Broadcasting Act, 2001
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Digital content contracts. |
12.—(1) Subject to subsection (2), a person shall not supply a compilation of programme material for the purpose of any arrangements to be entered into by him or her under paragraph (a) or (b) of section 14 (1) otherwise than under and in accordance with a digital content contract. | |
(2) Subsection (1) shall not apply to such a supply made by— | ||
(a) an excepted person for the purpose of any such arrangements, or | ||
(b) the Authority, Teilifís na Gaeilge or the television programme service contractor for the purpose of any such arrangements, being arrangements for the transmission by the designated company of a free-to-air service. | ||
(3) The Commission may enter into a contract with a person whereby that other person may supply a compilation of programme material for the purposes referred to in subsection (1), and such a contract shall be known as a “provision of content (digital) contract” and is in this Act referred to as a “digital content contract”. | ||
(4) A digital content contract shall include— | ||
(a) a condition requiring the holder of the contract to comply with the codes and rules under section 19 with respect to the programme material supplied in pursuance of the contract, and | ||
(b) a condition authorising the Commission to request the holder of the contract to pay to it, in respect of a failure by the holder to comply with a particular term or condition of the contract, a sum of money (not exceeding an amount that shall be specified in the condition as being the maximum amount that may be so requested to be so paid) and requiring the holder to comply with such a request. | ||
(5) A digital content contract shall include a condition providing that, where any of the programme material supplied in pursuance of the contract— | ||
(a) contravenes Article 22 or 22A of the Council Directive or a provision of the Prohibition of Incitement to Hatred Act, 1989 , or | ||
(b) constitutes an incitement to commit an offence, | ||
the Commission may, or, if such a supply of programme material has occurred within 6 months of a previous such supply by the same person having occurred, shall, terminate the contract. |