Broadcasting and Wireless Telegraphy Act, 1988
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Prohibition of acts facilitating broadcasting in contravention of section 3 . |
4.—(1) A person who does any of the acts mentioned in subsection (2) of this section, while satisfying the condition as to knowledge or belief specified in relation to the act, shall be guilty of an offence. | |
(2) The acts, and the conditions as to knowledge or belief, referred to in subsection (1) of this section are the following: | ||
(a) making available to another any premises or vehicle or any other thing knowing, or having reasonable cause to believe, that broadcasts are to be made from it in contravention of section 3 (1) of this Act; | ||
(b) having or keeping, or agreeing to have or to keep, apparatus for wireless telegraphy knowing, or having reasonable cause to believe, that by means thereof broadcasts have been, are being or are to be made in contravention of the said section 3 (1); | ||
(c) supplying any apparatus for wireless telegraphy for installation on or in, or installing any such apparatus on or in, any premises or vehicle or any other thing knowing, or having reasonable cause to believe, that, by means of that apparatus, broadcasts are to be made in contravention of the said section 3 (1); | ||
(d) repairing or maintaining any apparatus for wireless telegraphy knowing, or having reasonable cause to believe, that, by means of that apparatus, broadcasts have been, are being or are to be made in contravention of the said section 3 (1). | ||
(3) Where in proceedings for an offence under this section it is proved that the defendant did an act mentioned in subsection (2) of this section and that in the particular circumstances of the case he ought to have had the knowledge specified in that subsection in relation to the act, then, unless there is sufficient other evidence to raise an issue as to whether the defendant had such knowledge at the relevant time, the act shall be treated as having been done by him with such knowledge. | ||
(4) For the purposes of this section a broadcast shall be regarded as being made by means of an apparatus whether the broadcast is made by means of the apparatus alone or by means of the apparatus and other apparatus. | ||
(5) In this section “apparatus for wireless telegraphy” has the same meaning as in section 2 of the Act of 1926, as amended by section 2 of this Act. |