STATUTORY INSTRUMENTS . 
 
 
 
 
S.I. No. 357 of 20 22 
 
 
 
 
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EUROPEAN UNION (COPYRIGHT AND RELATED RIGHTS 
APPLICABLE TO CERTAIN ONLINE TRANSMISSIONS AND 
RETRANSMISSIONS) REGULATIONS 2022  
 
  
2  [357] 
 
S.I. No.  357 of 2022 
 
EUROPEAN UNION (COPYRIGHT AND RELATED RIGHTS 
APPLICABLE TO CERTAIN ONLINE TRANSMISSIONS AND 
RETRANSMISSIONS) REGULATIONS 2022  
 
I, CATHERINE MARTIN , Minister for Tourism, Culture, Arts, Gaeltacht, 
Sport and Media, in exercise of the powers conferred on me by section 3 of the 
European Communities Act 1972 (No. 27 of 1972) and for the purpose of 
giving effect to Directive (EU) 2019/789 of the European Parliament and of the 
Council of 17 April 20191 and of giving further effect to Council Directive 
93/83/EEC of 27 September 19932, hereby make the following regulations:  
 
1. These Regulations may be cited as the European Union (Copyright and 
Related Rights applicable to certain Online Transmissions and 
Retransmissions) Regulations 2022.  
 
2. (1) In these Regulations - 
“Act of 2000” means the Copyright and Related Rights Act 2000 (No. 28 of 
2000);  
“Directive” means Directive (EU) 2019/789 of the European Parliament and of 
the Council of 17 April 2019 laying down rules on the exercise of copyright 
and relate d rights applicable to certain online transmissions of broadcasting 
organisations and retransmissions of television and radio programmes, and 
amending Council Directive 93/83/EEC1. 
(2) A word or expression that is used in these Regulations and that is also  
used in the Directive has, unless the context otherwise requires, the same 
meaning in these Regulations as it has in the Directive.  
 
3. The Act of 2000 is amended by the insertion, in section 2(1), of the 
following definition after the definition of “broadca st”: 
“ ‘broadcasting organisation’ means – 
(a) in the State, an authorised broadcaster, or  
(b) in another Member State, a broadcasting organisation for the 
purposes of Directive (EU) 2019/789 of the European 
Parliament and of the Council of 17 April 20191;”. 
 
 
4. The Act of 2000 is amended by the insertion of the following section 
after section 6 - 
 
1 OJ No. L130, 17.5.2019, p.82.  
2 OJ No. L248, 6.10.1993, p.15.  
Notice of the making of this Statutory Instrument was published in  
“Iris Oifigi úil” of 15th July, 2022. 
 [357]  3 
 
“Ancillary online services  
6A. (1) An ancillary online service provided by wire or wireless 
means that contains works, as well as the acts of reproduction of such 
works which are necessary for the provision of, the access to or the use 
of the ancillary online service, shall be deemed to occur solely in the 
Member State in which the broadcasting organisation has its principal 
establishment for th e purposes of exercising the copyright and related 
rights required for that service.  
 (2) Subject to subsection (3), when setting the charges to be 
paid for the rights referred to in subsection (1), the rightholder and the 
broadcasting organisation shall t ake into account all aspects of the 
ancillary online service, including – 
(a) the duration of online availability of the programmes 
provided in that service,  
(b) the audience, and  
(c) the language versions provided.  
 (3) The charges to be paid for the righ ts referred in in 
subsection (1) may be calculated on the basis of the revenues of the 
broadcasting organisation.  
 (4) The principle set out in subsection (1) shall not affect the 
right of the rightholder and the broadcasting organisation to limit the 
exploitation of such rights in accordance with the law of the European 
Union.  
 (5) If an agreement on the exercise of copyright and related 
rights concerning an ancillary online service and for any acts of 
reproduction which are necessary for such a service is  in force on 7 
June 2021, this section shall not apply to that agreement until 7 June 
2023.  
 (6) In this section – 
‘ancillary online service’ means an online broadcast, by or under the 
control and responsibility of a broadcasting organisation, of 
programme s simultaneously with or for a defined period of time after 
their broadcast by the broadcasting organisation and any material which 
is ancillary to such broadcast, where a member of the public can access 
the programme from a place and at a time chosen by t hem;  
‘programmes’ means – 
(a) radio programmes, or  
(b) television programmes (other than the broadcast of sports 
events and works included in them) which are – 
(i) news and current affairs programmes, or  
(ii) fully financed own productions of the broadcast ing 
organisation.”.  
 4  [357] 
 
