Broadcasting Act 2009
Number 18 of 2009
BROADCASTING ACT 2009
REVISED
Updated to 27 September 2024
This revised Act is an administrative consolidation of the Broadcasting Act 2009. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.
All Acts up to and including the Courts, Civil Law, Criminal Law and Superannuation (Miscellaneous Provisions) Act 2024 (30/2024), enacted 23 July 2024, and all statutory instruments up to and including the Courts, Civil Law, Criminal Law and Superannuation (Miscellaneous Provisions) Act 2024 (Part 7) (Commencement) Order 2024 (S.I. No. 486 of 2024), made 25 September 2024, were considered in the preparation of this Revised Act.
Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to
revisedacts@lawreform.ie.
Number 18 of 2009
BROADCASTING ACT 2009
REVISED
Updated to 27 September 2024
ARRANGEMENT OF SECTIONS
Preliminary and General matters
Section
2A. Meaning of “under the jurisdiction of the State”: media service providers.
2B. Meaning of “under the jurisdiction of the State”: providers of video-sharing platform services.
2D. Procedure for giving notices.
Coimisiún na Meán
6. Establishment of Commission.
7. Powers and functions of Commission.
9. Conferral of additional functions.
10. Independence of Commission.
12. Conditions of office of Commissioner.
13. Appointment of Acting Commissioner.
14. Chairperson of Commission.
15. Eligibility for appointment as Commissioner or member of staff.
22. Levies under section 21: enforcement and procedure.
22A. Arrangement in relation to collection of levies.
25. Deposits and charges for services.
27. Accountability of chairperson to Public Accounts Committee.
28. Accountability of Commissioner to Oireachtas committees.
29. Strategy statement and work programme.
30. Observations on legislative proposals and review of enactments.
32. Co-operation with other bodies.
33. Disclosure of personal data.
34. Co-operation with self-regulatory systems.
36A. Professional secrecy under Digital Services Regulation
Broadcasters — Duties, Codes and Rules
39. Duties of broadcasters. (Repealed)
40. Recording of broadcasts. (Repealed)
42. Broadcasting codes. (Repealed)
43. Broadcasting rules. (Repealed)
44. Inspection of draft broadcasting codes and rules. (Repealed)
45. Presentation of broadcasting codes and rules to Minister. (Repealed)
46. Co-operation with other parties — standards and self-regulation. (Repealed)
register of providers of audiovisual on-demand media services
46A. Register of providers of audiovisual on-demand media services.
46B. Duty of media service providers to notify Commission.
46C. Duty of registered media service providers to notify changes.
46D. Procedure where Commission notified under section 46B or 46C.
46E. Review and correction of register.
46F. Failure to notify or to provide further information.
46G. Removal of provider or service from register.
Duties, codes, and rules applying to media service providers and sound broadcasters
Interpretation
Duties
46J. Harm, offence, incitement, and authority of State.
46L. News and current affairs.
Media service codes and media service rules
Retention of copies of programme material
46P. Retention of copies of programme material.
Procedures in relation to media service codes and media service rules
46R. Laying of codes and rules.
Redress
47. Code of practice — complaints handling.
Enforcement
Compliance with terms of contract
50. Investigation into affairs of contractor.
51. Termination or suspension of contract under Part 6 or 8.
Financial Sanctions
52. Definitions (Chapter 2). (Repealed)
53. Investigation into affairs of broadcaster. (Repealed)
55. Financial sanctions. (Repealed)
56. Matters to be considered in determining the amount of financial sanction. (Repealed)
Notifications
Broadcasting Contracts and Content Provision Contracts — Commercial and Community Broadcasters
