From Department of Tourism, Culture, Arts, Gaeltacht, Sport and Media
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Minister Martin announces Government approval of the General Scheme of the Broadcasting (Amendment) Bill
• Comptroller & Auditor General to be assigned as auditor of RTÉ
• Funding schemes for the wider media sector to be placed on statutory basis, including the €6 million allocation to news and current affairs in Budget 2025
Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media, Catherine Martin T.D., has today announced Government approval of the General Scheme of the Broadcasting (Amendment) Bill that will enhance accountability, transparency and value-for-money in our public service media providers, RTÉ and TG4, and establish a new statutory framework to support the provision of public service content by the wider sector.
To implement recommendations made by the Expert Advisory Committee (EAC) on Governance and Culture in RTÉ and provisions of the European Media Freedom Act (EMFA), the General Scheme will reform the legislation underpinning corporate governance in RTÉ and TG4. This will include assigning the Comptroller and Auditor General as auditor of RTÉ, and measures to strengthen the authority, role and functions of the Boards of RTÉ and TG4.
The General Scheme will also increase transparency and value-for-money by reforming the system of assessing the performance and funding of RTÉ and TG4 by giving Coimisiún na Meán greater authority to identify targets, assess performance, and hold RTÉ and TG4 to account for their performance in line with the recommendations of the Future of Media Commission (FOMC). To improve accountability, the General Scheme will also enhance the independence and authority of the Audience Councils of RTÉ and TG4, which represent the views of audiences to RTÉ and TG4.
Welcoming the approval of the General Scheme, Minister Martin said:
“I have always underscored the importance of public service media to our society and to our democracy. For that reason, as Minister, I have actively supported funding them adequately to deliver on their public service mandates, securing a 62% increase in funding for TG4 since taking office and a multi-annual funding settlement to support RTÉ to meet its new strategy.
I have also been clear that additional public funding requires reform, meaning stronger transparency, accountability and value-for-money. RTÉ have already committed to a significant programme of reform based on the recommendations of the Expert Advisory Committees I appointed last July. These actions will be now be underpinned by legislative measures to reform the corporate governance of RTÉ and TG4. Critically, financial oversight of RTÉ will be strengthened by the appointment of the Comptroller and Auditor General as auditor of RTÉ.
The General Scheme will also enhance the role of Coimisiún na Meán as our independent media regulator in assessing the performance and funding of RTÉ and TG4. This will enable the public to assess how our public service media providers are fulfilling their public service remit and providing value for money every year. These reforms to the assessment framework for our public service media providers will drive further accountability and transparency, while also ensuring the independence of our public service media providers from Government.”
In line with the recommendations of the Future of Media Commission, the General Scheme will convert the statutory Broadcasting Fund to a platform-neutral Media Fund, which will fund schemes prepared by Coimisiún na Meán to support the production, distribution and archiving of public service content. This includes the Local Democracy and Courts Reporting Schemes currently being rolled-out on an administrative basis by Coimisiún na Meán and additional Schemes such as Digital Transformation in the coming year.
The legislation will also broaden the scope of the Sound and Vision Scheme to allow for news and current affairs, which will enable the dispersal of the additional €6 million allocated to commercial broadcasters in Budget 2025.
Under the General Scheme, Coimisiún na Meán will be required to prepare a review of public service content provision every three years, the first of which must be prepared by 30 June 2026. This review will guide the design and implementation of further media funding schemes.
Welcoming the new statutory framework for public service content provision, Minister Martin said:
“Public service content benefits all of society and although our national broadcasters RTÉ and TG4 play a pivotal role, many other independent media providers also provide valued content. As Minister, I have provided significant additional support for the production of public service content, on top of the 7% of net TV Licence fee receipts that are allocated to the Broadcasting Fund.
