Online Safety and Media Regulation Act 2022

(9) If the broadcaster does not repay an amount demanded under subsection (8), the Commission may recover the amount due and owing from the broadcaster as a simple contract debt in any court of competent jurisdiction.”.

52. Amendment of section 157 of Principal Act

52. Section 157 of the Principal Act is amended—

(a) in subsection (1), by the substitution of “continue to maintain” for “establish and maintain on the establishment day”, and

(b) in subsection (3), by the insertion of “or section 155A” after “under section 154”.

53. Amendment of section 159 of Principal Act

53. Section 159 of the Principal Act is amended in subsection (3) by the insertion of “or section 155A” after “under section 154”.

PART 14 European works

54. European works

54. The Principal Act is amended by the insertion of the following Part after Part 10:

“PART 10A

European works

Interpretation of European works

159A. (1) For the purposes of this Act, subject to subsections (2) and (3), the following are European works:

(a) works originating in Member States;

(b) works originating in third countries that are European states party to the European Convention on Transfrontier Television of the Council of Europe done at Strasbourg on 5 May 1989;

(c) works that do not fall within paragraph (a) or (b), that are co‑produced within the framework of agreements related to the audiovisual sector concluded between the European Union and third countries, and that fulfil the conditions defined in those agreements;

(d) works that do not fall within paragraph (a), (b) or (c), and that are co-produced within the framework of bilateral co-production agreements concluded between Member States and third countries, provided that—

(i) the co-producers from the Member States supply a majority share of the total cost of production, and

(ii) the production is not controlled by one or more co-producers established in a third country.

(2) Subsection (1)(b) and (c) do not apply in the case of a third country if works originating in Member States are the subject of discriminatory measures in that country.

(3) A work falls within paragraph (a) or (b) of subsection (1) only if it is mainly made with authors and workers residing in one or more of the states referred to in those paragraphs and meets one of the conditions in subsections (4) to (6).

(4) The first condition is that the work is made by one or more producers established in one or more of those states.

(5) The second condition is that the production of the work is supervised and controlled by one or more producers established in one or more of those states.

(6) The third condition is that there are co-producers, including one or more established outside those states, but—

(a) the contribution of co-producers established in those states to the total co-production costs is preponderant, and

(b) the co-production is not controlled by one or more co-producers established outside those states.

(7) In this section, ‘third country’ means a state other than a Member State.

Share of European works

159B. (1) A media service provider under the jurisdiction of the State shall not provide an audiovisual on-demand media service with a catalogue in which the share of European works is less than 30 per cent.

(2) Subsection (1) does not apply to—

(a) a media service provider with a low turnover or low audience, or

(b) a service exempted by rules under section 159I.

(3) The Commission shall make rules for determining—

(a) for the purposes of subsection (1), whether an audiovisual on‑demand media service has a catalogue in which the share of European works is less than 30 per cent, and

(b) for the purposes of subsection (2)(a), whether a media service provider has a low turnover or low audience.

(4) In making rules under subsection (3), the Commission shall have regard to—

(a) any guidelines issued by the European Commission in accordance with Article 13(7) of the Directive, and

(b) any relevant reports produced by the European Regulators Group for Audiovisual Media Services established by Article 30b of the Directive.

(5) In making rules under subsection (3)(b), the Commission shall have regard to any relevant characteristics of the market in which a media service provider under the jurisdiction of the State provides an audiovisual on-demand media service, including—

(a) the turnover of the provider from the service in the market, as a proportion of the total turnover of providers of audiovisual on‑demand media services from those services in the market, and

(b) the number of audience members of the service in the market, as a proportion of the total number of audience members for audiovisual on-demand media services in the market.

(6) The Commission may make rules prescribing records a provider must keep and any other action a provider must take to enable compliance with the requirement in subsection (1) to be assessed.

(7) A failure to comply with subsection (1) or any rules made under subsection (6) is a contravention for the purposes of Part 8B.

Prominence of European works

159C. (1) A media service provider under the jurisdiction of the State which provides an audiovisual on-demand media service shall take any steps required by rules under this section to ensure prominence of European works in any catalogue of that service.