60. Variation of broadcasting licence.
62. Restriction on award of sound broadcasting contract.
63. Sound broadcasting contracts.
64. Community sound broadcasting contracts.
65. Applications for sound broadcasting contracts.
67. Fast-track application process for award of sound broadcasting contracts.
68. Sound broadcasting contracts for temporary or institutional sound broadcasting services.
69. Terms and conditions of broadcasting contract.
70. Television programme service contract.
71. Content provision contracts.
72. Community content provision contracts.
73. Assessment of community needs in respect of broadcasting.
74. Electronic programme guides. (Repealed)
75. Rules with respect to programme guide contracts. (Repealed)
76. Transmission of broadcasting services by MMD system. (Repealed)
77. Must-carry and must-offer obligations. (Repealed in part)
Public Service Broadcasting
Public Service Broadcasting Corporations — Common Provisions
82. Criteria for board membership.
83. Appointment of staff member.
86. Exclusions from board membership.
92. Accountability of director general and chairperson to Oireachtas Committees.
93. Disclosure by members of corporation of certain interests.
94. Disclosure by staff and contractors for services of certain interests.
100. Sectoral impact assessments by Authority.
101. Public service statement.
102. Annual statement of performance commitments.
103. Ministerial consent for new services and variations in channels.
104. Establishment of subsidiaries and joint ventures.
105. Duty of corporation with respect to its revenue.
108. Transactions between public service and commercial opportunities.
112. Code of fair trading practice.
Provisions specific to RTÉ
114. Principal objects and associated powers of RTÉ.
115. Broadcasting infrastructure.
116. Independent programme account.
Provisions specific to TG4
117. Continuance of Teilifís na Gaeilge.
118. Principal objects and associated powers of TG4.
119. Accountability of director general of TG4 to Committee of Public Accounts.
Exchange of Programme Material and Spectrum Licencing
120. Duty to supply programme material.
121. Public service broadcasting licence.
Allocation of Public Funding to RTÉ and TG4
123. Allocation of public funding.
124. Recommendations as to changes to public funding.
Bealach Thithe an Oireachtais and Bealach Scannán na hÉireann
125. Bealach Thithe an Oireachtais (Houses of the Oireachtas Channel).
126. Amendment of Schedule to Houses of the Oireachtas Commission Act 2003.
127. Bealach Scannán na hÉireann (Irish Film Channel).
128. Oversight of public funding of Houses of the Oireachtas Channel and Irish Film Channel.
Availability and prominence of public service programmes and services
128B. Must-carry and must-offer obligations for platforms.
128C. Prominence on interactive guides.
128D. Designation of public service audiovisual broadcasting or on-demand media services.
128E. Consultation and laying.
Digital Broadcasting and Analogue Switch-Off
130. Additional functions of RTÉ.
131. Additional functions of Authority.
132. Duty of Communications Regulator in respect of digital terrestrial television multiplexes.
134. Amendment of sound broadcasting contracts for listed simulcast services.
135. Regulations prescribing fees.
136. Applications for multiplex contracts.
137. Determination of applications for award of multiplex contracts.
138. Terms and conditions of multiplex contracts.
Online safety
Interpretation: harmful online content and age-inappropriate online content
139B. Power to specify other harmful online content.
139C. Procedure for proposals and orders under section 139B.
139D. Age-inappropriate online content.
Designated online services
139E. Designation of online services.
139F. Power to require information relevant to designation.
139G. Requirement to designate video-sharing platform services.
139H. Procedure for designation of online services.
139I. Revocation of designation.
139J. Register of designated online services.
Online safety codes
139L. Application of online safety codes.
139M. Online safety codes: matters to be considered.
139N. Online safety codes: procedure.
139O. Compliance with online safety codes: information notices.
139P. Audit of complaints and complaint handling.
139Q. Enforcement of online safety codes.
Complaints to Commission about harmful online content
139R. Complaints to Commission about harmful online content.
139S. Complaints which may be considered by Commission.
139T. Resolution of complaints.
139U. Principles for resolution of complaints.
139V. Complaint scheme: content.
139W. Complaint scheme: procedure.
139X. Implementation of schemes.
139Y. Review of operation of scheme.
Online safety guidance materials and advisory notices
139Z. Guidance materials and advisory notices.
139ZA. Guidance materials and advisory notices: matters to be considered.
