Broadcasting Act 2009


Number 18 of 2009


BROADCASTING ACT 2009

REVISED

Updated to 25 October 2017


This revised Act is an administrative consolidation of the Broadcasting Act 2009. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.

All Acts up to and including Mediation Act 2017 (27/2017), enacted 2 October 2017, and all statutory instruments up to and including Broadcasting Act 2009 (Designation of Major Events) Order 2017 (S.I. No. 465 of 2017), made 25 October 2017, were considered in the preparation of this Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to

revisedacts@lawreform.ie.


Number 18 of 2009


BROADCASTING ACT 2009

REVISED

Updated to 25 October 2017


Introduction

This revision presents the text of the Act as it has been amended since enactment, and preserves the format in which it was first passed.

Related legislation

Broadcasting (Offences) Acts 1968 to 2009 : this Act is one of a group of Acts included in this collective citation, to be construed together as one ( Broadcasting Act 2009 (18/2009), s. 180(2)). The Acts in this group are:

Broadcasting (Offences) Act 1968 (35/1968)

Broadcasting and Wireless Telegraphy Act 1988 (19/1988), other than ss. 2, 9, 10, 11, 12, 16, 17 and 19

Broadcasting Act 1990 (24/1990), ss. 9 to 16

Broadcasting Act 2009 (18/2009), ss. 181(8), (10) and (11)

Wireless Telegraphy Acts 1926 to 2009 : this Act is one of a group of Acts included in this collective citation, to be construed together as one ( Broadcasting Act 2009 (18/2009), s. 180(1)). The Acts in this group are:

Wireless Telegraphy Act 1926 (45/1926)

Broadcasting Authority Act 1960 (10/1960), in so far as it amends the Wireless Telegraphy Acts 1926 and 1956

Wireless Telegraphy Act 1972 (5/1972)

Broadcasting and Wireless Telegraphy Act 1988 (19/1988), ss. 2, 9, 10, 11, 12, 14, 15, 16, 17 and 19

Broadcasting Act 2009 (18/2009), ss. 181(1) to (7) and (9), 182

Acts previously included in the group but now repealed are:

Wireless Telegraphy Act 1956 (4/1956)

Broadcasting Authority (Amendment) Act 1964 (4/1964), in so far as it amends the Wireless Telegraphy Acts 1926 and 1956

Broadcasting Authority (Amendment) Act 1966 (7/1966), in so far as it amends the Wireless Telegraphy Acts 1926 and 1956

Broadcasting Authority (Amendment) Act 1971 (2/1971), in so far as it amends the Wireless Telegraphy Acts 1926 and 1956

Annotations

This revised Act is annotated and includes textual and non-textual amendments, statutory instruments made pursuant to the Act and previous affecting provisions. A version without annotations, showing only textual amendments, is also available.

An explanation of how to read annotations is available at

www.lawreform.ie/annotations.

Material not updated in this revision

Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked. This information is not represented in this revision but will be reflected in a revision of the amended legislation if one is available.

Where legislation or a fragment of legislation is referred to in annotations, changes to this legislation or fragment may not be reflected in this revision but will be reflected in a revision of the legislation referred to if one is available.

A list of legislative changes to any Act, and to statutory instruments from 1993, may be found in the Legislation Directory at www.irishstatutebook.ie.

Acts which affect or previously affected this revision

Communications Regulation (Postal Services) Act 2011 (21/2011)

Ministers and Secretaries (Amendment) Act 2011 (10/2011)

All Acts up to and including Mediation Act 2017 (27/2017), enacted 2 October 2017, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

Broadcasting Act 2009 (Designation of Major Events) Order 2017 (S.I. No. 465 of 2017)

Broadcasting Authority of Ireland (Superannuation) Scheme 2017 (S.I. No. 269 of 2017)

Broadcasting Act 2009 (Section 130 (1)(a)(iv) Designation) Order 2016 (S.I. No. 328 of 2016)

Broadcasting Act 2009 (Section 130(1)(a)(iv) Designation) Order 2014 (S.I. No. 542 of 2014)

Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011)

European Communities (Electronic Communications Networks and Services) (Access) Regulations 2011 (S.I. No. 334 of 2011)

Tourism and Sport (Transfer of Departmental Administration and Ministerial Functions) (No. 2) Order 2011 (S.I. No. 217 of 2011)

Broadcasting Act 2009 (Section 26(5)) (Conferral of Additional Functions - Broadcasting Services) Order 2011 (S.I. No. 67 of 2011)

RTÉ (National Television Multiplex) Order 2010 (S.I. No. 85 of 2010)

Broadcasting Act 2009 (Section 33) Levy Order 2010 (S.I. No. 7 of 2010)

Broadcasting Authority of Ireland (Establishment Day) Order 2009 (S.I. No. 389 of 2009)

Television Licence (Exemption of Classes of Television Set) Order 2009 (S.I. No. 319 of 2009)

Broadcasting (Major Events Television Coverage) Act 1999 (Designation of Major Events) Order 2003 (S.I. No. 99 of 2003)

All statutory instruments up to and including Broadcasting Act 2009 (Designation of Major Events) Order 2017 (S.I. No. 465 of 2017), made 25 October 2017, were considered in the preparation of this revision.