(2) Subsection (1) does not apply to—

(a) a media service provider with a low turnover or low audience, or

(b) a service exempted by rules under section 159I.

(3) The Commission shall make rules setting out the steps that media service providers must take for the purposes of subsection (1).

(4) Without prejudice to the generality of subsection (3), the steps required by the rules referred to in subsection (3) may relate to:

(a) the visibility and presentation of European works within a catalogue;

(b) the inclusion of information in a catalogue in relation to whether or not a work is a European work, and the placement of that information;

(c) the accessibility of European works within a catalogue, including the configuration of search tools;

(d) references to European works in advertising for the service;

(e) the promotion of minimum percentages of European works within a catalogue to the audience of the service, and the means to be used for such promotion.

(5) In making rules under subsection (3), the Commission shall have regard to—

(a) the objective of cultural diversity,

(b) the desirability of providing European works to the widest possible audience,

(c) technological developments,

(d) developments in audiovisual on-demand media service markets, and

(e) any relevant reports produced by the European Regulators Group for Audiovisual Media Services established by Article 30b of the Directive.

(6) The Commission may make rules prescribing records a provider must keep and any other action a provider must take to enable compliance with the requirement in subsection (1) to be assessed.

(7) Rules made under section 159B(3)(b) shall apply for the purposes of subsection (2)(a).

(8) A failure to comply with subsection (1) or any rules made under subsection (3) or (6), is a contravention for the purposes of Part 8B.

Reporting

159D. (1) The Commission shall report to the Minister annually on the operation of sections 159B and 159C.

(2) The Minister may specify the form and contents of a report referred to in subsection (1).

European works levy

159E. (1) The Commission may, for the purposes of funding a scheme made under section 159F, make an order imposing a levy on the media service providers referred to in subsection (2), or on any class of those providers.

(2) The providers mentioned in subsection (1) are media service providers and—

(a) are under the jurisdiction of the State, or

(b) target audiences in the State and are established in another Member State in accordance with section 2A(2).

(3) A levy order may provide for the collection, payment and administration of a levy, including:

(a) the method of calculation of the levy;

(b) the period in respect of which the levy is imposed;

(c) the times at which payment is to be made and the form of payment;

(d) the records which a provider must keep and make available to the Commission;

(e) exemptions from the levy, deferrals of payment of the levy or refunds of the levy;

(f) the consideration of applications by providers for review of decisions under the order.

(4) In the case of a media service provider that is under the jurisdiction of the State and targets audiences in another Member State, the method of calculation of a levy shall take into account any financial contribution imposed on the provider by that Member State.

(5) In the case of a media service provider which targets audiences in the State and is established in another Member State in accordance with section 2A(2)—

(a) the method of calculation of a levy shall be based on the revenue earned by the provider in the State from any audiovisual media service which it provides there, and

(b) the levy shall be proportionate and non-discriminatory.

(6) A levy shall not apply to a media service provider—

(a) with a low audience or a low turnover, in accordance with any rules made under section 159B(3)(b), or

(b) in respect of a service exempted under any rules made under section 159I.

(7) Where a levy imposed on a media service provider remains unpaid, in whole or in part, the levy or part of the levy may be recovered by the Commission as a simple contract debt in any court of competent jurisdiction.

(8) In this section and section 159F—

‘levy’ means a levy imposed by a levy order;

‘levy order’ means an order made under subsection (1).

European works scheme

159F. (1) The Commission, following consultation with Fís Éireann, may prepare a scheme for funds to be granted, out of the proceeds of any levy, to provide support for the production of European works included, or to be included, in the programme schedule of an audiovisual broadcasting service, or in a catalogue of an audiovisual on-demand media service.

