Minister for Culture, Communications and Sport, Patrick O’Donovan, has  announced government approval of the General Scheme of the Media Regulation Bill, which will implement the European Media Freedom Act (EMFA) in Ireland.

EMFA is an EU regulation which puts in place new rules to protect media pluralism and independence and seeks to ensure that media can operate more easily across borders in the EU.

If and when enacted, the changes will affect how media mergers are reviewed in Ireland and what types of transactions require approval. They are particularly relevant for international media companies, digital platforms, and entities considering acquisitions of media businesses in the Irish market.

It broadens the definition of media. The proposed legislation updates the definition of “media business” to reflect the modern media landscape. The new definition will include traditional print and broadcast outlets, as well as online platforms that make news or media content available to the Irish public (e.g. news aggregators, video-sharing platforms, certain social media networks). This means that digital-first or tech-based businesses may now fall within the scope of the media merger regime, even if they were not traditionally considered “media” businesses.

Welcoming the approval of the General Scheme, Minister O’Donovan said, “A free and independent media is a cornerstone of democracy and plays a vital role in informing the public and holding powerful institutions and interests to account. EMFA will protect media freedom and pluralism across the EU, and provide a stable and safe environment for the media to operate and grow in.

“Ireland already has a robust regulatory framework designed to protect media freedom and independence, which is well aligned with EMFA, and the implementation of EMFA through the Media Regulation Bill will strengthen these existing protections.”

The General Scheme will amend the existing framework for media mergers under the Competition Act to align with EMFA, including bringing transactions involving online platforms into scope, and will see responsibility for the assessment of media mergers transfer from the Minister to Coimisiún na Meán.

The legislation will also provide for increased transparency around state expenditure on advertising. Public bodies will be required to report annually on their advertising spend and Coimisiún na Meán will be tasked with monitoring and producing an annual report based on this information.

Minister O’Donovan said, “The media mergers regime is an essential element of Ireland’s regulatory framework for media and provides important protections for media plurality and diversity. It is vital that the media mergers regime operates effectively, and is modernised, as the media landscape, both in Ireland and internationally, continues to evolve.”

 

In its current form, the new media merger regime will capture a wider range of transactions, including some involving tech platforms and digital businesses, introduce more structured and transparent review procedures, require additional regulatory filings and timelines for certain deals, and increase the risk of regulatory scrutiny for complex cross-border acquisitions.

The Government approved a draft bill during the summer, that will give effect to the main elements of the EMFA in Irish law. Under the Media Regulation Bill, responsibility for the assessment of media mergers will transfer from the Minister for Culture, Communications and Sport to Coimisiún na Meán (CnaM).

The Government has said that, while most of the EU act’s provisions are in line with the existing regulatory framework in Ireland, legislation is needed to fully implement some elements in Irish law.

 

NB – This is a guide for information purposes only and does not constitute legal advice. If you have an issue requiring legal advice, please contact any of the team at Nolan Farrell & Goff LLP, whose numbers can be found on our website www.nfg.ie, or email info@nfg.ie.