Broadcasting Act, 2001

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Number 4 of 2001


BROADCASTING ACT, 2001


ARRANGEMENT OF SECTIONS

PART I

Preliminary And General

Section

1.

Short title, collective citation, construction and commencement.

2.

Interpretation.

3.

Repeals.

4.

Expenses.

PART II

Supply and Transmission of Programme Material Generally

5.

Transmission company.

6.

Authorisation of the exercise of certain powers vested in Authority and transmission company.

7.

Authorisation of transmission company to transmit, by digital terrestrial means, programme material.

8.

Multiplex company.

9.

Authorisation of multiplex company to combine programme material in digital form.

10.

Alteration of name of Commission.

11.

Additional functions of Commission.

12.

Digital content contracts.

13.

Transmission of digital and other broadcasting services by transmission company.

14.

Arranging by multiplex company for transmission of digital broadcasting services by transmission company.

15.

Non-liability of transmission company and multiplex company for dealing with programme material.

16.

Electronic programme guides.

17.

Guidelines with respect to programme guide contracts.

18.

Application of certain enactments to digital and other broadcasting services.

PART III

Standards in Broadcasting

19.

Codes and rules with respect to programme material.

20.

Codes or standards with respect to certain types of information.

21.

Functions of Commission in relation to enforcement of Act.

22.

Broadcasting Complaints Commission.

23.

Services, facilities, etc. for Broadcasting Complaints Commission.

24.

Functions of Broadcasting Complaints Commission.

25.

Annual report of Broadcasting Complaints Commission.

26.

Holders of contracts to record programme material.

27.

Transitional provision in relation to Broadcasting Complaints Commission.

PART IV

Provisions in relation to the Authority

28.

Public service character of Authority's national broadcasting service.

29.

Amendment of section 16(1) of Act of 1960.

30.

Amendment of section 16(2) of Act of 1960.

31.

Advertising broadcasts by Authority.

32.

Special accounts under section 25(1) of Act of 1960 and amendment of section 6 of Act of 1976.

33.

Amendment of Broadcasting Authority (Amendment) Act, 1993.

PART V

Additional Broadcasting Services — Cable, Satellite Systems, etc.

34.

Additional broadcasting services by television programme service contractor.

35.

Meaning of “independent television programme” in certain contracts.

36.

Satellite content contracts.

37.

Transmission of broadcasting services by cable or MMD system.

38.

Local interest channels.

39.

Community channels.

40.

Assessment of community needs in respect of broadcasting.

41.

Commercial cable and MMD system channels.

PART VI

Teilifís na Gaeilge

42.

Definition.

43.

Establishment day.

44.

Teilifís na Gaeilge.

45.

Functions of Teilifís na Gaeilge.

46.

General duty of Teilifís na Gaeilge.

47.

Supply of programme material by Authority to Teilifís na Gaeilge.

48.

Approval of total time per year for broadcasting by Teilifís na Gaeilge.

49.

Advertising broadcasts by Teilifís na Gaeilge.

50.

Application of certain enactments to Teilifís na Gaeilge.

51.

Provision of moneys by Minister to Teilifís na Gaeilge.

52.

Transitional provisions in relation to Teilifís na Gaeilge.

53.

Construction of references to certain acts of Teilifís na Gaeilge.

PART VII

Miscellaneous

54.

Provisions in relation to certain broadcasting services provided by Authority or Teilifís na Gaeilge.

55.

Provisions in relation to contracts generally under Act.

56.

Fees in respect of applications for contracts.

57.

Offences.

58.

Provision of moneys by Minister to Commission.

59.

Capital grants to sound broadcasting contractors.

60.

Amendment of section 6 of Act of 1988.

61.

Amendment of section 8 of Act of 1988.

62.

Amendment of section 15 of Act of 1988.

63.

Amendment of section 15 of Act of 1960.

64.

Amendment of Schedule to Act of 1988.

65.

Religious advertising.

FIRST SCHEDULE

Enactments Repealed

SECOND SCHEDULE

Provisions in relation to Teilifís na Gaeilge


Acts Referred To

Broadcasting Act, 1990

1990, No. 24

Broadcasting Authority Act, 1960

1960, No. 10

Broadcasting Authority Acts, 1960 to 1999

Broadcasting Authority (Amendment) Act, 1976

1976, No. 37

Broadcasting Authority (Amendment) Act, 1979

1979, No. 36

Broadcasting Authority (Amendment) Act, 1993

1993, No. 15

Companies Acts, 1963 to 1999

Copyright and Related Rights Act, 2000

2000, No. 28

European Parliament Elections Act, 1997

1997, No. 2

Prohibition of Incitement to Hatred Act, 1989

1989, No. 19

Radio and Television Act, 1988

1988, No. 20

Wireless Telegraphy Act, 1926

1926, No. 45

Wireless Telegraphy Acts, 1926 to 1988

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Number 4 of 2001


BROADCASTING ACT, 2001


AN ACT TO MAKE FURTHER PROVISION IN RELATION TO BROADCASTING, FOR THAT PURPOSE TO MAKE SEPARATE PROVISION IN RELATION TO THE FOLLOWING DISCRETE ASPECTS OF BROADCASTING, NAMELY, THE SUPPLY OF PROGRAMME MATERIAL FOR THE PURPOSE OF ITS BEING TRANSMITTED AND THE TRANSMISSION OF SUCH MATERIAL THAT IS SO SUPPLIED, TO CONFER ON 2 COMPANIES DESIGNATED BY THE MINISTER FOR ARTS, HERITAGE, GAELTACHT AND THE ISLANDS FOR THAT PURPOSE FUNCTIONS IN RELATION TO SUCH TRANSMISSION AND, AS REGARDS SUCH TRANSMISSION THAT IS EFFECTED BY DIGITAL MEANS, IN RELATION TO THE COMBINATION OF MATERIAL AS AFORESAID AND RELATED AND OTHER DATA IN DIGITAL FORM, TO CONFER ADDITIONAL FUNCTIONS ON THE INDEPENDENT RADIO AND TELEVISION COMMISSION AND RENAME THAT BODY AS COIMISIÚN CRAOLACH?IN NA hÉIREANN OR, IN THE ENGLISH LANGUAGE, THE BROADCASTING COMMISSION OF IRELAND, TO ESTABLISH A BODY TO BE KNOWN AS TEILIF?S NA GAEILGE AND TO DEFINE ITS FUNCTIONS, TO AMEND THE BROADCASTING AUTHORITY ACTS, 1960 TO 1993, AND CERTAIN OTHER ENACTMENTS AND TO PROVIDE FOR RELATED MATTERS.

[14th March, 2001]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS: