Broadcasting act 2009
Act Number | 18 |
Enactment Date | 12 July 2009 |
|
|
Number 18 of 2009 |
|
BROADCASTING ACT 2009 |
|
ARRANGEMENT OF SECTIONS |
PART 1 |
Preliminary and General matters |
Section |
1. Short title. |
2. Definitions. |
3. Repeals. |
4. Expenses. |
PART 2 |
Broadcasting Authority of Ireland |
5. Establishment day. |
6. Establishment of Authority, Contract Awards and Compliance Committees. |
7. Body corporate and seal. |
8. Appointment of Authority, Contract Awards Committee and Compliance Committee. |
9. Criteria for membership. |
10. Terms and removal. |
11. Chairperson of Authority or statutory committee. |
12. Exclusions from membership of Authority or statutory committee. |
13. Meetings of Authority or statutory committee. |
14. Chief executive officer of Authority. |
15. Staff. |
16. Superannuation. |
17. Advisory committees. |
18. Consultants and advisers. |
19. Accountability of chief executive to Committee of Public Accounts. |
20. Accountability of chief executive and chairpersons of Authority and statutory committees to other Oireachtas Committees. |
21. Disclosure by members of Authority and statutory committee of certain interests. |
22. Disclosure by staff of Authority of certain interests. |
23. Code of conduct. |
24. Independence. |
25. Objectives of Authority. |
26. Functions of Authority. |
27. Functions of Contract Awards Committee. |
28. Functions of Compliance Committee. |
29. Strategy statements. |
30. Policy communications. |
31. Powers. |
32. Duties of Authority and statutory committees. |
33. Levy. |
34. Exchequer funding. |
35. Borrowings. |
36. Deposits and charges for services. |
37. Accounts and audits. |
38. Reports to Minister. |
PART 3 |
Broadcasters — Duties, Codes and Rules |
39. Duties of broadcasters. |
40. Recording of broadcasts. |
41. Advertising. |
42. Broadcasting codes. |
43. Broadcasting rules. |
44. Inspection of draft broadcasting codes and rules. |
45. Presentation of broadcasting codes and rules to Minister. |
46. Co-operation with other parties — standards and self-regulation. |
PART 4 |
Redress |
47. Code of practice — complaints handling. |
48. Complaints process. |
49. Right of reply. |
PART 5 |
Enforcement |
Chapter 1 |
Compliance with terms of contract |
50. Investigation into affairs of contractor. |
51. Termination or suspension of contract under Part 6 or 8. |
Chapter 2 |
Financial Sanctions |
52. Definitions (Chapter 2). |
53. Investigation into affairs of broadcaster. |
54. Report, findings, recommendations and procedures relating to outcome of investigation. |
55. Financial sanctions. |
56. Matters to be considered in determining the amount of financial sanction. |
Chapter 3 |
Notifications |
57. Notifications. |
PART 6 |
Broadcasting Contracts and Content Provision Contracts — Commercial and Community Broadcasters |
58. Interpretation (Part 6). |
59. Broadcasting licence. |
60. Variation of broadcasting licence. |
61. Emergencies. |
62. Restriction on award of sound broadcasting contract. |
63. Sound broadcasting contracts. |
64. Community sound broadcasting contracts. |
65. Applications for sound broadcasting contracts. |
66. Determination of applications for award of sound broadcasting contracts and television programme service contract. |
67. Fast-track application process for award of sound broadcasting contracts. |
68. Sound broadcasting contracts for temporary or institutional sound broadcasting services. |
69. Terms and conditions of broadcasting contract. |
70. Television programme service contract. |
71. Content provision contracts. |
72. Community content provision contracts. |
73. Assessment of community needs in respect of broadcasting. |
74. Electronic programme guides. |
75. Rules with respect to programme guide contracts. |
76. Transmission of broadcasting services by MMD system. |
77. Must-carry and must-offer obligations. |
78. Offences (Part 6). |
PART 7 |
Public Service Broadcasting |
Chapter 1 |
Public Service Broadcasting Corporations — Common Provisions |
79. Bodies corporate. |
80. Seals of corporations. |
81. Appointment of board. |
82. Criteria for board membership. |
83. Appointment of staff member. |
84. Terms and removal. |
85. Chairperson. |
86. Exclusions from board membership. |
87. Duties of board members. |
88. Meetings. |
89. Director general. |
90. Staff. |
91. Superannuation. |
92. Accountability of director general and chairperson to Oireachtas Committees. |
93. Disclosure by members of corporation of certain interests. |
94. Disclosure by staff and contractors for services of certain interests. |
95. Code of conduct. |
96. Audience council. |
97. Advisory committees. |
98. Independence. |
99. Statement of strategy. |
100. Sectoral impact assessments by Authority. |
101. Public service statement. |
102. Annual statement of performance commitments. |
103. Ministerial consent for new services and variations in channels. |
