IE-2022-act-41 — Online Safety and Media Regulation Act 2022 | Law Reform

PART 1 Preliminary and General 1. (1) This Act may be cited as the Online Safety and Media Regulation Act 2022. (2) The Principal Act and this Act, in so far as it amends the Principal Act, may be cited as the Broadcasting and Other Media Regulation Acts 2009 and 2022. (3) This Act shall come into operation on such day or days as the Minister may appoint by order or orders either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or different provisions. 2. In this Act— “Authority” means the Broadcasting Authority of Ireland; “Commission” means Coimisiún na Meán established under section 6 of the Principal Act as inserted by section 8 ; “Compliance Committee” means the Compliance Committee established by section 6 of the Principal Act as that section had effect immediately before the date of coming into operation of section 8 ; “Contract Awards Committee” means the Contract Awards Committee established by section 6 of the Principal Act as that section had effect immediately before the date of coming into operation of section 8 ; “establishment day” means the establishment day appointed under section 5 of the Principal Act as substituted by section 8 ; “Minister” means the Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media; “Principal Act” means the Broadcasting Act 2009 ; “statutory committees” means the Contract Awards Committee and the Compliance Committee. PART 2 Amendment of Part 1 of Principal Act 3. (1) Section 2 of the Principal Act is amended by renumbering the existing section as subsection (1). (2) Subsection (1), renumbered under subsection (1) , of section 2 of the Principal Act is amended— (a) by the insertion of the following definitions after the definition of “Act of 2001”: “‘advertisement’ includes a commercial communication; ‘audiovisual broadcasting service’ means an audiovisual media service provided for simultaneous or near-simultaneous viewing of audiovisual programmes on the basis of a programme schedule; ‘audiovisual commercial communication’ means a commercial communication consisting of images with or without sound; ‘audiovisual media service’ means a service, within the meaning of Articles 56 and 57 of the Treaty on the Functioning of the European Union, where— (a) the principal purpose of the service is devoted to, or (b) the principal purpose of a dissociable section of the service is devoted to, providing audiovisual programmes, by electronic communications networks, to the general public, under the editorial responsibility of the provider of the service, in order to inform, entertain or educate; ‘audiovisual on-demand media service’ means an audiovisual media service provided for the viewing of programmes at the moment chosen by the user and at the user’s request on the basis of a catalogue of programmes selected by the provider of the service; ‘audiovisual programme’ means a set of moving images with or without sound which, in the case of an audiovisual media service, constitutes an individual item, irrespective of its length, within a programme schedule or a catalogue;”, (b) in the definition of “broadcasting service”, by the substitution of the following paragraph for paragraph (b): “(b) any other service which is provided by way of the internet, if the service does not provide audiovisual programmes;”, (c) by the insertion of the following definitions after the definition of “broadcasting service”: “‘category 1 offence’ means an offence the penalties for which are specified in section 139ZZH(1); ‘category 2 offence’ means an offence the penalties for which are specified in section 139ZZH(2); ‘category 3 offence’ means an offence the penalties for which are specified in section 139ZZH(3); ‘Charter’ means the Charter of Fundamental Rights of the European Union;”, (d) by the insertion of the following definitions after the definition of “children”: “‘commercial communication’ means images or sound or both— (a) designed to promote, directly or indirectly, the goods, services or image of a person pursuing an economic activity, and (b) included in or accompanying a programme or user-generated content in return for payment or for similar consideration or for self-promotional purposes; ‘Commissioner’ has the meaning given by section 11(2);”, (e) by the substitution of the following definition for the definition of “communications media”: “‘communications media’ means— (a) broadcasting services, (b) audiovisual on-demand media services, (c) designated online services, or (d) newspapers or periodicals consisting substantially of news and comment on current affairs;”, (f) by the insertion of the following definitions after the definition of “Council Directive”: “‘Data Protection Regulation’ means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 3 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation); ‘designated online service’ means a service designated under section 139E; ‘Directive’ means Directive 2010/13/EU of the European Parliament and of the Council of 10 March 2010 4 on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services, as amended by Directive (EU) 2018/1808 of the European Parliament and of the Council of 14 November 2018 5 ;”, (g) by the insertion of the following definitions after the definition of “director general”: “‘E-Commerce Directive’ means Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 6 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market; ‘editorial responsibility’, in relation to providing programmes, means effective control— (a) over the selection of the programmes, and (b) over their organisation in a programme schedule or in a catalogue;”, (h) by the substitution of the following definition for the definition of “employment”: “‘employment’ includes— (a) full-time paid employment, (b) part-time paid employment, (c) temporary paid employment for a period of 16 weeks or more in the period of a year, or (d) being retained under contract, directly or indirectly, in any capacity as an adviser, consultant or lobbyist, or for the provision of services;”, (i) by the substitution of the following definition for the definition of “establishment day”: “‘establishment day’ means the day appointed by the Minister under section 5 to be the establishment day for the purposes of this Act;”, (j) by the insertion of the following definition after the definition of “free-to-air service”: “‘harmful online content’ has the meaning given by section 139A(1);”, (k) in the definition of “holding company”, by the substitution of “ Companies Act 2014 ” for “ Companies Act 1963 ”, (l) in the definition of “Joint Oireachtas Committee”, by the substitution of “to which this Act relates” for “relating to broadcasting”, (m) by the substitution of the following definition for the definition of “media literacy”: “‘media literacy’ means public understanding of material published in print, broadcast, online or other media, including understanding of— (a) the nature and characteristics of published material, (b) how material is selected, or made available, for publication, (c) how individuals and communities can create and publish material, and (d) how access to published material is or can be regulated;”, (n) by the insertion of the following definitions after the definition of “media literacy”: “‘media service code’ means a code made under section 46N; ‘media service