Code of Business Conduct

Last Updated:  November 2025. Version 1.0

In addition to undertaking the functions of the BAI as the regulator for broadcasting in Ireland, An Coimisiún is responsible for the regulatory framework for online safety, the regulation of broadcasting and audiovisual on-demand services, and for supporting and developing the media sector in Ireland.

An Coimisiún is committed to the highest set of ethical principles and standards of conduct both internally and when engaging with the public and our stakeholders. We will act in a manner consistent with our organisational values: Trust, Impact, People Focussed, Independence, Integrity and Courage. We seek to promote confidence and trust in the organisation so that we can effectively deliver on our organisational vision for a thriving, diverse, creative, safe and trusted media landscape.

An Coimisiún has developed this Code of Business Conduct (“this Code”) in respect of controls of interests and ethical behaviour. This Code takes into account the provisions of the Broadcasting Act 2009 as amended, as well as the further provisions in respect of avoidance of conflicts of interest (and related matters) that have been proposed in the General Scheme of the Broadcasting (Amendment) Bill.

The Code was approved by the Commission in July 2025. A copy of the Code is available on request.

Scope

This Code applies to:

• all members of the staff of An Coimisiún, including Commissioners,
• persons seconded to work in An Coimisiún or engaged through an employment agency,
• consultants and advisers engaged by An Coimisiún to assist the organisation in the performance of its functions .

Purpose

The purposes of the Code are to:

• establish a set of standards, ethical principles and obligations that will govern the manner in which the business of An Coimisiún will be conducted by its staff;
• provide guidance to all staff in the performance of their functions and duties;
• promote and maintain confidence and trust both within An Coimisiún and with stakeholders;
• prevent any potential conflicts of interest for a person exercising functions on behalf of An Coimisiún;
• provide for matters including the disclosure of interests by senior decision-makers and the protection of confidentiality in respect of the exercise of functions of An Coimisiún;
• ensure adherence to appropriate standards in respect of hospitality offered by outside parties.

This Code is an affirmation of our organisational values and associated behaviours in all aspects of An Coimisiún’s business. It sets out the policies and procedures designed to ensure not only compliance but also to demonstrate high standards of governance and ethical practice.

An Coimisiún aims to safeguard its impartiality at all times by actively managing or avoiding conflicts of interest. An actual conflict of interest arises when a staff member’s personal interests, connections or activities conflict with their duties in An Coimisiún. A perceived conflict of interest arises when a staff member’s personal interests, connections or activities could reasonably (having regard to the staff member’s interest, connections or activities and to the work of An Coimisiún) be perceived by a reasonable third party to materially conflict with the staff member’s duties as outlined in their employment contract. An Coimisiun’s framework for managing conflicts of interest applies to both actual and perceived conflicts.

It is not practical to avoid all conflicts of interest. Instead, the objective is to ensure that all actual and perceived conflicts are identified promptly and mitigated by measures which are proportionate to the severity of the conflict. Essentially, all staff should maintain an ongoing awareness of the possibility of a conflict of interest arising. Should a set of circumstances be identified which may amount to a conflict, then the staff member must seek the appropriate advice from their manager or the Risk/Governance Function.

No staff member should make a unilateral decision about how to manage a conflict, as their perception of the situation will inevitably be subjective. Details outlining what may be considered a conflict of interest are set out in detail below. Certain types of conflicts of interest have specific requirements and apply to specific staff, and these are set out below.

Our values

Our values determine our culture and the standards to which we hold ourselves accountable. They set out the behaviours we live by on a day-to-day basis. The following are the values of An Coimisiún.

Trust

• We build and protect our reputation as a trusted regulator.
• Build credibility by demonstrating expertise and competence.
• Be consistent, proportionate, and fair in decisions and policies.
• Follow through on commitments and be reliable.
• Use clear and simple words when addressing stakeholder needs and concerns, rather than resorting to legal language and references.

Impact

• We maximise our impact by delivering results that make a positive difference.
• Be clear on the desired outcome we want for us and the public before choosing a course of action.
• Set clear goals, then measure and evaluate outcomes.
• Learn from failures, be honest and transparent about what has worked and what can be improved.

Independence

• We are impartial, putting the best interests of the public at the centre of what we do.
• Be impartial by listening to stakeholders while remaining objective, and interrogating data.
• Be transparent and open, showing the rationale and evidence for decisions.
• Take ownership of decisions even in the face of criticism.

Courage

• We are not afraid to take risks and challenge the status quo to change the media landscape for the better.
• Be curious in our questions, think critically and challenge constructively.
• Embrace change by looking for better ways to do things and navigating ambiguity together.
• Assess risk and take informed decisions.

