Broadcasting Act 2009

46J

Harm, offence, incitement, and authority of State.

46J. (1) A broadcaster shall not broadcast, and a provider of an audiovisual on‑demand media service shall not make available in a catalogue of the service

(a) anything which may reasonably be regarded as causing harm or undue offence,

(b) anything which may reasonably be regarded as likely to promote, or incite to, crime,

(c) anything which may reasonably be regarded as conduct falling within Article 5 of Directive (EU) 2017/541 of the European Parliament and of the Council of 15 March 201710 on combating terrorism and replacing Council Framework Decision 2002/475/JHA and amending Council Decision 2005/671/JHA,

(d) anything which may reasonably be regarded as likely to incite to violence or hatred directed against a group of persons, or a member of a group, based on any of the grounds referred to in Article 21 of the Charter, or

(e) anything which may reasonably be regarded as tending to undermine the authority of the State.

(2) A failure to comply with subsection (1) shall be a contravention for the purposes of Part 8B.]

Annotations

Amendments:

F67

Inserted (15.03.2023) by Online Safety and Media Regulation Act 2022 (41/2022), s. 10, S.I. No. 71 of 2023.