provider’ means a person who provides an audiovisual media service; ‘media service rules’ means rules made under section 46O;”, (o) by the insertion of the following definitions after the definition of “national emergency”: “‘online safety code’ means a code made under section 139K; ‘Online Safety Commissioner’ means a Commissioner designated under section 11(7) as an Online Safety Commissioner;”, (p) by the insertion of the following definitions after the definition of “ownership”: “‘personal data’ has the same meaning as it has in the Data Protection Regulation; ‘programme’ means a sound programme or audiovisual programme;”, (q) in the definition of “programme material”— (i) by the insertion of “(subject to section 153)” after “ ‘programme material’ ”, and (ii) by the deletion of “and material which, when transmitted, will constitute a direct offer to the public for the sale or supply to them of goods or other property (whether real or personal) or services”, (r) by the insertion of the following definition after the definition of “programme material”: “‘programme schedule’ means a chronological schedule of audiovisual or sound programmes;”, (s) by the insertion of the following definition after the definition of “provide a broadcasting service”: “‘provider of communications media’ means— (a) in the case of a broadcasting service, the broadcaster of the service, (b) in the case of an audiovisual on-demand media service, the media service provider who provides the service, (c) in the case of a designated online service, the person who controls the service, and (d) in the case of newspapers or periodicals consisting substantially of news and comment on current affairs, the person who controls the newspaper or periodical;”, (t) by the insertion of the following definition after the definition of “Raidió Teilifís Éireann”: “‘relevant online service’ means— (a) a video-sharing platform service the provider of which is under the jurisdiction of the State, or (b) any other information society service, within the meaning of Article 1(1)(b) of Directive (EU) 2015/1535 of the European Parliament and of the Council of 9 September 2015 7 — (i) the provider of which is under the jurisdiction of the State, and (ii) on which user-generated content is made available (directly or through providing access to another service), but does not include an audiovisual on-demand media service;”, (u) by the substitution of the following definition for the definition of “sound broadcasting service”: “‘sound broadcasting service’ means a service, within the meaning of Articles 56 and 57 of the Treaty on the Functioning of the European Union, where— (a) the principal purpose of the service is devoted to providing sound programmes, by electronic communications networks, to the general public, under the editorial responsibility of the provider of the service, in order to inform, entertain or educate, and (b) the service is provided for simultaneous or near-simultaneous listening to sound programmes on the basis of a programme schedule;”, (v) in the definition of “subsidiary”, by the substitution of “ Companies Act 2014 ” for “ Companies Act 1963 ”, (w) in the definition of “terrestrial means”, by the deletion of “a MMD system or”, (x) by the insertion of the following definitions after the definition of “transmission”: “‘user-generated content’, in relation to a relevant online service, means content created by a user of the service and uploaded to the service by that or another user; ‘user-generated video’ means user-generated content consisting of a set of moving images with or without sound; ‘video-sharing platform service’ has the meaning given by subsections (2) and (3);”, and (y) by the deletion of the definitions of “BCC”, “broadcasting code”, “broadcasting rules”, “Compliance Committee”, “Contract Awards Committee”, “electronic programme guide”, “electronic programme guide contract”, “excepted person”, “interests”, “MMD system”, “ownership”, “transmission” (and “transmit” and “re-transmit”), and “website”. (3) Section 2 of the Principal Act is amended by the insertion of the following subsections after subsection (1), renumbered under subsection (1) : “(2) In this Act, ‘video-sharing platform service’ means, subject to subsection (3), a service, within the meaning of Articles 56 and 57 of the Treaty on the Functioning of the European Union, where— (a) the principal purpose of the service is devoted to, (b) the principal purpose of a dissociable section of the service is devoted to, or (c) an essential functionality of the service is devoted to, providing audiovisual programmes or user-generated videos, or both, by electronic communications networks, to the general public, in order to inform, entertain or educate. (3) A service is a video-sharing platform service within subsection (2) only if the provider of the service— (a) does not have effective control over the selection of the programmes and videos referred to in that subsection, but (b) determines their organisation, by automatic means or algorithms (including displaying, tagging and sequencing) or otherwise.”. 4. The Principal Act is amended by the insertion of the following section after section 2: “2A. (1) For the purposes of this Act, the question whether a media service provider is under the jurisdiction of the State (or another Member State) is to be determined in accordance with this section. (2) A media service provider is under the jurisdiction of a Member State if under subsection (5) it is established in that state. (3) If a media service provider is not, under subsection (5), established in a Member State, then the provider is under the jurisdiction of a Member State if— (a) it uses a satellite up-link situated in that state, or (b) it uses satellite capacity appertaining to that state. (4) If subsections (2) and (3) do not determine the question in relation to a media service provider, then the provider is under the jurisdiction of the Member State in which it is established within the meaning of Articles 49 to 55 of the Treaty on the Functioning of the European Union. (5) The following provisions apply to a media service provider for the purposes of subsections (2) and (3): (a) if the provider has its head office in a Member State, and the relevant editorial decisions are taken in the same Member State, the provider is established in that Member State; (b) if the provider has its head office in a Member State, and the relevant editorial decisions are taken in another Member State, then— (i) if a significant part of the workforce involved in the pursuit of the programme-related audiovisual media service activity operates in the Member State where the provider has its head office, the provider is established in that Member State, (ii) if subparagraph (i) does not apply but a significant part of the workforce involved in the pursuit of the programme-related audiovisual media service activity operates in the Member State where relevant editorial decisions are taken, the provider is established in that Member State, and (iii) if neither subparagraph (i) nor subparagraph (ii) applies, the provider is established in the Member State where it first began its activity in accordance with the law of that Member State, provided that it maintains a stable and effective link with the economy of that Member State; (c) if the place where the provider has its head office and the place where the relevant editorial decisions are taken are different, and only one of them is in a Member State, the provider is established in that Member State, provided that a significant part of the workforce involved in the pursuit of the audiovisual media service activity operates in that Member State. (6) In this section— ‘audiovisual media service activity’ means activity relating to the audiovisual media service concerned; ‘relevant editorial decisions’ means editorial decisions about the audiovisual media service concerned.”