(2) The kinds of support for which funds may be granted under a scheme shall be support of such of the following, or such classes or descriptions of any of the following, as the scheme may specify:

(a) new audiovisual programmes relating to—

(i) Irish culture, language, history, heritage, society and sport,

(ii) the experiences of the people of the island of Ireland, including the experiences of people of Irish ancestry living abroad,

(iii) environmental sustainability, biodiversity, and climate change,

(iv) human rights, equality, diversity and inclusion,

(v) news, current affairs and international affairs,

(vi) science, or

(vii) education;

(b) new audiovisual programmes to—

(i) improve adult literacy, or

(ii) improve media literacy;

(c) incidental, supplementary or consequential measures that appear to the Commission to be necessary to support programmes referred to in paragraph (a) or (b);

(d) any activity in the development of programmes referred to in paragraph (a) or (b) or of measures referred to in paragraph (c).

(3) A scheme may in particular:

(a) specify the kind of support for which funds may be granted by reference to the nature or subject matter of programmes within paragraph (a) or (b) of subsection (2);

(b) limit support for which funds may be granted in a particular period to support of specified kinds;

(c) impose requirements as to the time within which programmes in relation to which funds have been granted are to be made available in the schedule of an audiovisual broadcasting service or in a catalogue of an audiovisual on-demand media service;

(d) impose requirements as to such services or as to how such programmes are to be made available on them, which may include requirements to ensure that such services are, or include, services—

(i) that are so far as practicable available in the whole of the State, and

(ii) on which the programmes concerned are made available without charge to the viewer.

(4) A scheme shall allocate—

(a) not less than 25 per cent of its annual funds to programmes in the Irish language that fall within paragraph (a) or (b) of subsection (2), and

(b) not less than 80 per cent of its annual funds to programmes that fall within paragraph (a) or (b) of subsection (2), the producers of which are independent producers for the purposes of the scheme.

(5) A scheme shall include provision for determining whether the producer of a programme is an independent producer, and for the purpose of making such provision the Commission may have regard to the following matters:

(a) the ownership structure of the person that produces the programme;

(b) the amount of programmes supplied by the person who produces the programme to the same media service provider;

(c) the ownership of the rights to broadcast the programme or make it available in a catalogue of an audiovisual on-demand media service, or otherwise use the programme for a commercial purpose;

(d) such other matters as it considers appropriate.

(6) If the Minister directs it to do so, the Commission shall prepare a scheme specifying in accordance with subsection (2) any kind of support the Minister directs.

(7) A scheme may provide for:

(a) applications for a grant of funding;

(b) the terms and conditions upon which funds are granted;

(c) the records a provider which receives funding must keep and make available to the Commission.

(8) In preparing a scheme, the Commission shall have regard to the need to—

(a) ensure understanding and enjoyment of new audiovisual programmes by people with disabilities,

(b) support the development of new audiovisual programmes of interest to children, and to young people under the age of 25 years, and

(c) encourage the development of community broadcasters, including development as regards audiovisual on-demand media services provided by such broadcasters.

(9) In this section, and sections 159G and 159H, ‘scheme’ means a scheme prepared under subsection (1).

Procedure for making schemes under section 159F

159G. (1) The Commission shall submit a scheme to the Minister for approval.

(2) The Minister shall consider a scheme submitted to him or her, and may—

(a) approve the scheme,

(b) refuse to approve the scheme,

(c) direct the Commission to reconsider the scheme, or

(d) direct the Commission to resubmit the scheme with such amendments as the Commission thinks fit.

(3) Where a scheme is approved by the Minister under subsection (2)(a), the Commission shall, as soon as is practicable after the approval, make the scheme.

(4) The Commission shall administer a scheme approved by the Minister under subsection (2)(a) in accordance with its terms.

(5) The Commission may prepare amendments to a scheme approved by the Minister under subsection (2)(a), and subsections (1) to (4) and section 159J apply to amendments to such a scheme as they apply to a scheme.

(6) The Minister may, in respect of a scheme approved under subsection (2)(a), direct the Commission to—

(a) review the scheme, and prepare and submit to the Minister any amendments to the scheme the Commission thinks fit, or

(b) revoke the scheme.

(7) The Commission shall comply with a direction under paragraph (c) or (d) of subsection (2), or subsection (6).