Number 18 of 2009


BROADCASTING ACT 2009

REVISED

Updated to 25 October 2017


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

Sections 5 to 9 of the Wireless Telegraphy Act 1926


Acts Referred to

British-Irish Agreement Act 1999

1999, No. 1

Broadcasting (Amendment) Act 2007

2007,No. 15

Broadcasting (Funding) Act 2003

2003,No. 43

Broadcasting (Major Events Television Coverage) (Amendment) Act 2003

2003,No. 13

Broadcasting (Major Events Television Coverage) Act 1999

1999,No. 28

Broadcasting (Offences) Act 1968

1968,No. 35

Broadcasting (Offences) Acts 1968 and 1988

Broadcasting Act 1990

1990,No. 24

Broadcasting Act 2001

2001,No. 4

Broadcasting and Wireless Telegraphy Act 1988

1988,No. 19

Broadcasting Authority (Amendment) Act 1964

1964,No. 4

Broadcasting Authority (Amendment) Act 1966

1966,No. 7

Broadcasting Authority (Amendment) Act 1971

1971,No. 2

Broadcasting Authority (Amendment) Act 1973

1973,No. 1

Broadcasting Authority (Amendment) Act 1974

1974,No. 33

Broadcasting Authority (Amendment) Act 1976

1976,No. 37

Broadcasting Authority (Amendment) Act 1979

1979,No. 36

Broadcasting Authority (Amendment) Act 1993

1993,No. 15

Broadcasting Authority Act 1960

1960,No. 10

Communications Regulation Act 2002

2002,No. 20

Communications Regulation (Amendment) Act 2007

2007,No. 22

Companies Act 1963

1963,No. 33

Companies Act 1990

1990,No. 33

Comptroller and Auditor General (Amendment) Act 1993

1993,No. 8

Copyright and Related Rights Act 2000

2000,No. 28

Disability Act 2005

2005,No. 14

Ethics in Public Office Act 1995

1995,No. 22

European Communities (Amendment) Act 1993

1993,No. 25

European Parliament Elections Act 1997

1997,No. 2

Houses of the Oireachtas Commission Act 2003

2003,No. 28

Intoxicating Liquor Act 2003

2003,No. 31

Local Government Act 2001

2001,No. 37

Maritime Safety Act 2005

2005,No. 11

Mercantile Marine Act 1955

1955,No. 29

Police (Property) Act 1897

60 & 61 Vic. c. 30.

Postal and Telecommunications Services Act 1983

1983,No. 24

Prohibition of Incitement to Hatred Act 1989

1989,No. 19

Radio and Television Act 1988

1988,No. 20

Referendum Act 1998

1998,No. 1

Registration of Clubs (Ireland) Act 1904

4 Edw. 7, c. 9

Road Traffic Act 1961

1961,No. 24

Wireless Telegraphy Act 1926

1926,No. 45

Wireless Telegraphy Act 1972

1972,No. 5

Wireless Telegraphy Acts 1926 to 1988

Wireless Telegraph Act 1956

1956,No. 4


Number 18 of 2009


BROADCASTING ACT 2009

REVISED

Updated to 25 October 2017


AN ACT TO REVISE THE LAW RELATING TO BROADCASTING SERVICES AND CONTENT AND FOR THAT PURPOSE TO ESTABLISH AN AUTHORITY TO BE KNOWN AS, IN THE ENGLISH LANGUAGE, THE BROADCASTING AUTHORITY OF IRELAND OR, IN THE IRISH LANGUAGE, ÚDARÁS CRAOLACHÁIN NA hÉIREANN, TO DISSOLVE THE BROADCASTING COMMISSION OF IRELAND AND THE BROADCASTING COMPLAINTS COMMISSION, TO AMEND AND REPEAL CERTAIN ENACTMENTS RELATING TO BROADCASTING, TO PROVIDE FOR MATTERS RELATING TO TELEVISION LICENCES, TO PROVIDE FOR THE REGULATION AND PROVISION OF TELECOMMUNICATIONS SERVICES AND TO PROVIDE FOR CONNECTED MATTERS.

[12 th July, 2009]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Annotations:

Modifications (not altering text):

C1

Application of collectively cited Wireless Telegraphy Acts restricted (6.06.2016) by European Union (Radio Equipment) Regulations 2017 (S.I. No. 248 of 2017), reg. 46(2).

Application of the Wireless Telegraphy Act, 1926

46. (1) Notwithstanding section 3 (1) of the Wireless Telegraphy Act, 1926, a person shall not be required to hold a licence under that Act to keep or have in his or her possession any apparatus for wireless telegraphy solely for the purpose of placing that apparatus on the market, within the meaning of the Directive.