. 5. The Principal Act is amended by the insertion of the following section after section 2A: “2B. (1) For the purposes of this Act, the question whether the provider of a video-sharing platform service is under the jurisdiction of the State (or another Member State) is to be determined in accordance with this section. (2) The provider of a video-sharing platform service is under the jurisdiction of a Member State if the provider is established in the territory of that state. (3) If the provider of a video-sharing platform service is not established in a Member State, then the provider is under the jurisdiction of a Member State if— (a) it has a parent undertaking or a subsidiary undertaking that is established in the territory of that state, or (b) it is part of a group, and another undertaking of that group is established in the territory of that state. (4) For the purposes of subsection (3), if in the provider’s case there are different undertakings (parent undertaking, subsidiary undertakings, or other undertakings in the same group) that are established in different Member States, the provider shall be deemed to be established— (a) if it has a parent undertaking that is established in a Member State, in that Member State, (b) if paragraph (a) does not apply but it has a subsidiary undertaking established in a Member State, in that Member State, and (c) if paragraphs (a) and (b) do not apply but another undertaking in the group is established in a Member State, in that Member State. (5) If subsection (4)(b) applies but there are different subsidiary undertakings established in different Member States, the provider shall be deemed to be established in the Member State where one of the subsidiary undertakings first began its activity, provided that it maintains a stable and effective link with the economy of that Member State. (6) If subsection (4)(c) applies but there are different undertakings in the group established in different Member States, the provider shall be deemed to be established in the Member State where one of the undertakings first began its activity, provided that it maintains a stable and effective link with the economy of that Member State. (7) In this section— (a)‘established’ has the same meaning as in Article 3(1) of the E‑Commerce Directive; (b)‘parent undertaking’ means an undertaking that controls one or more subsidiary undertakings; (c)‘subsidiary undertaking’ means an undertaking controlled by a parent undertaking, including any subsidiary undertaking of an ultimate parent undertaking; (d)‘group’ means a parent undertaking, all its subsidiary undertakings and all other undertakings having economic and legal organisational links to them.”. 6. The Principal Act is amended by the insertion of the following section after section 2B: “2C. (1) For the purposes of this Act, the provider of an information society service, other than a provider to whom section 2A or 2B applies, is under the jurisdiction of the State if the provider of the service is established in the State within the meaning of Article 3(1) of the E‑Commerce Directive. (2) In this section ‘information society service’ has the same meaning as in Article 1(1)(b) of Directive (EU) 2015/1535 of the European Parliament and of the Council of 9 September 2015 8 ”. 7. The Principal Act is amended by the insertion of the following section after section 2C: “ 2D. (1) Where a provision of this Act provides for a notice to be given to a person, the notice shall be given in one of the following ways: (a) by delivering it to the person (where the person is an individual); (b) by leaving it addressed to the person at a relevant address; (c) by sending it, addressed to the person, to a relevant address by pre‑paid registered post or other pre-paid recorded delivery service; (d) by sending it to the person by electronic means in accordance with subsection (5). (2) Subsection (1) does not apply to a notice under section 147, a reminder notification or fixed payment notice under section 149, or a notification under Part 11. (3) In subsection (1)(b) and (c), ‘relevant address’ means any of the following: (a) the address at which the person ordinarily resides; (b) an address at which the person carries on business; (c) a postal address at which the person has agreed in writing to receive notices under this Act. (4) For the purposes of subsection (3)(a), a company registered under the Companies Act 2014 , or an existing company within the meaning of that Act, is deemed to be ordinarily resident at its registered office, and every other body corporate and every unincorporated body is deemed to be ordinarily resident at its principal office or place of business. (5) For the purposes of subsection (1)(d), a notice is sent to a person by electronic means in accordance with this subsection if— (a) it is sent to an email address, fax number, or other electronic contact point, at which the person has agreed in writing to receive notices under this Act, and (b) a record that the email, fax, or other electronic message has been sent is made for the sender by the email system, fax machine, or other electronic system used. (6) A notice to which subsection (1) applies— (a) if given in accordance with subsection (1)(a), is given at the time when it is delivered, (b) if given in accordance with subsection (1)(b), is given at the time when it is left at the relevant address, (c) if given in accordance with subsection (1)(c), is deemed, unless the contrary is proved, to be given at the time when it would be delivered in the ordinary course of the post or other service used, and (d) if given in accordance with subsection (1)(d), is deemed, unless the contrary is proved, to be given at the time stated in the record referred to in subsection (5)(b). (7) In this section, ‘notice’ includes notification.”