IRELAND: Attempts by the Irish Government to regulate satellite channels like Sky have been dealt a severe blow following opposition from the EU Commission. The Minister for Communications, Mr Ahern, has long supported regulation of Sky and other channels beaming their signals into the Republic, writes Emmet Oliver
But this has been fiercely resisted by Sky and channels such as Nickelodeon and MTV, which insist they are already regulated in Britain.
At an EU Informal Broadcasting Council meeting member-states discussed the idea of amending the Television Without Frontiers directive to allow regulation of stations like Sky which beam their signal into other jurisdictions.
After the meeting Mr Ahern told reporters there was "significant interest" in examining the issue of television services beamed specifically from one country into another.
But on the specific idea of regulating these channels in Ireland, Mr Ahern's position was not supported by the EU Commissioner for Audiovisual Affairs, Ms Viviane Reding. Mr Ahern acknowledged to reporters later that Ms Reding and himself were not "ad idem" on the issue.
She said that under the Treaty of Rome there was free movement of goods and services throughout the EU, and the country of origin was the only thing that counted in relation to broadcasting services.
The "originating country" was responsible for regulation and licensing. "That is the general rule of the common market. It is not possible to change that," she said.
Mr Ahern said that, while accepting this point, several countries broadly supported the Irish position of reviewing the regulatory environment.
In a statement issued after the meeting he said: "Ireland has addressed the issue of television broadcasting services that are regulated by one member-state but intended primarily for reception in another. Ireland contends that such services should only be subject to the regulation of one member-state but that it should be regulation of the member-state that is targeted that should apply," he said.
The issue is especially relevant just now because the Government intends to ban certain forms of alcohol advertising on Irish television.
Some observers have warned that RTÉ and TV3 could end up being forced to operate some kind of watershed on alcohol advertising, while British channels find a way to circumvent the legislation.
Mr Ahern said the Government should press ahead and restrict the advertising of alcohol, but he admitted it could not force channels such as Sky, Nickelodeon and MTV to comply.
"We will only be able to gear that legislation at 50 per cent of the viewership in Ireland. If a country wants to restrict advertising in relation to minors or alcohol, they should be able to do that. Presently we have no such powers," he said.