Since taking office in 2020, I have secured an additional €34.4 million in Exchequer funding for Sound and Vision. This includes a €6 million for news and current affairs in 2025, ring-fenced for the independent radio and television sector. I have also allocated €6 million to fund the Local Democracy and Courts Reporting Schemes this year, and €10 million to fund these and further schemes in 2025.
By converting the Broadcasting Fund to a platform-neutral Media Fund, the General Scheme will provide a framework to support the provision of high-quality public service content to our increasingly diverse people the coming years.”
The General Scheme will be referred to the Joint Oireachtas Committee on Tourism, Culture, Arts, Sport and Media for pre-legislative scrutiny.
Notes to editors
Future of Media Commission
In July 2022, the Government published the report of the Future of Media Commission (FOMC) and accepted, in principle, 49 of its 50 recommendations. In January 2023, the Minister published an Implementation Strategy setting out the actions that would be taken to implement the recommendations of the FOMC, including the publication of a General Scheme to give effect to a number of its recommendations. Key recommendations that will be given a legislative underpinning in the General Scheme include:
• Recommendations 6 – 1 to 6 – 7 and 8 – 5 on the conversion of the existing Broadcasting Fund to a platform-neutral Media Fund, to allow for public service content and public service content providers to be supported and allow a wider range of content to funded under existing schemes, such as the inclusion of news and current affairs under the Sound and Vision Scheme;
• Recommendations 5 – 1, 5 – 3, 8 – 2, and 8 – 3 as they relate to a more effective system to assess the performance and funding of public service media providers and enhance transparency and accountability in that regard, and to an enhanced role for Audience Councils.
Expert Advisory Committee on Governance and Culture
In May 2024, the Government published the Independent Review of the Governance and Culture of RTÉ prepared by an Expert Advisory Committee (EAC) chaired by Professor Niamh Brennan and accepted, in principle, all of its recommendations. In June 2024, the Department published an Implementation Plan which included an action to bring forward a General Scheme in Q3 2024. The General Scheme gives effect to the following recommendations:
• Recommendations 6.31 and 6.37 on the assignment of the Comptroller and Auditor General as auditor of RTÉ; and
• Recommendations 4.1, 5.1, 5.15, and 5.19 as they apply to the Board, Board Committees and Directors General of RTÉ and TG4.
Reforming the corporate governance of RTÉ and TG4
The General Scheme provides for a range of measures to reform the legislative basis for the governance of the public service media providers to enhance accountability, transparency and value-for-money while also strengthening their independence from Government. As part of these reforms the Comptroller and Auditor General (C&AG), who already audits TG4, will be assigned as an auditor of RTÉ. The C&AG will undertake the following activities as regards RTÉ:
• carry out an annual audit of RTÉ’s accounts under section 5 of the Comptroller and Auditor General (Amendment) Act 1993;
• carry out, where the C&AG considers it appropriate, a value-for-money (VFM) examination under section 9 of the Comptroller and Auditor General (Amendment) Act 1993;
• prepare, under section 11 of the Comptroller and Auditor General (Amendment) Act 1993:
o on foot of its annual audit, an audit report and the annual accounts;
o on foot of an annual audit or any VFM examination, any special report that so arises.
The RTÉ Board will retain the authority to, in addition to the mandatory annual audit by the C&AG, appoint a regulated private sector auditor.
The functions and duties of the Boards of RTÉ and TG4 will be strengthened in accordance with recommendations of the EAC. This will include a specific function to put in place arrangements for the management and accountability of the Directors General in their capacity as chief executive officers of the public service media providers.
The General Scheme provides for expanded functions, duties, accountability, appointment and dismissal of the Directors General of RTÉ and TG4. In accordance with European Media Freedom Act (EMFA), the Government will no longer have a role in consenting to the appointment of a Director General. The approval of the Minister and Minister for Public Expenditure, NDP Delivery and Reform will still be required to determine the remuneration and terms and conditions of a Director General. This will further ensure the independence of our public service media providers from Government, which is one of the key objectives of EMFA.
