of functions in relation to a provider, including, in the case of designated online services, matters referred to in section 139E(3)(d), (e) and (f).

(10) Levy orders may (subject to subsection (3)):

(a) make different provision for different providers, including providers within the same paragraph of subsection (1);

(b) in the case of providers who fall within more than one of those paragraphs, make different provision under different paragraphs.

(11) Any surplus of income, from levies imposed in respect of a levy period, over the expenses properly incurred by the Commission in that period and its working capital requirements in that period shall either—

(a) be retained by the Commission to be offset proportionately against subsequent levy obligations of the providers on whom the levy was imposed, or

(b) be refunded proportionately to those providers.

(12) In this section and section 22—

‘levy order’ has the meaning given in subsection (1);

‘levy period’ has the meaning given in subsection (2).

Levies under section 21: enforcement and procedure

22. (1) A levy payable under a levy order by any person may be recovered by the Commission from that person as a simple contract debt in any court of competent jurisdiction.

(2) A person shall be guilty of a category 2 offence if in purported compliance with a requirement imposed by or under a levy order, he or she provides information to the Commission which is to his or her knowledge false or misleading.

(3) A levy order shall be laid by the Commission before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the order is passed by either such House within the next 21 days on which that House sits after the order is laid before it, the order shall be annulled accordingly, but without prejudice to the validity of anything previously done under it.

Grant to Commission

23. In each financial year of the Commission, the Minister may advance to the Commission out of moneys provided by the Oireachtas such sums as the Minister may, with the consent of the Minister for Public Expenditure and Reform, determine.

Power to borrow

24. The Commission may borrow money (including money in a currency other than the currency of the State) for the purpose of performing any of its functions, subject to the approval of the Minister, given with the consent of the Minister for Public Expenditure and Reform and the Minister for Finance, and any conditions they may determine.

Deposits and charges for services

25. (1) The Commission may require a person to pay a deposit of such amount as the Commission considers reasonable in respect of an application made by the person to the Commission for a broadcasting contract.

(2) The Commission may charge for services or facilities provided by it.

(3) Any surplus of income under subsection (2) over the expenses incurred by the Commission in respect of the provision of the services or facilities concerned in a particular financial year shall be applied in such manner as the Minister, after consultation with the Commission and with the consent of the Minister for Finance and the Minister for Public Expenditure and Reform, may direct and any such direction may require that all or part of such excess be paid into the Exchequer.

(4) The Commission may recover any amount due and owing to it under this section from any person as a simple contract debt in any court of competent jurisdiction.

Estimates and accounts

26. (1) The Commission shall submit estimates of income and expenditure to the Minister in such form, in respect of such periods and at such times as may be required by the Minister and shall furnish to the Minister any information which the Minister may require in relation to those estimates, including proposals and future plans relating to the performance by the Commission of its functions over a specified period of years.

(2) The Commission shall keep, in such form as may be approved by the Minister with the consent of the Minister for Public Expenditure and Reform, all proper and usual books or other records of account of—

(a) all moneys received or expended by the Commission,

(b) the sources of all moneys received and the reasons for all expenses, and

(3) The books and records referred to in subsection (2) shall include an income and expenditure account and a balance sheet and such special accounts, if any, as the Minister may from time to time direct.

(4) The Commission shall, whenever so requested by the Minister, permit any person appointed by the Minister to examine the books or other records of account of the Commission in respect of any financial year, or other period, and shall facilitate any such examination, and the Commission shall pay such fee for the examination as may be required by the Minister.

(5) Accounts kept under this section, signed by the chairperson and one other Commissioner or, in the absence of the chairperson, by 2 Commissioners, shall be submitted by the Commission to the Comptroller and Auditor General for audit as soon as practicable after the end of the financial year to which the accounts relate, but not later than 3 months thereafter.

(6) When so audited, a copy of the accounts together with a copy of the report of the Comptroller and Auditor General thereon shall be presented by the Commission to the Minister who shall, as soon as practicable but not later than 3 months thereafter, cause copies of them to be laid before each House of the Oireachtas.