139ZB. Guidance materials and advisory notices: procedure.
Ancillary matters
139ZC. Scheme for notifications by nominated bodies.
139ZD. Duty of Commission to encourage use of mediation.
139ZE. Voluntary arrangements with providers in third countries.
139ZF. e-Commerce compliance strategy.
Investigations and sanctions
Interpretation
Provision of information for purposes of functions of Commission as competent authority under Terrorist Content Online Regulation
Authorised officers and investigations
139ZH. Appointment of authorised officers.
139ZI. Commencement and terms of investigation.
139ZJ. Notice of commencement of investigation.
139ZJA. Notice of communication under Article 58(5).
139ZK. Powers of authorised officer.
139ZKA. Use of powers for other purposes of Digital Services Regulation.
139ZLA. Enforcement of investigatory powers by daily payment penalty.
139ZLB. Power to require intermediary service provider to take interim measures.
139ZM. Report of authorised officer.
139ZP. Conduct of investigations.
Decision of Commission
139ZQ. Division of Commission.
139ZR. Action by Commission after receiving report.
139ZS. Decision by Commission.
139ZSA. Decision following joint investigation to which Article 60 applies.
139ZT. Notice and publication of decision of Commission.
Administrative financial sanctions
139ZU. Submissions and requests for information.
139ZV. Determination of amount of administrative financial sanction.
139ZW. Limitations on amount of administrative financial sanction.
139ZX. Appeal against decision.
139ZY. Circuit Court confirmation of decision.
139ZZ. Treatment of amounts paid in respect of administrative financial sanctions.
139ZZA. Reference on point of law to High Court.
Daily payment penalty under section 139ZLA: appeal and confirmation
139ZZAA. Daily payment penalty under section 139ZLA: appeal and confirmation.
Notice to end contravention
139ZZB. Notice to end contravention.
139ZZBA. Daily payment for failure to comply with notice to end contravention.
139ZZBB. Daily payment penalty under section 139ZZBA: appeal and confirmation.
Access blocking order
139ZZC. Access blocking order.
Access blocking order where Digital Services Regulation infringed
139ZZCA. Further notice to end infringement of Digital Services Regulation.
139ZZCB. Access blocking order in case of infringement of Digital Services Regulation.
Content limitation notice
139ZZD. Content limitation notice.
139ZZE. Procedure in relation to content limitation notice.
139ZZG. Publication of content limitation notice.
Other enforcement measures
139ZZGB. Power to enter into commitment agreement with intermediary service provider.
Offences
139ZZH. Categories of offences.
139ZZI. Summary prosecution and costs.
Television Licence
140. Definitions (Part 9) — order —“specified place”.
141. Laying regulations and orders —Part 9.
142. Restrictions on possession of television set.
143. Grant of television licences.
144. Regulations in regard to television licences.
145. Issue of television licences by agent.
146. Request to show television licence.
148. Offences for not having television licence.
149. Reminder notification and fixed payment notice.
150. Reminder notification — effective date of television licence and recovery of licence fees.
152. Miscellaneous amendments.
Broadcasting Fund
154. Broadcasting funding scheme.
156. Amounts to be paid by Minister to scheme.
159. Winding-up and dissolution of scheme.
European Works
159A. Interpretation of European works.
159B. Share of European works.
159C. Prominence of European works.
159G. Procedure for making schemes under section 159F.
159H. Designation of Fís Éireann for the purpose of making a European works scheme.
159I. Exemptions for particular services.
159J. Laying of rules, orders and schemes.
