Hide Nav Show Nav
SOLR_PROP

Broadcasting Act 2009

../../../../../images/harp.jpg


Number 18 of 2009


BROADCASTING ACT 2009


ARRANGEMENT OF SECTIONS

PART 1

Preliminary and General matters

Section

1. Short title.

2. Definitions.

3. Repeals.

4. Expenses.

PART 2

Broadcasting Authority of Ireland

5. Establishment day.

6. Establishment of Authority, Contract Awards and Compliance Committees.

7. Body corporate and seal.

8. Appointment of Authority, Contract Awards Committee and Compliance Committee.

9. Criteria for membership.

10. Terms and removal.

11. Chairperson of Authority or statutory committee.

12. Exclusions from membership of Authority or statutory committee.

13. Meetings of Authority or statutory committee.

14. Chief executive officer of Authority.

15. Staff.

16. Superannuation.

17. Advisory committees.

18. Consultants and advisers.

19. Accountability of chief executive to Committee of Public Accounts.

20. Accountability of chief executive and chairpersons of Authority and statutory committees to other Oireachtas Committees.

21. Disclosure by members of Authority and statutory committee of certain interests.

22. Disclosure by staff of Authority of certain interests.

23. Code of conduct.

24. Independence.

25. Objectives of Authority.

26. Functions of Authority.

27. Functions of Contract Awards Committee.

28. Functions of Compliance Committee.

29. Strategy statements.

30. Policy communications.

31. Powers.

32. Duties of Authority and statutory committees.

33. Levy.

34. Exchequer funding.

35. Borrowings.

36. Deposits and charges for services.

37. Accounts and audits.

38. Reports to Minister.

PART 3

Broadcasters — Duties, Codes and Rules

39. Duties of broadcasters.

40. Recording of broadcasts.

41. Advertising.

42. Broadcasting codes.

43. Broadcasting rules.

44. Inspection of draft broadcasting codes and rules.

45. Presentation of broadcasting codes and rules to Minister.

46. Co-operation with other parties — standards and self-regulation.

PART 4

Redress

47. Code of practice — complaints handling.

48. Complaints process.

49. Right of reply.

PART 5

Enforcement

Chapter 1

Compliance with terms of contract

50. Investigation into affairs of contractor.

51. Termination or suspension of contract under Part 6 or 8.

Chapter 2

Financial Sanctions

52. Definitions (Chapter 2).

53. Investigation into affairs of broadcaster.

54. Report, findings, recommendations and procedures relating to outcome of investigation.

55. Financial sanctions.

56. Matters to be considered in determining the amount of financial sanction.

Chapter 3

Notifications

57. Notifications.

PART 6

Broadcasting Contracts and Content Provision Contracts — Commercial and Community Broadcasters

