Register of Providers The Commission shall establish a register of media service providers that are under the jurisdiction of the State and publish the register on its website. It is the duty of a media service provider to notify the Commission that it should be included on the register, the minimum timeframes for notification, and the details which must be provided within a notification. A media […]
Replacement of BAI The 2023 Act provides for the dissolution of the Broadcasting Authority of Ireland and its statutory committees on the establishment day of the Commission. The Act provides for the transfer of the functions of the Broadcasting Authority of Ireland and its statutory committees to the Commission on establishment day. It provides for the transfer of staff of the Broadcasting Authority of Ireland […]
Online safety The Act provides for a definition of harmful online content, the designation of online services for regulation, the making and application of online safety codes by the Commission, the issuance of guidance materials by the Commission, and the establishment of a scheme by the Commission through which nominated bodies may notify the Commission of concerns relating to the availability of harmful online content […]
Investigations and Sanctions “Contravention”, which includes a failure to comply with a media service code, a media service rule, or an online safety code, “investigation”, and “authorised officer”. The Commission may appoint an authorised officer, shall provide a certificate of such an appointment and may cause such an appointment to be revoked in certain circumstances. A person authorised by the Commission may direct an authorised […]
Commission Requirements The Commission may require the publication of information on quality of service. The Commission may require providers of internet access services and of publicly available interpersonal communications services to publish within a specified period comprehensive, comparable, reliable, user-friendly and up-to-date information for end-users on the quality of their technical services, the quality of their non-technical services, and measures taken to ensure equivalence in […]
Commitments & Settlements A commitments procedure – allows the Commission to accept commitments from a person under investigation for a regulatory breach. The commitments concerned may require the person to take or refrain from taking particular actions. The commitments can be renegotiated by the parties. Should the commitments not be complied with, the original investigation can be continued. There is a settlement procedure which allows the […]
Communications Regulation Act This Act transposes specific aspects of Directive (EU) 2018/1972 (‘the Directive’), particularly the enforcement, security, alternative dispute resolution, and a limited number of end-user rights provisions. It will also designate the Commission for Communications Regulation (‘ComReg’) as the competent authority for the purpose of enforcing the Directive in the State. The European Union (Electronic Communication Code) Regulations 2022 (S.I. 444 of 2022) […]
Competent authorities and Digital Services Coordinators Member States shall designate one or more competent authorities to be responsible for the supervision of providers of intermediary services and enforcement of this Regulation (‘competent authorities’). Member States shall designate one of the competent authorities as their Digital Services Coordinator. The Digital Services Coordinator shall be responsible for all matters relating to supervision and enforcement of this Regulation […]
Very large online platforms and search engines This Section shall apply to online platforms and online search engines which have a number of average monthly active recipients of the service in the Union equal to or higher than 45 million, and which are designated as very large online platforms or very large online search engines pursuant to paragraph 4. The Commission shall adopt delegated acts […]
Exclusion for micro and small enterprises This Section shall not apply to providers of online platforms allowing consumers to conclude distance contracts with traders that qualify as micro or small enterprises as defined in Recommendation 2003/361/EC. This Section shall not apply to providers of online platforms allowing consumers to conclude distance contracts with traders that previously qualified for the status of a micro or small […]
Trusted flaggers Providers of online platforms shall take the necessary technical and organisational measures to ensure that notices submitted by trusted flaggers, acting within their designated area of expertise, through the mechanisms referred to, are given priority and are processed and decided upon without undue delay. The status of ‘trusted flagger’ under this Regulation shall be awarded, upon application by any entity, by the Digital […]
Provisions applicable to all providers of intermediary services Points of contact for Member States’ authorities, the Commission and the Board Providers of intermediary services shall designate a single point of contact to enable them to communicate directly, by electronic means, with Member States’ authorities, the Commission and the Board referred to in Article 61 for the application of this Regulation. Providers of intermediary services shall […]
