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PART IV
Provisions in relation to the Authority
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Public service character of Authority's national broadcasting service.
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28.—(1) The national television and sound broadcasting service required to be maintained by the Authority under section 16 of the Act of 1960 shall have the character of a public service, continue to be a free-to-air service and be made available, in so far as it is reasonably practicable, to the whole community on the island of Ireland and the Authority shall have all such powers as are necessary for or incidental to that purpose.
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(2) Without prejudice to the generality of subsection (1), the Authority shall ensure that the programme schedules of the broadcasting service referred to in that subsection—
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(a) provide a comprehensive range of programmes in the Irish and English languages that reflect the cultural diversity of the whole island of Ireland and include, both on television and radio (and also, where appropriate, any means of transmission referred to in section 16(2)(bbb) (inserted by this Act) of the Act of 1960) programmes that entertain, inform and educate, provide coverage of sporting, religious and cultural activities and cater for the expectations of the community generally as well as members of the community with special or minority interests and which, in every case, respect human dignity,
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(b) provide programmes of news and current affairs in the Irish and English languages, including programmes that provide coverage of proceedings in the Houses of the Oireachtas and the European Parliament, and
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(c) facilitate or assist contemporary cultural expression and encourage or promote innovation and experimentation in broadcasting.
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(3) Subject to subsections (5) to (7), the Minister may, for the purpose of ensuring that the character, as a public service, of the broadcasting service referred to in subsection (1) is maintained, by order modify subsection (2)—
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(a) by adding thereto provisions specifying categories of programmes that shall be included in the programme schedules referred to in that subsection, and
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(b) by making such other alterations to subsection (2) as are necessary or expedient in consequence of the addition of such provisions.
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(4) The Minister may by order amend or revoke an order under this section (including an order under this subsection).
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(5) Nothing in subsection (3) or (4) shall be construed as enabling a requirement to be imposed on the Authority with respect to the manner in which any particular programme broadcast on the broadcasting service referred to in subsection (1) is made or the manner in which any decision of an editorial nature relating to the broadcasting of such a programme is made.
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(6) Where the Minister proposes to make an order under this section, the Minister shall—
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(a) consult with the Authority, the Commission and such other persons as he or she considers appropriate,
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(b) publish a notice of his or her intention to make such an order in at least one newspaper circulating in the State,
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(c) invite, by means of that notice or such other means as he or she considers appropriate, comments from members of the public in relation to the order proposed to be made, and
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(d) publish in such manner as he or she considers appropriate a statement outlining the consultations that have been carried out under paragraph (a) and any comments received by him or her pursuant to the invitation referred to in paragraph (c) and indicating a place at which any document furnished to the Minister by a person referred to in paragraph (a) in the course of consultations under that paragraph or by a member of the public pursuant to the said invitation may be inspected (and such a document shall, accordingly, be made available at that place for inspection at all reasonable times before a draft of the order concerned is laid before the Houses of the Oireachtas under subsection (7)).
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(7) Where an order is proposed to be made under this section, a draft of the order shall be laid before each House of the Oireachtas and the order shall not be made until a resolution approving of the draft has been passed by each such House.
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(8) The amount paid to the Authority in each financial year under section 8 of the Act of 1976 shall be used by the Authority solely for the purposes of—
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(a) providing programmes for the purposes of the programme schedules referred to in subsection (2),
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(b) complying with its duty under section 17 of the Act of 1960,
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(c) exercising all or any of the powers conferred on it by subsection (2) (other than paragraphs (bb) and (bbb) (inserted by this Act) thereof) of section 16 of the Act of 1960, and
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(d) providing, pursuant to its powers under the Broadcasting Authority Acts, 1960 to 2001, any service (other than a broadcasting service) for the benefit of the public.
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(9) The Authority may use moneys it obtains from any source, other than under section 8 of the Act of 1976, in whole or in part for any of the purposes referred to in subsection (8).
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(10) Without prejudice to sections 25(1) and 26 of the Act of 1960, the Authority shall, as soon as may be after the end of each financial year, make a report to the Minister of the use it has made, with regard to, respectively, the television broadcasting service and the sound broadcasting service referred to in subsection (1), of the moneys paid to it under section 8 of the Act of 1976 in that year for the purpose of the activities, during that year, referred to in paragraphs (a), (b) and (c) of subsection (2) and subsection (8)(d).
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(11) The Minister shall cause copies of each report made to him or her under subsection (10) to be laid before each House of the Oireachtas.
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(12) Nothing in this section shall be construed as preventing the Authority from including in the programme schedules referred to in subsection (2) programmes made outside the State.
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