58. Interpretation (Part 6).

59. Broadcasting licence.

60. Variation of broadcasting licence.

61. Emergencies.

62. Restriction on award of sound broadcasting contract.

63. Sound broadcasting contracts.

64. Community sound broadcasting contracts.

65. Applications for sound broadcasting contracts.

66. Determination of applications for award of sound broadcasting contracts and television programme service contract.

67. Fast-track application process for award of sound broadcasting contracts.

68. Sound broadcasting contracts for temporary or institutional sound broadcasting services.

69. Terms and conditions of broadcasting contract.

70. Television programme service contract.

71. Content provision contracts.

72. Community content provision contracts.

73. Assessment of community needs in respect of broadcasting.

74. Electronic programme guides.

75. Rules with respect to programme guide contracts.

76. Transmission of broadcasting services by MMD system.

77. Must-carry and must-offer obligations.

78. Offences (Part 6).

PART 7

Public Service Broadcasting

Chapter 1

Public Service Broadcasting Corporations — Common Provisions

79. Bodies corporate.

80. Seals of corporations.

81. Appointment of board.

82. Criteria for board membership.

83. Appointment of staff member.

84. Terms and removal.

85. Chairperson.

86. Exclusions from board membership.

87. Duties of board members.

88. Meetings.

89. Director general.

90. Staff.

91. Superannuation.

92. Accountability of director general and chairperson to Oireachtas Committees.

93. Disclosure by members of corporation of certain interests.

94. Disclosure by staff and contractors for services of certain interests.

95. Code of conduct.

96. Audience council.

97. Advisory committees.

98. Independence.

99. Statement of strategy.

100. Sectoral impact assessments by Authority.

101. Public service statement.

102. Annual statement of performance commitments.

103. Ministerial consent for new services and variations in channels.

104. Establishment of subsidiaries and joint ventures.

105. Duty of corporation with respect to its revenue.

106. Advertisements.

107. Borrowings.

108. Transactions between public service and commercial opportunities.

109. Accounts and audit.

110. Reports and information.

111. Access to archives.

112. Code of fair trading practice.

Chapter 2

Provisions specific to RTÉ

113. Raidió Teilifís Éireann.

114. Principal objects and associated powers of RTÉ.

115. Broadcasting infrastructure.

116. Independent programme account.

Chapter 3

Provisions specific to TG4

117. Continuance of Teilifís na Gaeilge.

118. Principal objects and associated powers of TG4.

119. Accountability of director general of TG4 to Committee of Public Accounts.

Chapter 4

Exchange of Programme Material and Spectrum Licencing

120. Duty to supply programme material.

121. Public service broadcasting licence.

122. Emergencies.

Chapter 5

Allocation of Public Funding to RTÉ and TG4

123. Allocation of public funding.

124. Recommendations as to changes to public funding.

Chapter 6

Bealach Thithe an Oireachtais and Bealach Scannán na hÉireann

125. Bealach Thithe an Oireachtais (Houses of the Oireachtas Channel).

126. Amendment of Schedule to Houses of the Oireachtas Commission Act 2003.

127. Bealach Scannán na hÉireann (Irish Film Channel).

128. Oversight of public funding of Houses of the Oireachtas Channel and Irish Film Channel.

PART 8

Digital Broadcasting and Analogue Switch-Off

129. Definitions (Part 8).

130. Additional functions of RTÉ.

131. Additional functions of Authority.

132. Duty of Communications Regulator in respect of digital terrestrial television multiplexes.

133. Duty of Communications Regulator in respect of digital terrestrial sound broadcasting multiplexes.

134. Amendment of sound broadcasting contracts for listed simulcast services.

135. Regulations prescribing fees.

136. Applications for multiplex contracts.

137. Determination of applications for award of multiplex contracts.

138. Terms and conditions of multiplex contracts.

139. Analogue switch-off.

PART 9

Television Licence

140. Definitions (Part 9) — order — “specified place”.

141. Laying regulations and orders — Part 9.

142. Restrictions on possession of television set.

143. Grant of television licences.

144. Regulations in regard to television licences.

145. Issue of television licences by agent.

146. Request to show television licence.

147. Statutory declaration.

148. Offences for not having television licence.

149. Reminder notification and fixed payment notice.

150. Reminder notification — effective date of television licence and recovery of licence fees.

151. Prosecution of offences.

152. Miscellaneous amendments.

PART 10

Broadcasting Fund

153. Definitions (Part 10).

154. Broadcasting funding scheme.

155. Objectives of scheme.

156. Amounts to be paid by Minister to scheme.

157. Broadcasting fund.

158. Reviews of scheme.

159. Winding-up and dissolution of scheme.

PART 11

Major Events Television Coverage

160. Definitions (Part 11).

161. Application.

162. Designation of major events.

163. Consultation.

164. Broadcasters’ duties with respect to designated events.

165. Broadcasters’ duties with respect to Member State events.

166. Civil remedies.

167. Reasonable market rates.

168. Qualifying broadcaster may apply to High Court to obtain rights from event organiser to provide coverage of designated event on free television services in State, etc.

169. Arbitration in respect of reasonable market rates where event organiser is willing to sell broadcasting rights to designated event to qualifying broadcaster.