(7) The Commission shall, with the approval of the Minister, given with the consent of the Minister for Public Expenditure and Reform, publish on a website maintained by the Commission—

(a) such estimates of income and expenditure as are required to be submitted under subsection (1), and

(b) the audited accounts, or a summary of them, and the report of the Comptroller and Auditor General, presented to the Minister under subsection (6).

(8) The financial year of the Commission shall be the period of 12 months ending on the 31st day of December in any year, except that the period commencing on the establishment day and ending on the following 31st day of December shall be the first financial year of the Commission.

Accountability of chairperson to Public Accounts Committee

27. (1) The chairperson shall, whenever required in writing to do so by the Committee of Dáil Éireann established under the Standing Orders of Dáil Éireann to examine and report to Dáil Éireann on the appropriation accounts and reports of the Comptroller and Auditor General, give evidence to the Committee in relation to—

(a) the regularity and propriety of the transactions recorded or required to be recorded in any book or other record of account subject to audit by the Comptroller and Auditor General that the Commission is required by or under any enactment to prepare,

(b) the economy and efficiency of the Commission in the use of its resources,

(c) the systems, procedures and practices employed by the Commission for the purpose of evaluating the effectiveness of its operations, and

(d) any matter affecting the Commission referred to in a special report of the Comptroller and Auditor General under section 11(2) of the Comptroller and Auditor General (Amendment) Act 1993, or in any other report of the Comptroller and Auditor General (in so far as it relates to a matter specified in paragraph (a), (b) or (c)) that is laid before Dáil Éireann.

(2) In the performance of his or her duties under this section, the chairperson shall not question or express an opinion on the merits of—

(a) any policy of the Government or of a Minister of the Government, or

(b) the objectives of such a policy.

Accountability of Commissioner to Oireachtas committees

28. (1) The chairperson, if required in writing to do so by a committee, shall attend before it to give account for the general administration of the Commission.

(2) Any Commissioner, if required in writing to do so by a committee, shall attend before it to give account for the performance of any functions of the Commission delegated to him or her.

(3) Subsections (1) and (2) do not require a Commissioner to give account before a committee for any matter which is or has been, or which may in the future be, the subject of proceedings before a court or tribunal.

(4) Where a Commissioner is of the opinion that a matter in respect of which he or she is requested to give an account before a committee is a matter to which subsection (3) applies, he or she shall inform the committee of that opinion and the reasons for the opinion and, unless the information is conveyed to the committee at a time when the Commissioner is before it, the information shall be so conveyed in writing.

(5) Where the Commissioner has informed a committee of his or her opinion in accordance with subsection (4) and the committee does not withdraw the requirement referred to in subsection (1) or (2) in so far as it relates to a matter the subject of that opinion—

(a) the Commissioner may, not later than 21 days after being informed by the committee of its decision not to do so, apply to the High Court in a summary manner for determination of the question whether the matter is one to which subsection (3) applies, or

(b) the chairperson of the committee may, on behalf of the committee, make such an application,

and the High Court shall determine the matter.

(6) Pending the determination of an application under subsection (5), the Commissioner shall not attend before the committee to give account for the matter the subject of the application.

(7) If the High Court determines that subsection (3) applies to the matter concerned, the committee shall withdraw the requirement referred to in subsection (1) or (2), but if the High Court determines that subsection (3) does not apply, the Commissioner shall attend before the committee and give account for the matter.

(8) In this section, ‘committee’ means a committee appointed by either House of the Oireachtas or jointly by both Houses of the Oireachtas (other than the committee referred to in section 27 or the Committee on Members’ Interests of Dáil Éireann or the Committee on Members’ Interests of Seanad Éireann) or a subcommittee of such a committee.

Strategy statement and work programme

29. (1) As soon as practicable after the establishment day, and thereafter not earlier than 6 months before and not later than 3 months before each third anniversary of the establishment day, the Commission shall prepare and submit to the Minister a strategy statement for the 3 year period immediately following the year in which the statement is submitted.