Designation of Fís Éireann for the purpose of making a European works scheme

159H. (1) The Minister may, where he or she considers it appropriate to do so, by order provide that Fís Éireann may prepare a scheme under section 159F(1), subject to any restriction in the order as to the kinds of support for which funds may be granted under such a scheme.

(2) Where an order is made under subsection (1), sections 159F and 159G shall apply to the preparation and making of a scheme by Fís Éireann subject to any restriction referred to in subsection (1) and the modification—

(a) that references in those sections to the Commission shall be construed as references to Fís Éireann, and

(b) in section 159F(1), that ‘following consultation with the Commission’ shall be substituted for ‘following consultation with Fís Éireann’.

(3) Where the Minister makes an order under subsection (1), he or she may direct the Commission to pay such monies collected out of the levy referred to in section 159E to Fís Éireann for the purposes of funding a scheme prepared by Fís Éireann as he or she considers appropriate, and the Commission shall comply with such a direction.

Exemptions for particular services

159I. (1) The Commission may make rules providing that the obligations in section 159B(1) or 159C(1) shall not apply to an audiovisual on‑demand media service, or that a levy under section 159E shall not apply to a media service provider in respect of an audiovisual media service, where it would be impracticable or unjustified by reason of the nature of the service, or the general theme of audiovisual programmes provided by the service, to impose those obligations.

(2) In making rules under subsection (1), the Commission shall have regard to whether an audiovisual media service provides audiovisual programmes—

(a) dealing with a narrow subject matter which may not be of general interest to an audience, or

(b) which may impair the physical, mental or moral development of children, including gratuitous violence and pornography.

Laying of rules, orders and schemes

159J. Any rule, order or scheme made under this Part shall be laid by the Commission, or in the case of a scheme made by Fís Éireann in accordance with section 159H, by Fís Éireann before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the rule, order or scheme is passed by either such House within the next 21 days on which that House sits after the rule, order or scheme is laid before it, the rule, order or scheme shall be annulled accordingly, but without prejudice to the validity of anything previously done under it.”.

PART 15 Amendment of Part 11 of Principal Act

55. Amendment of section 160 of Principal Act

55. Section 160 of the Principal Act is amended in subsection (1)—

(a) in the definition of “broadcaster”, by the substitution of “Directive” for “Council Directive”, and

(b) in the definition of “television broadcasting”, by the substitution of “Directive” for “Council Directive”.

56. Amendment of section 163 of Principal Act

56. Section 163 of the Principal Act is amended in subsection (1), in paragraph (a), by the deletion of “for the purpose of the Council Directive”.

57. Amendment of section 165 of Principal Act

57. Section 165 of the Principal Act is amended by the substitution of “Article 14(2) of the Directive” for “Article 3j.2 of the Council Directive”.

58. Amendment of section 170 of Principal Act

58. Section 170 of the Principal Act is amended in paragraph (e) by the substitution of “Article 14 of the Directive” for “Article 3j of the Council Directive”.

PART 16 Dissolution and transitional provisions

59. Dissolution of Authority and statutory committees

59. (1) The Authority and the statutory committees are dissolved on the establishment day.

(2) Notwithstanding any of the conditions of their appointment, the term of a member of the Authority or a member of either of the statutory committees terminates on the establishment day.

60. Transfer of functions

60. (1) On the establishment day all functions that immediately before the establishment day were vested in the Authority or the statutory committees are transferred to the Commission.

(2) Unless otherwise provided, references to the Authority, or to the Broadcasting Commission of Ireland, in any Act of the Oireachtas passed before the establishment day, other than this Act, or in any instrument made before that day under an Act of the Oireachtas shall, on and after that day, be construed as references to the Commission.

(3) Unless otherwise provided, references to the Contract Awards Committee or the Compliance Committee in any Act of the Oireachtas passed before the establishment day, other than this Act, or in an instrument made before that day under an Act of the Oireachtas shall, on and after that day, be construed as references to the Commission.

61. Transfer of staff

61. (1) Every person who immediately before the establishment day was a member of the staff of the Authority shall on that day become a member of the staff of the Commission.