People Focused

• We do our best work by valuing each other and our stakeholders and working together.
• Engage with stakeholders, listening in a respectful way to ensure the best outcomes for the public.
• Prioritise inclusion by being open to the value diversity brings, and ensuring our service is accessible to all.
• Support everyone to do their best work, by developing capability and protecting wellbeing

Integrity

• We uphold the highest ethical standards.
• Act at all times in good faith and speak up to ensure our values are upheld.
• Be honest and open in all interactions.
• Always do the right thing and be transparent in what we do and how we do it.

General principles

An Coimisiún is committed to conducting its activity in accordance with its statutory remit and all relevant legislation, observing three fundamental principles:

• integrity;
• trust; and,
• fairness.

It is the duty of all to whom this Code applies to conform to the highest standards of conduct and business ethics. The principles of integrity, trust and fairness are to be given practical effect through the processes, procedures, and obligations set out in this Code. Staff members and Commissioners are expected to achieve the standards set out in this Code in the fullest sense, and not merely to achieve minimum or technical compliance with this Code.

Integrity

Conflicts of Interest – all staff

• All staff have an obligation to disclose any potential conflict of interest or a perceived conflict of interest as soon as they become aware of any such conflict. Where a staff member, or their spouse or civil partner, is
  • likely to derive a benefit from any matter to be considered by An Coimisiún, or
  • has a relevant interest in any relevant business or organisation (a “relevant business or organisation” is any business or organsiation that is likely to derive a benefit from such a matter), the staff member shall:

• i. in advance of any consideration of the matter, disclose that fact,
• ii. take no part in the deliberation by An Coimisiún or members of the staff of An Coimisiún in relation to the matter,
• iii. withdraw from any 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,
• iv. not influence or seek to influence a decision to be made in relation to the matter, and
• v. not make any recommendation to An Coimisiún or any member of staff of An Coimisiún in relation to the matter.

Any staff member who has a conflict of interest in respect of a matter must not seek, receive or (if already received) retain any information or materials with respect to that matter.

• Any staff member who identifies a perceived conflict of interest should raise the matter with their line manager or another appropriate member of staff.

• Practical disclosure matters relating to the above are set out at Appendix 3.

Disclosures of interest – Commissioners and senior staff

Commissioners and senior decision makers of An Coimisiún have additional “disclosures of interest” reporting responsibilities in line with the relevant requirements of the Broadcasting Act 2009 and Ethics in Public Office Acts 1995 and 2001.

These additional responsibilities and template response forms are set out at Appendix 1.

Obligation to avoid conflicts arising

• Disclosing existing conflicts of interest is not sufficient to achieve appropriate levels of ethical conduct by staff. In the first instance, staff members should avoid having outside interests that are in conflict (or could potentially come into conflict) with the activity of An Coimisiún or the work of those staff members for An Coimisiún.
• In particular, each staff member should:
  • avoid, insofar as possible, having a relevant interest in a relevant business or organisation; and
  • avoid having any interest in any matter involving the regulatory, enforcement, or funding activities of An Coimisiún;

unless the nature of the staff member’s service on behalf of An Coimisiún is such that having such an interest could not materially affect the work of An Coimisiún or the work of that staff member on behalf of An Coimisiún.

• The extent of a staff member’s duty to avoid conflicts of interest will depend on their role and function. For example, a Commissioner has an extremely high level of obligation to An Coimisiún generally and has a correspondingly high level of commitment to try to avoid conflicts of interest. On the other end of the spectrum, any potential conflicts arising from the outside interests of non-senior decision-making members of staff and temporary employees hired for specific roles that do not involve regulatory, enforcement, or funding-related functions are more likely to be manageable within the scope of this Code. Such staff members, therefore, may have more scope to retain outside interests during the period of their service with An Coimisiún.

Details of interests disclosed by staff members are kept by the Secretary to An Coimisiún in a special confidential register. Access to the register is restricted to the Chairperson and Secretary. They may decide to grant access to details of a particular disclosure to other Commissioners or a Line Manager as is relevant or necessary, given the subject matter and/or functional area. This will be on a strictly need-to-know basis and in accordance with any applicable procedures established by An Coimisiún for this purpose.

Obligation to maintain confidentiality

• Staff members must take appropriate actions to ensure that confidential information in relation to An Coimisiún (including but not limited to information in respect of any investigation; enforcement, prosecution or other regulatory action; and/or funding decision) is kept confidential and is not disclosed (directly or indirectly) to any outside party except in accordance with appropriate procedures.
• Confidential information obtained in the course of a staff member’s service with An Coimisiún must never be disclosed or used by a staff member other than in the course of such service, either during or after the period of the staff member’s service with An Coimisiún.