(2) A strategy statement shall—

(a) specify the Commission’s objectives and intended outputs for the 3 year period referred to in subsection (1), and its strategies for achieving them, including its strategies for the economic and efficient use of resources,

(b) specify the manner in which the Commission proposes to assess its performance in respect of the objectives referred to in paragraph (a), taking account of its proposed financial and non-financial performance indicators,

(c) except for the first strategy statement, include an assessment of the outcomes and effectiveness of the preceding strategy statement, based on the manner of assessment and the proposed performance indicators specified in the preceding strategy statement, and

(d) include any other matter that the Minister may direct.

(3) A strategy statement shall be prepared in the form and manner that the Minister directs.

(4) When preparing a strategy statement, the Commission may consult such persons as it considers appropriate.

(5) Prior to the adoption of a strategy statement and its submission to the Minister, the Commission shall undertake, for such reasonable period as the Commission may determine, a public consultation process on a draft of the strategy statement.

(6) As soon as practicable after a strategy statement has been submitted to the Minister under subsection (1), the Minister shall cause a copy of the strategy statement to be laid before each House of the Oireachtas and the Commission shall publish the strategy statement on a website maintained by the Commission.

(7) The Commission shall prepare and submit to the Minister, at least 2 months before the commencement of each financial year, a work programme relating to the discharge of its functions, including—

(a) having regard to the strategy statement, the objectives and intended outputs of the Commission for that year and its strategy for achieving those objectives and outputs,

(b) the Commission’s priorities for its work to achieve those objectives and outputs, and

(8) The Commission shall, in preparing each strategy statement and each work programme, have regard to the need to ensure the most effective, efficient, and economical use of its resources.

(9) The Commission shall give a copy of the strategy statement to such committees of either or both Houses of the Oireachtas as the Minister may direct.

Observations on legislative proposals and review of enactments

30. (1) The Minister may direct the Commission to—

(a) provide observations in relation to proposals for legislative measures, or

(b) undertake a review of the operation or intended operation of an enactment,

where the functions of the Commission relate to or impact on the proposals or enactment.

(2) The Commission may, on receipt of a direction under subsection (1) or of its own volition, make a proposal to the Minister or any other Minister of the Government it considers appropriate, for a legislative measure on a matter to which the functions of the Commission relate or upon which the functions of the Commission impact.

(3) Without prejudice to the generality of subsection (2), a proposal under that subsection may include a proposal to make, amend or repeal any enactment.

(4) The Commission shall, in complying with a direction under subsection (1) or in making a proposal under subsection (2), consult any person who it appears to the Commission it is appropriate to consult, or whom the Minister concerned directs is to be consulted.

(5) In this section—

‘Act’ means—

(a) an Act of the Oireachtas, and

(b) a statute which was in force in Saorstát Éireann immediately before the date of the coming into operation of the Constitution and which continued in force by virtue of Article 50 of the Constitution;

‘enactment’ means an Act or a statutory instrument, including this Act or any statutory instrument made under it, or any provision of an Act or statutory instrument;

‘make’ in subsection (3), in respect of an Act, includes enact or commence;

‘proposal for a legislative measure’ means a proposal for an Act or statutory instrument;

‘repeal’ includes revoke, rescind, abrogate or cancel;

‘statutory instrument’ means an order, regulation, rule, bye-law, warrant, licence, certificate, notice, direction, code, scheme, guideline or other like document made, issued, granted or otherwise created by or under an Act.

Reporting by Commission

31. (1) The Commission shall not later than the 30th day of June in each year prepare and submit to the Minister a report on its activities in the immediately preceding year (in this section referred to as the ‘annual report’), and the Minister shall, as soon as may be after receiving the annual report, cause copies of the annual report to be laid before each House of the Oireachtas.

(2) An annual report shall include information in such form and regarding such matters as the Minister may direct but nothing in this subsection shall be construed as requiring the Commission to include information the inclusion of which would, in the opinion of the Commission, be likely to prejudice the performance of its functions.

(3) An annual report shall include details of any scheme approved under Part 10 or 10A of this Act.

