S.I. No. 22/2025 - European Union (Media Freedom Act) Regulations 2025
Notice of the making of this Statutory Instrument was published in | ||
“Iris Oifigiúil” of 11th February, 2025. | ||
I, PATRICK O’DONOVAN, Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media, in the exercise of powers conferred on me by section 3 of the European Communities Act 1972 (No. 27 of 1972) and for the purpose of giving full effect to Regulation (EU) 2024/1083 of the European Parliament and of the Council of 11 April 20241 , hereby make the following regulations: | ||
1. (1) These Regulations may be cited as the European Union (Media Freedom Act) Regulations 2025. | ||
(2) These Regulations come into operation on 8 February 2025. | ||
2. In these Regulations – | ||
“EMFA” means Regulation (EU) 2024/1083 of the European Parliament and of the Council of 11 April 20242 establishing a common framework for media services in the internal market and amending Directive 2010/13/EU (European Media Freedom Act); | ||
“National Regulatory Authority” means Coimisiún na Meán being the body designated by the State pursuant to Article 30 of Directive 2010/13/EU of the European Parliament and of the Council of 10 March 20103 on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services (Audiovisual Media Services Directive) as amended by Directive (EU) 2018/1808 of the European Parliament and of the Council of 14 November 20184 . | ||
3. (1) Where the National Regulatory Authority is satisfied that it requires information or data in order to carry out its tasks under EMFA it may make a request in writing for such information or data to – | ||
(a) any person to whom Chapter III of EMFA applies, or | ||
(b) any other person that, for purposes related to his, her or its trade, business or profession, might reasonably be in possession of such information or data. | ||
(2) The National Regulatory Authority shall set out in a request under paragraph (1) – | ||
(a) the reasons why the information or data concerned is – | ||
(i) necessary, and | ||
(ii) proportionate, | ||
and | ||
(b) the period of time within which the information or data is to be provided. | ||
(3) A person who receives a request under this Regulation shall provide the information or data requested to the National Regulatory Authority within the period specified in the request. | ||
(4) A person who, without reasonable excuse, fails to provide the information or data as requested under this Regulation shall be guilty of an offence and shall be liable, on summary conviction, to a class A fine. | ||
(5) Summary proceedings for an offence under this Regulation may be brought by the National Regulatory Authority. | ||
4. The Broadcasting Act 2009 (No. 18 of 2009) is amended – | ||
(a) in section 2(1), by the insertion of the following definition: | ||
“ ‘EMFA’ means Regulation (EU) 2024/1083 of the European Parliament and of the Council of 11 April 20245 establishing a common framework for media services in the internal market and amending Directive 2010/13/EU (European Media Freedom Act);”, | ||
(b) in section 32 – | ||
(i) in subsections (1) and (2), by the insertion of “including its functions under the Directive and any task assigned to it by or under Chapter III of EMFA,” after “its functions”, and | ||
(ii) in subsection (3), by the substitution of “European Board for Media Services established under Article 8 of EMFA” for “European Regulators Group for Audiovisual Media Services established by Article 30b(1) of the Directive”, | ||
(c) in section 159B(4)(b), by the substitution of “European Board for Media Services established under Article 8 of EMFA” for “European Regulators Group for Audiovisual Media Services established by Article 30b of the Directive”, and | ||
(d) in section 159C(5)(e), by the substitution of “European Board for Media Services established under Article 8 of EMFA” for “European Regulators Group for Audiovisual Media Services established by Article 30b of the Directive”. | ||
| ||
GIVEN under my Official Seal, | ||
6 February, 2025. | ||
PATRICK O’DONOVAN, | ||
Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media. | ||
3 OJ No. L 95, 15.4.2010, p. 1 |