(2) Nothing in the Wireless Telegraphy Acts, 1926 to 1988, shall operate to restrict or prevent any person from working or using an apparatus for wireless telegraphy, which is lawfully in their possession, or which is otherwise in compliance with the licensing requirements of those Acts for its intended purpose where it complies with the provisions of the Directive, save where such restriction or prevention is related to the effective and appropriate use of the radio frequency spectrum, avoidance of harmful interference or matters relating to public health.

C2

Functions transferred and references to “Department of Finance” and “Minister for Finance” construed (29.07.2011) by Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011), arts. 2, 3, 5 and sch. 1 part 2, in effect as per art. 1(2), subject to transitional provisions.

2. (1) The administration and business in connection with the performance of any functions transferred by this Order are transferred to the Department of Public Expenditure and Reform.

(2) References to the Department of Finance contained in any Act or instrument made thereunder and relating to the administration and business transferred by paragraph (1) shall, on and after the commencement of this Order, be construed as references to the Department of Public Expenditure and Reform.

3. The functions conferred on the Minister for Finance by or under the provisions of —

(a) the enactments specified in Schedule 1, and

(b) the statutory instruments specified in Schedule 2,

are transferred to the Minister for Public Expenditure and Reform.

...

5. References to the Minister for Finance contained in any Act or instrument under an Act and relating to any functions transferred by this Order shall, from the commencement of this Order, be construed as references to the Minister for Public Expenditure and Reform.

...

Schedule 1

Enactments

...

Part 2

1922 to 2011 Enactments

Number and Year

Short Title

Provision

...

No. 18 of 2009

...

...

Broadcasting Act 2009

...

...

Sections 10, 17(2), 34, 36(3), 37, 55(7), 61(4), 67(10), 69(13), 97, 104, 122(3), 123, 144(3), 149(5), 156 and 159

...

C3

Functions transferred and references to “Minister” and “Department of Finance” construed (6.07.2011) by Ministers and Secretaries (Amendment) Act 2011 (10/2011), ss. 7, 9, 11, 15, 20 and sch. 2 part 1, commenced as per s. 1(2).

Department of Public Expenditure and Reform.

7.— (1) There shall stand established on the appointed day a Department of State to be known, in the Irish language, as an Roinn Caiteachais Phoiblí agus Athchóirithe or, in the English language, as the Department of Public Expenditure and Reform.

(2) The member of the Government who is in charge of the Department of Public Expenditure and Reform—

(a) shall be known, in the Irish language, as an tAire Caiteachais Phoiblí agus Athchóirithe or, in the English language, as the Minister for Public Expenditure and Reform, and

(b) is, in this Act, referred to as the “Minister”.

...

Transfer of certain other functions to Minister.

9.— ...

(2) The functions conferred on the Minister for Finance by or under any of the provisions specified in Part 1 of Schedule 2 are transferred to the Minister.

...

Transfer of administration and business of Department of Finance.

11.— (1) The administration and business in connection with the performance of the functions transferred by sections 8 and 9 are hereby transferred to the Department of Public Expenditure and Reform.

(2) References to the Department of Finance contained in any statute or instrument under a statute in so far as they relate to the administration and business transferred by subsection (1) shall, from the appointed day, be construed as references to the Department of Public Expenditure and Reform.

...

Construction of references

15.— (1) References to the Minister for Finance contained in any statute or instrument under a statute in so far as they relate to any function transferred by this Act shall, from the appointed day, be construed as references to the Minister.

...

Performance of certain functions transferred to Minister by section 9.

20.— (1) The Minister shall not perform a function transferred by subsection (2) of section 9 without the consent of the Minister for Finance.

...

SCHEDULE 2

Functions Transferred To Minister

...

PART 1

Functions performable with consent of Minister for Finance

STATUTES

Number and Year

Short Title

Provision

(1)

(2)

(3)

...

...

...

No. 18 of 2009

Broadcasting Act 2009

Sections 35 and 107

...

...

...

C4

Functions transferred and references to “Department of Tourism, Culture and Sport” and “Minister for Tourism, Culture and Sport” construed (1.06.2011) by Tourism and Sport (Transfer of Departmental Administration and Ministerial Functions) (No. 2) Order 2011 (S.I. No. 217 of 2011), arts. 2 and 3, in effect as per art. 1(2), subject to transitional provisions.

2. (1) The administration and business in connection with the exercise, performance or execution of any functions transferred by Article 3 are transferred to the Department of Transport, Tourism and Sport.

(2) References to the Department of Tourism, Culture and Sport contained in any Act or any instrument made under such Act and relating to any administration and business transferred by paragraph (1) shall, from the commencement of this Order, be construed as references to the Department of Transport, Tourism and Sport.

3. (1) The functions vested in the Minister for Tourism, Culture and Sport—

(a) by or under—...

...

(vi) the Broadcasting Act 2009 (No. 18 of 2009), and

...

(2) References to the Minister for Tourism, Culture and Sport contained in any Act or instrument made under such Act and relating to any functions transferred by this Article shall, from the commencement of this Order, be construed as references to the Minister for Transport, Tourism and Sport.