IRELAND

Expert assessment

This statement is generally accurate, although it mistakenly refers to the Broadcasting Commission of Ireland, which was replaced by the Broadcasting Authority of Ireland (BAI) in 2009.82 The reference above also does not mention the role of the Oireachtas (Parliament) in appointing some members of the BAI. There are nine members of the BAI, holding five-year terms, for a maximum of two consecutive terms. Of these, five are appointed by the government directly, and four are appointed by the government following recommendations from a joint Oireachtas (Parliament) committee on communications made up of both TDs (members of the lower house) and senators and operating on a cross-party basis.83 The law also stipulates that the BAI be composed of no less than four men and four women.84 In some ways, however, this statement gives more credit to the Irish system than it deserves, as the Irish legislation does not require members of the BAI to be "experts" in the field of media services.85

The BAI is a national independent regulatory agency created by the Broadcasting Act 2009. It is the single most powerful media regulatory body in Ireland, although its role is limited to the broadcast media and it has no functions with regard to either print or online media (except insofar as provided by the Irish regulations related to the EU Audiovisual Media Services Directive86). The BAI inherited the functions previously carried out by the Broadcasting Commission of Ireland and the Broadcasting Complaints Commission and therefore has a wide range of powers, including:

• licensing of independent commercial and community broadcasters;
• drawing up of broadcasting codes and rules;
• ensuring compliance of broadcasters with their license conditions, the Act and the broadcasting codes and rules;
• development of digital terrestrial television;
• provision of funding for the production of programmes on topics such as Irish culture, adult literacy and the Irish    language; and
• enforcement of the linear (traditional television) aspects of the Audio Visual Media Services Directive.

Qualification for membership is detailed in Section 9 of the Broadcasting Act 2009, which requires that a member should have experience in at least one of the following areas:
(a) media affairs,
(b) public service broadcasting, commercial broadcasting or community broadcasting,
(c) broadcast content production,
(d) digital media technologies,
(e) trade union affairs,
(f) business or commercial affairs,
(g) matters pertaining to the development of the Irish language,
(h) matters pertaining to disability,
(i) arts, music, sport or culture,
(j) science, technology or environmental matters,
(k) legal or regulatory affairs, and
(l) social, educational or community affairs or Gaeltacht affairs.

It should be noted that this does not require that an appointee be a media policy expert, or indeed have any experience in the media whatsoever.

On a legal basis, the BAI's independence is guaranteed by Section 24 of the Broadcasting Act 2009. The fact that members cannot be removed by the government without parliamentary approval also helps to further ensure the BAI's independence. A member may only be removed in cases of ill-health, stated misbehaviour or where "necessary for the effective performance" of the BAI.87 However, there is an important safeguard which requires that resolutions be passed by both Houses of the Oireachtas (Parliament) calling for a member's removal.

As noted, four of the nine members are appointed by the government following recommendations from a joint Oireachtas (Parliament) committee, made up of both TDs (members of the lower house) and senators and operating on a cross-party basis. While the government is under no obligation on the government to follow the recommendations of the Committee, this has been done in appointments to date and failure to do so could be expected to generate substantial political controversy. It should be noted that there has not been any significant controversy to date regarding appointments to the BAI.88

81 "Reply to the criticisms expressed by the international media against the Media Act," Ministry Of Public Administration And Justice, January 3, 2011, available at: http://www.kormany.hu/en/ministry-of-public-administration-and-justice/news/reply-to-the-criticism-of-the-international-media.
82 See Broadcasting Authority of Ireland (BAI) at: http://www.bai.ie/.
83 See BAI appointment procedures in Section 8 of the Broadcasting Act 2009, available at: http://www.irishstatutebook.ie/2009/en/act/pub/0018/sec0008.html.
84 Broadcasting Act 2009, Section 8(4), available at: http://www.irishstatutebook.ie/2009/en/act/pub/0018/sec0008.html.
85 Qualification for membership is detailed in Section 9 of the Broadcasting Act 2009, available at: http://www.irishstatutebook.ie/2009/en/act/pub/0018/sec0009.html.
86 See SI 258 of 2010, The European Communities (Audiovisual Media Services) Regulations 2010, available at: http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:32010L0013:EN:NOT.
87 Broadcasting Act 2009, Section 10(4), available at: http://www.irishstatutebook.ie/2009/en/act/pub/0018/sec0010.html.
88 It should be mentioned that there has been controversy regarding one appointment – not to the BAI itself but to the independent Compliance Committee, which assesses complaints against broadcasters. See Patricia McDonagh, "Ryan defends promoter's appointment," Irish Independent, 1 December 2009, available at http://www.independent.ie/national-news/ryan-defends-promoters-appointment-1959390.html.