Broadcasting Authority (Amendment) Act, 1976

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Broadcasting Complaints Commission.

4.—The Principal Act is hereby amended by the insertion of the following sections after section 18 :

“18A.—(1) Not later than the 31st day of March, 1977, there shall be established by the Government, on the request of the Minister, a body to be known as the Broadcasting Complaints Commission and which is in this Act referred to as the Commission.

(2) The Commission shall consist of a Chairman and not less than two other members who shall be appointed by the Government.

(3) The Minister may out of moneys provided by the Oireachtas, with the consent of the Minister for Finance, in each financial year make a grant or grants to the Commission of such amount or amounts as he considers necessary to enable the Commission to perform its functions.

(4) When appointing a member of the Commission, the Government shall fix his term of office which shall not exceed five years and, subject to subsections (8) and (9) of this section, he shall hold his office on such terms and conditions (other than terms or conditions relating to remuneration or the payment of allowances) as are determined by the Government at the time of his appointment.

(5) A member of the Commission may at any time resign his office by letter addressed to the Government and the resignation shall take effect as on and from the date of receipt of the letter by the Government.

(6) A member of the Commission whose term of office expires by the effluxion of time shall be eligible for re-appointment.

(7) There shall be paid to members of the Commission such remuneration (if any) and allowances (if any) as the Minister, with the consent of the Minister for the Public Service, from time to time determines.

(8) A member of the Commission may be removed from office by the Government for stated reasons, if, and only if, resolutions are passed by each House of the Oireachtas calling for his removal.

(9) Where a member of the Commission is nominated as a member of Seanad Éireann or for election to either House of the Oireachtas, he shall, upon accepting such nomination, cease to be a member of the Commission.

(10) (a) A person who is for the time being entitled under the Standing Orders of either House of the Oireachtas to sit therein shall, while so entitled, be disqualified from becoming a member of the Commission.

(b) A member of the Authority or an officer or servant of the Authority shall be disqualified from becoming or being a member of the Commission.

(11) The quorum for a meeting of the Commission shall be two or such higher number as the Commission may, if it thinks fit, from time to time by resolution determine.

(12) Subject to the provisions of this Act, the Commission shall regulate its procedure and business.

(13) The Minister for the Public Service shall assign to the Commission such officers and servants as in his opinion are necessary to enable it to perform its functions.

Functions of Commission.

18B.—(1) Subject to the provisions of this section, the Commission may investigate and decide any of the following complaints—

(a) a complaint that in broadcasting news given by it and specified in the complaint, the Authority did not comply with one or more of the requirements of section 18 (1) of this Act (inserted by section 3 of the Broadcasting Authority (Amendment) Act, 1976),

(b) a complaint that in broadcasting a programme so specified, the Authority either did not comply with one or more of the said requirements or were in breach of the prohibition contained in section 18 (1A) of this Act (inserted by the said section 3),

(c) a complaint that by broadcasting matter so specified, the Authority failed to comply with the requirements of section 31 (1) of this Act (inserted by section 16 of the Broadcasting Authority (Amendment) Act, 1976) as regards an order made under the said section 31 (1) and so specified,

(d) a complaint that on an occasion so specified, there was an encroachment by the Authority contrary to section 18 (1B) of this Act (inserted by the said section 3),

(e) a complaint that an advertisement so specified contravened a code drawn up by the Authority governing standards and practice in broadcast advertising or prohibiting either certain methods of advertising in broadcasting or the broadcast in particular circumstances of advertising,

(f) a complaint that the Authority failed to comply with the requirements of subsection (1) or subsection (1A) of section 18 of this Act (inserted by the said section 3) in relation to a matter so specified which is a matter mentioned in paragraph (c) of the said subsection (1).