. PART 3 Coimisiún na Meán 8. The Principal Act is amended by the substitution of the following Part for Part 2: “PART 2 Coimisiún na Meán Establishment day 5. The Minister shall, by order, appoint a day to be the establishment day for the purposes of this Act. Establishment of Commission 6. (1) There shall stand established on the establishment day a body which shall be known as Coimisiún na Meán (in this Act referred to as the ‘Commission’). (2) The Commission— (a) is a body corporate with perpetual succession and a seal, (b) may sue and be sued in its corporate name, (c) may, with the approval of the Minister, given with the consent of the Minister for Public Expenditure and Reform, acquire, hold and dispose of land or an interest in land, and (d) may acquire, hold and dispose of any other property. (3) The seal of the Commission must be authenticated by the signature of— (a) a Commissioner, or (b) a member of the staff of the Commission, authorised by the Commission to act in that behalf. (4) Any contract or instrument which, if entered into or executed by an individual, would not require to be under seal may be entered into or executed on behalf of the Commission by any person generally or specially authorised by the Commission in that behalf. (5) Judicial notice shall be taken of the seal of the Commission and any document purporting to be an instrument made by, and to be sealed with the seal of, the Commission shall, unless the contrary is shown, be received in evidence and be deemed to be such an instrument without further proof. Powers and functions of Commission 7. (1) The Commission shall have all such powers as are necessary or expedient for the performance of its functions and shall ensure that its functions are performed effectively and efficiently. (2) In performing its functions the Commission shall endeavour to ensure— (a) that the democratic values enshrined in the Constitution, especially those relating to rightful liberty of expression, are upheld, (b) that the interests of the public, including the interests of children, are protected, with particular commitment to the safety of children, (c) that the broadcasting services and audiovisual on-demand media services available in the State are open, inclusive and pluralistic, and that the Commission’s policies in relation to those services best serve the needs of the people of the island of Ireland, bearing in mind— (i) their languages and traditions, (ii) their experiences, and the experiences of people of Irish ancestry living abroad, (iii) their diversity, including religious, ethical, cultural, linguistic, socio-economic, and gender diversity, (iv) their levels of participation in those services and their levels of representation in programmes on those services, and (v) as regards people with disabilities, their requirements for accessibility to those services, and (d) that regulatory arrangements— (i) address programme material, user-generated content, and other content, which are harmful or illegal, (ii) take account of technological and societal change, and (iii) operate proportionately, consistently and fairly. (3) Without prejudice to the generality of subsection (2), the Commission shall— (a) stimulate the provision of high quality, diverse, and innovative programmes by providers of broadcasting services and audiovisual on-demand media services, (b) endeavour to ensure diversity and transparency in the control of communications media operating in the State, (c) promote and encourage the use of the Irish language by communications media operating in the State, (d) provide a regulatory environment that will sustain independent and impartial journalism, (e) promote and stimulate the development of— (i) programmes in the Irish language, and (ii) programmes relating to climate change and environmental sustainability, (f) promote and encourage environmental sustainability in the policies and practices of providers of broadcasting services, audiovisual on‑demand media services, and relevant online services, (g) encourage research, promote or endorse educational and training initiatives and activities, including in media literacy, and co-operate for that purpose with educational and training bodies, sporting bodies and community, local and representative bodies, and otherwise promote public awareness, knowledge and understanding, in relation to matters connected to its functions, (h) engage in evidence-based decision-making in the exercise of its functions, and promote evidence-based decision-making by those with which it consults, and (i) encourage compliance with the provisions of this Act, and the provisions of any code, rule or other statutory instrument made under it, in any manner the Commission considers appropriate, including by the publication of guidance as to how those provisions may be complied with. (4) In performing its functions the Commission shall have regard to— (a) the safety of children, and published policies of the Minister for Children, Equality, Disability, Integration and Youth in respect of that matter, (b) the regulation of gambling, and published policies of the Minister for Justice in respect of that matter, (c) climate change and environmental sustainability, and published policies of the Minister for the Environment, Climate and Communications in respect of that matter, and (d) published policies of the Government in respect of any matter referred to in paragraph (a), (b) or (c). (5) The Commission shall, in so far as consistent with its other functions and its available resources— (a) provide advice on matters to which its functions relate, if requested to do so by a Minister of the Government, educational or training institution, or public body whose activities are concerned with those matters, (b) give effect to any arrangements entered into with the Minister to stimulate the provision of high quality, diverse and innovative news and comment on current affairs— (i) by publishers of newspapers or periodicals consisting substantially of news and comment on current affairs, (ii) by broadcasters, (iii) by providers of programme material consisting substantially of news and comment on current affairs to a broadcaster, and (iv) by providers of services otherwise made available on an electronic communications network and providing content, consisting substantially of news and comment on current affairs, that is under the provider’s editorial control, (c) conduct or commission research on matters relating to its functions, including on any development outside the State, and publish, in the form and manner that it thinks fit, the findings of such research, as it considers appropriate, (d) undertake strategic reviews of the broadcasting services sector, audiovisual on-demand media services sector, and relevant online services sector in respect of the following areas: (i) funding of those sectors; (ii) technological and societal change; (iii) the protection of children; (iv) other areas relevant to its functions, that the Minister may direct, and (e) co-operate, in relation to the regulation of gambling, with any public body concerned with that matter. Delegation of functions 8. (1) Subject to subsection (3), the Commission may delegate the performance of any of its functions to a Commissioner, or to a member of the staff of the Commission, on such terms and conditions as it may determine, and the Commissioner or member of the staff of the Commission shall be accountable to the Commission for the performance of that function. (2) Without prejudice to the generality of subsection (1), a function may be delegated under that subsection so as to be capable of being performed by any Online Safety Commissioner for the time being. (3) The Commission may not delegate the performance of its functions under— (a) section 17, 24, 29, or 31, (b) subsection (3), (4) or (5) of section 48, (c) section 50 or 51, (d) Part 6 or 8, (e) subsection (6) or (8) of section 139ZE, (f) Part 8B, or (g) Part 3A of the Competition Act 2002 . (4) A function delegated by the Commission under subsection (1) continues to be vested in the Commission and is capable of being performed concurrently by either the Commission or the delegate. Conferral of additional functions 9. (1) The Minister may, after consulting with the Commission and any other Minister of the Government who, in the Minister’s opinion, is concerned, by order confer on the