Major Events Television Coverage
162. Designation of major events.
164. Broadcasters’ duties with respect to designated events.
165. Broadcasters’ duties with respect to Member State events.
170. Criteria for determining reasonable market rates.
171. Obligation to give copy of agreement or arrangement to broadcasting rights to Minister.
172. Service of directions and notification.
173. Review of designated events.
Transitional Provisions
174. Dissolution of BCI and saver. (Repealed)
175. Dissolution of BCC and saver. (Repealed)
176. Transitional provisions — BCI. (Repealed)
177. Transitional provisions — BCC. (Repealed)
178. Final accounts of BCI. (Repealed)
179. Continuance of Ministerial consents given in respect of public service broadcasters. (Repealed)
Wireless Telegraphy
180. Collective citations — Wireless Telegraphy Acts.
181. Amendment of Broadcasting and Wireless Telegraphy Acts (increase of fines, etc.).
182. Matters relating to wireless telegraphy.
Miscellaneous
183. Amendment to definitions in Copyright and Related Rights Act 2000.
185. Amendment of section 5 of Act of 1998 (advertisement, etc., by Referendum Commission).
Digital Services
Interpretation
186. Interpretation (Part 15).
Vetted researchers, trusted flaggers and out-of-court settlement bodies
187. Designation of vetted researchers.
188. Termination of data access.
189. Review of refusal of designation or revocation of designation.
190. Award of trusted flagger status.
191. Revocation of status as trusted flagger.
192. Review of refusal of designation or revocation of designation.
193. Certification of out-of-court dispute settlement bodies.
194. Revocation of certification as out-of-court dispute settlement body.
195. Review of refusal of certification or revocation of certification.
197. Investigation of trusted flagger, vetted researcher or out-of-court dispute settlement body.
Miscellaneous
198. Orders to act against illegal content.
199. Orders to provide information.
201. Complaints to Commission concerning Digital Services Regulation.
Enactments Repealed
Sections 5 to 9 of the Wireless Telegraphy Act 1926
Harmful Online Content: Offence-Specific Categories
Oral hearings
Acts Referred to
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1999, No. 1 |
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2007,No. 15 |
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2003,No. 43 |
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Broadcasting (Major Events Television Coverage) (Amendment) Act 2003 |
2003,No. 13 |
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1999,No. 28 |
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1968,No. 35 |
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Broadcasting (Offences) Acts 1968 and 1988 |
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1990,No. 24 |
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2001,No. 4 |
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1988,No. 19 |
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1964,No. 4 |
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1966,No. 7 |
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1971,No. 2 |
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1973,No. 1 |
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1974,No. 33 |
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1976,No. 37 |
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1979,No. 36 |
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1993,No. 15 |
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1960,No. 10 |
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2002,No. 20 |
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2007,No. 22 |
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1963,No. 33 |
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1990,No. 33 |
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1993,No. 8 |
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2000,No. 28 |
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2005,No. 14 |
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1995,No. 22 |
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1993,No. 25 |
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1997,No. 2 |
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2003,No. 28 |
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2003,No. 31 |
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2001,No. 37 |
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2005,No. 11 |
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1955,No. 29 |
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Police (Property) Act 1897 |
60 & 61 Vic. c. 30. |
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1983,No. 24 |
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1989,No. 19 |
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1988,No. 20 |
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1998,No. 1 |
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Registration of Clubs (Ireland) Act 1904 |
4 Edw. 7, c. 9 |
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1961,No. 24 |
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1926,No. 45 |
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1972,No. 5 |
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Wireless Telegraphy Acts 1926 to 1988 |
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1956,No. 4 |
Number 18 of 2009
BROADCASTING ACT 2009
REVISED
Updated to 27 September 2024
AN ACT TO REVISE THE LAW RELATING TO BROADCASTING SERVICES AND CONTENT AND FOR THAT PURPOSE TO ESTABLISH AN AUTHORITY TO BE KNOWN AS, IN THE ENGLISH LANGUAGE, THE BROADCASTING AUTHORITY OF IRELAND OR, IN THE IRISH LANGUAGE, ÚDARÁS CRAOLACHÁIN NA hÉIREANN, TO DISSOLVE THE BROADCASTING COMMISSION OF IRELAND AND THE BROADCASTING COMPLAINTS COMMISSION, TO AMEND AND REPEAL CERTAIN ENACTMENTS RELATING TO BROADCASTING, TO PROVIDE FOR MATTERS RELATING TO TELEVISION LICENCES, TO PROVIDE FOR THE REGULATION AND PROVISION OF TELECOMMUNICATIONS SERVICES AND TO PROVIDE FOR CONNECTED MATTERS.
