Broadcasting Act 2009

162.

Designation of major events.

162.— (1) The Minister may by order—

( a) designate events as events of major importance to society for which the right of a qualifying broadcaster to provide coverage on free television services should be provided in the public interest, and

( b) determine whether coverage on free television services of an event designated under paragraph (a) should be available—

(i) on a live, deferred or both live and deferred basis, and

(ii) in whole, in part or both in whole and in part.

(2) The Minister shall have regard to all the circumstances and in particular each of the following criteria in making a designation under subsection (1) (a) :

( a) the extent to which the event has a special general resonance for the people of Ireland, and

( b) the extent to which the event has a generally recognised distinct cultural importance for the people of Ireland.

(3) In order to determine the extent to which the criteria in subsection (2) have been met, the following factors may be taken into account by the Minister:

( a) whether the event involves participation by a national or non-national team or by Irish persons;

( b) past practice or experience with regard to television coverage of the event or similar events.

(4) The Minister shall consider the following in making the determination under subsection (1) (b) :

( a) the nature of the event,

( b) the time within the State at which the event takes place, and

( c) practical broadcasting considerations.

(5) The Minister shall consult with the Minister for Arts, Sport and Tourism before making, revoking or amending an order under this section.

(6) Where it is proposed to make, revoke or amend an order under this section, a draft of the order shall be laid before each House of the Oireachtas and the order shall not be made until a resolution approving the draft has been passed by each House.

(7) On the passing of this Act any order made under section 2 of the Broadcasting (Major Events Television Coverage) Act 1999 which is in force on such passing continues and is deemed to have been made under this section.

Annotations:

Editorial Notes:

E13

Power pursuant to section exercised (25.10.2017) by Broadcasting Act 2009 (Designation of Major Events) Order 2017 (S.I. No. 465 of 2017).

E14

Previous affecting provision: Broadcasting (Major Events Television Coverage) Act 1999 (Designation of Major Events) Order 2003 (S.I. No. 99 of 2003) deemed to have been made under subs. (7); revoked (25.10.2017) by Broadcasting Act 2009 (Designation of Major Events) Order 2017 (S.I. No. 465 of 2017), art. 4.