Wireless Telegraphy Act 1926

Prohibition of certain classes of messages, etc.

11

11.(1) No person shall send or attempt to send by wireless telegraphy from any place in F31[the State] or any ship or other vessel in the inland or the territorial waters of F31[the State] or any ship registered in F31[the State] wherever such ship may be or any aircraft in or over F31[the State] or the territorial waters thereof—

(a) any message or communication of an indecent, obscene, or offensive character, nor

(b) any message or communication subversive of public order, nor

(c) any false or misleading signal of distress, nor

(d) any false or misleading message, signal, or communication to a ship or other vessel or an aircraft in distress.

(2) No person shall improperly divulge the purport of any message, communication, or signal sent or proposed to be sent by wireless telegraphy.

F32[(3) Every person who sends or attempts to send, or divulges the purport of, any message, communication or signal in contravention of this section shall be guilty of an offence and shall be liable—

(a) on summary conviction, to a fine not exceeding F33[€5,000], or, at the discretion of the court, to a term of imprisonment not exceeding six months, or, at such discretion, both to such fine and such imprisonment,

(b) on conviction on indictment, to a fine not exceeding F33[€250,000], or, at the discretion of the court, to a term of imprisonment not exceeding twelve months, or, at such discretion, to both such fine and such imprisonment.]

(4) F34[]

Annotations

Amendments:

F31

Substituted (15.05.2007) by Communications Regulation (Amendment) Act 2007 (22/2007), s. 4(2) and sch. 1 part 1 item 11, S.I. No. 224 of 2007, subject to transitional provisions in s. 4(4) and sch. 3.

F32

Substituted (31.12.1988) by Broadcasting and Wireless Telegraphy Act 1988 (19/1988), s. 12(1)(f), in effect as per s. 21(2).

F33

Substituted (12.07.2009) by Broadcasting Act 2009 (18/2009), s. 181(4), commenced on enactment. A fine of €5,000 translates into a class A fine, not greater than €5,000, as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 4(3) and table ref. no. 1, S.I. No. 662 of 2010.

F34

Deleted (21.02.1951) by Criminal Justice Act 1951 (2/1951), s. 26 and sch. 2, commenced on enactment.

Editorial Notes:

E217

Previous affecting provision: application of section restricted (21.02.1951) by Criminal Justice Act 1951 (2/1951), s. 4(2), commenced on enactment; repealed (31.12.1988) by Broadcasting and Wireless Telegraphy Act 1988 (19/1988), s. 12(3), commenced as per s. 21(2).