Designation of sporting events

|Initiation of review in 2009|   |Statutory Public Consultation 2010|  
|Submissions Process|   |Background|      |Designation Process|  
|Criteria for Deciding Which Events Can Be Designated|
|Press Notice (English) / (Gaeilge)

Initiation of review in 2009

A review, in accordance with section 173 of the Broadcasting Act, 2009 incorporating a public consultation process during which submissions were invited from members of the public on the existing list of designated events and the possible designation of additional events was initiated in 2009. The events currently designated under the Broadcasting Act, 2009 are as follows:

Statutory Public Consultation 2010

The Minister for Communications, Energy and Natural Resources now proposes that the following events be added to the list and invites comments from the public and interested parties.

Gaelic Games

Provincial Finals in the Senior Football and Hurling Championships

All Ireland Championship Senior Football and Hurling Quarter finals and Semi finals.

Rugby

Ireland’s games in the Six Nations Rugby Football Championship (move from deferred to live basis)

European Rugby Cup (qualifiers - pre quarter final stages - quarter finals, semi finals and final when an Irish team is participating) live

Horse Racing

The Cheltenham Festival

Submission Process

The closing date for submissions is 17.30hrs on Friday 4th June, 2010. (Submission deadline extended by one month to 4th July, 2010 but as this is a Sunday, submissions will be accepted to 12 noon Monday the 5^th July).

Submissions can be made as follows:

• By e-mail to broadcast@dcenr.gov.ie
• By post to:

Major Events Coverage,
Broadcasting Policy Division,
Department of Communications, Energy and Natural Resources,
29-31 Adelaide Road, Dublin 2.

• Posted electronically to www.dcenr.gov.ie/forum

The Department proposes to publish all submissions received on its website. Respondents should clearly identify material that is confidential and which may not be published. The provisions of the Freedom of Information Acts 1997 to 2003 apply.

Advertisments will appear shortly in national and Irish language publication in relation to this consultation.  To see a copy of the advert in Irish, please follow this link, to see a copy of the advert in English please click here.

Background

The Audiovisual Media Services Directive provides that Member States of the European Union may designate certain sporting and cultural events as being of major importance to society and that events so designated should continue to be available on a free television service. It is a matter for each individual Member State to decide whether or not to draw up a list.

The Directive obliges Member States to provide national legislation as the statutory basis for designating events. The Broadcasting Act 2010 fulfils Ireland’s obligation in this regard. The Broadcasting (Major Events Television Coverage) Act 1999 (Designation of Major Events) Order 2003 specifies the current list of events.

Designation Process

The Broadcasting Act 2009 sets out the procedure that must be followed by the Minister for Communications, Energy and Natural Resources in relation to the designation of events. The procedure is as follows:

The Minister must

- consult with organisers of the event the Minister intends to designate and broadcasters
- publish a notice of the event which the Minister intends to designate and invite comments on the intended designation from members of the public
- consult with the Minister for Tourism, Culture and Sport 
- lay a draft of the order designating events before each House of the Oireachtas for approval.

In addition, the Audiovisual media Services Directive requires Ireland to inform the European Commission of the events to be designated. The Commission has a period of three months to verify that the list is compatible with Community Law, to notify other Member States and to seek the opinion of the Committee established pursuant to Article 23a of the Audiovisual media Services Directive. The designation will only be effective after the Commission has published the list in the Official Journal.

Criteria for deciding which events can be designated

Section 162 of the Broadcasting Act, 2009 provides that the Minister for Communications, Energy and Natural Resources may by order

- designate events of major importance to society for which the right of a qualifying broadcaster to provide coverage on free television services should be provided in the public interest and
- determine whether coverage of a designated event should be available on a live, deferred or both live and deferred basis and in whole, or in part or both in whole or in part.

Should the Minister decide to designate certain events he must have regard to all the circumstances and in particular

- the extent to which the event has a special general resonance for the people of Ireland;
- the extent to which the event has a generally recognised distinct cultural importance for the people of Ireland.

In determining the extent to which the criteria have been met, the following factors may be taken into account by the Minister:

- whether the event involves participation by a national or non-national team or by Irish persons;
- past practice or experience with regard to television coverage of the event or similar events.

In making a determination as to whether coverage of a designated event should be available on a live, deferred or both live and deferred basis and in whole, or in part or both in whole or in part the Minister must consider

- the nature of the event,
- the time within the State at which the event takes place and
- the practical broadcasting considerations.