Commission additional functions, connected with its existing functions and relating to the regulation of broadcasting services, audiovisual on-demand media services and designated online services, including as regards the protection of children, subject to such conditions as may be specified in the order. (2) An order under this section may contain such incidental, supplemental and consequential provisions as the Minister considers necessary or expedient to give full effect to the conferral of additional functions on the Commission. (3) An order made under this section shall be laid by the Minister before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the order is passed by either such House within the next 21 days on which the House sits after that order is laid before it, the order shall be annulled accordingly, but without prejudice to the validity of anything previously done under it. Independence of Commission 10. The Commission shall be independent in the performance of its functions. Membership of Commission 11. (1) The membership of the Commission shall consist of a chairperson and such number of other whole-time members, not being less than 3 nor greater than 6, as the Minister determines. (2) Each member of the Commission, including the chairperson, shall be known as a Commissioner. (3) The chairperson and each of the other Commissioners shall be appointed by the Minister on the recommendation of the Public Appointments Service. (4) A Commissioner shall hold office for such term, not exceeding 5 years from the date of his or her appointment, as the Minister determines. (5) A Commissioner whose term of office expires or is due to expire shall be eligible for reappointment to the Commission. (6) A Commissioner who has served 2 terms of office shall not be eligible for reappointment to the Commission. (7) One or more of the Commissioners shall be designated in writing by the Minister on the recommendation of the Public Appointments Service as an Online Safety Commissioner. (8) Notwithstanding subsection (3), a person who immediately before the establishment day was the chief executive officer of the Authority may be appointed by the Minister to be a Commissioner for such period as the Minister determines (which period shall be no longer than one year from the establishment day). (9) A person who becomes a Commissioner under subsection (8) shall be eligible for appointment as a Commissioner under subsection (3) at any time during or after the period referred to in subsection (8). (10) The period referred to in subsection (8) shall not be considered a term of office for the purposes of subsection (6). Conditions of office of Commissioner 12. (1) A Commissioner shall hold office on such terms and conditions as may be fixed by the Minister with the consent of the Minister for Public Expenditure and Reform. (2) A Commissioner shall be paid such remuneration as the Minister, with the consent of the Minister for Public Expenditure and Reform, determines. (3) A Commissioner holds office until his or her term of office expires, unless he or she ceases to be a Commissioner under any other provision of this section. (4) A Commissioner may resign from the Commission by letter addressed to the Minister and the resignation shall take effect on the date specified in the letter, or on the date on which the Minister receives the letter, whichever is the later. (5) The Government may at any time remove a Commissioner from office if it is satisfied that— (a) the Commissioner has become incapable through ill-health or otherwise of performing the functions of the office, (b) the Commissioner has engaged in serious misconduct, (c) the Commissioner has a conflict of interest of such significance that the Commissioner should cease to hold office, or (d) the Commissioner has failed without reasonable cause to perform his or her functions for a continuous period of at least 3 months. (6) Where the Government proposes to remove a Commissioner from office under subsection (5), the Government shall give notice in writing to the Commissioner of that proposal. (7) A notice under subsection (6) shall contain a statement— (a) of the reasons for the proposed removal, (b) that the Commissioner may make representations to the Government in such form and manner as may be specified by the Government, (c) that any such representations must be made within a period of 20 working days from the date of the giving of the notice, or such longer period as the Government may, having regard to the requirements of natural justice, specify in the notice, and (d) that at the end of the period referred to in paragraph (c) or the period specified in the notice, whether or not any representations are made, the Government shall decide whether to remove the Commissioner from office. (8) In considering whether to remove a Commissioner from office under subsection (5), the Government shall take into account— (a) any representations made by the Commissioner in accordance with paragraphs (b) and (c) of subsection (7), and (b) any other matter the Government considers relevant. (9) Where, after giving notice under subsection (6), the Government decides not to remove the Commissioner from office, the Government shall notify the Commissioner in writing of the decision. (10) Where, after giving notice under subsection (6), the Government decides to remove a Commissioner from office, the Government shall— (a) notify the Commissioner in writing of the decision, the reasons for it and the date from which it shall take effect (which shall be a date not earlier than the date of the notice under this paragraph), (b) shall lay before each House of the Oireachtas a statement in writing of the decision and the reasons for it, and (c) shall provide a copy of that statement to the Commissioner. (11) A person shall cease to hold office as a Commissioner if he or she— (a) is adjudicated bankrupt, (b) makes a composition or arrangement with his or her creditors, (c) is convicted of an indictable offence in relation to a company, a body corporate or a trust, (d) is convicted of an offence involving fraud or dishonesty, (e) is nominated as a member of Seanad Éireann, (f) is elected to be a member of either House of the Oireachtas or to be a member of the European Parliament, (g) is regarded pursuant to Part XIII of the Second Schedule to the European Parliament Elections Act 1997 as having been elected to the European Parliament, (h) is elected or co-opted as a member of a local authority, (i) becomes, or acquires a relevant interest in, a provider of communications media, or (j) enters into employment with a provider of communications media, or with an organisation representative of providers of communications media. (12) References to a relevant interest in a provider of communications media in subsection (11)(i) are to be read in accordance with subsections (13) and (14). (13) A person has a relevant interest in a provider of communications media if the person, or a connected person— (a) holds shares or any other proprietary interest in the provider, where the value of the interest exceeds €5,000, (b) holds bonds, debentures, or other like investments in the provider, where their aggregate value exceeds €13,000, (c) holds a directorship or shadow directorship (within the meaning of the Companies Act 2014 ) in the provider, or (d) receives gifts or other benefits