(2) Except in accordance with a collective agreement negotiated with a recognised trade union or staff association, a person shall not, on becoming a member of the staff of the Commission under this section, be subject to less favourable terms and conditions of service, including those relating to tenure of office, or of remuneration, than those to which he or she was subject immediately before the establishment day.

(3) In relation to a person transferred to the staff of the Commission under subsection (1), previous service with the Authority shall be reckonable for the purposes of, but subject to any exceptions or exclusions in, the following Acts of the Oireachtas:

(a) the Redundancy Payments Acts 1967 to 2014;

(b) the Protection of Employees (Part-Time Work) Act 2001;

(c) the Protection of Employees (Fixed-Term Work) Act 2003;

(d) the Minimum Notice and Terms of Employment Acts 1973 to 2005;

(e) the Unfair Dismissals Acts 1977 to 2015;

(f) the Terms of Employment (Information) Acts 1994 to 2014;

(g) the Organisation of Working Time Act 1997;

(h) the Parental Leave Acts 1998 to 2019;

(i) the Carer’s Leave Act 2001;

(j) the Maternity Protection Acts 1994 and 2004;

(k) the Adoptive Leave Acts 1995 and 2005, together with the amendments of the Adoptive Leave Act 1995 in Part 2 of the Family Leave and Miscellaneous Provisions Act 2021;

(l) the Paternity Leave and Benefit Act 2016;

(m) the Parent’s Leave and Benefit Act 2019.

(4) A superannuation scheme made under section 16 of the Principal Act, before the coming into operation of section 8, and in force immediately before the establishment day, shall continue in force on and after that day and shall—

(a) be considered to be a scheme made under section 18 of the Principal Act as substituted by section 8, and

(b) be construed as if references to a member of the staff of the Commission included references to a member of the staff of the Authority.

62. Transfer of land and other property

62. (1) On the establishment day, all land that, immediately before that day, was vested in the Authority and all rights, powers and privileges relating to or connected with such land shall, without any conveyance or assignment, stand vested in the Commission for all the estate or interest for which, immediately before the establishment day, the land was vested in the Authority, but subject to all trusts and equities affecting the land continuing to subsist and being capable of being performed.

(2) Subject to subsection (4), on the establishment day all property other than land, including choses-in-action, that immediately before that day was vested in the Authority shall stand vested in the Commission without any assignment.

(3) Every chose-in-action vested in the Commission by virtue of subsection (2) may, on and from the establishment day, be sued on, recovered or enforced by the Commission in its own name, and it shall not be necessary for the Commission, or the Authority, to give notice to any person bound by the chose-in-action of the vesting effected by that subsection.

(4) Any levy income paid to the Authority under a levy order made under section 33 of the Principal Act (as that section had effect immediately before the coming into operation of section 8) surplus to the expenses incurred by the Authority in the discharge of its functions shall, if transferred to the Commission, be used by the Commission to discharge its expenses in performing its functions in relation only to broadcasting services, as defined by section 2 of the Principal Act before the coming into operation of section 3.

63. Transfer of rights and liabilities

63. (1) All rights and liabilities of the Authority arising by virtue of any contract or commitment, whether expressed or implied, subsisting immediately before the establishment day, and all obligations imposed on the Authority by virtue of an order of a court or tribunal, shall on that day be transferred to the Commission.

(2) Every right and liability transferred by subsection (1) to the Commission may, on and after the establishment day, be sued on, recovered or enforced by or against the Commission in its own name, and it shall not be necessary for the Commission, or the Authority, to give notice of such transfer to the person whose right or liability is transferred by that subsection.

(3) Every lease, licence, wayleave or permission granted by the Authority in relation to land or other property vested in the Commission by or under this Act, and in force immediately before the establishment day, shall continue in force as if granted by the Commission.

64. Liability for loss incurring before establishment day

64. (1) A claim in respect of any loss or injury alleged to have been suffered by any person arising out of the performance before the establishment day of any of the functions of the Authority shall on and after that day, lie against the Commission and not against the Authority.

(2) Any legal proceedings pending immediately before the establishment day to which the Authority is a party shall be continued with the substitution in the proceedings of the Commission for the Authority.