The General Scheme, significantly expands the role of Audience Councils of RTÉ and TG4 as independent bodies and provides for their express independence from RTÉ, TG4 and Coimisiún na Meán. The members of the Audience Council will now be appointed by Coimisiún na Meán following a public selection competition, rather than the public service media provider, and members of the Boards or staff or RTÉ or TG4 and staff members and Commissioners in Coimisiún an Meán will no longer be permitted to be members of an Audience Council.
An enhanced framework for assessing the performance and funding of RTÉ and TG4
In line with the recommendations of the FOMC, provisions of EMFA regarding the transparency and independence of funding recommendations for public service media providers, and the need to improve accountability, transparency and value-for-money in RTÉ and TG4, the General Scheme provides for a reformed system for assessing the performance and funding of RTÉ and TG4:
• The review of the adequacy of public funding of RTÉ and TG4 will be prepared by Coimisiún na Meán every 3 years (instead of every 5) and carried out in accordance with a methodology published by Coimisiún na Meán. The review will replace the annual statement of performance commitments, under which RTÉ and TG4 set out their own performance commitments and metrics. Instead, through the reformed review, Coimisiún na Meán, will set out the performance commitments and outputs and associated indicators and metrics of RTÉ and TG4 for a 3-year period, on the basis of a submission made by RTÉ and TG4 in accordance with the review methodology. The existing practice of the regulator making a recommendation to the Minister on the appropriate public funding level for RTÉ and TG4 for the period under review is being retained.
• The statements of strategy prepared by RTÉ and TG4 will now be every 3 years (instead of every 5) and will be prepared within six months of the response of the Government to the 3-year review of public funding.
• The existing annual review of performance and public funding will be significantly strengthened with further accountability and transparency provisions and be submitted to the Minister (and subsequently laid before the Oireachtas) by Coimisiún na Meán in two parts throughout the year:
o the first part, to be submitted by 30 June in each year, will, inter alia, review whether, in the context of 3-yearly review, RTÉ and TG4 met its performance commitments in the previous year and recommend a level of public funding for RTÉ and TG4 for the current and coming financial years;
o the second part, to be submitted by 31 October in each year, will review compliance of the funding of RTÉ and TG4 with specific State aid-related rules set out in the Broadcasting Act 2009.
At present, the cost of assessing the funding and performance of RTÉ and TG4 is borne by all broadcasting services through Coimisiún na Meán’s industry levy. The General Scheme provides that the Coimisiún na Meán shall recoup the cost of the enhanced assessment system by way of a levy on RTÉ and TG4 only. This will ensure that the commercial broadcasting sector is not cross-subsidising regulatory activities related solely to RTÉ and TG4.
The General Scheme also provides that Coimisiún na Meán may appoint a Public Service Media Review Committee, composed of experts and key stakeholders, to advise it in conducting each of the reviews set out above. This will ensure that the regulator has access to a range of expertise in areas such as the economics, corporate governance, and operation of the media sector when undertaking its reviews.
To align with the multi-annual public funding commitment agreed by Government in July 2024 the new assessment cycle will take full effect from 2028. Subject to enactment in 2025, elements of the new system will be phased in as follows:
• The first 3-yearly review of the adequacy of public funding for the period 2028 – 2030 will be delivered to the Minister by June 2027 and will contain performance commitments for RTÉ and TG4 for the period. The 3-yearly review will supersede the extant 5-year review for the period 2023 – 2027 which will be prepared by Coimisiún na Meán under the current system.
• The current TG4 strategy runs from 2023 – 2027 and the current RTÉ strategy runs from 2025 – 2029. Following the completion of the 3-year review of public funding in 2027, both RTÉ and TG4 will be required to prepare new 3-year statements of strategy for the years 2028 – 2030 to align with the new assessment cycle.