(4) An annual report shall include a report to the Minister on progress made towards increasing the accessibility of audiovisual media services to people with disabilities, and in particular, on progress made to achieve the intended outcomes relating to such accessibility set out in any media service rules.

(5) The Commission may furnish to the Minister such information or reports, in addition to the annual report, about the performance of its functions as it considers appropriate.

(6) In addition to information provided by the Commission in its annual report and in any reports made under subsection (5) the Commission shall supply to the Minister such information as the Minister may require regarding the performance of its functions.

(7) The Commission shall arrange for an annual report that has been laid before each House of the Oireachtas in accordance with subsection (1) to be published, on a website maintained by the Commission, as soon as practicable after copies of the report are so laid.

Co-operation with other bodies

32. (1) The Commission may, in the interests of the effective discharge of its functions, co-operate and enter into co-operation agreements with a body established in the State.

(2) The Commission may, in the interests of the effective discharge of its functions, co-operate, and enter into co-operation agreements, with a body not established in the State, if that body performs similar functions to the Commission.

(3) Without prejudice to the generality of subsection (2), a body which is a member of the European Regulators Group for Audiovisual Media Services established by Article 30b(1) of the Directive shall be considered to be a body which performs similar functions to the Commission.

(4) If the Commission enters into an agreement under this section—

(a) it shall provide the Minister and the Joint Oireachtas Committee with a copy of the agreement, and

(b) it may publish the agreement on a website maintained by it, with the consent of all parties to the agreement, and subject to such redaction as may be agreed between them.

Disclosure of personal data

33. (1) The Commission may, in the circumstances referred to in subsection (2), disclose personal data to any of the following:

(a) the Data Protection Commission;

(b) a national regulatory authority or body designated by another Member State under Article 30 of the Directive;

(d) a broadcaster or a provider of an audiovisual on-demand media service;

(e) a body prescribed in regulations made by the Minister.

(2) The circumstances referred to in subsection (1) are:

(a) in the case of subsection (1)(a), where the Commission considers that a complaint, or part of a complaint, made under section 48 is not relevant to the performance by the Commission of its functions, but may be relevant to the performance by the Data Protection Commission of its functions, and the Commission considers that the disclosure is necessary and proportionate for the purposes of transferring the complaint or part to the Data Protection Commission;

(b) in the case of subsection (1)(b), where the Commission considers that a complaint, or part of a complaint, made under section 48 is made in relation to a broadcaster, or a provider of an audiovisual on-demand media service, which is under the jurisdiction of another Member State, and the Commission considers that the disclosure is necessary and proportionate for the purposes of transferring the complaint or part to the national regulatory authority or body designated by that Member State;

(c) in the case of subsection (1)(c), where the Commission considers that the disclosure may be necessary and proportionate for the prevention or investigation of a criminal offence;

(d) in the case of subsection (1)(d), where the Commission considers that a complaint, or part of a complaint, made under section 48 is made in relation to the broadcaster or provider of an audiovisual on-demand media service, and the Commission considers that the disclosure is necessary and proportionate for the purposes of transferring the complaint or part to the broadcaster or provider under section 48(3);

(e) in the case of any paragraph of subsection (1), where the Commission considers that the disclosure is necessary and proportionate in such other circumstances as may be prescribed in regulations made by the Minister.

(3) Where the Commission discloses a person’s personal data under this section the Commission shall notify the person of the disclosure in so far as it is practicable to do so.

(4) The matters that section 19(1) of the Data Sharing and Governance Act 2019 requires to be specified or included in a data-sharing agreement shall be specified or included in any agreement entered into by the Commission for the disclosure to another body of personal data in accordance with subsection (1), subject to the following modifications to the description of those matters in section 19(1) of that Act:

(a) references to the data-sharing shall be construed as references to any disclosure under the agreement;

(b) the reference in paragraph (d) to the public body concerned shall be construed as a reference to the body with whom the agreement is entered into;

(d) the following paragraph shall be substituted for paragraph (r):

‘(r) include in a schedule to the agreement a statement summarising the grounds on which the Commission considers the disclosure of the information to be necessary and proportionate as described in any paragraph of section 33(2) of the Broadcasting Act 2009.’.

