Broadcasting Authority of Ireland

History

• The Authority came into being under the Broadcasting Act 2009.
• The Independent Radio and Television Commission was established under the terms of the Radio and Television Act 1988. This act allowed the first legal stations not operated by RTÉ, the national broadcaster, to come into existence. Prior to this commercial broadcasting in Ireland had been unlicensed and illegal. Despite this a thriving pirate radio scene existed. The Act sought to bring this under a regulatory framework.
• From 1989 onwards the commission began to license Independent Local Radio stations. It also sought to introduce a national radio and television service. But while ILR was mostly successful, both national efforts ran into difficulty.
• In the case of the radio service, Century Radio, it went bankrupt within months, issues surrounding the Minister for Communications, Ray Burke, were also raised as he sought to deregulate the system. In 1997 Radio Ireland won the contract for Ireland's commercial national Radio service, now Today FM. Meanwhile, the selected contractor for the television service TV3, took eight years to find a backer before it finally went on air.
• The Broadcasting Act 2001 gave the Commission its most recent past name and increased its powers. It can now issue contracts for broadcasting via cable, satellite, and most recently DTT under a different model from 2001 Broadcasting Act 2007, and can also develop codes in relation to various broadcasting activities. The first, a code on children's advertising, has proved highly controversial. Under the Broadcasting Act 2009 the commission has been abolished and its powers transferred to the new Broadcasting Authority of Ireland's Contract Awards Committee. The BAI incorporates the role of the Broadcasting Complaints Commission for Ireland and also the regulatory powers of the RTÉ Authority and Teilifís na Gaeilge, these now having simply corporate governance and strategic roles, losing their self-regulatory roles. While the contract award process will not be radically altered, the Authority will now have powers to fine stations rather than having to remove their contracts.
• The commission also operated the Broadcasting Funding Scheme or Sound & Vision which distributes 5% of the collected TV licence to projects on film, TV and radio and under the Broadcasting Authority of Ireland, this will continue, including increased requirements for spend on indigenous programming. This is further to the Broadcasting Act 2003. So far over €30 Million euro has been invested into the audio visual sector in Ireland as a result of the scheme, enabling 280 projects to be funded and broadcast in peak listener/viewer times.

  Previous Role of the Broadcasting Commission of Ireland (BCI)

Contract method under the BCI

• The BCI awarded television and radio programme contracts by a "beauty contest" system.
• Typically the Authority will decide on the area and type of service to be provided. It then asks for expressions of interest, which will then lead to an actual contest for the contract. Each bidder for the contract submits a detailed business plan and programming proposals to the Authority, which then selects a preferred bidder.
• It will then conduct further negotiations before issuing the contract. However, the previous Commission had limited ability to enforce contracts once issued. It could issue stations warnings or ultimately threaten them with the loss of contract, but this is regarded as a "nuclear option" and is often very unpopular with the stations' listenership. More often, it would try to negotiate with the station in order to influence its programming. Only in one instance – Radio Limerick One – was a station's contract terminated midway through its run. In three further cases – North West Radio, Radio Kilkenny, and Carlow Kildare Radio – the stations contract was awarded to a different company at the end of its term. These decisions proved very politically unpopular and have led to calls for the BCI to automatically renew contracts unless there have been stated misbehaviour. However, as Independent Local Radio stations typically have a monopoly, this would mean no new enterants could ever enter the market.

  Transition to Broadcasting Authority of Ireland

• 1. took over the functions of the Broadcasting Commission of Ireland and the Broadcasting Complaints Commission,
• 2. as well as certain powers of the RTÉ Authority and the board of Téilifis na Gaeilge on 1 October 2009.
• 3. It will have new powers to fine broadcasters where it deems appropriate contract breaches require such but do not necessitate premature contract end

Members

• Dr Pauric Travers, the current chairperson; currently a graduate of University College Dublin and the Australian National University, Canberra. An eminent historian and educationalist, he is president emeritus of St Patrick's College, Drumcondra, having completed 13 years as president/CEO
• Alan McDonnell
• Grace Smith
• Professor Maeve McDonagh
• Seamus Martin

Sound and Vision Fund

Media Commission