Broadcasting (Offences) Act, 1968

Penalties and legal proceedings.

7.—(1) A person guilty of an offence under this Act shall be liable—

(a) on summary conviction, to imprisonment for a term not exceeding three months or, at the discretion of the court, to a fine not exceeding £100 or to both such imprisonment and such fine, or

(b) on conviction on indictment, to imprisonment for a term not exceeding two years or, at the discretion of the court, to a fine not exceeding £500 or to both such fine and such imprisonment.

(2) Where an offence under this Act which has been committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a director, manager, secretary or other similar officer of the body corporate, or any person who was purporting to act in any such capacity, he, as well as the body corporate, shall be guilty of that offence and shall be liable to be proceeded against accordingly.

(3) Proceedings for an offence under this Act may be taken, and the offence may for all incidental purposes be treated as having been committed, in any place in the State.

(4) Notwithstanding section 10 (4) of the Petty Sessions (Ireland) Act, 1851 , summary proceedings for an offence under this Act may be instituted at any time within two years from the time when the offence was committed.

(5) Proceedings for an offence under this Act shall not be instituted otherwise than by or on behalf of the Attorney General; but this shall not prevent the issue or execution of a warrant for the arrest of any person in respect of such an offence or the remanding in custody or on bail of any person charged with such an offence.

(6) A member of the Garda Síochána shall, for the purpose of the enforcement of this Act, have in sea waters adjacent to the State all the powers, protection and privileges which he has in the State.