A new Broadcasting Bill was published on 14 May 2008. The Broadcasting Bill will significantly change Irish broadcasting as it seeks to cover the main aspects of regulation and broadcasting.

The Bill provides for the establishment of a single content regulator, the Broadcasting Authority of Ireland (BAI), which will assume the roles currently held by the Broadcasting Commission of Ireland (BCI) and the Broadcasting Complaints Commission (BCC) in addition to a range of new functions.

The BAI will have power to award licences in the independent sector and ensure that all broadcasters, public and private, comply with licence conditions and standards. When the Bill is enacted the BCI, the BCC and the RTE Authority will cease to exist.

Television and radio stations will face fines of up to €250,000 if they infringe codes of conduct or licence requirements under the Bill's stricter enforcement mechanism. These new financial penalties replace the current limited redress available to the BCI of revoking licences for infringement of licences or codes.

Provision is also made for the modernisation of radio licences including the availability of 'fast-tracked' applications, licence enforcement, legal definitions regarding TV licence and contract awards.

The Bill amends legislation regarding public service broadcasters and the allocation of public funding. It updates and revises the legislation relating to RTE and TG4 and establishes the framework for two new public service broadcasters, an Irish Film Channel and an Oireachtas channel.

The Bill introduces several proposals to protect the interests of viewers and listeners including a "right to reply" procedure where individuals whose reputation has been damaged may have this corrected in a further broadcast within 15 days. This is very similar to remedies available relating to the print-media sector although there the procedures under the Broadcasting Bill differ as there is no ombudsman and the complaint is dealt with the Compliance Committee of the BAI.

Provision is also made for the establishment by RTE and TG4 of audience councils to represent the views of listeners and viewers. This will mean that they are more akin to commercially driven boards of semi-state companies.

The Bill also effectively imposes a ban on advertising for junk food during children television viewing periods. Some commentators have criticised this provision in not going far enough. Television licence fee evaders are to face significantly heavier fines but will get a last chance to avoid a court appearance.

The Bill sets a date of September 2012 for the switch-off of analogue transmission and the nationwide rollout of the digital terrestrial television platform.

The BCI welcomed the publication of the Bill and stated that it would issue a formal response with regard to its content after its next meeting which is scheduled to take place in June.

The Bill consolidates almost 50 years of legislation relating to Irish broadcasting. The Bill is to be welcomed in that it seeks to deal with the huge diversification that has occurred in the broadcasting industry and the impact of technology advances on the industry.

May 2008.

For further information please contact Jennifer McGuire.