Broadcasting Authority of Ireland: Difference between revisions

{{shortShort description|Former Irish broadcasting regulator}}

{{Use dmy dates|date=JuneJanuary 20132023}}

{{Use Irish Hiberno-English|date=February 2017}}

| type = [[Public service bodies of the Republic of Ireland|State Agency]] of the [[Department of Tourism, Culture, Arts, Gaeltacht, Sport and Media]]

|dissolved = {{End date|2023|3|15|df=yes}}

|superseding = [[Coimisiún na Meán]]

|headquarters = 2 – 52–5 Warrington Place, Dublin 2, D02 XP29

|keydocument1 = Broadcasting Act, 2009

|website = [http://www.bai.ie/{{official BAI website]URL}}

The '''Broadcasting Authority of Ireland''' ('''BAI'''); ({{lang-ga|Údarás Craolacháin na hÉireann}}) wasis establisheda onformer 1broadcasting Octoberauthority 2009which effectivelyregulated replacingboth thepublic and '''Broadcastingcommercial Commissionbroadcasting sector in [[Republic of Ireland''' ('''BCI''') ({{lang-ga|Coimisiún Craolacháin na hÉireann}})Ireland]].

*The Authority came into being under the [[Broadcasting Act 2009]]. Prior to its establishment on 30 September 2009, as a Commission, it was set up as the '''Independent Radio and Television Commission''' ('''IRTC''') was established under the terms of the Radio and Television Act 1988.<ref>{{cite webIrish legislation|urlyear=http://www.irishstatutebook.ie/eli/1988/act/|num=20/enacted/en/html|title=Radio and Television Act 1988|website=Irish Statute Book|date=3 July 1988|access-date=26 June 2016}}</ref> 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 Commissioncommission 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.

*The Broadcasting Act 2001<ref>{{cite webIrish legislation|urlyear=http://www.irishstatutebook.ie/eli/2001/act/|num=4/enacted/en/html|title=Broadcasting Act 2001|website=Irish Statute Book|date=4 March 2001|access-date=1 October 2020}}</ref> 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 (Amendment) 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<ref name=2009Act>{{cite webIrish legislation|url year= http://www.oireachtas.ie/documents/bills28/bills/2008/2908/b2908s.pdf 2009| website num= oireachtas.ie 18| title = Broadcasting Act 2009|date=12 (Act 18 ofJuly 2009)|access-date=21 Broadcasting Bill 2008 (Bill 29 of 2008)February 2023}}</ref> the Commissioncommission 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 Board|RTÉ Authority]] and [[TG4|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 Commissioncommission 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 (Funding) Act 2003. So far over €30&nbsp;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.<ref>{{cite web|url=http://www.bci.ie/broadcast_funding_scheme/index.html|title=BCI Tech News|access-date=26 June 2016|url-status=dead|archive-url=https://web.archive.org/web/20130906233836/http://www.bci.ie/broadcast_funding_scheme/index.html|archive-date=6 September 2013|df=dmy-all}}</ref>

The BCI was responsible for arranging the provision of television and radio services in addition to those provided by [[Raidió Teilifís Éireann]] (RTÉ). In addition, it was responsible for developing codes on advertising and other matters, which apply both its own stations and those of RTÉ.<ref>{{cite web|url=http://www.bci.ie|title=BCI Tech News|access-date=26 June 2016|archive-date=5 February 2014|archive-url=https://web.archive.org/web/20140205120314/http://www.bci.ie/|url-status=dead}}</ref> Its role has expanded following the statutory instrument signed by Minister Eamonn Ryan on 24 September 2009 to include Analogue terrestrial television switchoff in Ireland (aerial/transmitter system) and licensing the more channel spacious digital terrestrial television channel licensing that it will undertake once the commercial DTT contract is concluded with the current consortium.<ref name="dcenr.gov.ie">{{cite web |url=http://www.dcenr.gov.ie/Press+Releases/Minister+Ryan+establishes+Broadcasting+Authority+of+Ireland.htm |title=ArchivedMinister Ryan establishes Broadcasting Authority of Ireland – Department of Communications, Energy and Natural copyResources |access-date=2009-10-07 |url-status=dead |archive-url=https://web.archive.org/web/20091018104201/http://www.dcenr.gov.ie/Press%2BReleases/Minister%2BRyan%2Bestablishes%2BBroadcasting%2BAuthority%2Bof%2BIreland.htm |archive-date=18 October 2009 |df=dmy }}</ref><ref>{{cite web|url=http://www.bai.ie/|title=Home - |website=Broadcast Authority of Ireland|access-date=26 June 2016|archive-date=8 May 2016|archive-url=https://web.archive.org/web/20160508055950/http://www.bai.ie/|url-status=live}}</ref>

*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.<ref>{{cite web|url=http://www.bci.ie/news_information/news_archive.html|title=BCI Tech News|access-date=26 June 2016|url-status=dead|archive-url=https://web.archive.org/web/20120210140316/http://www.bci.ie/news_information/news_archive.html|archive-date=10 February 2012|df=dmy-all}}</ref>

