The Broadcasting Authority of Ireland (BAI) has warned that Ireland will have difficulties implementing proposed European media regulations unless it is given additional resources.
In a submission to the Department of Communications, the broadcasting regulator also supports a proposed relaxation of the rules around advertising limits and the timing of ad breaks, but questions whether these rules should be fixed by Europe at all.
The European Commission is in the process of updating its audiovisual media services directive (AVMSD) to reflect growth in video-on-demand services and video-sharing platforms. At present, the burden of regulation is "much higher" on traditional or linear television services.
There will be “challenges with implementation” of the European directive unless greater resources are made available, said BAI chief executive Michael O’Keeffe.
The BAI has a staff of 35, one fewer than the 36 employed by its pre-2009 predecessor, the Broadcasting Commission of Ireland (BCI), which had fewer responsibilities. Since 2015, the authority has taken on a greater role in the examination of cross-media mergers, of which there have been several over the past year.
Mr O’Keeffe said the BAI took a “neutral” view on the method by which it was funded, which is currently by way of a levy on broadcasters.
“We’re not looking to create a monster, but there are areas where we need to look at resources,” said Mr O’Keeffe. “We have had to prioritise.”
The revised AVMSD would create a further additional workload in the years to come, he said.
Online media
In May, the European Commission published a draft of the revised directive, which if passed in its current shape will introduce new regulations for companies such as
Netflix
and Google-owned
YouTube
.
The new regime could be in place as early as 2018. When it passes, it will require an amendment to Ireland’s Broadcasting Act, which was enacted in 2009 but does not cover online media.
One article in the draft directive allows member states to impose financial contributions on on-demand services by way of levies or direct investments. The Irish Government is expected to back this change and seek for it to be extended to linear television services.
This would allow the Department of Communications to put a levy on the UK broadcasters that take a significant share of Irish television advertising revenues through opt-out channels. If the UK leaves the European Union, these channels may have to apply for local licences to continue operating in this market anyway.
The directive proposes loosening the rules on television advertising limits so that broadcasters can schedule more ads during peak viewing times.
At present, the maximum permitted is generally 12 minutes per hour, but it has been suggested that this regulation should be replaced by a daily advertising limit of 20 per cent of the time between 7am and 11pm.
Political interference
Under another proposal, broadcasters will be able to insert ad breaks into films every 20 minutes instead of every half hour.
Mr O’Keeffe said broadcasters would find there was “a limit to how far they can go” on the amount of ads they show, as audiences simply switch off if they are bombarded by too many.
The BAI does not believe it is necessary for Europe to specify advertising minutage limits in the first place, believing this should be a matter for national regulators.
Mr O’Keeffe said he hoped the draft article 30, which states that media regulators must be independent of national governments, was not argued out of the final version of the directive by member states with a record of political interference in media.
Media freedom issues have surfaced of late in Hungary, Croatia and Poland.
“I would say that over the last 12-18 months, I have seen things I haven’t seen over the previous five to 10 years, which is worrying,” he said.
