Broadcasting Act 2009

181.

Amendment of Broadcasting and Wireless Telegraphy Acts (increase of fines, etc.).

181.— (1) Section 2 of the Act of 1926 is amended—

( a) by substituting for the definition of “the appropriate authority” (inserted by Part 1 of Schedule 1 of the Act of 2007) the following:

“except as provided by section 9, ‘appropriate authority’—

( a) in relation to wireless telegraphy apparatus in ships and vessels associated with safety and security on board them and their operation (including the certificates of competency for the operation of apparatus for wireless telegraphy on ships and vessels), means the Minister for Transport, and

( b) in relation to any other matter, means the Commission;”,

( b) by deleting the definition of “broadcast matter”, and

( c) by inserting after the definition of “signalling station” the following:

“‘television set’ has the meaning assigned to it by section 140 of the Broadcasting Act 2009.”.

(2) Section 3 of the Act of 1926 is amended by substituting for subsection (3) (inserted by section 12(1)( a) of the Act of 1988) the following:

“(3) A person who keeps, has in his or her possession, installs, maintains, works or uses any apparatus (other than a television set) in contravention of this section commits an offence and is liable—

( a) on summary conviction, to a fine not exceeding €5,000, or

( b) on conviction on indictment, to a fine not exceeding €250,000.”.

(3) Section 10 of the Act of 1926 is amended in subsection (8) (inserted by section 12(1) (d)(ii) of the Act of 1988) by substituting for paragraphs ( a) and ( b) the following:

“( a) on summary conviction, to a fine not exceeding €5,000, or

( b) on conviction on indictment, to a fine not exceeding €250,000.”.

(4) Section 11 of the Act of 1926 is amended in subsection (3) (inserted by section 12(1)( f) of the Act of 1988) by substituting—

( a) in paragraph ( a) “€5,000” for “one thousand pounds”, and

( b) in paragraph ( b) “€250,000” for “twenty thousand pounds”.

(5) Section 12 of the Act of 1926 is amended in subsection (1) (as amended by section 34( e) of the Broadcasting Authority Act 1960) by substituting “under the Broadcasting Act 2009” for “under Part II of this Act or under the Broadcasting Authority Act, 1960”.

(6) Section 12 of the Act of 1926 is amended in subsection (3) (as amended by section 12(1) (g) of the Act of 1988) by substituting for paragraphs ( a) and ( b) the following:

“( a) on summary conviction, to a fine not exceeding €5,000, or

( b) on conviction on indictment, to a fine not exceeding €250,000.”.

(7) Section 12A of the Act of 1926 is amended by substituting for subsection (12) (inserted by section 12(1) (h) of the Act of 1988) the following:

“(12) A person guilty of an offence under this section is liable—

( a) on summary conviction, to a fine not exceeding €5,000, or

( b) on conviction on indictment, to a fine not exceeding €250,000.”.

(8) Section 7(1) of the Broadcasting (Offences) Act 1968 is amended by substituting—

( a) in paragraph (a)“€5,000” for “£1,000” (inserted by section 18 of the Act of 1988), and

( b) in paragraph (b)“€250,000” for “£20,000” (inserted by that section).

(9) Section 10 of the Act of 1972 is amended—

( a) in subsection (1), by substituting for paragraph ( a) the following:

“( a) without reasonable cause or excuse, fails to comply with a requirement of an order under section 5, or”,

( b) in subsection (3) (as amended by section 12(2) (a) of the Act of 1988) by substituting—

(i) in paragraph (a), “€2,000” for “five hundred pounds”, and

(ii) in paragraph (b), “€5,000” for “one thousand pounds”, and

( c) in subsection (4) (a) (inserted by section 12(2) (b) of the Act of 1988) by substituting for subparagraph (i) the following:

“(i) A person guilty of an offence under subsection (2) is liable—

(I) on summary conviction, to a fine not exceeding €5,000, or

(II) on conviction on indictment, to a fine not exceeding €250,000.”.

(10) The Act of 1988 is amended—

( a) in section 6, by substituting for subsection (1) the following:

“(1) A person guilty of an offence under section 3, 4 or 5 is liable—

( a) on summary conviction, to a fine not exceeding €5,000, or

( b) on conviction on indictment, to a fine not exceeding €250,000.”,

( b) in section 8, by substituting “€5,000” for “£1,000”,

( c) in section 9, by substituting for subsection (4) the following:

“(4) A person who contravenes subsection (1) commits an offence and is liable on summary conviction to a fine not exceeding €5,000.”.

(11) Section 11 of the Broadcasting Act 1990 is amended by substituting for subsection (1) the following:

“(1) A person guilty of an offence under section 9 or 10 is liable—

( a) on summary conviction to a fine not exceeding €5,000, or

( b) on conviction on indictment, to a fine not exceeding €250,000.”.