Broadcasting Act 2009

118.

Principal objects and associated powers of TG4.

118.— (1) The objects of TG4 are—

( a) to establish, maintain and operate a national television broadcasting service, which shall have the character of a public service, be a free-to-air service and be made available, in so far as it is reasonably practicable, to the whole community on the island of Ireland,

( b) to establish and maintain a website and teletext services in connection with the services of TG4 under paragraphs (a) , (c) , (d) , (e) , (f) , (g) and (h) ,

( c) to establish and maintain choirs and other cultural performing groups in connection with the services of TG4 under paragraphs (a) , (f) , (g) and (h) ,

( d) to assist and co-operate with the relevant public bodies in preparation for, and execution of, the dissemination of relevant information to the public in the event of a major emergency,

( e) to establish and maintain archives and libraries containing materials relevant to the objects of TG4 under this subsection,

( f) to establish, maintain and operate, in so far as it is reasonably practicable, a television broadcasting service, which shall have the character of a public service, to be made available to Irish communities outside of the island of Ireland,

( g) subject to the consent of the Minister, the Minister having consulted with the Authority, to establish, maintain and operate in so far as it is reasonably practicable, community, local, or regional broadcasting services, which shall have the character of a public service, and be available free-to-air,

( h) subject to the consent of the Minister, the Minister having consulted with the Authority, to establish and maintain non-broadcast non-linear audio-visual media services, in so far as it is reasonably practicable, which shall have the character of a public broadcasting service (such consent not being required in respect of such services which are ancillary to a broadcasting service provided under paragraphs (a) , (d) , (f) and (g) ),

( i) so far as it is reasonably practicable, to exploit such commercial opportunities as may arise in pursuit of the objects outlined in paragraphs (a) to (h) .

(2) In pursuit of the objects outlined in subsection (1) , TG4 shall—

( a) be responsive to the interests and concerns of the whole community, be mindful of the need for understanding and peace within the whole island of Ireland, ensure that the programmes reflect the varied elements which make up the culture of the people of the whole island of Ireland, and have special regard for the elements which distinguish that culture and in particular for the Gaeltachtaí,

( b) uphold the democratic values enshrined in the Constitution, especially those relating to rightful liberty of expression, and

( c) have regard to the need for the formation of public awareness and understanding of the values and traditions of countries other than the State, including in particular those of other Member States.

(3) Without prejudice to the generality of subsection (1) , TG4 shall ensure that the programme schedules of the broadcasting services referred to in that subsection—

( a) provide a comprehensive range of programmes, primarily in the Irish language, that reflect the cultural diversity of the whole island of Ireland and include programmes that entertain, inform and educate, provide coverage of sporting, religious and cultural activities and cater for the expectations of those of all age groups in the community whose preferred spoken language is Irish or who otherwise have an interest in Irish,

( b) provide programmes, primarily in the Irish language, of news and current affairs,

( c) provide coverage of proceedings in the Houses of the Oireachtas and the European Parliament, and

( d) facilitate or assist contemporary cultural expression and encourage or promote innovation and experimentation in broadcasting.

(4) The principal express powers of TG4 in pursuance of the objects outlined in subsection (1) are—

( a) to establish, maintain and operate broadcasting stations and to acquire, install and operate apparatus for wireless telegraphy,

( b) subject to any regulations under the Act of 1926, which are for the time being in force, to provide for the distribution by means of wired broadcast relay stations of programmes broadcast by TG4 and such other programmes as TG4 may decide,

( c) to originate programmes and procure programmes from any source,

( d) to make contracts, agreements and arrangements incidental or conducive to the objects of TG4,

( e) to acquire and make use of copyrights, patents, licences, privileges and concessions,

( f) to collect news and information and to subscribe to news services and such other services as may be conducive to the objects of TG4,

( g) to subscribe to such international associations, and to such educational, musical and dramatic bodies and such other bodies promoting entertainment or culture, as may be conducive to the objects of TG4,

( h) to organise, provide and subsidise concerts, entertainments, education and other activities in connection with a broadcasting service or for any purpose incidental to it and, in relation to any such concert or entertainment, to provide or procure accommodation and, if desired, to make charges for admission,

( i) to prepare, publish and distribute, with or without charge, such magazines, books, papers and other printed matter as may seem to TG4 to be conducive or incidental to its objects,

( j) to arrange with other broadcasting organisations or authorities for the distribution, receipt, exchange and relay of programmes (whether live or recorded),

( k) to compile, publish and distribute, with or without charge, recorded aural and visual material,

( l) to provide programmes of news and current affairs in the Irish and English languages, including programmes that provide coverage of proceedings in the Houses of the Oireachtas and the European Parliament,

( m) to facilitate or assist contemporary cultural expression and encourage or promote innovation and experimentation in broadcasting,

( n) to invest in, originate or procure films,

( o) to establish and maintain websites,

( p) to establish and maintain an electronic communications network subject to any enactment or rule of law,

( q) to establish and maintain an “electronic communications service” meaning a service which consists wholly or mainly in the conveyance of signals on electronic communications networks, subject to the provisions of any enactment or rule of law,

( r) to make available the broadcasting services of TG4 in so far as reasonably practicable by any and all means of transmission, relaying or distribution, whether by way of broadcast (which includes terrestrial sound and television broadcasting networks, cable networks or satellite networks), or by any form of electronic means (which includes fixed terrestrial networks, mobile terrestrial networks, including the Internet and other electronic communications networks) and whether now known or hereinafter invented on a linear or non-linear basis, and

( s) to invest any of its funds in any manner in which a trustee is empowered by law to invest trust funds.

(5) TG4 may, for the purpose of complementing the programme material it broadcasts in the Irish language, acquire programme material in other languages; in acquiring such material, TG4 shall have regard to the need to maintain the distinctive character of the broadcasting service referred to in paragraph (a) of subsection (1) and to cater for the expectations of audiences who are not generally catered for by other broadcasting services.

(6) Nothing in this section is to be read as preventing TG4 from including in the programme schedules programmes made outside the State.

(7) Nothing in this section is to be read as preventing TG4 from providing broadcasting services which are of a special interest to only certain members of the community and which are made available on a subscription or pay-per-view basis under its exploitation of commercial opportunities object.

(8) TG4 shall have all such powers as are necessary or incidental to the attainment of the objects under subsection (1) and which are not inconsistent with this Act.

F1 [ (9) Each amount paid to TG4 under section 123(4) shall be used by TG4 solely for the purposes of

( a ) pursuing its public service objects, and

( b ) paying amounts levied on TG4 under section 33. ]

Annotations:

Amendments:

F1

Substituted (2.08.2011) by Communications Regulation (Postal Services) Act 2011 (21/2011), s. 68, commenced on enactment.