Broadcasting Act 2009

106

Advertisements.

106.— (1) A corporation may broadcast advertisements, broadcast acknowledgements of sponsorship, may fix charges and conditions for such broadcasts and, in fixing the charges, may provide for different circumstances and for additional special charges to be made in special cases.

(2) A corporation may reject any advertisement presented for broadcast in whole or in part.

(3) F143[Subject to subsections (3A) and (3B)], a corporation in providing a broadcasting service under this Part shall, subject to the approval of the Minister following consultation with the Authority, fix—

(a) the total daily time for broadcasting F143[advertisements,]

(b) the maximum period given to advertisements in any F143[hour, and]

F144[(c) for audiovisual broadcasting services, the time allowed for broadcasting advertisements in the period between 06.00 and 18.00 and in the period between 18.00 and 24.00 each day.]

F144[(3A) For sound broadcasting services

(a) the time fixed under subsection (3)(a), shall not exceed 15 per cent of the total daily broadcasting time, and

(b) the period fixed under subsection (3)(b), shall not exceed 10 minutes in any hour.

(3B) The time fixed under subsection (3)(c) shall not exceed 20 per cent of the time in each period.

(3C) A failure to comply with subsection (3) shall be a contravention for the purposes of Part 8B.]

(4) The Minister, if so requested by F145[An Coimisiún Toghcháin] following consultation by F145[An Coimisiún Toghcháin] with a corporation and consideration of any proposals of the corporation for broadcasts in connection with the referendum that it communicates to F145[An Coimisiún Toghcháin], shall direct the corporation in writing to allocate broadcasting time to facilitate F145[An Coimisiún Toghcháin] in performing its functions, and the corporation shall comply with a direction under this subsection.

(5) Charges and conditions referred to in subsection (1) may be fixed subject to variations benefiting advertisers who use the Irish language in their advertisements.

(6) A power under this section to fix charges and conditions shall be read as including a power to cancel or vary any charges or conditions fixed under such power and, where charges or conditions are cancelled, to fix other charges or conditions in lieu of those cancelled.

(7) F146[]

Annotations:

Amendments:

F143

Substituted (15.03.2023) by Online Safety and Media Regulation Act 2022 (41/2022), s. 33(a)(i), (ii), (iii), S.I. No. 71 of 2023.

F144

Inserted (15.03.2023) by Online Safety and Media Regulation Act 2022 (41/2022), s. 33(a)(iv), (b), S.I. No. 71 of 2023.

F145

Substituted (9.02.2023) by Electoral Reform Act 2022 (30/2022), s. 70(b), S.I. No. 32 of 2023.

F146

Deleted (15.03.2023) by Online Safety and Media Regulation Act 2022 (41/2022), s. 33(c), S.I. No. 71 of 2023.