from the provider, where their aggregate value exceeds €650. (14) A person also has a relevant interest in a provider of communications media if the person or a connected relative of the person is a party to an arrangement or agreement concerning land (whether or not enforceable) with the provider. (15) In this section— ‘civil partner’ means a civil partner within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 ; ‘connected person’, in relation to a person, means— (a) a connected relative of the person, (b) a person acting on behalf of the person or of a connected relative of the person, (c) a company or other body of which the person or a connected relative of the person, or a nominee of either of them, is a member, (d) a partnership in which the person or a connected relative of the person is a partner, or (e) an employer of the person, or of a connected relative of the person; ‘connected relative’, in relation to a person, means a spouse, partner, civil partner, parent, brother, sister, or child of the person, or a spouse, partner or civil partner of a child of the person (and ‘child’ in this definition includes an adult child). Appointment of Acting Commissioner 13. (1) If a vacancy occurs in the office of a Commissioner, or if a Commissioner is absent from the State or is, for any other reason, unable to perform the functions of a Commissioner, the Minister may appoint a member of the staff of the Commission to perform the functions of the Commissioner (referred to in this section and in section 14 as an ‘Acting Commissioner’, and the term ‘Commissioner’ shall be construed as including an Acting Commissioner). (2) An appointment under subsection (1)— (a) shall be made for a period of not more than 6 months, and (b) subject to paragraph (a), may be made for all or part of the period of vacancy, absence or inability. (3) If, in a case of vacancy, the Minister is satisfied that it is not reasonably practicable for an appointment under section 11 to be made before the end of the period referred to in subsection (2), the Minister may extend the appointment by such further period, not exceeding 6 months, as he or she is satisfied is necessary for an appointment to be made under that section. Chairperson of Commission 14. (1) The chairperson shall carry on, manage, and control generally the staff, administration and business of the Commission. (2) If a vacancy occurs in the office of the chairperson, or if the chairperson is absent from the State or is, for any other reason, unable to perform the functions of the chairperson, the Minister may appoint a Commissioner, other than an Acting Commissioner or a Commissioner appointed under section 11(8), to perform the functions of the chairperson, for all or part of that period of vacancy, absence or inability, and references in this Act to the chairperson of the Commission shall, unless the context otherwise requires, be construed as including references to that Commissioner. Eligibility for appointment as Commissioner or member of staff 15. (1) A person shall be ineligible for appointment as a Commissioner, or as a member of the staff of the Commission, while he or she— (a) is a member of either House of the Oireachtas, (b) is a member of the European Parliament, (c) is a member of a local authority, or (d) is, or has a relevant interest in, a provider of communications media. (2) The reference to a ‘relevant interest’ in subsection (1)(d) shall be construed in accordance with section 12(13) and (14). Meetings of Commission 16. (1) The Commission shall hold such and so many meetings as it considers necessary for the performance of its functions. (2) At a meeting of the Commission— (a) the chairperson shall, if present, be the chairperson of the meeting, or (b) if the chairperson is not present, the Commissioners present shall choose one of their number to be the chairperson of the meeting. (3) Every question at a meeting on which a vote is required shall be determined by a majority of the votes of the Commissioners present and voting on the question and, in the case of an equal division of votes, the chairperson of the meeting shall have a second or casting vote. (4) Subject to subsection (5), the Commission may act notwithstanding one or more vacancies among the Commissioners. (5) The quorum for a meeting of the Commission shall, unless the Minister otherwise directs, be 3. (6) A meeting of the Commission may take place by any means of communication by which all of the Commissioners participating can hear and be heard at the same time. (7) Subject to the provisions of this Act, the Commission shall regulate its procedures in such manner as it determines. Staff of Commission 17. (1) The Commission may, with the approval of the Minister given with the consent of the Minister for Public Expenditure and Reform, appoint such and so many persons to be members of the staff of the Commission as it may determine. (2) The terms and conditions of service of a member of the staff of the Commission shall, with the approval of the Minister given with the consent of the Minister for Public Expenditure and Reform, be determined by the Commission. (3) There shall be paid by the Commission to the members of its staff such remuneration and allowances as the Commission may, with the approval of the Minister given with the consent of the Minister for Public Expenditure and Reform, determine. (4) A member of the staff of the Commission shall, unless otherwise provided for under subsection (2), stand seconded from employment by the Commission and shall not be paid by, nor entitled to receive from, the Commission any remuneration or allowances for the period of that secondment, if he or she is— (a) nominated as a member of Seanad Éireann, (b) elected as a member of either House of the Oireachtas or to be a member of the European Parliament, (c) regarded pursuant to Part XIII of the Second Schedule to the European Parliament Elections Act 1997 as having been elected to the European Parliament, or (d) elected or co-opted as a member of a local authority. (5) Without prejudice to the generality of subsection (4), a period of secondment referred to in subsection (4) shall not be considered as service with the Commission for the purposes of any superannuation benefits. Superannuation 18. (1) The Commission may, with the approval of the Minister given with the consent of the Minister for Public Expenditure and Reform, make a scheme granting superannuation benefits to or in respect of— (a) a Commissioner, or (b) a member of the staff of the Commission. (2) A scheme made under this section shall not provide for the granting of superannuation benefits to or in respect of any person where the Single Public Service Pension Scheme applies to or in respect of that person by virtue of Chapter 2 of Part 2 of the Public Service Pensions (Single Scheme and Other Provisions) Act 2012 . (3) A scheme made under this section shall fix the time and conditions of retirement of all persons to or in respect of whom superannuation benefits are payable under the scheme and different times and conditions may be fixed in respect of different classes of persons. (4) The Commission may, with the approval of the Minister given with the consent of the Minister for Public Expenditure and Reform, amend or revoke a scheme. (5) A scheme shall be carried out by the Commission in accordance with its terms. (6) A