Obligation to avoid personal benefits

• Staff members must refrain from using the reputation, resources, connections or time of An Coimisiún for personal gain or for the benefit of persons or organisations unconnected with An Coimisiún.
• Staff members should not accept paid (or otherwise compensated) work outside of their employment with An Coimisiún, which could give rise to the perception that they are leveraging their role with An Coimisiún for pay or compensation.

Secondary employment

• In engaging in activities outside of work, staff must avoid the risk of conflict with their official duties, avoid any impropriety and comply with all An Coimisiún disclosure requirements.

• Staff should also be mindful of the potential impact of perceived conflicts of interest, and due care and consideration should be given to these situations. In some situations it will be prudent, to protect both An Coimisiún and the member of staff in question from adverse comment or challenge, for the member of staff to take similar steps as they would take in a case of a true conflict of interest, i.e. to step aside from any decision-making process that is relevant to that perceived conflict.
• Any staff member wishing to take up any form of secondary employment (regardless of the duration of the role or the level of remuneration attached) must notify their manager in advance. If it is considered that the proposed secondary employment has the potential to create a conflict of interest, or a perceived conflict of interest, or is otherwise inconsistent with a staff member’s role as a staff member of An Coimisiún, the matter should be referred to the Conflicts of Interest Group for consideration.
• Staff members should be aware that they are subject to the Government’s ‘One Person One Salary’ principle.

Conflicts after termination of office or employment

• A staff member should, in the period 12 months after the termination of their service with An Coimisiún, refrain from engaging in any paid employment or self-employment that would cause a conflict of interest in respect of work that they did while serving with An Coimisiún.
• A staff member must never, at any time after the termination of their service with An Coimisiún, disclose any confidential information relating to the work of An Coimisiún that the staff member learned while serving with An Coimisiún.
• On leaving the service of An Coimisiún, a staff member must return or destroy all materials in their possession that relate to the work of An Coimisiún.
• The provisions of this section are in addition to any contractual (or other legal) obligations of a staff member to An Coimisiún.

Trust

Gifts and hospitality

• In view of the sensitive nature of the responsibilities of An Coimisiún, An Coimisiún has adopted rigorous procedures with respect to the receipt of gifts and hospitality by a staff member from a relevant business or organisation.

• The giving or receiving of corporate gifts (including preferential treatment or benefits) or hospitality, which might affect (or reasonably be perceived to affect) the ability of the donor or the recipient to make independent judgements in respect of matters relating to the functions of An Coimisiún must be avoided even if such gifts or hospitality have a value that is below the gift threshold set out below.

• All offers of gifts and hospitality made (directly or indirectly) by a relevant business or organisation to any staff member must be notified to the Secretary to An Coimisiún and recorded by the Secretary. If the Secretary instructs a staff member to decline any gift or hospitality, then the staff member must decline it or (if the gift has already been received) return it.
• Where any gift or hospitality is received from a relevant business or organisation (because receipt of the gift does not affect or appear to affect the ability of the donor or the recipient to make independent judgement) then the receipt of such gift or hospitality must be notified to the Secretary to An Coimisiún and recorded by the Secretary. If the Secretary instructs a staff member to return a gift, then the staff member must return it.
• The acceptance and receipt of any gift and/or hospitality by a staff member from an applicant for a contract or for funding is prohibited.
• The offer or giving of gifts and/or hospitality by an applicant for a contract or for funding to a staff member may disqualify that applicant’s application.
• Gifts and hospitality for staff should not be sought or encouraged. An Coimisiún notes and appreciates the common courtesy generally implicit in offers of gifts and hospitality, but requests all staff to note that:
  • offers of gifts and/or hospitality from applicants for contracts or funding are unwelcome and will be refused; and
  • no inference or implication should be drawn that the award of any contract or funding will be in any way conditional on or positively influenced by any gifts or hospitality.

Gift threshold

The “gift threshold” means

• any gift or benefit that has a value of €50 or more, and
• any combination of multiple gifts and/or benefits with an aggregate value of €650 or more in any 13-year period.

Permitted gifts and hospitality

The following incidental gifts and hospitality are permitted:

• lunches or refreshments provided during a business visit;
• hospitality extended to staff attending a seminar, conference, or other external event, provided that such hospitality is extended to all who are in attendance;
• screenings and performances of An Coimisiún-funded productions;
• incidental hospitality at industry-sponsored or industry-organised events;
• attendance at (as opposed to participation in) free seminars, talks or workshops, provided that they are free to all in attendance and are not provided solely for staff of An Coimisiún;
• unsolicited items with a value of less than €50 (such as a book, promotional DVD, etc.);
• unsolicited suppliers’ branded materials (such as pens, stationery, etc.) with a token value;
• seasonal or other small gifts accepted on behalf of all staff, such as cakes.

Gifts which would otherwise be in breach of this Code may, with the Commission’s consent, be accepted where refusal would be considered reasonably likely to cause significant and/or cultural offence. Such gifts must be provided to the Secretary, who will arrange to donate any such gifts accepted to an appropriate charity.

