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Rights in respect of apparatus, etc., for unauthorised reception of transmissions.
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372.—(1) A person who is authorised by the rightsowner—
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(a) to make charges for the reception of programmes included in a broadcast or cable programme service, or
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(b) to send encrypted transmissions of any other description,
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has the same rights and remedies against a person who—
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(i) (I) makes,
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(II) sells, rents or lends, or offers or exposes for sale, rental or loan,
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(III) imports into the State, or
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(IV) has in his or her possession, custody or control,
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any apparatus or protection-defeating device, knowing or having reason to believe that the apparatus or device is to be used to enable or assist persons to receive those programmes or transmissions when those persons are not so entitled, or
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(ii) provides information, or offers or performs any service, intended to enable or assist persons to receive those programmes or transmissions when those persons are not so entitled,
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as a rightsowner has in respect of an infringement of any of his or her rights under this Act.
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(2) Without prejudice to any other remedy, in cases of innocent infringement of the rights conferred by subsection (1), the appropriate court may award damages as it considers appropriate in the circumstances, and such damages shall not exceed a reasonable payment in respect of the act complained of.
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(3) Sections 145 and 264 shall apply with any necessary modifications in relation to the disposal of anything delivered up or seized by virtue of subsection (1).
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