• From 2026, Coimisiún na Meán will prepare the reformed annual review of performance and public funding in respect of the year 2025 and every year thereafter. This is to ensure that the new accountability and transparency measures come into effect as soon as is practicable.
A new framework for public service content provision
The General Scheme provides for a new framework to support the production, distribution and archiving of public service content to be made available on public service content providers. The General Scheme sets out definitions of public service content and public service content provider:
• Public service content is defined as content which informs, educates or entertains and which relates to a wide range of categories such as Irish culture, music, language, history, heritage, society and sport and other matters inherent to Ireland and the people of the island of Ireland. To qualify as public service content, the content must be:
o a sound or audiovisual programme, which may be broadcast or made available in a video-on-demand service (i.e. the RTÉ Player) or other type of catalogue (such as a podcast series made available on a newspapers website or other service);
o anything published in a newspaper or magazine (whether online or offline); or
o content which is made available on an online service (such as a video-sharing platform service) by a public service content provider (i.e. short videos shared by a newspaper).
• A public service content provider may include publishers of newspaper and magazine (whether online or offline), providers of broadcasting services, providers of video-on-demand services and providers of ‘podcasts’. To qualify under this definition, providers must be subject to regulatory requirements and oversight by a regulatory authority (e.g. Coimisiún na Meán in the Irish context) or adhere to codes or standards set by a widely recognised self-regulatory body (such as the Press Council).
The General Scheme also sets out a definition of ‘under-served audiences’ to provide for the needs of communities who may be under-served in respect of public service content relevant to their community.
The new framework set out in the General Scheme is composed of three key elements:
• A review of the provision of public service content by public service content providers in the State will be carried out by Coimisiún na Meán every three years, which will be submitted to the Minister and published. This review will provide the basis for Coimisiún na Meán to assess gaps in public service content provision and to recommend measures to address those gaps (including regarding the needs of under-served audiences), in particular the making of funding schemes. The General Scheme also provides that Coimisiún na Meán may appoint a Public Service Content Review Committee, composed of experts and key stakeholders, to advise it in conducting the review.
• The existing statutory Broadcasting Fund will be converted to a Media Fund, administered by Coimisiún na Meán. The Fund will continue to be funded on an annual basis by 7% of net television licence fee receipts and an Exchequer allocation. For 2025, €16 million in Exchequer funding has been allocated by the Minister, including €6 million in funding for the provision of news and current affairs content by commercial broadcasters through an expanded Sound and Vision Scheme. In the medium and longer-term, it is expected that the review of the provision of public service content will provide guidance as to the requisite level of Exchequer funding required to fund existing and further schemes.
• Out of the resources available to the Media Fund, Coimisiún na Meán will prepare media funding schemes to support the production, archiving and distribution of public service content to be made available to the public by a public service content provider. Funded public service content will be required to be made available to the public free of charge, to be accessible, insofar as it is practicable, to the people of the island of Ireland and to under-served audiences. The new framework allows Coimisiún na Meán the flexibility to tailor schemes as appropriate to take account of the needs of audiences and of public service content providers. This includes the option to make schemes that ring-fence funding for specified categories of public service content providers, for specified types of public service content, for specified geographical areas or require a proportion of funding to be allocated to independent producers of audiovisual or sound programmes.
Subject to provisions to ensure a seamless transition in respect of existing schemes such as the Sound and Vision Scheme, it is intended that the General Scheme provide the single over-arching legislative basis for the making of all media funding schemes. In particular, the existing Sound and Vision Scheme will continue to operate until an expanded scheme (to include provision for funding of news and current affairs content) has been cleared for State aid purposes.
European Media Freedom Act
The EU European Media Freedom Act aims to strengthen the internal market for media services, and protect media pluralism and media independence in the EU by harmonising certain national rules and procedures. The Minister will consider responses from the public consultation regarding the transposition of EMFA into Irish law. Article 5 of EMFA contains measures to safeguard the independence of public service media providers, which will be implemented in Irish law by the General Scheme.