Broadcasting and Wireless Telegraphy Act, 1988

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Prohibition of acts relating to matter broadcast in contravention of section 3 .

5.—(1) A person who does any of the acts mentioned in subsection (2) of this section, and, if any intent, knowledge or belief or circumstances is or are specified in relation to the act, does it with that intent, knowledge or belief or in those circumstances, shall be guilty of an offence.

(2) The acts, and, where relevant, the intent, knowledge, belief and circumstances, referred to in subsection (1) of this section are the following:

(a) supplying a cinematograph film or a record with intent that such film or the sound embodied in the record may comprise, or be included in, a broadcast made in contravention of section 3 (1) of this Act;

(b) making a literary, dramatic or musical work with intent that the work may comprise, or be included in, a broadcast made in contravention of the said section 3 (1);

(c) making an artistic work with intent that the work may comprise, or be included in, a broadcast made in contravention of the said section 3 (1);

(d) participating in a broadcast made in contravention of the said section 3 (1) whether as a director, producer or announcer or as the deliverer of a speech or otherwise;

(e) participating, whether as a director, producer or announcer or as the deliverer of a speech or otherwise, in the making of a cinematograph film or record made in the State knowing, or having reasonable cause to believe, that such film or record is to comprise, or to be included in, a broadcast made in contravention of the said section 3 (1);

(f) advertising by means of a broadcast made in contravention of the said section 3 (1), inviting another to advertise by means of a broadcast to be so made or making an advertisement with the intent that it may comprise, or be included in, a broadcast to be so made;

(g) publishing dates, times or programme schedules which relate to broadcasts which, if made, would be made in contravention of the said section 3 (1) or (otherwise than by publishing such particulars) publishing an advertisement of matter calculated to promote, directly or indirectly, the interests of a business whose activities consist of or include the operation of a station from which broadcasts are, or are to be, made in contravention of the said section 3 (1).

(3) (a) Where in proceedings for an offence under this section it is proved that, by means of a broadcast made in contravention of section 3 (1) of this Act, it was stated, suggested or implied that any matter which comprised, or was included in, the broadcast was supplied by, or given at the expense, whether wholly or partly, of the defendant, then, unless there is sufficient other evidence to raise an issue as to whether the defendant advertised by means of the broadcast, he shall be treated as having so advertised.

(b) 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) Where in proceedings for an offence under this section—

(a) it is proved that a broadcast was made in contravention of section 3 (1) of this Act and that the broadcast was wholly or partly comprised of an advertisement, and

(b) (i) there is produced in court anything which both—

(I) by reason of something printed thereon, or on a label attached thereto, purports to relate to the goods, service, accommodation, facility, entertainment or other event, or other thing, to which the advertisement relates, and

(II) has something printed thereon, or on a label attached thereto, which is such as to seem to the court to be likely to be taken as an indication that the defendant prepares, manufactures, assembles, imports, provides, supplies, promotes, organises or is otherwise connected with the provision of the goods, service, accommodation, facility, entertainment or other event, or other thing, to which the advertisement relates,

or

(ii) there is contained in the advertisement a reference which, in the opinion of the court, is a reference to the defendant,

then, unless there is sufficient other evidence to raise an issue as to whether the defendant advertised by means of the broadcast, he shall be treated as having so advertised.

(5) In this section, “speech” has the meaning assigned to it by section 6 (6) of the Act of 1968.