(5) The Minister shall make regulations under subsection (1)(e) only where he or she is satisfied that disclosure by the Commission of personal data to a body prescribed under the regulations, in the circumstances referred to in subsection (2), is necessary for the performance by the Commission or the body prescribed of functions in the public interest.

(6) The Minister shall make regulations under subsection (2)(e) only where he or she is satisfied that disclosure by the Commission of personal data to a body referred to in subsection (1), in the circumstances prescribed under the regulations, is necessary for the performance by the Commission or such a body of functions in the public interest.

(7) The Minister shall consider whether it is necessary to carry out an assessment of the impact of regulations made under subsection (1)(e) or (2)(e) on the processing of personal data before making the regulations and, where he or she considers it necessary to do so, shall carry out the assessment.

(8) Regulations made under this section shall be laid by the Minister before each House of the Oireachtas as soon as may be after they are made and, if a resolution annulling the regulations is passed by either such House within the next 21 days on which the House sits after the regulations are laid before it, the regulations shall be annulled accordingly, but without prejudice to the validity of anything previously done under them.

(9) The Commission shall give a copy of any agreement referred to in subsection (4) to the Minister.

Co-operation with self-regulatory systems

34. (1) The Commission may co-operate with, or give assistance to, a person or group of persons, whether established in the State or elsewhere—

(a) in the preparation by that person or group of standards, or

(b) in the establishment and administration by that person or group of a self-regulatory system,

relating to the regulation of programme material, user-generated video or other content.

(2) In this section, ‘self-regulatory system’ means a system whereby the members of a group of persons with a shared interest voluntarily adhere to rules or codes of conduct established by that group, and may include a system which provides for the resolution of disputes.

Policy communications

35. (1) The Commission may consider any communication issued to it by the Minister in accordance with this section (a ‘policy communication’), if the Commission is satisfied that doing so is consistent with its independence in the performance of its functions.

(2) The Minister may issue a policy communication if—

(a) the Minister thinks the Commission should consider the matters referred to in the communication in formulating policy relating to the performance of its functions, and

(b) the Minister is satisfied that issuing the communication is consistent with the Commission’s independence in the performance of its functions.

(3) Before issuing a policy communication, the Minister—

(a) shall give the Commission a draft of the proposed communication and the reasons for it, and

(b) shall publish the draft and the reasons with a notice specifying the period within which representations relating to the communication may be made by any person.

(4) The period specified must not be less than 21 days from the date of publication of the notice.

(5) After considering any representations made under subsection (3), the Minister may issue the policy communication with or without amendment.

(6) Before issuing a policy communication that relates to the functions of another Minister of the Government, the Minister shall consult that other Minister.

(7) The Minister shall not issue a policy communication that relates to the Commission’s performance of its functions in relation to a particular person.

(8) The Minister shall not issue a policy communication that relates to the Commission’s performance of its functions under Part 5, 6, 8 or 8B of this Act.

(9) A policy communication shall be laid before each House of the Oireachtas by the Minister as soon as may be after it is issued.

(10) The Commission shall publish a policy communication on a website maintained by it.

Confidential information

36. (1) A person shall not disclose confidential information obtained by him or her in the course of performing, or as a result of having performed, functions as a relevant person under this Act unless he or she is required or permitted by law, or duly authorised by the Commission, to do so.

(2) Subsection (1) does not apply where—

(a) the disclosure is made to the Commission,

(b) the disclosure is made to a Minister of the Government,

(c) the disclosure is made to a public body, whether in the State or otherwise, for the purposes of facilitating co-operation between the Commission and such body in the performance of their respective functions, or

(d) the disclosure is made to a member of the Garda Síochána and, in the opinion of the person making the disclosure, the information may relate to the commission of an offence (whether an offence under this Act or not).

(3) A person who contravenes subsection (1) shall be guilty of a category 3 offence.

(4) In this section—

‘confidential information’ means—

(a) information that is expressed by the Commission to be confidential, either as regards particular information or as regards information of a particular class or description, or

(b) information of a commercially sensitive nature submitted to the Commission for the purposes of the performance of its functions;

‘relevant person’ means—

(a) a Commissioner,

(b) a member of the staff of the Commission,

(d) any other person engaged under a contract for services by the Commission, or a member of the staff of such a person, including a consultant or adviser engaged under section 20, or

(e) a person who has previously acted in a capacity referred to in any of paragraphs (a) to (d).

Disclosure of interests

37. (1) Where a relevant person or a connected relative of a relevant person is likely to derive a benefit from any matter to be considered by the Commission, or where a relevant person has a relevant interest in any business or organisation representative of any business, which is likely to derive a benefit from such a matter, the relevant person—

(a) shall, in advance of any consideration of the matter, disclose that fact to the Commission,

(b) shall take no part in the deliberation by the Commissioners or members of the staff of the Commission in relation to the matter,

(c) shall withdraw from a meeting at which the matter is being considered for so long as it is being so considered, and shall not be counted towards a quorum during any such consideration,

(d) shall not influence or seek to influence a decision to be made in relation to the matter, and

(e) shall not make any recommendation to the Commission in relation to the matter.

(2) Subsection (1) does not apply to a person as regards—

(a) a contract or proposed contract of employment of that person as a member of the staff of the Commission, or

(b) a contract or proposed contract for services in respect of that person, provided that person is not a Commissioner or a member of staff.

(3) Where a Commissioner fails to comply with this section, and that failure has not resulted in the Government issuing a notice under section 12(6), the Minister shall decide the appropriate action to be taken.

(4) Where a person other than a Commissioner fails to comply with this section, the Commission shall decide the appropriate action to be taken, which may include termination of the person’s contract of employment or contract for services.

(5) For the purposes of this section—

‘connected relative’ shall be construed in accordance with section 12(15);

‘relevant interest’ shall be construed in accordance with section 12(13) and (14), subject to the modifications that—

(a) references to a ‘provider of communications media’ or ‘the provider’ in those subsections shall be construed as references to the ‘business’ or ‘organisation representative of any business’ referred to in subsection (1), and

(b) references to a person shall be construed as references to the relevant person referred to in subsection (1);

‘relevant person’ means a Commissioner, a member of the staff of the Commission, or a consultant or adviser engaged under section 20.

Judicial review

38. (1) Leave shall not be granted for judicial review of a decision under section 139ZS.

(2) Leave shall not be granted for judicial review of any other decision made or act done by the Commission under this Act unless—

(a) the application for leave is made to the High Court within the period of 28 days beginning on the date of the decision or the date of the doing of the act, or

(b) the High Court is satisfied that it may extend the period provided for in paragraph (a) because—

(i) there is good and sufficient reason for doing so, and

(ii) the circumstances that resulted in the failure to make the application for leave within the period in paragraph (a) were outside the control of the applicant for the extension.

(3) The Commission may, at any time after the bringing of an application for leave to apply for judicial review which relates to a matter for the time being before the Commission, apply to the High Court to stay the judicial review proceedings pending the making of a decision by the Commission in relation to the matter.

(4) On the making of an application referred to in subsection (3), the High Court may, where it considers that the matter is within the jurisdiction of the Commission, stay the proceedings on such terms as it thinks fit.

(5) Subject to subsection (6), no appeal shall lie to the Court of Appeal from a decision of the High Court on:

(a) an application for leave for judicial review made in accordance with subsection (1) or (2);

(b) an application to extend the period for the making of such an application in accordance with subsection (2);

(d) any other application made in proceedings referred to in paragraph (a), (b) or (c).

(6) The High Court may grant leave to appeal from a decision referred to in subsection (5), where it certifies that its decision involves a point of law of exceptional public importance and that it is desirable in the public interest that an appeal should be taken to the Court of Appeal.

(7) On an appeal referred to in subsection (6), the Court of Appeal shall have jurisdiction to determine only the point of law certified by the High Court under subsection (6), and to make only such order as necessarily follows from that determination.”.

Revised Acts

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