Department of Communications, Climate Action and Environment (DCCAE)
Observations on the National Sports Policy Framework January 2017
Any consideration of the issue of sports rights would need to take account of the existence of
the provisions relating to the designation of events of major importance for free-to-air
broadcasting under the Broadcasting Act 2009.
An information note on the designation process and a copy of the existing designation order
SI 99 of 2003 are set out in the Annex.
Annex
Information Note on the Designation of Major Events
The Broadcasting Act 2009 provides that the Minister for Communications, Climate Action
and Environment may designate certain sporting and cultural events of major importance to
society in order to make them freely available on national television.
The events currently designated since 2003 are as follows:
Live:
- The Summer Olympics
- The All-Ireland Senior Inter-County Football & Hurling Finals
- Ireland’s home and away qualifying games in the European Football Championship and the
FIFA World Cup Tournaments
- Ireland’s games in the European Football Championship Finals Tournament and the FIFA
World Cup Finals Tournament
- Ireland’s games in the Rugby World Cup Finals Tournament
- The Irish Grand National and the Irish Derby
- The Nations Cup at the Dublin Horse Show
Deferred:
- Ireland’s games in the Six Nations Rugby Football Championship
Legislative Context
The legislative context for designation is governed by both European and Irish legislation. At
the European level, the Audio-Visual Media Services Directive or EC Directive 2007/65/EC
of 11 December 2007 (the ‘Directive’) provides that Member States of the European Union
(EU) may designate sporting and cultural events as being of major importance to society and
that events so designated should be available on a free-to-air television service. It is a matter
for each individual Member State to decide whether or not to draw up a list of designated
events and it is a matter for the European Commission to decide that the list of proposed
designated events is compatible with the Community law
The Directive requires Ireland to inform the European Commission of the events to be
designated. The Commission then 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 Directive (Contact Committee). The
designation will only be effective after the Commission has published the list in the Official
Journal.
The Directive obliges Member States to provide national legislation as the statutory basis for
designating events. The Directive has been transposed into Irish law by the Broadcasting
Act, 2009.
 Section 162 of the Broadcasting Act, 2009 provides that the Minister 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, regard must be had to all the
circumstances and in particular:
 The extent to which the event has a special general resonance for the people of
Ireland; and
 The extent to which the event has a generally recognised distinct cultural importance
for the people of Ireland.
Consideration of both circumstances is required to assess whether a given event is of “major
importance to society” under the 2009 Act.
Consultation with the Minister for Transport, Tourism and Sport
Section 162 (5) of the Broadcasting Act 2009 also provides that ‘The Minister shall consult
with the Minister for Arts, Sport and Tourism before making, revoking or amending an order
under this section’.
Current Review
A review is conducted every three years. An initial consultation for the current review was
launched in June 2014 with 44 submissions received. This was followed by a public
consultation launched in May 2015 seeking submissions from interested parties on the current
list and the possible designation of three additional events as follows:
- Ireland’s games in the Six Nations Rugby Football Championship on a live basis
- The All Ireland Senior Ladies Football Final
- The All Ireland Senior Camogie Final
Consultants were engaged in October 2015 to conduct a full review of the list of events
currently designated, those events proposed for designation and submissions received from
interested parties during the public consultation.
Arising out of this review, the Minister proposes to maintain all of the events currently listed
including the current designation of Six Nations on a ‘Deferred’ basis. He also proposes to
designate the Senior Ladies Football and Camogie Finals live free to air basis. The proposals
have been submitted to the EU for approval.
S.I. No. 99/2003 - Broadcasting (Major
Events Television Coverage) Act 1999
(Designation of Major Events) Order 2003
I, Dermot Ahern, Minister for Communications, Marine and Natural Resources, in exercise
of the powers conferred on me by subsection (1) of section 2 of the Broadcasting (Major
Events Television Coverage) Act 1999 (No. 28 of 1999) and the Broadcasting (Transfer of
Departmental Administration and Ministerial Functions) Order 2002 ( S.I. No. 302 of 2002
(as adapted by the Marine and Natural Resources) (Alteration of Name of Department and
Title of Minister) Order 2002 ( S.I. No. 307 of 2002 )) after consultation with the Minister
for Arts, Sport and Tourism as provided for by subsection (6) (as adapted by the Tourism,
Sport and Recreation (Alteration of Name of Department, Title of Minister) Order 2002 (
S.I. No. 307 of 2002 )) of that section, hereby make the following order with respect to
which pursuant to subsection (7) of that section, a draft has been laid before each House of
the Oireachtas and a resolution approving the draft has been passed by each such House:
1. This Order may be cited as the Broadcasting (Major Events Television Coverage) Act
1999 (Designation of Major Events) Order 2003.
2. The events specified in the Schedule to this Order are designated as events of major
importance to society for which the right of a qualifying broadcaster to provide coverage on
a live basis on free television services should be provided in the public interest.
3. Each of Ireland's games in the Six Nations Rugby Football Championship is designated
as an event of major importance to society for which the right of a qualifying broadcaster to
provide coverage on a deferred basis on free television services should be provided in the
public interest.
SCHEDULE
Regulation 2
The Summer Olympics
The All-Ireland Senior Inter-County Football and Hurling Finals
Ireland's home and away qualifying games in the European Football Championship and the
FIFA World Cup Tournaments
Ireland's games in the European Football Championship Finals Tournament and the FIFA
World Cup Finals Tournament
The opening games, the semi-finals and final of the European Football Championship Finals
and the FIFA World Cup Finals Tournament
Ireland's games in the Rugby World Cup Finals Tournament
The Irish Grand National and the Irish Derby
The Nations Cup at the Dublin Horse Show
GIVEN under my Official Seal,
13 March, 2003.
Dermot Ahern, T.D.,
Minister for Communications,
Marine and Natural Resources.