‘Mere conduit’ Where an information society service is provided that consists of the transmission in a communication network of information provided by a recipient of the service, or the provision of access to a communication network, the service provider shall not be liable for the information transmitted or accessed, on condition that the provider: does not initiate the transmission; does not select the receiver of […]
Early Mobile Telephony The Department of Post and Telegraph made its first tentative plans for mobile telephony in the early 1980s. A number of alternative systems were available. The Department opted for the TACS system which was being developed in the United Kingdom. Eircell was launched in 1985. There were initially 1000 users with handsets costing up to £2000 rental charges £105 per quarter and […]
EU Deregulation The EU Treaty provides that businesses entrusted with the operation of services of general economic interest are subject to competition rules insofar as this does not obstruct the performance of their functions. EU directives in the early 1990s regulated the circumstances in which states might mean maintain exclusive rights for undertakings to which states had granted exclusive rights are monopolies in respect of […]
Wireless Telegraphy Offences A person may not send or attempt to send by wireless telegraphy from the state or any ship in the territorial waters of the State or ship registered within the State indecent, obscene, or offensive communications, communications subversive to public order, false and misleading signals of distress, false and misleading messages to a ship or vessel or an aircraft in distress. No […]
RTE The Broadcasting Act, 1960 established the Broadcasting Authority as an independent body in control of RTE, the sole broadcaster. The functions of the authority were: To establish and maintain national television and sound broadcasting services; To establish and maintain services of a local community or regional character; To provide broadcasting services of interest to only certain members of the community and which may be […]
RTE The Broadcasting Act, 1960 established the Broadcasting Authority as an independent body in control of RTE, the sole broadcaster. The functions of the authority were: To establish and maintain national television and sound broadcasting services; To establish and maintain services of a local community or regional character; To provide broadcasting services of interest to only certain members of the community and which may be […]
Radio Background Marconi’s Wireless Telegraph Company, had carried out some of its wireless telegraphy experiments in Cork. It had applied for permission to set up a station to the Irish provisional government in May 1922. This application and another application by the Daily Express were refused. The BBC was established in 1922. It was initially comprised of a consortium of commercial organisations operating independent experimental […]
Wireless Telegraphy The Wireless Telegraphy Acts date back to the turn of the 20th century. The Wireless Telegraphy Act 1926 has been amended on numerous occasions. The Wireless and Telegraphy Acts provide a general system of licensing of wireless telegraphy broadcasting and receiving equipment. Wireless Telegraphy means the emission receiving or emitting or receiving only over paths which are not provided by any material substance, […]
Postal Liberalisation A 1997 Directive on the application of competition rules to the postal service required the opening of the market to competition. Limited services can be reserved for the universal service provider. The first directive provides for common rules in relation to universal postal service reserved services to the universal service provider, tariff principles and transparency for accounts quality standards, harmonisation of technical standards […]
Telecommunication Liberalisation The EU framework for liberalisation and telecommunications commenced in 1990. The role of the communications regulator is to promote and protect competition in the market. The EU policies envisaged that competition would be the primary driver as state monopolies are rolled back. The universal service concept is intended to service remote areas, notwithstanding that it may not be financially attractive, in order to […]
Communications Regulation Background Communications in Ireland have been radically affected by European Union liberalisation rules. Typically communications had been run by State monopolies in the EU. The EU liberalised the markets for electronic communications in 1998. The EU legislation provided for universal service for base telephony and narrowband services. EU deregulation aimed at increasing the role of competition in the telecommunications sector. Formerly post and […]
COMREG Regulation COMREG regulates the postal sector. An Post was established as a public company in 1984. Its sole shareholder is the State. A Post may return or refuse postal packets which do not comply with the terms of its scheme or contain objectionable matter. Providers of postal services must obtain an authorisation. EU regulations allow for the provision of a compensation fund where the […]
Investigatory Powers COMREG has significant investigation powers. It has wide information-gathering powers. It can carry out investigations in relation to matters relating to supply and access to electronic telecommunications and networks. It can compile and disseminate information. It can collect, compile, extract and publish information from undertakings relating to the provision of electronic services. COMREG may gather such information as may be required to provide […]
