IrelandMedia Service Code and Media Service Rules for Audiovisual On-demand Media Service Providers (Coimisiún na Meán), Rule 16, accessibility of audiovisual on-demand services
Media Service Code and Media Service Rules Audiovisual On-demand Media Service Providers, Coimisiún na Meán, November 2024, made under the Broadcasting Act 2009, ss. 46N and 46O, Rules 7, 10 and 16
In force since .
An accessibility requirements rule binding public and private bodies.
What it requires
- If you provide an audiovisual on-demand media service under the jurisdiction of the State, take proportionate measures to make the programmes on your service continuously and progressively more accessible to persons with disabilities through subtitling, captioning, sign language and audio description (Rules 10 and 16.1).
- Develop an accessibility action plan, agree it with Coimisiún na Meán, give it the first plan within six months of the Rules' publication and a plan annually after that, in an accessible format suitable for publication (Rules 16.2, 16.3 and 16.5).
- Adhere, so far as practicable, to the quality standards for access services that the Commission applies (Rule 16.7).
- Where your service carries emergency information, including public announcements in natural disaster situations, provide it in a manner accessible to persons with disabilities (Rule 16.8).
- Report to the Commission on the implementation of each agreed plan, and keep systems and controls that demonstrate your compliance with the Rules (Rules 16.9 and 7.2).
These lines are LexLint's reading of the law's text.
If you get it wrong
Penalty structure
A failure to comply with the Rules is a contravention for the purposes of Part 8B of the Broadcasting Act 2009 (s. 46O(11)). Section 139ZW(1) caps the administrative financial sanction at EUR 20,000,000 for an individual and, for a provider that is not an individual, at EUR 20,000,000 or, if greater, 10 per cent of the turnover attributable to the service which gave rise to the contravention in the preceding financial year. A decision takes effect only when confirmed by a court (s. 139ZS(2)).
- Rule
- Higher of
- As of
- Currency
- EUR
- Fixed cap
- 20,000,000
- Turnover percentage cap
- 10
Who enforces it
Enforcement body
Coimisiún na Meán, which receives complaints that a media service provider of on-demand services has not complied with the Code and Rules through its Contact Centre, and for which a failure to comply with the Rules is a contravention under Part 8B of the Broadcasting Act 2009, open to an administrative financial sanction
What it reaches
Instrument type
a regulation made under an act
Applicability criteria
- As of
- Combinator
- Any of
- Criteria
- a media service provider providing an audiovisual on-demand media service under the jurisdiction of the State within the meaning of Section 2A of the Act
What this law does
The Rules apply to media service providers providing audiovisual on-demand media services under the jurisdiction of the State, and give effect to Article 7 of the Audiovisual Media Services Directive for them. Rule 16.1 requires each provider to take proportionate measures to make its programmes continuously and progressively more accessible to persons with disabilities through subtitling, captioning, sign language and audio description.
Rules 16.2 and 16.3 require an accessibility action plan agreed with the Commission, the first within six months of publication and annually after that. Rule 16.8 requires emergency information to be accessible to persons with disabilities. A failure to comply with the Rules is a contravention for the purposes of Part 8B of the Broadcasting Act 2009.
Section 46O(11) of the Broadcasting Act 2009 makes a failure to comply with a media service rule a contravention for the purposes of Part 8B. A decision that a contravention has been committed, or to impose a sanction, does not take effect unless a court confirms it.
When LexLint raises it
When your app profile says your app ships a consumer interface.
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