Reception and retransmission of broadcast in cable programme service.
251.—(1) This section applies where a broadcast made from a place in the State is, by reception and immediate retransmission, without alteration, included in a cable programme service.
(2) The rights conferred by this Part in relation to a performance or recording included in a broadcast to which this section applies are not infringed where—
(a) the inclusion is pursuant to a statutory requirement, or
(b) the broadcast is made for reception in the area in which the cable programme service is provided and it is not a satelite transmission or an encrypted transmission.
(3) Where the making of a broadcast is an infringement of any right conferred by this Part, the fact that the broadcast was retransmitted as a programme in a cable programme service shall be taken into account in assessing the damages for that infringement.