scheme shall include provision for appeals from a decision relating to a superannuation benefit under the scheme. (7) No superannuation benefits shall be granted by the Commission to or in respect of a person who is a member of a scheme under this section on ceasing to be a Commissioner or a member of the staff of the Commission otherwise than— (a) in accordance with a scheme or schemes under this section, or (b) with the approval of the Minister, given with the consent of the Minister for Public Expenditure and Reform. (8) A scheme shall be laid by the Commission before each House of the Oireachtas as soon as practicable after it is made and, if a resolution annulling the scheme is passed by either such House within the next 21 days on which that House sits after the scheme is laid before it, the scheme shall be annulled accordingly, but without prejudice to the validity of anything previously done under it. (9) Subsection (8) shall, with all necessary modifications, apply to an amendment to a scheme or a revocation of a scheme as it applies to a scheme. (10) A scheme shall not provide for less favourable conditions in respect of people who immediately before the establishment day were members of the staff of the Authority than those conditions to which they were entitled immediately before the establishment day. (11) Disbursement of superannuation benefits which may be granted to or in respect of persons who, immediately before the establishment day, were members of the staff of the Authority shall not be on less favourable conditions than would apply if the benefits had continued to be paid out of moneys provided by the Authority. (12) In this section, ‘scheme’ means a scheme made under subsection (1). Committees 19. (1) The Commission may establish committees to assist and advise the Commission on matters relating to its functions or on such other matters as the Commission may determine. (2) A committee may include such number of members as the Commission considers appropriate, and may include Commissioners, members of the staff of the Commission or other persons. (3) The Commission shall specify in writing the purpose and terms of reference of each committee. (4) The acts of a committee are subject to confirmation in writing by the Commission unless the Commission dispenses with the necessity for confirmation. (5) The Commission may, at any time, dissolve a committee, or for any reason remove any members of a committee. (6) The Commission may regulate the procedures of a committee but, subject to any such regulation, a committee may regulate its own procedures. (7) Any expenses of a committee shall be considered to be expenses of the Commission. (8) There may be paid by the Commission to members of a committee such allowances for expenses (if any) incurred by them as the Commission may, with the approval of the Minister, given with the consent of the Minister for Public Expenditure and Reform, determine. (9) Without prejudice to the generality of this section, the Commission shall, within one year after the establishment day, establish a committee under this section to be known as the ‘Youth Advisory Committee’. (10) The Youth Advisory Committee shall assist and advise the Commission— (a) in the exercise of its functions under Part 8A in so far as those functions relate to the interests of children and people not more than 25 years of age, and (b) on such other matters as the Commission may determine. (11) The Youth Advisory Committee shall include such representatives as may be nominated at the invitation of the Commission by organisations representing children or people of not more than 25 years of age. (12) At least half of the members of the Youth Advisory Committee shall be not more than 25 years of age. Consultants and advisers 20. (1) The Commission may engage such consultants or advisers as it considers necessary for the performance of its functions. (2) Any fees due to a consultant or adviser engaged under this section shall be paid by the Commission out of moneys at its disposal. (3) The Commission shall have regard to the advice of any consultant or adviser engaged under this section. Power to impose levies 21. (1) The Commission may make an order (a ‘levy order’) imposing a levy on any of the following: (a) providers of audiovisual media services; (b) providers of sound broadcasting services; (c) providers of designated online services. (2) A levy order shall specify the period in respect of which a levy is imposed (the ‘levy period’). (3) Levy periods shall run successively, and shall be the same for all levies imposed. (4) The Commission shall seek to ensure that the amount of all levies imposed under subsection (1) in respect of a levy period is sufficient to meet the Commission’s expenses properly incurred in that period and its working capital requirements in that period, in so far as those expenses and requirements are not met in any other way. (5) In calculating the amount of a levy under any paragraph of subsection (1) in respect of a levy period, the Commission— (a) shall consider the Commission’s expenses in that period in performing functions in relation to services mentioned in that paragraph, as a proportion of its expenses in that period in performing functions in relation to all services mentioned in subsection (1), and (b) shall seek to ensure that the total amount imposed by way of levy under that paragraph in respect of that period, represents a corresponding proportion of the total amount imposed by way of levy under this section in respect of that period. (6) A levy order shall provide for the collection, payment and administration of a levy, including— (a) the method of calculation of the levy, (b) the times at which payment is to be made and the form of payment, (c) requirements for providers subject to the levy to keep relevant records, and to make them available to the Commission, (d) any provision for exemptions, deferrals or refunds, and (e) the consideration of applications by providers for the review of decisions under the order. (7) A levy order— (a) shall not impose a levy on a provider providing only a community broadcasting service, and (b) shall exempt any such service from the calculation of a levy imposed on a provider also providing other services. (8) In subsection (7), ‘community broadcasting service’ means a service provided under a contract under section 64, 68(1)(b), or 72. (9) In making provision by levy order for the method of calculation of a levy and for any exemption or deferral, the Commission shall consider the relevance of the following factors: (a) the financing of a provider, including any public funding; (b) the desirability of promoting new or innovative services; (c) the nature and scale of services provided by a provider; (d) any other factor that may affect the exercise by the Commission of functions in relation to a provider, including, in the case of designated online services, matters referred to in section 139E(3)(d), (e) and (f). (10) Levy orders may (subject to subsection (3)): (a) make different provision for different providers, including providers within the same paragraph of subsection (1); (b) in the case of providers who fall within more than one of those paragraphs, make different provision under different paragraphs. (11) Any surplus of income, from levies imposed in respect of a levy period, over the expenses