5. The Act of 2000 is amended by the insertion of the following section 
after section 103 – 
“Transmission of programmes by direct injection  
103AA .  (1)  This section applies when a broadcasting organisation 
transmits by direct injection its programme -carrying signals to a 
network operator where – 
(a) the broadcasting organisation does not make the broadcast, 
and  
(b) the network operator makes the broadcast.  
 (2) Subject to subsection (3), the broadcasting organisation 
and the n etwork operator referred to in subsection (1) shall be deemed 
to be participating in a single act of communication to the public and 
the parties shall only undertake that communication with the 
authorisation of the rightholder.  
 (3) If an authorisation con cerning a transmission by direct 
injection, to which this section would apply, is in force on 7 June 2021, 
this section shall not apply to that authorisation until 7 June 2025.  
 (4) In this section – 
‘direct injection’ means a technical process by which a 
broadcasting organisation transmits its programme -carrying 
signals in such a way that the programme -carrying signals are 
not accessible to the public during that transmission;  
‘network operator’ means the operator of an electronic 
communications network (w ithin the meaning of the 
Communications Regulation Act 2002).”.  
 
6. Section 174 of the Act of 2000 is amended – 
(a) by the substitution of the following subsection for subsection 
(1): 
 “(1) The owner of the copyright or the owner of a related 
right in a li terary, dramatic, musical or artistic work, an original 
database, a sound recording or a film contained in a television or 
radio programme shall have the right to grant or refuse 
authorisation for cable retransmission (in this section referred to 
as the ‘c able retransmission right’).”,  
(b) by the insertion of the following subsection after subsection (1):  
 “(1A)  The owner of the copyright or the owner of a related 
right in a work contained in a television or radio programme 
shall have the right to grant or refuse the authorisation for non -
cable retransmission (in this section referred to as the ‘non -cable 
retransmission right’).”,  
(c) by the deletion of subsection (2),  
(d) by the insertion of the following subsection after subsection (3):  [357]  5 
 
 “(3A)  The non-cable retransmission right may be exercised 
against the operator of the retransmission service only through a 
licensing body.”,  
(e) by the substitution of the following subsection for subsection 
(4): 
 “(4) Where the owner of the copyright or the owner  of a 
related right in a work has not transferred his or her cable 
retransmission right or non -cable retransmission right to a 
licensing body, the licensing body which manages rights of the 
same category shall be deemed to be permitted to manage his or 
her right.”,  
(f) by the substitution, in subsection (5), of “the owner of the 
copyright or the owner of a related right” for “the owner of the 
copyright”,  
(g) by the insertion of the following subsections after subsection 
(5): 
 “(5A)  Where the owner of the co pyright or the owner of a 
related right in a work has not transferred his or her non -cable 
retransmission right to a licensing body and more than one 
licensing body manages non -cable retransmission rights of that 
category, the operator of a retransmission service shall make an 
application to the Controller and the Controller shall determine 
which licensing body shall have the right to grant or refuse the 
non-cable retransmission right.  
 (5B) An application under subsection (5A) shall be in writing 
and in su ch form as may be determined by the Controller from 
time to time.  
 (5C) Where the identity of the owner of the non -cable 
retransmission right is known, the Controller shall, at least 28 
days prior to making a determination under subsection (5E), 
give notic e in writing to him or her of an application under 
subsection (5A) and the Controller shall invite him or her to 
make observations in writing, in relation to that application, not 
later than 14 days after the date of the notice.  
 (5D)  For the purposes of m aking a determination under 
subsection (5E), the Controller may by notice in writing to the 
applicant or to the owner of the non -cable retransmission right, 
require him or her to provide to the Controller, not later than 28 
days after the date of the notic e, such information relating to the 
proposed non -cable retransmission or to the non -cable 
retransmission right as the Controller may reasonably require.  
 (5E) The Controller shall, having considered any observations 
received under subsection (5C) and any i nformation provided 
under subsection (5D), determine which licensing body has the 
right to grant or refuse the non -cable retransmission right in the 
State.”,  6  [357] 
 