104. Establishment of subsidiaries and joint ventures. |
105. Duty of corporation with respect to its revenue. |
106. Advertisements. |
107. Borrowings. |
108. Transactions between public service and commercial opportunities. |
109. Accounts and audit. |
110. Reports and information. |
111. Access to archives. |
112. Code of fair trading practice. |
Chapter 2 |
Provisions specific to RTÉ |
113. Raidió Teilifís Éireann. |
114. Principal objects and associated powers of RTÉ. |
115. Broadcasting infrastructure. |
116. Independent programme account. |
Chapter 3 |
Provisions specific to TG4 |
117. Continuance of Teilifís na Gaeilge. |
118. Principal objects and associated powers of TG4. |
119. Accountability of director general of TG4 to Committee of Public Accounts. |
Chapter 4 |
Exchange of Programme Material and Spectrum Licencing |
120. Duty to supply programme material. |
121. Public service broadcasting licence. |
122. Emergencies. |
Chapter 5 |
Allocation of Public Funding to RTÉ and TG4 |
123. Allocation of public funding. |
124. Recommendations as to changes to public funding. |
Chapter 6 |
Bealach Thithe an Oireachtais and Bealach Scannán na hÉireann |
125. Bealach Thithe an Oireachtais (Houses of the Oireachtas Channel). |
126. Amendment of Schedule to Houses of the Oireachtas Commission Act 2003. |
127. Bealach Scannán na hÉireann (Irish Film Channel). |
128. Oversight of public funding of Houses of the Oireachtas Channel and Irish Film Channel. |
PART 8 |
Digital Broadcasting and Analogue Switch-Off |
129. Definitions (Part 8). |
130. Additional functions of RTÉ. |
131. Additional functions of Authority. |
132. Duty of Communications Regulator in respect of digital terrestrial television multiplexes. |
133. Duty of Communications Regulator in respect of digital terrestrial sound broadcasting multiplexes. |
134. Amendment of sound broadcasting contracts for listed simulcast services. |
135. Regulations prescribing fees. |
136. Applications for multiplex contracts. |
137. Determination of applications for award of multiplex contracts. |
138. Terms and conditions of multiplex contracts. |
139. Analogue switch-off. |
PART 9 |
Television Licence |
140. Definitions (Part 9) — order — “specified place”. |
141. Laying regulations and orders — Part 9. |
142. Restrictions on possession of television set. |
143. Grant of television licences. |
144. Regulations in regard to television licences. |
145. Issue of television licences by agent. |
146. Request to show television licence. |
147. Statutory declaration. |
148. Offences for not having television licence. |
149. Reminder notification and fixed payment notice. |
150. Reminder notification — effective date of television licence and recovery of licence fees. |
151. Prosecution of offences. |
152. Miscellaneous amendments. |
PART 10 |
Broadcasting Fund |
153. Definitions (Part 10). |
154. Broadcasting funding scheme. |
155. Objectives of scheme. |
156. Amounts to be paid by Minister to scheme. |
157. Broadcasting fund. |
158. Reviews of scheme. |
159. Winding-up and dissolution of scheme. |
PART 11 |
Major Events Television Coverage |
160. Definitions (Part 11). |
161. Application. |
162. Designation of major events. |
163. Consultation. |
164. Broadcasters’ duties with respect to designated events. |
165. Broadcasters’ duties with respect to Member State events. |
166. Civil remedies. |
167. Reasonable market rates. |
168. Qualifying broadcaster may apply to High Court to obtain rights from event organiser to provide coverage of designated event on free television services in State, etc. |
169. Arbitration in respect of reasonable market rates where event organiser is willing to sell broadcasting rights to designated event to qualifying broadcaster. |
170. Criteria for determining reasonable market rates. |
171. Obligation to give copy of agreement or arrangement to broadcasting rights to Minister. |
172. Service of directions and notification. |
173. Review of designated events. |
PART 12 |
Transitional Provisions |
174. Dissolution of BCI and saver. |
175. Dissolution of BCC and saver. |
176. Transitional provisions — BCI. |
177. Transitional provisions — BCC. |
178. Final accounts of BCI. |
179. Continuance of Ministerial consents given in respect of public service broadcasters. |
PART 13 |
Wireless Telegraphy |
180. Collective citations — Wireless Telegraphy Acts. |
181. Amendment of Broadcasting and Wireless Telegraphy Acts (increase of fines, etc.). |
182. Matters relating to wireless telegraphy. |
PART 14 |
Miscellaneous |
183. Amendment to definitions in Copyright and Related Rights Act 2000. |
184. Minister’s functions in relation to electronic communications networks and electronic communications services. |
185. Amendment of section 5 of Act of 1998 (advertisement, etc., by Referendum Commission). |
SCHEDULE 1 |
Enactments Repealed |
SCHEDULE 2 |
... |
To continue reading
Request your trial