Broadcasting Act 2009

127.

Bealach Scannán na hÉireann (Irish Film Channel).

127.— (1) The Irish Film Board may establish, fund and provide a television broadcasting service to be known as, in the Irish language, Bealach Scannán na hÉireann or, in the English language, the Irish Film Channel, 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.

(2) The Irish Film Channel shall, as its principal purpose, provide programme material consisting of Irish, European, and world films and cinema works including, as far as practicable, film and cinema works in the Irish language.

(3) The Irish Film Board may enter into such contracts as are necessary to establish and maintain the Irish Film Channel.

(4) The Irish Film Channel may broadcast advertisements, broadcast acknowledgements of sponsorship, may fix charges and conditions for such broadcasts and, in fixing the charges, may provide for different circumstances and for additional special charges to be made in special cases.

(5) The Irish Film Channel may reject any advertisement presented for broadcast in whole or in part.

(6) The Irish Film Channel in providing a broadcasting service under this section shall, subject to the consent of the Minister and the Minister for Arts, Sport and Tourism following consultation with the Authority, fix—

( a) the total daily time for broadcasting advertisements, and

( b) the maximum period given to advertisements in any 3 hour period.

(7) Film and cinema works broadcast by the Irish Film Channel shall be broadcast uninterrupted by advertisements or acknowledgements of sponsorship.

(8) The Minister, if so requested by the Referendum Commission following consultation by the Referendum Commission with the Irish Film Channel and consideration of any proposals of the Irish Film Channel for broadcasts in connection with the referendum that it communicates to the Referendum Commission, shall direct the Irish Film Channel in writing to allocate broadcasting time to facilitate the Referendum Commission in performing its functions, and the Irish Film Channel shall comply with a direction under this subsection.

(9) Charges and conditions referred to in subsection (4) may be fixed subject to variations benefiting advertisers who use the Irish language in their advertisements.

(10) A power under this section to fix charges and conditions shall be read as including a power to cancel or vary any charges or conditions fixed under such power and, where charges or conditions are cancelled, to fix other charges or conditions in lieu of those cancelled.

(11) In this section references to advertisements shall be read as including references to teleshopping material and to advertising matter in sponsored programmes, that is to say, programmes supplied for advertising purposes by or on behalf of an advertiser.

(12) Nothing in this section shall preclude the Irish Film Channel from promoting the services of the Irish Film Board or promoting its future broadcasting of featured films and works.