Broadcasting and Wireless Telegraphy Act, 1988

Control of broadcasting.

3.—(1) A broadcast shall not be made from any premises or vehicle in the State unless it is made pursuant to and in accordance with a licence issued by the Minister.

(2) Where a broadcast is made in contravention of subsection (1) of this section, each of the following shall be guilty of an offence:

(a) any person who is the owner of, or is in control or is concerned in the management of, any premises or vehicle from which the broadcast is made and who knowingly permits or suffers the broadcast to take place, and

(b) any person who operates, or assists in the operation of, the apparatus for wireless telegraphy by means of which the broadcast is made.

(3) Where in proceedings for an offence under this section it is proved that a broadcast took place from a particular premises or vehicle and that the defendant was, at the time of the alleged offence, the owner of, or in control or concerned in the management of, the premises or vehicle, then, unless there is sufficient other evidence to raise an issue as to whether the defendant knowingly permitted or suffered the broadcast to be made, he shall be treated as having so permitted or suffered the broadcast to be made.

(4) The provisions of subsection (1) of this section are in addition to those of sections 2 (1) and 3 (1) of the Act of 1968 and nothing in this section shall be construed as amending the said section 2 (1) or 3 (1).