(3) Where, before the establishment day, agreement has been reached between the parties concerned in settlement of a claim to which subsection (1) relates, the terms of which have not been implemented, or judgment in such a claim has been given in favour of a person but has not been enforced, the terms of the agreement or judgment, as the case may be, shall, in so far as they are enforceable against the Authority, be enforceable against the Commission and not the Authority.

(4) Any claim made or proper to be made by the Authority in respect of any loss or injury arising from the act or default of any person before the establishment day shall be regarded as having been made by or proper to be made by the Commission and may be pursued and sued for by the Commission as if the loss or injury had been suffered by the Commission.

65. Provisions consequent upon transfer of functions, assets and liabilities to Commission

65. (1) Anything commenced and not completed before the establishment day by or under the authority of the Authority or the statutory committees may, in so far as it relates to a function transferred to the Commission by this Act, be carried on or completed on or after the establishment day by the Commission.

(2) Every instrument made under an enactment, and every document granted or made, in the performance of a function transferred by this Act shall, if and in so far as it was operative immediately before the establishment day, have effect on and after that day as if it had been granted or made by the Commission.

(3) References to the Authority in the memorandum or articles of association or constitution of any company and relating to a function transferred by this Act shall, on and after the establishment day, be construed as references to the Commission.

(4) Any money, stocks, shares or securities transferred by section 62 that immediately before the establishment day were standing in the name of the Authority shall, on the request of the Commission be transferred into its name.

(5) A certificate signed by the Minister that any property, right or liability has or, as the case may be, has not vested in the Authority under this Act shall be sufficient evidence, unless the contrary is shown, of the fact so certified for all purposes.

66. Final accounts and final annual report of Authority

66. (1) Final accounts of the Authority shall be drawn up by the Commission as soon as may be after the establishment day but not later than 6 months thereafter and shall be in such form as may be approved by the Minister, in respect of the financial year or part of the financial year of the Authority.

(2) Accounts prepared pursuant to this section shall be submitted as soon as may be by the Commission to the Comptroller and Auditor General for audit, and, immediately after the audit, a copy of the income and expenditure account and of the balance sheet and of such other (if any) of the accounts as the Minister may direct and a copy of the Comptroller and Auditor General’s report on the accounts shall be presented to the Minister who shall cause copies of them to be laid before each House of the Oireachtas.

(3) The Commission shall prepare the final annual report for the Authority and submit the report to the Minister not later than 6 months after the establishment day.

(4) Subject to subsection (3) and to the modifications referred to in subsection (5), section 31 of the Principal Act as substituted by section 8 shall apply in relation to an annual report prepared under this section.

(5) The modifications referred to in subsection (4) are that—

(a) the reference to Part 10A of the Principal Act in section 31(3) of the Principal Act shall be deleted, and

(b) the reference in section 31(4) of the Principal Act to media service rules shall be construed as a reference to broadcasting rules made under section 43(1)(c) of the Principal Act as it existed before the coming into operation of section 73(a).

67. Transfer of records

67. Each record held by the Authority immediately before the establishment day shall, on the establishment day, be transferred to the Commission and shall, on and after that day, be the property of the Commission and be regarded as being held by the Commission.

68. Amendment of section 46M(5) of Principal Act

68. Section 46M(5) of the Principal Act, as inserted by section 10, is amended—

(a) by the substitution of “An Coimisiún Toghcháin” for “the Referendum Commission”, and

(b) by the substitution of “section 31 of the Electoral Reform Act 2022” for “section 3 of the Act of 1998”.

69. Complaints under section 48 of Principal Act

69. (1) A complaint made under section 48 of the Principal Act which has not before the date of coming into operation of section 12—

(a) been decided upon by the Compliance Committee, or (subject to section 48(13) of the Principal Act) been withdrawn, under section 48 of the Principal Act, or

(b) been resolved by a broadcaster under section 47 of the Principal Act,

shall, on and after that date, and subject to the modifications referred to in subsection (2), be considered by the Commission as if sections 11 and 12 had not come into operation.