properly incurred by the Commission in that period and its working capital requirements in that period shall either— (a) be retained by the Commission to be offset proportionately against subsequent levy obligations of the providers on whom the levy was imposed, or (b) be refunded proportionately to those providers. (12) In this section and section 22— ‘levy order’ has the meaning given in subsection (1); ‘levy period’ has the meaning given in subsection (2). Levies under section 21: enforcement and procedure 22. (1) A levy payable under a levy order by any person may be recovered by the Commission from that person as a simple contract debt in any court of competent jurisdiction. (2) A person shall be guilty of a category 2 offence if in purported compliance with a requirement imposed by or under a levy order, he or she provides information to the Commission which is to his or her knowledge false or misleading. (3) A levy order shall be laid by the Commission before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the order is passed by either such House within the next 21 days on which that House sits after the order is laid before it, the order shall be annulled accordingly, but without prejudice to the validity of anything previously done under it. Grant to Commission 23. In each financial year of the Commission, the Minister may advance to the Commission out of moneys provided by the Oireachtas such sums as the Minister may, with the consent of the Minister for Public Expenditure and Reform, determine. Power to borrow 24. The Commission may borrow money (including money in a currency other than the currency of the State) for the purpose of performing any of its functions, subject to the approval of the Minister, given with the consent of the Minister for Public Expenditure and Reform and the Minister for Finance, and any conditions they may determine. Deposits and charges for services 25. (1) The Commission may require a person to pay a deposit of such amount as the Commission considers reasonable in respect of an application made by the person to the Commission for a broadcasting contract. (2) The Commission may charge for services or facilities provided by it. (3) Any surplus of income under subsection (2) over the expenses incurred by the Commission in respect of the provision of the services or facilities concerned in a particular financial year shall be applied in such manner as the Minister, after consultation with the Commission and with the consent of the Minister for Finance and the Minister for Public Expenditure and Reform, may direct and any such direction may require that all or part of such excess be paid into the Exchequer. (4) The Commission may recover any amount due and owing to it under this section from any person as a simple contract debt in any court of competent jurisdiction. Estimates and accounts 26. (1) The Commission shall submit estimates of income and expenditure to the Minister in such form, in respect of such periods and at such times as may be required by the Minister and shall furnish to the Minister any information which the Minister may require in relation to those estimates, including proposals and future plans relating to the performance by the Commission of its functions over a specified period of years. (2) The Commission shall keep, in such form as may be approved by the Minister with the consent of the Minister for Public Expenditure and Reform, all proper and usual books or other records of account of— (a) all moneys received or expended by the Commission, (b) the sources of all moneys received and the reasons for all expenses, and (c) all property, assets and liabilities of the Commission. (3) The books and records referred to in subsection (2) shall include an income and expenditure account and a balance sheet and such special accounts, if any, as the Minister may from time to time direct. (4) The Commission shall, whenever so requested by the Minister, permit any person appointed by the Minister to examine the books or other records of account of the Commission in respect of any financial year, or other period, and shall facilitate any such examination, and the Commission shall pay such fee for the examination as may be required by the Minister. (5) Accounts kept under this section, signed by the chairperson and one other Commissioner or, in the absence of the chairperson, by 2 Commissioners, shall be submitted by the Commission to the Comptroller and Auditor General for audit as soon as practicable after the end of the financial year to which the accounts relate, but not later than 3 months thereafter. (6) When so audited, a copy of the accounts together with a copy of the report of the Comptroller and Auditor General thereon shall be presented by the Commission to the Minister who shall, as soon as practicable but not later than 3 months thereafter, cause copies of them to be laid before each House of the Oireachtas. (7) The Commission shall, with the approval of the Minister, given with the consent of the Minister for Public Expenditure and Reform, publish on a website maintained by the Commission— (a) such estimates of income and expenditure as are required to be submitted under subsection (1), and (b) the audited accounts, or a summary of them, and the report of the Comptroller and Auditor General, presented to the Minister under subsection (6). (8) The financial year of the Commission shall be the period of 12 months ending on the 31st day of December in any year, except that the period commencing on the establishment day and ending on the following 31st day of December shall be the first financial year of the Commission. Accountability of chairperson to Public Accounts Committee 27. (1) The chairperson shall, whenever required in writing to do so by the Committee of Dáil Éireann established under the Standing Orders of Dáil Éireann to examine and report to Dáil Éireann on the appropriation accounts and reports of the Comptroller and Auditor General, give evidence to the Committee in relation to— (a) the regularity and propriety of the transactions recorded or required to be recorded in any book or other record of account subject to audit by the Comptroller and Auditor General that the Commission is required by or under any enactment to prepare, (b) the economy and efficiency of the Commission in the use of its resources, (c) the systems, procedures and practices employed by the Commission for the purpose of evaluating the effectiveness of its operations, and (d) any matter affecting the Commission referred to in a special report of the Comptroller and Auditor General under section 11 (2) of the Comptroller and Auditor General (Amendment) Act 1993 , or in any other report of the Comptroller and Auditor General (in so far as it relates to a matter specified in paragraph (a), (b) or (c)) that is laid before Dáil Éireann. (2) In the performance of his or her duties under this section, the chairperson shall not question or express an opinion on the merits of— (a) any policy of the Government or of a Minister of the Government, or (b) the objectives of such a policy. Accountability of Commissioner to Oireachtas committees 28. (1) The chairperson, if required in writing to do so by a committee, shall attend before it to give account for the general administration of the Commission. (2) Any Commissioner, if required in writing to do so by a comm