You can complain about radio or television broadcasts or programme material on an audiovisual on-demand media (“VOD”) service if you believe it did not comply with standards set out in statute (Part 3B of the Broadcasting Act 2009) and/or in a media service code or rule. The statutory and regulatory standards applying to different types of content or services are:
All programming (i.e. non-commercial content)
- Harm, offence, incitement, and authority of State (section 46J of the Broadcasting Act 2009)
A broadcaster shall not broadcast, and a provider of an audiovisual on-demand media service shall not make available in a catalogue of the service:
a) anything which may reasonably be regarded as causing harm or undue offence,
b) anything which may reasonably be regarded as likely to promote, or incite to, crime,
c) anything which may reasonably be regarded as conduct falling within Article 5 of Directive (EU) 2017/541 which relates to public provocation to commit a terrorist offence,
d) anything which may reasonably be regarded as likely to incite to violence or hatred directed against a group of persons, or a member of a group, based on any of the grounds referred to in Article 21 of the EU Charter of Fundamental Rights, which are sex, race, colour, ethnic or social origin, genetic features, language, religion or belief, political or any other opinion, membership of a national minority, property, birth, disability, age, sexual orientation and nationality, or
e) anything which may reasonably be regarded as tending to undermine the authority of the State.
- Privacy (section 46K of the Broadcasting Act 2009)
A broadcaster shall ensure that, in programmes broadcast by the broadcaster, and in the means employed to make such programmes, the privacy of any individual is not unreasonably encroached upon.
A provider of an audiovisual on-demand media service shall ensure that in programmes included in a catalogue of the service, and in the means employed to make such programmes, the privacy of any individual is not unreasonably encroached upon.
This Code sets out the standards that apply to all programming (i.e. non-commercial content) broadcast by broadcasters regulated in Ireland. This Code does not apply to VOD services*.
News and current affairs
In addition to the standards applying to all programming (see above), news and current affairs content from broadcasters and certain VOD providers** must also comply with the following:
- News and Current Affairs (section 46L of the Broadcasting Act 2009)
A broadcaster, in programmes which he or she broadcasts, and a relevant media service provider, in programmes which he or she makes available in a catalogue of the relevant service, shall ensure:
a) that news is reported and presented in an objective and impartial manner and without any expression of the broadcaster’s or provider’s own views, and
b) that the treatment of current affairs, including matters which are either of public controversy or the subject of current public debate, is fair to all interests concerned, and that the matter broadcast or made available is presented in an objective and impartial manner and without any expression of the broadcaster’s or provider’s own views.
If it is not practicable to meet the requirements of fairness, objectivity and impartiality in current affairs in one programme, two or more programmes can be considered as a whole if:
a) where the programmes are broadcast, they are broadcast within a reasonable period of each other, or
b) where the programmes are made available on a relevant VOD service, they are made available in the same way on the service within a reasonable period of each other.
The requirements of fairness, objectivity and impartiality do not prevent broadcasters and relevant media service providers from broadcasting or making available party political programmes provided that an unfair preference is not given to any political party:
a) by a broadcaster, in the allocation of time for such programmes, or
b) by a relevant media service provider, in the positioning of such programmes in a catalogue of the relevant service.
The requirement for a broadcaster or relevant media service provider not to express his or her own views does not apply to news or current affairs relating to a proposal which:
a) concerns policy as regards broadcasting which is of public controversy or the subject of current public debate, and
b) is being considered by the Government or the Minister.
Radio broadcasters shall ensure that the time devoted to the broadcasting of news and current affairs programmes on the service:
a) is not less than 20 per cent of the broadcasting time of the service, and
b) if the service is provided for more than 12 hours in any one day, is not less than 2 hours of the broadcasting time of the service between 07. 00 hours and 19. 00 hours,
unless the Commission has authorised a derogation in whole or in part from this requirement.
This Code sets out the standards that apply to news and current affairs content broadcast by broadcasters regulated in Ireland. This Code does not apply to VOD services*. Rule 27 of this Code provides for An Coimisiún to prepare guidelines for broadcasters in relation to coverage of referendums and elections. These guidelines inform An Coimisiún’s consideration of complaints about broadcast coverage of referendums and elections.
Commercial content (advertising, sponsorship, product placement and teleshopping):
This Code sets out the standards that apply to commercial communications (i.e. advertising, sponsorship, product placement and teleshopping) broadcast by broadcasters regulated in Ireland. This Code does not apply to VOD services*.
This Code sets out the standards that apply to commercial communications that promote products, services, or activities that are deemed to be of particular interest to children and/or broadcast during and between children’s programmes. This Code does not apply to VOD services*.
- Advertising (sections 46M(2) or (3), 106(3) and 127(6) of the Broadcasting Act 2009)
A broadcaster shall not broadcast, and a relevant media service provider** shall not make available in a catalogue of the relevant service, an advertisement which:
a) is directed towards a political end or has any relation to an industrial dispute, or
b) addresses the issue of the merits or otherwise of adhering to any religious faith or belief, or of becoming a member of any religion or religious organisation.
Radio broadcasting services (not including public service radio services) shall ensure that in the service the total daily time devoted to broadcasting advertisements does not exceed 15 per cent of the total daily broadcasting time.
The advertising limits for RTÉ and TG4 broadcasting services are approved by the Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media.
For public service radio:
– the total daily time for broadcasting advertisements shall not exceed 15 per cent of the total daily broadcasting time; and
– the maximum period given to advertisements in any hour shall not exceed 10 minutes.
For public service television:
– the time allowed for broadcasting advertisements in the period between 06.00 and 18.00 and in the period between 18.00 and 24.00 each day shall not exceed 20 per cent of the time in each period.
These rules set limits on the amount of advertising and teleshopping broadcast by Irish broadcasters, other than those set out in statute or set by the Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media. These Rules do not apply to VOD services.
Access services (subtitling, Irish Sign Language and Audio Description)
These Rules determine the levels of subtitling, Irish Sign Language and audio description that television broadcasters in Ireland are required to provide. The Rules also provide guidance on the standards for those access services. These Rules do not apply to VOD services.*
Retaining copies of programme material
- Retention of copies of programme material (section 46P(1) or (2) of the Broadcasting Act 2009)
Broadcasters and VOD providers are required to retain a copy of all programme material broadcast/supplied by the broadcaster under a broadcasting or content provision contract or made available in a catalogue of a VOD service (as applicable) for a period of time as determined by the Commission.
*Coimisiún na Meán is currently developing media services codes and rules that will apply to VOD services. When these are in effect, a complaint may be made against a VOD service where a person believes content on that service has not complied with a media service code or rule.
**The statutory standards in relation to news and current affairs and the prohibitions on certain types of advertisement apply to a subset of VOD providers only (sections 46L and 46M(2)). These are VOD providers who are also: (1) public service broadcasters established by statute, or (2) holders of broadcasting contracts with Coimisiún na Meán, or (3) persons who publish a newspaper or periodical consisting substantially of news and current affairs, broadcasters, providers of news and current affairs programming to broadcasters or providers of news and current affairs online, AND whose annual sales from those activities are greater than €2 million.