(2) The modifications are that—

(a) references to the Compliance Committee in section 48 of the Principal Act shall be construed as references to the Commission, and

(b) where before the date of coming into operation of section 12, an oral hearing has been held under section 48(16) of the Principal Act, but the complaint has not been decided upon, withdrawn, or resolved, the Commission may hold a further oral hearing under that section 48(16).

70. Investigation under section 50 of Principal Act

70. (1) Where before the date of coming into operation of section 14 an investigation conducted under section 50 of the Principal Act has not resulted in a finding under section 50(7) of the Principal Act the investigation shall, on and after that date and subject to the modifications referred to in subsection (2), be considered to be an investigation under section 50 of the Principal Act as amended by this Act.

(2) The modifications are that—

(a) the investigator appointed by the Compliance Committee shall be deemed to have been appointed in accordance with section 50(2) and (2A) of the Principal Act as amended by this Act, and

(b) where before the date of coming into operation of section 14 submissions have been made by a contractor under section 50(5) of the Principal Act, but a finding has not been made under section 50(7) of that Act, the contractor may be afforded a further opportunity to make submissions to the Commission under section 50(5) of the Principal Act as amended by this Act.

71. Termination or suspension of contract under section 51 of Principal Act

71. (1) Where before the date of coming into operation of section 15 the Compliance Committee has issued a notification under section 51(2) of the Principal Act but not heard submissions under that subsection, the notification shall on and after that date, and subject to the modification referred to in subsection (4)(a), be considered to be a notice under section 51(2) of the Principal Act as amended by section 15, and section 51 of the Principal Act as amended by section 15 shall apply accordingly.

(2) Where before the date of coming into operation of section 15 the Compliance Committee has received submissions under section 51(2) of the Principal Act but has not made a recommendation under section 51(1) of the Principal Act, the Commission shall on and after that date, and subject to the modifications referred to in subsection (4), make a decision in accordance with section 51 of the Principal Act as amended by section 15.

(3) Where before the date of coming into operation of section 15 the Compliance Committee has made a recommendation under section 51(1) of the Principal Act but the Authority has not suspended or terminated the contract under section 51(1) of the Principal Act, the Commission shall, on and after that date, and subject to the modification referred to in subsection (5), act in accordance with section 51(1) and (5) of the Principal Act as if section 15 had not come into operation.

(4) The modifications referred to in subsections (1) and (2) are that—

(a) the reference in section 51(1) of the Principal Act as amended by section 15 to the finding of the Commission under section 50(7) of the Principal Act, shall be construed as a reference to the finding of the Compliance Committee under section 50(7) of the Principal Act as it existed prior to the coming into operation of section 15, and

(b) the Commission may afford the holder of the contract referred to in section 51 of the Principal Act a further opportunity to make submissions in accordance with section 51(2) of the Principal Act as amended by section 15.

(5) The modification referred to in subsection (3) is that references to the Authority in section 51 of the Principal Act shall be construed as references to the Commission.

(6) Any rules made by the Authority under section 51(5) of the Principal Act which were in force immediately before the coming into operation of section 15 shall continue in force for the purposes of subsection (3), subject to any amendment made by the Commission.

72. Procedures under Chapter 2 of Part 5 of Principal Act

72. Where a procedure under Chapter 2 of Part 5 of the Principal Act has commenced, but not concluded, before the date of coming into operation of section 73(b), it shall on and after that date be continued in accordance with that Chapter as if section 73(b) had not come into operation, subject to the following modifications:

(a) other than the reference to the Compliance Committee in section 54(7) of the Principal Act, references to the Compliance Committee or the Authority shall be construed as references to the Commission;

(b) where the Compliance Committee has received submissions under section 54(2) of the Principal Act before the date of coming into operation of section 73(b), the Commission may afford the broadcaster referred to in section 54(2) of the Principal Act a further opportunity to make submissions to it in accordance with that subsection;

(c) section 54(3) of the Principal Act is amended by the substitution of “the Commission shall notify the broadcaster concerned in accordance with subsection (4).” for “the Committee may recommend to the Authority that the Authority notify the broadcaster concerned in accordance with subsection (4). The Authority shall comply with the recommendation.”;

