European Commission’s scolding of Ireland over the Audiovisual Media Services Directive

Late last month the European Commission opened infringement proceedings against Ireland for missing the September deadline for transposing the Audiovisual Media Services Directive into Irish law.

The revised directive introduces new rules on promoting European work in media and ensuring greater protections on on-demand video platforms against hate speech and harmful content. Member states were supposed to have transposed the directive into law by September 19.

Ireland, along with a whopping 22 other countries out of 27, have missed the deadline. Those countries face potential financial penalties, according to the letter.

The Commission’s letter to Ireland (which can be read in full here) stated:

Ireland was due to enact the rules as part of the Online Safety and Media Regulation Bill but that bill has been repeatedly delayed in 2020.

First there was the general election in February, then Covid-19 hit, then it wasn’t until the end of June before a government was formed, then sprinkle a little more Covid upheaval in there and in September (after the deadline was missed), responsibility for the bill was shifted to the Department of Tourism, Culture, Arts, Gaeltacht, Sport and Media.

The department told me that after the series of delays, it is now seeking approval for the general scheme for the Online Safety and Media Regulation Bill to finally move things along.

“Government approval will be sought shortly for the finalisation of General Scheme of the proposed Bill through the addition to the provisions relating to the funding of the Media Commission, the regulation of audiovisual media services, the maximum amount for financial sanctions for non-compliance and other matters,” spokesperson for the department said.

“These additional provisions will then be forwarded to the Office of the Attorney General for addition as a basis for detailed drafting and to the relevant Joint Oireachtas Committee for pre-legislative scrutiny. It is for the Committee to determine whether and when to commence such scrutiny.”