Broadcasting Act 2009

28.

Functions of Compliance Committee.

28.— (1) The principal functions of the Compliance Committee are to—

( a) monitor compliance by contractors with the terms and conditions of any contract entered into by the Authority on the recommendation of the Contract Awards Committee under this Act,

( b) enforce the terms and conditions of any contract entered into by the Authority on the recommendation of the Contract Awards Committee under this Act,

( c) monitor compliance by—

(i) broadcasters with sections 39 , 40 and 41 ,

(ii) RTÉ and TG4 with section 106 (3) , and

(iii) the Irish Film Channel with section 127 (6) ,

( d) enforce compliance by—

(i) broadcasters with sections 39 , 40 and 41 ,

(ii) RTÉ and TG4 with section 106 (3) , and

(iii) the Irish Film Channel with section 127 (6),

( e) monitor compliance by broadcasters with any broadcasting code or rule,

( f) enforce compliance by broadcasters with any broadcasting code or rule,

( g) investigate and decide upon a complaint made under section 48 , and

( h) investigate and decide upon a request made under section 49 .

(2) The Compliance Committee has the following additional functions—

( a) at the request of the Minister, to report on compliance by a corporation under s ections 108 (3) , 109 (13) , 111 (11) , and 112 (10),

( b) at the request of the Minister, to report on the proportion of the television programme service of a broadcaster which is—

(i) produced in the State or in another Member State, and

(ii) devoted to original programme material produced therein by persons other than the broadcaster, his or her subsidiary, his or her parent or existing broadcasting organisations.

(3) The Compliance Committee may delegate some of its functions to a member of staff of the Authority, who is not a member of the Compliance Committee, subject to such conditions as the Compliance Committee considers appropriate and the member of staff concerned shall be accountable to the Compliance Committee for the performance of the functions so delegated to him or her.

(4) The Compliance Committee may delegate some of its functions to a subcommittee of the Compliance Committee, subject to such conditions as the Compliance Committee considers appropriate.

(5) The Compliance Committee shall review on an ongoing basis the extent to which the television broadcasts of broadcasters under the jurisdiction of another Member State which are wholly or mainly directed towards audiences in the State comply with broadcasting codes, in particular the codes referred to in section 42 (2) (g) and (h) .

(6) The Compliance Committee shall each year make a report to the Minister in respect of the matters in subsection (5) .

(7) The Minister shall cause a copy of the report referred to in subsection (6) to be laid before each House of the Oireachtas.