The BAI has published a new document entitled Guidance for Public Service Broadcasters (PSB) on the format of a code of fair trading practice. The document has come about as a result of Section 112 of the 2009 Broadcasting Act where each PSB must prepare a code of fair trading practice, setting out the principles that it shall apply when agreeing terms for the commissioning of programming material from independent producers.
The Act further required the BAI to prepare Guidance for the PSBs on the format of the code of fair trading practice. Said documents are now completed following consultation with statutory stakeholders, namely the Minister for Communications, Energy and Natural Resources, RTÉ, TG4, the Association of Independent Radio Producers of Ireland (AIRPI) and Screen Producers Ireland (SPI).
The BAI guidance doc outlines the requirements of Section 112 which states that both RTÉ and TG4 must prepare and publish a code of fair trading practice which sets out the principles that each broadcaster will apply when agreeing terms for the commissioning of programming material from independent producers. It also explains that, following consultation with representative bodies, the BAI shall, within 12 months of the passing of the Act and every fourth year thereafter, prepare and issue guidance to PSBs on the format of a code.
The Act directs RTÉ and TG4 to include in its code reference to its approach to acquisition of rights; multi-annual commissioning and its timetable for contractual negotiations. One of the key points to be covered in the broadcasters’ respective codes is the question of programme ownership; the BAI outlines that “an independent producer should own the rights in a programme which is commissioned from that producer unless those rights are explicitly acquired by a broadcaster or another party or parties.”
RTÉ and TG4 must now prepare a code each and submit it to the Minister of Communications, Energy and Natural Resources, Pat Rabbitte, for approval. Each of the broadcasters must agree a deadline for delivery of their codes with the department directly as the BAI have not set one. Following this, Minister Rabbitte shall consider both codes with consultation with the BAI. On approval by the Minister of a code, it shall officially come in to force.
As stated in the guidelines of Section 112 of the 2009 Broadcasting Act, the BAI will then undertake a review of the Guidance document no later than four years from now. To read the BAI’s Guidance doc click here.