(2) A complaint described in subsection (1) of this section may be made to the Commission by any person in writing but, if the complaint is a complaint other than one described in paragraph (f) of the said subsection (1), it shall only be considered by the Commission if the following provisions are complied with, namely;

(a) prior to its being made to the Commission, the complaint is made to the Authority in writing and is received by the Authority not more than thirty days after—

(i) in case the complaint relates to one broadcast or to two or more unrelated broadcasts, if it relates to one broadcast, the date of the broadcast, or if it relates to two or more such broadcasts, the date of the earlier or earliest, as the case may be, of those broadcasts, and

(ii) in case the complaint relates to two or more related broadcasts of which at least two are made on different dates, the later or latest of those dates,

(b) the complaint is received by the Commission not sooner than thirty days after the day on which it is sent by the complainant to the Authority and is so received not later than—

(i) in case within the period of thirty days beginning on the day on which the complaint is so sent by him, the complainant receives from the Authority a statement in writing of its decision on the complaint, thirty days after the receipt by him of the statement, and

(ii) in any other case, sixty days after the day on which the complaint is sent by the complainant to the Authority.

(3) (a) Subject to subsection (2) of this section, the Commission may, after consultation with the Authority, make rules of procedure as regards complaints described in paragraph (f) of subsection (1) of this section.

(b) Where the Commission makes rules under this section, the Commission shall give public notice of the making of the rules in such manner as the Minister shall approve and the Commission shall make a copy of such rules available to any person on request.

(4) When the Commission proposes to investigate a complaint made under this section, the Commission shall afford to the Authority an opportunity to comment on the complaint.

(5) Where a complaint is made to the Commission and a person employed by the Authority requests, for reasons specified by him, the Commission to afford him an opportunity to comment on the complaint, if, having considered the reasons so specified, the Commission is satisfied that an interest of the person, being an interest which the Commission considers relevant to the person's employment by the Authority, may, because of the complaint, be adversely affected, the Commission shall afford to the person such an opportunity.

(6) When the Commission proposes to consider a complaint described in subsection (1) (e) of this section, the Commission shall afford to the relevant advertiser an opportunity of making to the Commission submissions in relation to the relevant advertisement.

(7) As soon as may be after they decide on a complaint made under this Act, the Commission shall send to the person making the complaint and to the Authority a statement in writing of their decision on the complaint.

(8) In case the Commission decide on a complaint described in subsection (1) (e) of this section, as soon as may be after their decision, the Commission shall, (in addition to complying with the requirement of subsection (7) of this section) send to the person with whom the Authority agreed to broadcast the relevant advertisement (if he is not the complainant) a statement in writing of their decision.

(9) When the Authority receives a statement of a decision from the Commission pursuant to subsection (7) of this section, the Authority shall, not later than fourteen days after its receipt, inform the Commission in writing whether or not the Commission's decision is accepted by the Authority.

(10) The consideration by the Commission of a complaint made to it under this Act shall be carried out by the Commission in private.

(11) Unless it considers it inappropriate, the Commission shall, as soon as may be, publish particulars of its decision on a complaint in such manner as it considers suitable and where it considers that the publication should be by the Authority, or should include publication by the Authority, the particulars shall be published by the Authority in such manner as shall be agreed between the Commission and the Authority.

(12) As regards proceedings under this section, the Commission shall not have any power to award to any party costs or expenses.

(13) A person shall not act as a member of the Commission in relation to any matter with respect to which he has a material financial or other beneficial interest.

(14) Subsection (1) of this section shall not apply to a complaint which, in the opinion of the Commission, is frivolous or vexatious, nor, unless the Commission considers that there are special reasons for investigating the complaint (which reasons shall be stated by the Commission when giving its decision), shall that subsection apply to a complaint which is withdrawn.

Reports of Commission.

18C.—(1) As soon as may be after the end of each year, the Commission shall make to the Minister a report of its activities during that year and, subject to subsection (2) of this section, the report shall contain such statements (if any) as the Commission thinks fit giving particulars of decisions made by it pursuant to this Act, and copies of the report shall, as soon as may be, be laid before both Houses of the Oireachtas.

(2) In case the Authority pursuant to section 18B (9) of this Act informs the Commission that it does not accept a decision of the Commission, the Commission's report for the year in which the Commission was so informed shall contain a statement giving particulars of the decision.”.