(d) any rules made under section 54(8) of the Principal Act which were in force immediately before the coming into operation of section 73(b) shall continue in force for the purposes of any procedure referred to in this section, subject to any amendment made by the Commission;

(e) the period for the making of an appeal against a statement of findings or a financial sanction in accordance with section 55(5) of the Principal Act shall be 28 days from the date of the making of the statement of findings, or where there is a direction under section 55(3) of the Principal Act, 28 days from the date of the direction;

(f) where a broadcaster does not appeal in accordance with section 55(5) of the Principal Act against a statement of findings issued to the broadcaster by the Authority or the Commission under section 55(2) of that Act, or against a financial sanction that the Authority or the Commission has directed the broadcaster to pay under section 55(3) of that Act—

(i) the Commission shall, as soon as is practicable after the expiration of the period referred to in paragraph (e), and on notice to the broadcaster, make an application in a summary manner to the Circuit Court for confirmation of the decision to issue the statement or to direct payment of the financial penalty, and

(ii) subsections (2) to (4), (7) and (8) of section 139ZY of the Principal Act as inserted by section 47 shall apply for the purposes of the application as they apply for the purposes of an application under section 139ZY(1) (but substituting “broadcaster” for “provider” in subsection (4)).

73. Repeals

73. The following provisions of the Principal Act are repealed:

(a) Part 3;

(b) Chapter 2 of Part 5;

(c) section 74;

(d) section 75;

(e) section 76;

(f) section 77(1)(c) and 77(14);

(g) Part 12.

PART 17 Amendments to other enactments

74. Amendment of Referendum Act 1998

74. Section 5 of the Referendum Act 1998 is amended in subsection (1) by the substitution of “Section 46M(2)(a)” for “Section 41(3)”.

75. Repeal of certain provisions of Copyright and Related Rights Act 2000

75. Sections 103 and 251 of the Copyright and Related Rights Act 2000 are repealed.

76. Amendment of Communications Regulation (Premium Rate Services and Electronic Communications Infrastructure) Act 2010

76. The Communications Regulation (Premium Rate Services and Electronic Communications Infrastructure) Act 2010 is amended—

(a) in section 3, in the definition of “broadcasting service” by the insertion of “, except that it does not include any audio or audiovisual services provided by way of the internet” after “Broadcasting Act 2009”, and

(b) in section 7—

(i) in subsection (4), by the substitution of “audiovisual on-demand media service under the Broadcasting Act 2009” for “on-demand audiovisual media services under the Council Directive”, and

(ii) by the deletion of subsection (5).

77. Amendment of Houses of the Oireachtas (Inquiries, Privileges and Procedures) Act 2013

77. Section 9 of the Houses of the Oireachtas (Inquiries, Privileges and Procedures) Act 2013 is amended in subsection (6), in paragraph (j), by the substitution of “12(5)” for “10(5)”.

78. Amendment of Irish Sign Language Act 2017

78. Section 8 of the Irish Sign Language Act 2017 is amended, by the substitution of “media service rules made under section 46O(5)” for “broadcasting rules made under section 43(1)(c)”.

79. Amendment of Criminal Justice (Corruption Offences) Act 2018

79. The Criminal Justice (Corruption Offences) Act 2018 is amended—

(a) in section 14, in subsection (3)—

(i) in paragraph (h), by the substitution of “those Acts;” for “those Acts.”, and

(ii) by the insertion of the following paragraph after paragraph (h):

“(i) the performance by Coimisiún na Meán of its functions.”,

and

(b) in section 17, in subsection (9), in the definition of “relevant Irish official”—

(i) by the substitution of the following paragraph for paragraph (p):

“(p) a member of Coimisiún na Meán,”,

and

(ii) by the deletion of paragraphs (q) and (r).

80. Amendment of Electoral Reform Act 2022

80. Section 32(1) of the Electoral Reform Act 2022 is amended by the substitution of “Section 46M(2)(a)” for “Section 41(3)”.