EU cross-border parcel delivery services Regulation (EU) 2018/644 — cross-border parcel delivery services It aims to: improve price transparency and regulatory oversight; and ensure that citizens and small businesses have access to reasonably priced cross-border parcel delivery services. Scope The regulation sets out rules for cross-border parcel delivery concerning 3 main aspects: regulatory oversight of parcel delivery services; transparency of certain single-piece tariffs through publication […]
Transmitting Equipment / Mobile Phones There is a 2014 directive on putting radio equipment on the market. The rules seek to keep pace with the growing number of radio equipment devices and ensure that they do not interfere with each other in respect of essential health and safety requirements. There are additional provisions for market surveillance, to track and monitor products which fail to comply […]
Regulatory framework for electronic communications To accompany the opening up of the telecommunications market to competition, the European Union (EU) has adopted a regulatory framework with regard to electronic communications in line with technological progress and market requirements. Framework Directive This ‘framework directive’ seeks primarily to: — strengthen competition in the electronic communications sector; — stimulate investment; — foster freedom of choice for consumers and enable them […]
Frequency bands for electronic communication Directive 87/372/EEC sets out in general terms the frequency bands to be reserved for a public European cellular digital mobile communications service by 1 January 1991 and calls upon EU countries to make the necessary preparations as quickly as possible. EU legislation, through this series of decisions relating to frequency bands used for electronic communications services and networks, as well […]
State aid rules broadband networks These guidelines summarise the principles of the Commission’s policy in applying the State aid rules of the Treaty on the Functioning of the European Union to measures that support the deployment of broadband networks. The purpose of State aid control in the broadband sector is to ensure that public interventions will result in a higher level or a faster rate […]
Corporate Governance The Broadcasting Act 2009 provides for the continued corporate existence of RTÉ, TG4. They are each to be independent in pursuit of their objects subject to the requirements of the legislation. They must prepare strategic development plans dealing with their public service and commercial objectives. There is the Board of each of RTÉ, andTG4 appointed by the government. Six members are appointed by […]
On the recommendation of the Contract Awards Committee, the BAI may award broadcasting contracts. The BAI may not award a broadcasting contract to entity without a wireless telegraphy licence issued by the Commission for Communication Regulations. The Commission for Communication Regulations may vary the terms and conditions of be wireless telegraphy licence for the purpose of a broadcasting contract. The legislation provides for notification procedures […]
Compliance Committee The Compliance Committee is responsible for the monitoring and enforcement of compliance, the investigation of complaints and a number of reporting functions. The Committee has eight members; four of whom are appointed by the Government on the nomination of the Minister, while the remaining four are appointed by the Authority, comprising of two members of the Authority and two members of the BAI […]
Code of Programme Standards The Code of Programme Standards seeks to promote responsible broadcasting in which access to information, entertainment and education and a range of views are enhanced and undue offence and harm reduced. It seeks to acknowledge the diversity of tastes and interests that exist in contemporary Irish society and encourage and facilitate broadcasting that caters for diversity. It advises viewers and listeners […]
Governance There were to be nine members of the Authority. Five are appointed by the government. At least four are to be men and four are to be women. Persons to be appointed must have experience in a number of named areas relevant to broadcasting, trade union affairs, business or commercial affairs, disability, Irish languages, arts, music, sport and culture, science, legal and regulatory affairs, […]
Events of Public Interest The 2009 Act restates and updates the legislation in relation to major events television coverage. There is a provision for a triennial review of the legislation. An event is an event of interest to the general public in the State or EU or a significant part of them, organised by an event organiser, entitled to sell broadcasting rights to the event. […]
Requirement for Licence Part IX of the Broadcasting Act 2009 made revised provision for television licences. The Minister may specify by order, individual rooms within premises which are to be regarded as separate premises for the purpose of television licensing. A television set is an electronic apparatus capable of receiving and exhibiting television broadcasting services, broadcast for general reception. This applies whether or not its […]