Broadcasting Act 2009

154.

Broadcasting funding scheme.

154.— (1) The Authority shall prepare and submit to the Minister for his or her approval a scheme or a number of schemes for the granting of funds to support all or any of the following—

( a) new television or sound broadcasting programmes including feature films, animation and drama on Irish culture, heritage and experience, including—

(i) history (including history relating to particular areas, groups or aspects of experience, activity or influence),

(ii) historical buildings,

(iii) the natural environment,

(iv) folk, rural and vernacular heritage,

(v) traditional and contemporary arts,

(vi) the Irish language, and

(vii) the Irish experience in European and international contexts,

( b) new television or sound broadcasting programmes to improve adult or media literacy,

( c) new television or sound broadcasting programmes which raise public awareness and understanding of global issues impacting on the State and countries other than the State,

( d) programmes under paragraphs (a), (b) and (c) in the Irish language,

F7 [ ( e ) the development of archiving of programme material for all or any of the descriptions of programme specified in paragraphs ( a ), ( b ), ( c ), ( d ) and ( f ), including technological and system developments for the purposes of enhancing the availability of and access to archived programme material, and ]

( f) such ancillary measures as are necessary to support schemes prepared under paragraphs (a), (b), (c) or (d).

(2) A scheme—

( a) may only fund television programmes under subsection (1) which are broadcast—

(i) on a free television service which provides near universal coverage in the State, or

(ii) on an appropriate network provider or MMD system as part of a community content provision contract under section 72 ,

and which, other than in the case of programmes for children or educational programmes or programmes in the Irish language broadcast by commercial and community broadcasters, are broadcast during peak viewing times,

( b) may only fund sound broadcasting programmes under subsection (1) which are carried on sound broadcasting services under a contract made by the Authority or operated by RTÉ and which, other than in the case of programmes for children or educational programmes or programmes in the Irish language broadcast by commercial and community broadcasters, are broadcast during peak listening times,

( c) may provide funding for projects relating to matters such as research, needs assessments, analyses, feasibility studies and pilot projects in relation to subsection (1) (e) , including such projects undertaken by or on behalf of the Minister, and

( d) may not provide funding for programmes which are produced primarily for news or current affairs.

(3) A scheme may provide—

( a) for the making of applications by persons for funding under a scheme,

( b) general terms and conditions of funding, or

( c) that funding in a particular year will be directed at—

(i) particular classes of television or sound broadcasting programmes referred to in subsection (1) including but not limited to programmes of a specified nature or subject matter, or broadcast by means of a particular medium (including media of a local or regional nature such as local or community television or radio), or

(ii) particular classes of projects referred to in subsection (1) (e) .

(4) The Authority may attach to any particular funding under a scheme such particular terms or conditions as it considers appropriate in the circumstances.

(5) The Authority in preparing a scheme, may have regard to the developmental needs of community broadcasters.

(6) The Authority, in preparing a scheme, shall have regard to the understanding and enjoyment of television programmes under the scheme by persons who are deaf or hard of hearing.

(7) The Minister may direct the Authority—

( a) to prepare and submit to him or her a scheme relating to any matter in subsection (1) , or

( b) to amend or revoke a scheme.

The Authority shall comply with the direction.

(8) Any amendment or revocation of a scheme shall be submitted by the Authority to the Minister for his or her approval.

(9) A scheme shall, if approved of by the Minister, be—

( a) published (including publication by electronic means capable of being read in legible form), and

( b) carried out in accordance with its terms,

by the Authority.

(10) ( a) A scheme shall be laid before each House of the Oireachtas by the Minister as soon as may be after it is made.

( b) Either House of the Oireachtas may, within 21 sitting days after the day on which a scheme was laid before it in accordance with paragraph (a) , pass a resolution annulling the scheme.

( c) The annulment under paragraph (b) of a scheme takes effect immediately on the passing of the resolution concerned but does not affect anything that was done under a scheme before the passing of the resolution.

(11) On the passing of this Act any scheme made by the BCI and approved by the Minister under section 2 of the Broadcasting (Funding) Act 2003 which is in force on such passing continues and is deemed to have been made and approved under this section.

Annotations:

Amendments:

F7

Substituted (2.08.2011) by Communications Regulation (Postal Services) Act 2011 (21/2011), s. 72, commenced on enactment.