Public authorities must broaden ad spend under act

A note from MHC LLP explains that article 25 of the European Media Freedom Act introduces new transparency requirements concerning spending by public bodies on State advertising.

The EU regulation seeks to set common rules governing the EU market for media services and safeguard the independence and pluralism of media services across the EU.

Rights and duties

It also sets out rules governing the rights and duties of media service providers, the independence of public broadcasters, the protection of journalistic sources, media mergers and public spending on State advertising.

The Media Regulation Bill 2026 seeks to implement these requirements into national law.

MHC lawyers explain that public authorities and entities will be required to prepare and publish a plan setting out how they will comply with their transparency obligations.

The content and operation of the plan must be reviewed every 24 months.

Public authorities and entities will be required to prepare an annual report on their State advertising expenditure.

Monitoring

Coimisiún na Meán (CnaM) will be responsible for monitoring and reporting on State advertising in Ireland.

The European Media Freedom Act (EMFA) introduces new rules designed to improve transparency surrounding public spending on State advertising via:

• Media service providers – TV, print, radio, streaming services, and
• Providers of online platforms.

The Oireachtas bill seeks to implement those rules into national law.

The transparency obligations apply to:

• Departments of State,
• Local authorities,
• Public authorities or entities established under statute, charter or ministerial scheme,
• Companies in which a local authority or Government minister holds a majority of shares or subsidiaries of these companies, and
• Public authorities or entities directly or indirectly controlled by a Government minister or local authority.

Each entity must prepare a “compliance plan” detailing how it will comply with the requirements of Article 25 EMFA.

This must include a list of the “transparent, objective, proportionate and non-discriminatory criteria” to be applied when awarding a State advertising contract, or a supply or services contract.

Proportionate

It must also have a description of the “open, proportionate and non-discriminatory procedures” to be applied.

The compliance plan must be uploaded to the public authority or entity’s website within six months of the provision’s entry into force.

The content and operation of the plan must then be reviewed and, no later than 24 months after the publication date, each public authority or entity must publish:

• A revised compliance plan, or
• A notice confirming that a revised plan is not necessary 

This process must be repeated every 24 months.

Public authorities or entities must also publish an annual report on their State advertising expenditure disclosing the legal names of the media service providers or online platform providers from which services were purchased.

The total annual amount spent, and annual amount spent per media service provider or online platform provider must also be shown.

The annual report must be prepared by 31 March each year.

Wide range

Public authorities must attempt to distribute their State advertising expenditure across a wide range of media service providers.

Using an advertising agency will remain permissible.

Coimisiún na Meán will also publish an annual report on State advertising in Ireland.

The bill is currently making its way through the Oireachtas with a further eight stages of the legislative process remaining.