170. Criteria for determining reasonable market rates.

171. Obligation to give copy of agreement or arrangement to broadcasting rights to Minister.

172. Service of directions and notification.

173. Review of designated events.

PART 12

Transitional Provisions

174. Dissolution of BCI and saver.

175. Dissolution of BCC and saver.

176. Transitional provisions — BCI.

177. Transitional provisions — BCC.

178. Final accounts of BCI.

179. Continuance of Ministerial consents given in respect of public service broadcasters.

PART 13

Wireless Telegraphy

180. Collective citations — Wireless Telegraphy Acts.

181. Amendment of Broadcasting and Wireless Telegraphy Acts (increase of fines, etc.).

182. Matters relating to wireless telegraphy.

PART 14

Miscellaneous

183. Amendment to definitions in Copyright and Related Rights Act 2000.

184. Minister’s functions in relation to electronic communications networks and electronic communications services.

185. Amendment of section 5 of Act of 1998 (advertisement, etc., by Referendum Commission).

SCHEDULE 1

Enactments Repealed

SCHEDULE 2

Sections 5 to 9 of the Wireless Telegraphy Act 1926


Acts Referred to

British-Irish Agreement Act 1999

1999, No. 1

Broadcasting (Amendment) Act 2007

2007, No. 15

Broadcasting (Funding) Act 2003

2003, No. 43

Broadcasting (Major Events Television Coverage) (Amendment) Act 2003

2003, No. 13

Broadcasting (Major Events Television Coverage) Act 1999

1999, No. 28

Broadcasting (Offences) Act 1968

1968, No. 35

Broadcasting (Offences) Acts 1968 and 1988

Broadcasting Act 1990

1990, No. 24

Broadcasting Act 2001

2001, No. 4

Broadcasting and Wireless Telegraphy Act 1988

1988, No. 19

Broadcasting Authority (Amendment) Act 1964

1964, No. 4

Broadcasting Authority (Amendment) Act 1966

1966, No. 7

Broadcasting Authority (Amendment) Act 1971

1971, No. 2

Broadcasting Authority (Amendment) Act 1973

1973, No. 1

Broadcasting Authority (Amendment) Act 1974

1974, No. 33

Broadcasting Authority (Amendment) Act 1976

1976, No. 37

Broadcasting Authority (Amendment) Act 1979

1979, No. 36

Broadcasting Authority (Amendment) Act 1993

1993, No. 15

Broadcasting Authority Act 1960

1960, No. 10

Communications Regulation Act 2002

2002, No. 20

Communications Regulation (Amendment) Act 2007

2007, No. 22

Companies Act 1963

1963, No. 33

Companies Act 1990

1990, No. 33

Comptroller and Auditor General (Amendment) Act 1993

1993, No. 8

Copyright and Related Rights Act 2000

2000, No. 28

Disability Act 2005

2005, No. 14

Ethics in Public Office Act 1995

1995, No. 22

European Communities (Amendment) Act 1993

1993, No. 25

European Parliament Elections Act 1997

1997, No. 2

Houses of the Oireachtas Commission Act 2003

2003, No. 28

Intoxicating Liquor Act 2003

2003, No. 31

Local Government Act 2001

2001, No. 37

Maritime Safety Act 2005

2005, No. 11

Mercantile Marine Act 1955

1955, No. 29

Police (Property) Act 1897

60 & 61 Vic. c. 30.

Postal and Telecommunications Services Act 1983

1983, No. 24

Prohibition of Incitement to Hatred Act 1989

1989, No. 19

Radio and Television Act 1988

1988, No. 20

Referendum Act 1998

1998, No. 1

Registration of Clubs (Ireland) Act 1904

4 Edw. 7, c. 9

Road Traffic Act 1961

1961, No. 24

Wireless Telegraphy Act 1926

1926, No. 45

Wireless Telegraphy Act 1972

1972, No. 5

Wireless Telegraphy Acts 1926 to 1988

Wireless Telegraph Act 1956

1956, No. 4

../../../../../images/harp.jpg


Number 18 of 2009


BROADCASTING ACT 2009


AN ACT TO REVISE THE LAW RELATING TO BROADCASTING SERVICES AND CONTENT AND FOR THAT PURPOSE TO ESTABLISH AN AUTHORITY TO BE KNOWN AS, IN THE ENGLISH LANGUAGE, THE BROADCASTING AUTHORITY OF IRELAND OR, IN THE IRISH LANGUAGE, ÚDARÁS CRAOLACHÁIN NA hÉIREANN, TO DISSOLVE THE BROADCASTING COMMISSION OF IRELAND AND THE BROADCASTING COMPLAINTS COMMISSION, TO AMEND AND REPEAL CERTAIN ENACTMENTS RELATING TO BROADCASTING, TO PROVIDE FOR MATTERS RELATING TO TELEVISION LICENCES, TO PROVIDE FOR THE REGULATION AND PROVISION OF TELECOMMUNICATIONS SERVICES AND TO PROVIDE FOR CONNECTED MATTERS.

[12th July, 2009]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS: