Register of providers of audiovisual on-demand media services

9. The Principal Act is amended by the insertion of the following Part after Part 3:

“PART 3A

Register of providers of audiovisual on-demand media services

Register of providers of audiovisual on-demand media services

46A. (1) The Commission shall establish and maintain a register of media service providers subject to registration.

(2) For the purposes of this Part a media service provider is subject to registration if—

(a) it is under the jurisdiction of the State, and

(b) it provides an audiovisual on-demand media service.

(3) The register shall include at least the following information for each media service provider:

(a) the name of the media service provider;

(b) the name of each audiovisual on-demand media service provided by the media service provider;

(c) the criteria under section 2A on the basis of which the media service provider is under the jurisdiction of the State.

(4) The register shall be in such form as the Commission considers appropriate.

(5) The Commission shall provide a copy of the register to the Minister annually, or otherwise on the request of the Minister.

(6) The Commission shall publish the register on a website maintained by it, but may omit such information, other than the information mentioned in subsection (3)(a) and (b), as the Commission considers appropriate.

(7) In this Part, ‘the register’ means the register established and maintained by the Commission under this section.

Duty of media service providers to notify Commission

46B. (1) A media service provider that is subject to registration at the date of coming into operation of this Part shall give the Commission a notification under this section not later than the end of the transitional period.

(2) A media service provider that becomes subject to registration during the transitional period shall give the Commission a notification under this section not later than—

(a) the end of the transitional period, or

(b) if later, the end of 10 working days from the date on which the provider becomes subject to registration.

(3) A media service provider that becomes subject to registration after the transitional period shall give the Commission a notification under this section not later than 10 working days from the date on which the provider becomes subject to registration.

(4) The transitional period is the period of 3 months from the date of coming into operation of this Part.

(5) A notification under this section shall contain—

(a) the name of the media service provider,

(b) contact details of the media service provider,

(c) the name of each audiovisual on-demand media service provided by the provider,

(d) in each case, a description of the nature of the service and the nature of the content provided by the service,

(e) a statement of the basis on which the media service provider considers that it is under the jurisdiction of the State, and

(f) such other matters as the Commission may prescribe by rules under section 46H.

(6) A notification shall be given in compliance with any rules made under section 46H.

Duty of registered media service providers to notify changes

46C. (1) A media service provider registered on the register shall give the Commission a notification under this section of any change in the matters referred to in section 46B(5) (including any matters prescribed by rules under section 46H) relating to the provider or the services provided by the provider.

(2) A notification under this section shall be given not later than 10 working days from the date on which the change occurs.

(3) A notification shall be given in compliance with any rules made under section 46H.

Procedure where Commission notified under section 46B or 46C

46D. (1) This section applies if the Commission receives a notification under section 46B or 46C.

(2) The Commission may request further information from the media service provider for the purposes of deciding what action to take under subsection (3) or (4).

(3) In the case of a notification under section 46B, the Commission shall as soon as practicable—

(a) decide whether the media service provider is subject to registration, and

(b) if it decides that the media service provider is subject to registration, make the appropriate entry in the register.

(4) In the case of a notification under section 46C, the Commission shall as soon as practicable make any appropriate amendment to the register.

(5) The Commission shall give the media service provider—

(a) a statement in writing of any decision under subsection (3)(a),

(b) if that decision is that the provider is not subject to registration, a statement in writing of the reasons for the decision,

(c) a copy of any entry under subsection (3)(b), and

(d) a statement in writing of any amendment under subsection (4).

Review and correction of register

46E. (1) The Commission shall, from time to time as it considers appropriate, review each entry in the register.

(2) The Commission shall amend the register if it is satisfied, following a review under subsection (1) or otherwise, that—

(a) the provider to which an entry relates is not subject to registration, or

(b) information included in the register is incorrect.

(3) Before making an amendment under subsection (2) the Commission shall consult the provider concerned if it is practicable to do so.

(4) The Commission may request further information from the provider for the purposes of deciding whether to make an amendment under subsection (2).

(5) The Commission shall give the provider concerned a statement in writing of any amendment it makes under subsection (2).

Failure to notify or to provide further information

46F. (1) Where it appears to the Commission that a media service provider has failed to comply with section 46B, or 46C, or a request under section 46D(2) or section 46E(4), the Commission may by notice in writing direct the provider to take any action stated in the notice to comply with that section or that request.

(2) The Commission shall not give a direction under subsection (1) unless it has given the provider an opportunity to make representations about the apparent failure.

(3) A direction shall state—

(a) the reasons for it, and

(b) the period within which the provider must comply with it.

(4) Where a direction states that the provider has failed to comply with section 46B or 46C, the provider may appeal the direction to the Circuit Court within 28 days of receipt of the direction.

(5) On hearing an appeal under subsection (4), the Circuit Court may either—

(a) affirm the direction, or

(b) where it is satisfied that the Commission in giving the direction was irrational or erroneous in its reasoning, or committed a failure to comply with fair procedures, or any other clear error of law, order that the direction be withdrawn.

(6) A person who fails without reasonable excuse to comply with a direction under subsection (1) shall be guilty of a category 2 offence.

Removal of provider or service from register

46G. (1) If under section 46D(4) or 46E(2) the Commission—

(a) removes from the register the entry relating to a media service provider, or

(b) removes from the entry relating to a media service provider reference to an audiovisual on-demand media service,

the Commission shall enter in the register a statement to that effect and a statement of the reasons for that removal.

(2) The Commission shall give the provider concerned a copy of any statement included in the register under subsection (1).

Rules and guidelines

46H. (1) The Commission may, having regard to the efficiency of the registration process and the need to maintain an up-to-date register, make rules prescribing:

(a) subject to section 46A(3), the information to be included in the register;

(b) the form and manner of a notification under section 46B or 46C, including the information which must be provided under section 46B(5)(f);

(c) the procedures which the Commission shall follow in making requests for further information under sections 46D(2) and 46E(4).

(2) The Commission may issue guidelines in relation to the operation of this Part or of any rules made under subsection (1) and such guidelines shall be published on a website maintained by the Commission.”.