Broadcasting Act 2009
Bealach Scannán na hÉireann (Irish Film Channel).
127.— (1) The Irish Film Board may establish, fund and provide a television broadcasting service to be known as, in the Irish language, Bealach Scannán na hÉireann or, in the English language, the Irish Film Channel, which shall have the character of a public service, be a free-to-air service and be made available, in so far as it is reasonably practicable, to the whole community on the island of Ireland.
(2) The Irish Film Channel shall, as its principal purpose, provide programme material consisting of Irish, European, and world films and cinema works including, as far as practicable, film and cinema works in the Irish language.
(3) The Irish Film Board may enter into such contracts as are necessary to establish and maintain the Irish Film Channel.
(4) The Irish Film Channel 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.
(5) The Irish Film Channel may reject any advertisement presented for broadcast in whole or in part.
(6) The Irish Film Channel in providing a broadcasting service under this section shall, subject to the consent of the Minister and F173[…] following consultation with the Authority, fix—
(a) the total daily time for broadcasting F174[advertisements,]
(b) the maximum period given to advertisements in any 3 hour F174[period, and]
F175[(c) subject to subsection (6A), the time allowed for broadcasting advertisements in the period between 06.00 and 18.00 hours and in the period between 18.00 and 24.00 hours each day.]
F176[(6A) The time fixed under subsection (6)(c) shall not exceed 20 per cent of the time in each period.]
F176[(6B) A failure to comply with subsection (6) shall be a contravention for the purposes of Part 8B.]
(7) Film and cinema works broadcast by the Irish Film Channel shall be broadcast uninterrupted by advertisements or acknowledgements of sponsorship.
(8) The Minister, if so requested by F177[An Coimisiún Toghcháin] following consultation by F177[An Coimisiún Toghcháin] with the Irish Film Channel and consideration of any proposals of the Irish Film Channel for broadcasts in connection with the referendum that it communicates to F177[An Coimisiún Toghcháin], shall direct the Irish Film Channel in writing to allocate broadcasting time to facilitate F177[An Coimisiún Toghcháin] in performing its functions, and the Irish Film Channel shall comply with a direction under this subsection.
(9) Charges and conditions referred to in subsection (4) may be fixed subject to variations benefiting advertisers who use the Irish language in their advertisements.
(10) 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.
(11) F178[…]
(12) Nothing in this section shall preclude the Irish Film Channel from promoting the services of the Irish Film Board or promoting its future broadcasting of featured films and works.
Annotations
Amendments:
F173
Deleted (30.05.2021) by Planning and Development, Heritage and Broadcasting (Amendment) Act 2021 (11/2021), s. 16, commenced on enactment.
F174
Substituted (15.03.2023) by Online Safety and Media Regulation Act 2022 (41/2022), s. 39(a)(i), (ii), S.I. No. 71 of 2023.
F175
Inserted (15.03.2023) by Online Safety and Media Regulation Act 2022 (41/2022), s. 39(a)(iii), S.I. No. 71 of 2023.
F176
Inserted (15.03.2023) by Online Safety and Media Regulation Act 2022 (41/2022), s. 39(b), S.I. No. 71 of 2023.
F177
Substituted (9.02.2023) by Electoral Reform Act 2022 (30/2022), s. 70(c), S.I. No. 32 of 2023.
F178
Deleted (15.03.2023) by Online Safety and Media Regulation Act 2022 (41/2022), s. 39(c), S.I. No. 71 of 2023.
Editorial Notes:
E21
Previous affecting provision: name of Department and title of Minister in subs. (6) changed from Arts, Sport and Tourism to Tourism, Culture and Sport (2.05.2010) by Arts, Sport and Tourism (Alteration of Name of Department and Title of Minister) Order 2010 (S.I. No. 178 of 2010). Functions transferred to Department of and Minister for Transport, Tourism and Sport and references to Department of and Minister for Tourism, Culture and Sport construed (1.06.2011) by Tourism and Sport (Transfer of Departmental Administration and Ministerial Functions) (No. 2) Order 2011 (S.I. No. 217 of 2011), arts. 2 and 3, in effect as per art. 1(2), subject to transitional provisions. Reference to Minister for Arts, Sports and Tourism deleted as per F-note above.