Broadcasting Act 2009


Functions of Authority.

26.— (1) The principal functions of the Authority are to—

( a) prepare a strategy for the provision of broadcasting services in the State additional to those provided by RTÉ, TG4, the Houses of the Oireachtas Channel and the Irish Film Channel,

( b) prepare a statement under section 29 (1) ,

( c) liaise and consult with the Communications Regulator in the preparation of the allocation plan for the frequency range dedicated to sound and television broadcasting,

( d) make a levy order under section 33 (1) ,

( e) prepare or make broadcasting codes and rules,

( f) prepare a scheme for the exercise of the right of reply,

( g) direct the Contract Awards Committee to make arrangements, in accordance with Parts 6 and 8, to invite, consider and recommend to the Authority, and the Authority shall follow such recommendation, proposals for the provision of—

(i) broadcasting services additional to any broadcasting services provided by RTÉ, TG4, the Houses of the Oireachtas Channel and the Irish Film Channel under Part 7 , and

(ii) multiplex services additional to any multiplex services provided by RTÉ under Parts 7 and 8,

( h) prepare rules and enter into contracts in respect of electronic programme guides,

( i) determine disputes arising under section 76(2) and section 77(5),

( j) make a report to the Minister under section 77 (15),

( k) consult with the Minister under sections 101(3) , 102(3) , 103(4) , 104(1) , (2) and (3), 106(3) , 107(3) , 111(4) , 112(2) , (7) and (11), 116(5) , 127(6) , 130(1) and 130(12) ,

( l) prepare and issue guidance to RTÉ and TG4 as to the fulfilment of their obligations under sections 109 (11) and 112 (2) ,

( m) undertake a review under section 124 (2) and (8) and section 128 (3) ,

( n) make a recommendation under section 124 (5) and (12) ,

( o) make a request under section 115 , section 130 (10) , section 132 (3) or section 133 (3) or (4) ,

( p) make a report to the Minister under section 139 (1) in respect of preparedness for analogue switch-off,

( q) provide information to the public on the availability of services by means of television multiplexes, and

( r) prepare and implement schemes for the granting of funds under Part 10 .

(2) The Authority has the following ancillary functions—

( a) to collect and disseminate information on the broadcasting sector in the State,

( b) to monitor developments in broadcasting internationally,

( c) to initiate, organise, facilitate and promote research relating to broadcasting matters,

( d) to collect and disseminate information in relation to the skills requirements of the broadcasting sector,

( e) to co-operate with other bodies, including representative bodies within the broadcasting sector, to promote training activities in areas of skill shortages in the broadcasting sector,

( f) to co-operate with other bodies outside the State which perform similar functions to the Authority, and

( g) to undertake, encourage and foster research, measures and activities which are directed towards the promotion of media literacy, including co-operation with broadcasters, educationalists and other relevant persons.

(3) In fulfilling its function under subsection (1) (a) the Authority shall consider the needs of community broadcasters in respect of digital broadcasting.

(4) For the purposes of the independent discharge of their functions and duties as set out in this Part, the Authority or a statutory committee may enter into agreements with one another.

(5) The Minister may confer on the Authority by order such other additional functions in relation to broadcasting services as he or she may from time to time consider necessary.

(6) ( a) An order made under subsection (5) shall be laid before each House of the Oireachtas as soon as practicable after it is made.

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

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


Editorial Notes:


Power pursuant to subs. (5) exercised (10.02.2011) by Broadcasting Act 2009 (Section 26(5)) (Conferral of Additional Functions - Broadcasting Services) Order 2011 (S.I. No. 67 of 2011).