Under the [[Broadcasting Act 2009]]<ref>{{cite web|urlname=http://www.irishstatutebook.ie/eli/2009/act/18/enacted/en/html|title=Broadcasting2009Act Act 2009|website=Irish Statute Book|date=12 July 2009|access-date=1 October 2020}}</ref><ref>{{Citation|url=http://www.dcenr.gov.ie/Press+Releases/Major+changes+heralded+in+broadcasting+as+new+laws+enacted.htm|title=Major changes heralded in broadcasting as new laws enacted|publisher=Department of Communications, Energy and Natural Resources|date=15 July 2009|url-status=dead|archive-url=https://web.archive.org/web/20090720074418/http://www.dcenr.gov.ie/Press%2BReleases/Major%2Bchanges%2Bheralded%2Bin%2Bbroadcasting%2Bas%2Bnew%2Blaws%2Benacted.htm|archive-date=20 July 2009|df=dmy-all}}</ref><ref>{{Citation|url=https://www.youtube.com/watch?v=YQfnyu6JGs4|title=Minister Ryan discusses the Broadcasting Act|publisher=Department of Communications, Energy and Natural Resources/Youtube.com|date=15 July 2009|access-date=29 November 2016|archive-date=27 January 2016|archive-url=https://web.archive.org/web/20160127202400/https://www.youtube.com/watch?v=YQfnyu6JGs4|url-status=live}}</ref> the Broadcasting Authority of Ireland (BAI)

The Authority came into being on 1 October 2009, the establishment date set by the [[Minister for the Environment, Climate and Communications|Minister for Communications, Energy and Natural Resources]].<ref>{{cite webIrish legislation|urlyear=http://www.irishstatutebook.ie/eli/2009/|type=si/|num=389/made/en/print|title=Broadcasting Authority of Ireland (Establishment Day) Order 2009|website=Irish Statute Book|date=24 September 2009|access-date=10 October 2020|signedby=[[Minister for the Environment, Climate and Communications|Minister for Communications, Energy and Natural Resources]]}}</ref> Until then, the BCI continued to operate under the terms of the Radio and Television Act 1988.

The five government appointees to the Authority arewere:

*Dr Pauric Travers, the current Chairpersonchairperson; currently a graduate of University College Dublin and the Australian National University, Canberra. An eminent historian and educationalist, he is Presidentpresident Emeritusemeritus of St Patrick’sPatrick's College, Drumcondra, having completed 13 years as Presidentpresident/CEO

*Alan McDonnell (Managingmanaging director of Empeira Consultants)

*Grace Smith (Legallegal professional with over 20 years practice as an international lawyer in a large legal practice)

In addition to the Authority, the BAI comprisescomprised two separate and independent committees –: a Contract Awards Committee and a Compliance Committee.

'''The Contract Awards Committee''' members includeincluded:

*Eimer McGovern; Chief Financial Officer with Fenergo

'''The Compliance Committee''' members arewere:

*Mr Nigel Heneghan; Managingmanaging director of Heneghan PR

The Contracts Award Committee licenseslicensed independent commercial and community broadcasters including digital television providers.

The Compliance Committee requiresrequired all broadcasters, public or private, to comply with their licence conditions, broadcasting codes and rules. New codes in relation to children's advertising, among others, were introduced under the Broadcasting Act.<ref>{{cite web|url=http://www.iftn.ie/digital/digitaltv/?act1=record&only=1&aid=73&rid=4282739&tpl=archnews&force=1|title=New BAI Committees Announced -– The Irish Film & Television Network|access-date=26 June 2016|archive-date=22 August 2016|archive-url=https://web.archive.org/web/20160822171511/http://www.iftn.ie/digital/digitaltv/?act1=record&only=1&aid=73&rid=4282739&tpl=archnews&force=1|url-status=live}}</ref>

The BAI iswas in charge of the Irish government's Broadcasting Fund which iswas taken from the TV Licence Fee. Since 2006 the BCI have given nearly €20million euro to Independent producers for TV, Radio and Film that meet the requirement of the scheme. They have provided funds to programmes and films such as ''[[Hunger (2008 film)|Hunger]]'' ([[Film Four]]), ''[[Aifric]]'' and ''[[Kings (2007 film)|Kings]]'' ([[TG4]]), ''School Run'' ([[TV3 (Ireland)|TV3]]) and ''[[Garage (film)|Garage]]'' ([[RTÉ]]). The producer must have the support of a Free-to-air broadcaster, the UK's broadcasters are sufficient since they are available FTA via Satellite, Setanta have produced a discussion ''Sports Matter'' which is unencrypted when it airs on the channel.

*[{{cite web|url=http://www.bai.ie |website=Broadcasting Authority of Ireland website]|title=Home}}

[[Category:OrganizationsGovernment agencies established in 1988]]

[[Category:BroadcastingGovernment authoritiesagencies disestablished in 2023]]