28N.—(1) A person shall not disclose confidential information obtained by him or her while performing functions as—

(a) a member, an officer, or a member of the staff of, or an adviser or consultant to, the Broadcasting Authority of Ireland, or a member of the staff of such adviser or consultant, or

(b) a member of an advisory panel established under section 28F,

unless he or she is duly authorised by the Broadcasting Authority of Ireland to so do.

(2) Subsection (1) shall not operate to prohibit the disclosure of confidential information by a person referred to in that subsection to the Broadcasting Authority of Ireland, the advisory panel or to the Minister for Communications, Energy and Natural Resources in the circumstances referred to in subsection (3).

(3) The Minister for Communications, Energy and Natural Resources, the Broadcasting Authority of Ireland or an advisory panel established under section 28F may share information or documents with each other if satisfied that the information or documents are required by each other for the performance of functions under this Part.

(4) A person who contravenes subsection (1) shall be guilty of an offence and shall be liable, on summary conviction, to a class A fine or imprisonment for a term not exceeding 6 months or both.

(5) In this section—

"confidential information" includes—

(a) information that is expressed by the undertakings involved in the merger or acquisition to be confidential either as regards particular information or as regards information of a particular class or description, and

(b) submissions of a commercially sensitive nature made by any other person;

"public body" means—

(a) a Department of State,

(b) the Garda Síochána,

(c) the Permanent Defence Force within the meaning of the Defence Act 1954,

(d) a local authority within the meaning of the Local Government Act 2001, or

(e) a body established by or under any enactment or charter other than the Companies Acts ;

"submissions of a commercially sensitive nature" means submissions the disclosure of which could reasonably be expected to—

(a) substantially and materially prejudice the commercial or industrial interests of—

(i) the person who made the submission,

(ii) the person to whom the submission relates, or

(iii) a class of persons in which a person referred to in subparagraph (i) or (ii) falls,

(b) substantially prejudice the competitive position of a person in the conduct of the person’s business, profession or occupation, or

(c) substantially prejudice the financial position of the State or a public body.]