and 
(h) by the substitution of the following subsections for subsections 
(6) to (9):  
“(6) The owne r of the copyright or the owner of a related 
right in a work to whom subsection (4), (5) or (5A) applies has 
the same rights and obligations resulting from any relevant 
agreement between the cable programme service provider or the 
operator of a retransmiss ion service, as the case may be, and the 
licensing body, as an owner who has transferred their cable 
retransmission right or their non -cable retransmission right, as 
the case may be, to that licensing body.  
(7) Any rights to which the owner of the copyrigh t or the 
owner of a related right in a work may be entitled under 
subsection (6) shall be exercised within the period of 3 years 
commencing on the date of the cable retransmission or the non -
cable retransmission concerned.  
(8) This section shall not apply to any cable retransmission 
right or non -cable retransmission right exercisable by a 
broadcasting organisation in respect of its own transmission, 
including where the rights concerned are owned by the 
broadcasting organisation or have otherwise been transf erred to 
it by other rightholders.  
(8A)  A broadcasting organisation and an operator of a 
retransmission service shall conduct negotiations for the 
authorisation of a non -cable retransmission in good faith.  
(8B) Where no agreement is concluded between a 
broadcasting organisation and an operator of a retransmission 
service or between a licensing body and an operator of a 
retransmission service regarding the cable retransmission right 
or the non -cable retransmission right, as the case may be, the 
parties may e ngage in mediation within the meaning of the 
Mediation Act 2017 and that Act shall apply to any such 
mediation subject to the modification referred to in subsection 
(8C) and any other necessary modifications.  
(8C) The modification mentioned in subsection ( 8B) is the 
substitution of the following subsection for subsection (4) of 
section 8 of the Mediation Act 2017:  
‘(4) The mediator may make proposals to the parties to 
resolve the dispute and any such proposals shall be deemed to 
have been accepted if the parties do not object to the proposals 
within 3 months after the date of the proposals.’  
(9) (a) In this section – 
‘cable retransmission’ means the 
simultaneous, unaltered and 
unabridged retransmission by way 
of a cable programme service  of [357]  7 
 
an initial tran smission from 
another Member State, by wire or 
over the air, including that by 
satellite, of television or radio 
programmes intended for 
reception by the public, regardless 
of how the operator of a cable 
retransmission service obtains the 
programme -carryin g signals from 
the broadcasting organisation for 
the purpose of retransmission;  
‘non-cable retransmission’ means 
any simultaneous, unaltered and 
unabridged retransmission, other 
than cable retransmission, 
intended for reception by the 
public, of an initial  transmission 
from another Member State, by 
wire or over the air, including that 
by satellite, but not by online 
transmission, of television or 
radio programmes intended for 
reception by the public provided - 
(i) the retransmission is 
carried out by a part y other 
than the broadcasting 
organisation  which made 
the initial transmission or 
under whose control and 
responsibility that initial 
transmission was made, 
regardless of how the party 
carrying out the 
retransmission obtains the 
programme -carrying 
signals from the 
broadcasting organisation 
for the purpose of 
retransmission, and  
(ii) where the retransmission 
is over an internet access 
service (within the 
meaning of Regulation 
(EU) 2015/2120 of the 
European Parliament and 
of the Council of 25 
November 20153), it is 
 
3 OJ No. L310, 26.11.2015, p.1  8  [357] 
 
carried out in an 
environment in which the 
operator of the 
retransmission service 
provides a secure 
retransmission to 
authorised users.  
(b) In this section, a reference to a licensing 
body shall be construed as including a 
reference to a collectiv e management 
organisation.”.  
  [357]  9 
 
 
 
 
 
 
 
 GIVEN under my Official Seal,  
14 July, 2022 . 
 
CATHERINE MARTIN , 
Minister for Tourism, Culture, Arts,  
   Gaeltacht, Sport and Media . 
 
 
 
 
  
10  [357] 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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