[12th July, 2009]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:
Annotations
Modifications (not altering text):
C1
Functions transferred and references to Broadcasting Authority of Ireland ("Authority") construed as Coimisiún na Meán ("Commission") (15.03.2023, establishment day) by Online Safety and Media Regulation Act 2022 (41/2022), s. 60, S.I. Nos. 71, 72 of 2023.
Transfer of functions
60. (1) On the establishment day all functions that immediately before the establishment day were vested in the Authority or the statutory committees are transferred to the Commission.
(2) Unless otherwise provided, references to the Authority, or to the Broadcasting Commission of Ireland, in any Act of the Oireachtas passed before the establishment day, other than this Act, or in any instrument made before that day under an Act of the Oireachtas shall, on and after that day, be construed as references to the Commission.
(3) Unless otherwise provided, references to the Contract Awards Committee or the Compliance Committee in any Act of the Oireachtas passed before the establishment day, other than this Act, or in an instrument made before that day under an Act of the Oireachtas shall, on and after that day, be construed as references to the Commission.
C2
Name of Department and title of Minister changed from Communications, Energy and Natural Resources to Communications, Climate Action and Environment (23.07.2016) by Communications, Energy and Natural Resources (Alteration of Name of Department and Title of Minister) Order 2016 (S.I. No. 421 of 2016). Functions transferred and references to Department of and Minister for Communications, Climate Action and Environment construed (23.09.2020) by Broadcasting (Transfer of Departmental Administration and Ministerial Functions) Order 2020 (S.I. No. 372 of 2020), arts. 2 and 3 and sch. part 1, in effect as per art. 1(2), subject to transitional provisions in arts. 4-8. Note change of Department's name and Minister's title from Culture, Heritage and the Gaeltacht to Tourism, Culture, Arts, Gaeltacht, Sport and Media (30.09.2020) by Culture, Heritage and the Gaeltacht (Alteration of Name of Department and Title of Minister) Order 2020 (S.I. No. 403 of 2020), in effect as per art. 1(2)..
2. (1) The administration and business in connection with the exercise, performance or execution of any functions transferred by Article 3 are transferred to the Department of Culture, Heritage and the Gaeltacht.
(2) References to the Department of Communications, Climate Action and Environment contained in any Act or any instrument made under an Act and relating to the administration and business transferred by paragraph (1) shall, from the commencement of this Order, be construed as references to the Department of Culture, Heritage and the Gaeltacht.
3. (1) The functions vested in the Minister for Communications, Climate Action and Environment -
(a) by or under any of the Acts specified in Part 1 of the Schedule, and
(b) under the instruments specified in Part 2 of the Schedule,
are transferred to the Minister for Culture, Heritage and the Gaeltacht.
(2) References to the Minister for Communications, Climate Action and Environment contained in any Act or instrument made under an Act and relating to any functions transferred by this Article shall, from the commencement of this Order, be construed as references to the Minister for Culture, Heritage and the Gaeltacht.
SCHEDULE
Part 1
Article 3(1)(a)
...
Broadcasting Act 2009 (No. 18 of 2009), other than section 184
...
C3
Application of collectively cited Wireless Telegraphy Acts restricted (6.06.2016) by European Union (Radio Equipment) Regulations 2017 (S.I. No. 248 of 2017), reg. 46(2).
Application of the Wireless Telegraphy Act, 1926
46. (1) Notwithstanding section 3 (1) of the Wireless Telegraphy Act, 1926, a person shall not be required to hold a licence under that Act to keep or have in his or her possession any apparatus for wireless telegraphy solely for the purpose of placing that apparatus on the market, within the meaning of the Directive.
