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Media-merger assessments to switch to CnaM

The Government has approved a draft bill that will implement an EU regulation aimed at protecting media pluralism and independence.

The General Scheme of the Media Regulation Bill, which will give effect to the main elements of the European Media Freedom Act (EMFA) in Irish law, has now been published.

The department says that the bill will also modernise Ireland’s existing media-mergers framework and introduce new rules on State expenditure on advertising.

Online platforms

On media mergers, the draft bill changes the existing framework under the Competition Act to align with EMFA and includes provisions to bring deals involving online platforms into scope.

Responsibility for the assessment of media mergers will transfer from the minister to Coimisiún na Meán (CnaM).

“It is vital that the media mergers regime operates effectively, and is modernised, as the media landscape, both in Ireland and internationally, continues to evolve," said Minister Patrick O’Donovan.

“In assuming responsibility for the assessment of media mergers, Coimisiún na Meán will be able to leverage its experience and expertise in relation to media plurality," he added.

Annual reports on advertising

Under the bill, public bodies will have to report annually on their advertising spending, and CnaM will monitor and produce an annual report based on this information.

The draft bill also includes obligations for CnaM to develop a national media-ownership database.

Most of EMFA’s provisions come into effect on 8 August.

New European body

The Department of Culture, Communications and Sport says that, while most of the EU act's provisions are in line with the existing regulatory framework in Ireland, legislation is needed to fully implement some elements in Irish law.

Some of the key elements of EMFA include:

• Protection of journalistic sources,
• Safeguards for the independence of public service media,
• Transparency of media ownership,
• Safeguards against the removal of recognised media content by ‘very large online platforms’ – those with over 45 million monthly users,
• Procedures for the assessment of media mergers, and
• Transparency requirements in relation to audience-measurement systems and State advertising.

EMFA also provides for the establishment of a new European Board for Media Services comprising national media regulators such as CnaM.