Broadcasting Act 2009

70.

Television programme service contract.

70.— (1) The Authority, on the recommendation of the Contract Awards Committee, shall enter into a contract (“television prog ramme service contract”) with a person or persons (“television programme service contractor”) who shall have the right and duty to establish and maintain a television programme service and who, subject to section 139 , shall have the right and duty, subject to the terms of the contract, to establish, maintain and operate television broadcasting transmitters for the purpose of transmitting the television programme service as a free-to-air service.

(2) The Authority shall ensure that a television programme service provided by a television programme service contractor under this section shall in its programming—

( a) be responsive to the interests and concerns of the whole community, be mindful of the need for understanding and peace within the whole island of Ireland, ensure that the programmes reflect the varied elements which make up the culture of the people of the whole island of Ireland, and have special regard for the elements which distinguish that culture and in particular for the Irish language,

( b) uphold the democratic values enshrined in the Constitution, especially those relating to rightful liberty of expression,

( c) have regard to the need for the formation of public awareness and understanding of the values and traditions of countries other than the State, including in particular those of other Member States, and

( d) include a reasonable proportion of news and current affairs programmes.

(3) A television programme service contractor shall in its programming comply with the requirements set out in paragraphs (a) to (d) of subsection (2) .

(4) For the purpose of ensuring compliance with subsection (2) the Authority shall ensure that a reasonable proportion of the television programme service—

( a) is produced in the State or in another Member State, and

( b) is devoted to original programme material produced therein by persons other than the contractor, its subsidiary, its parent or existing broadcasting organisations.

(5) The television programme service contract entered into between TV3 Television Network Limited trading as TV3 and the BCI under section 17 of the Radio and Television Act 1988 and section 6 of the Broadcasting Act 1990, if in force immediately before the passing of this Act, continues as if entered into under this section.

(6) The Authority shall ensure that any contract entered into by it under this section and any such contract renewed by it under this Act, contains a term providing that the expression “independent television programme”, where used in the contract, has the same meaning as it has in section 116 .