Broadcasting Act 2009

74.

Electronic programme guides.

74.— (1) In this section “electronic programme guide” means any electronic means of providing information to members of the public in relation to the schedule of programme material the subject of any broadcasting service and which electronic means is an integral part of the distribution and reception system by which the broadcasting service is provided.

(2) A person shall not prepare or make available for use an electronic programme guide otherwise than under and in accordance with an electronic programme guide contract.

(3) The Authority may enter into a contract (“electronic prog ramme guide contract”) with a person whereby that person may prepare and make available for use one or more electronic programme guides.

(4) An electronic programme guide contract shall include a condition requiring the holder of the contract to comply with rules under section 75 in respect of the electronic programme guide or guides prepared by him or her under that contract.

(5) An electronic programme guide contract shall include a condition requiring the holder of the contract to ensure that the electronic programme guide or guides prepared under the contract prioritise within the guide or guides the positioning of each broadcasting service provided in the State by RTÉ, TG4 and the service provided under a television programme service contract by the television service programme contractor, where such broadcasting services are made available on the distribution and reception system, and a further condition that the electronic programme guide or guides may easily be used by a member of the public to access information in relation to the schedules of programme material the subject of each of the aforementioned broadcasting services.

(6) A holder of an electronic programme guide contract shall not design an electronic programme guide in such a way as to result in a user of the guide experiencing difficulty in accessing the programme material supplied by a broadcasting contractor, a content provision contractor or a broadcaster under Part 7 .

(7) If the Authority considers it appropriate to do so in order that members of the public may keep themselves informed of the choice of programme material available for viewing on broadcasting services included as part of a multiplex (within the meaning of section 129 ) it may invite expressions of interest in the securing of an electronic programme guide contract.

(8) The Authority may, having examined each of the expressions of interest received on foot of such an invitation, enter into a programme guide contract with the person whose proposals for such electronic programme guide or guides would, in its opinion, best serve the needs of the public.

(9) The Authority may give a direction to RTÉ or a multiplex contractor requiring that RTÉ or the contractor include as part of a television multiplex an electronic programme guide prepared under an electronic programme guide contract referred to in subsection (8) , and RTÉ or the contractor shall comply with the direction.

(10) For the purposes of this section a teletext service shall not be regarded as an electronic programme guide.