Prohibited gifts and benefits

The following gifts and hospitality must not be offered to nor may they be accepted by staff:

• cash, at any time;
• any gift or hospitality from an applicant for a contract or funding, for as long as their tender or application remains under consideration;
• any overnight stay in any hotel or other accommodation;
• travel outside Ireland;
• sports equipment;
• electronic devices;
• musical instruments;
• works of art;
• furniture; or
• advantageous terms and conditions (whether as to price or otherwise) for the supply of goods or services from any supplier of goods or services to An Coimisiún.

An Coimisiún does not provide corporate gifts or hospitality (other than normal business courtesies) to suppliers, persons, or entities with which it conducts business.

Travel

All staff must adhere to An Coimisiún’s Foreign Travel & International Engagement Policy, which sets out the organisation’s internal policy for approving international engagements that involve foreign travel.

Compliance with statutory obligations

An Coimisiún is committed to compliance with all relevant statutory provisions, including governance, finance, data protection, and other relevant regulations.

Protected disclosures

In accordance with the Code of Practice for the Governance of State Bodies and the Protected Disclosures Act 2014, as amended, An Coimisiún has established and published procedures for the making of protected disclosures by workers who are or were employed by An Coimisiún and for dealing with such disclosures.

The Protected Disclosures Policy (Internal) sets out the mechanism by which workers have the opportunity to raise any concerns they may have about information that, in the reasonable belief of the worker, tends to show one or more relevant wrongdoings that came to the worker’s attention in a work-related context.

Finance and internal controls

All staff members are required to comply with financial and internal control obligations including those relating to:

• procurement, tendering, and purchasing procedures;
• prescribed levels of authority for sanctioning any relevant expenditure;
• controls to prevent fraud, including prescribed procedures in relation to claiming expenses; and,
• co-operating with internal audit and external auditing processes.

Staff members must never give, receive, or benefit from any bribe or corrupt payment.

Information

An Coimisiún is committed to providing access to general information relating to its activities in a way that is open and enhances its accountability to the general public.

Freedom of Information

Under the Freedom of Information Act 2014 as amended (the “FOI Act”), members of the public enjoy a legal right of access to information held by An Coimisiún, subject to certain defined exemptions.

An Coimisiún will respect the confidentiality of sensitive information held by the organisation while complying with the requirements of the FOI Act, constituting such information as:

7.5.1.1 commercially sensitive information;
7.5.1.2 personal information; and,
7.5.1.3 information received in confidence by An Coimisiún.

An Coimisiún will observe appropriate prior consultation procedures with third parties where, exceptionally, it is proposed to release sensitive information in the public interest.

Reporting

An Coimisiún is committed to ensuring that its accounts, reports and other communications accurately reflect its performance.

Organisational independence

An Coimisiún is an independent organisation and staff should protect its independent position at all times.

Fairness

An Coimisiún values its stakeholders and is committed to fairness and due process in the conduct of its activities and business dealings. An Coimisiún is committed to complying with all employment, equality and equal status legislation.

Staff members are expected both personally and professionally to behave in a fashion that reflects positively on their association with the organisation. An Coimisiún will not accept discrimination or harassment on grounds of including gender, civil status, family status, age, sexual orientation, disability, race, religion, or membership of the Traveller community. All persons connected with An Coimisiún must avoid any practice or conduct in the workplace which amounts to such discrimination or harassment of any kind.

An Coimisiún has in place separate policies dealing with bullying and harassment and other matters relevant to its staff.

Work environment

We strive to provide each employee with a safe and healthy work environment and have a number of policies and procedures in place to give practical effect to this priority.

Each employee has responsibility for maintaining a safe and healthy workplace for all employees and visitors by following environmental, safety and health rules and practices and reporting accidents, injuries and unsafe equipment, practices, or conditions.

Non-compliance

Any non-compliance with the provisions of this Code by a member of staff may result in appropriate sanctions being taken in respect of the person who has failed to comply with the Code. The nature of the sanction may depend on the nature of the staff member’s service with An Coimisiún. For example, members of the staff of An Coimisiún may face disciplinary action in accordance with the applicable disciplinary procedures; consultants may face termination of their consultancy contracts; and so on.

Implementation and review

Communication and awareness of this Code

A copy of this Code will be circulated:

• to all staff on the adoption of this Code; and,
• to all new employees on their appointment.

Staff members must confirm to the Secretary of An Coimisiún that they have received a copy of this Code and that they understand the requirements of this Code.

Review

This Code was adopted in July 2025 and will be reviewed no later than every four years. This Code will also be reviewed and (if necessary) updated in light of the final content of the Broadcasting (Amendment) Bill when that Bill is enacted.