(2) Nothing in the Wireless Telegraphy Acts, 1926 to 1988, shall operate to restrict or prevent any person from working or using an apparatus for wireless telegraphy, which is lawfully in their possession, or which is otherwise in compliance with the licensing requirements of those Acts for its intended purpose where it complies with the provisions of the Directive, save where such restriction or prevention is related to the effective and appropriate use of the radio frequency spectrum, avoidance of harmful interference or matters relating to public health.
C4
Functions transferred and references to “Department of Finance” and “Minister for Finance” construed (29.07.2011) by Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011), arts. 2, 3, 5 and sch. 1 part 2, in effect as per art. 1(2), subject to transitional provisions.
2. (1) The administration and business in connection with the performance of any functions transferred by this Order are transferred to the Department of Public Expenditure and Reform.
(2) References to the Department of Finance contained in any Act or instrument made thereunder and relating to the administration and business transferred by paragraph (1) shall, on and after the commencement of this Order, be construed as references to the Department of Public Expenditure and Reform.
3. The functions conferred on the Minister for Finance by or under the provisions of —
(a) the enactments specified in Schedule 1, and
(b) the statutory instruments specified in Schedule 2,
are transferred to the Minister for Public Expenditure and Reform.
...
5. References to the Minister for Finance contained in any Act or instrument under an Act and relating to any functions transferred by this Order shall, from the commencement of this Order, be construed as references to the Minister for Public Expenditure and Reform.
...
Schedule 1
Enactments
...
Part 2
1922 to 2011 Enactments
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Number and Year |
Short Title |
Provision |
|
... No. 18 of 2009 ... |
... Broadcasting Act 2009 ... |
... Sections 10, 17(2), 34, 36(3), 37, 55(7), 61(4), 67(10), 69(13), 97, 104, 122(3), 123, 144(3), 149(5), 156 and 159 ... |
C5
Functions transferred and references to “Minister” and “Department of Finance” construed (6.07.2011) by Ministers and Secretaries (Amendment) Act 2011 (10/2011), ss. 7, 9, 11, 15, 20 and sch. 2 part 1, commenced as per s. 1(2).
Department of Public Expenditure and Reform.
7.— (1) There shall stand established on the appointed day a Department of State to be known, in the Irish language, as an Roinn Caiteachais Phoiblí agus Athchóirithe or, in the English language, as the Department of Public Expenditure and Reform.
(2) The member of the Government who is in charge of the Department of Public Expenditure and Reform—
(a) shall be known, in the Irish language, as an tAire Caiteachais Phoiblí agus Athchóirithe or, in the English language, as the Minister for Public Expenditure and Reform, and
(b) is, in this Act, referred to as the “Minister”.
...
Transfer of certain other functions to Minister.
9.— ...
(2) The functions conferred on the Minister for Finance by or under any of the provisions specified in Part 1 of Schedule 2 are transferred to the Minister.
...
Transfer of administration and business of Department of Finance.
11.— (1) The administration and business in connection with the performance of the functions transferred by sections 8 and 9 are hereby transferred to the Department of Public Expenditure and Reform.
(2) References to the Department of Finance contained in any statute or instrument under a statute in so far as they relate to the administration and business transferred by subsection (1) shall, from the appointed day, be construed as references to the Department of Public Expenditure and Reform.
...
Construction of references
15.— (1) References to the Minister for Finance contained in any statute or instrument under a statute in so far as they relate to any function transferred by this Act shall, from the appointed day, be construed as references to the Minister.
...
Performance of certain functions transferred to Minister by section 9.
20.— (1) The Minister shall not perform a function transferred by subsection (2) of section 9 without the consent of the Minister for Finance.
...
SCHEDULE 2
Functions Transferred To Minister
...
PART 1
Functions performable with consent of Minister for Finance
STATUTES
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Number and Year |
Short Title |
Provision |
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(1) |
(2) |
(3) |
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... |
... |
... |
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No. 18 of 2009 |
Broadcasting Act 2009 |
Sections 35 and 107 |
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... |
... |
... |