Broadcasting Act 2009

139ZG

Interpretation.

F230[139ZG. (1) In this Part

authorised officer means a person appointed to be an authorised officer under section 139ZH(1), and "the authorised officer", in relation to an investigation, means the authorised officer carrying out the investigation;

contravention means

(a) a failure to comply with section 46J, 46K, 46L, 46M(2) or (3), a media service code, a media service rule, section 46P(1) or (2), section 106(3), section 127(6), section 128B(1) or (2), any rules made under section 128C, an online safety code, section 159B(1) (or any rules made under section 159B(6)) or section 159C(1) (or any rules made under section 159C(3) or (6)),

(b) an infringement by a relevant intermediary service provider of any of the designated provisions of the Digital Services Regulation,

F231[(ba) an infringement by a hosting service provider of Article 3(3) or (6), Article 4(2) or (7), Article 5(1), (2), (3), (5) or (6), Article 6, Article 7, Article 10, Article 11, Article 14(5), Article 15(1), or Article 17, of the Terrorist Content Online Regulation,]

(c) anything for which section 139ZK(8A) or 139ZR(9A) or paragraph 14A of Schedule 4 provides that a person may be liable to an administrative financial sanction in accordance with this Part, or

(d) anything for which section 139ZLB(10) or 139ZZGB(7) provides that a person may be liable to an administrative financial sanction in accordance with this Part;

designated provision in relation to the Digital Services Regulation means any of the provisions of the Regulation other than Article 30, 31 or 32 or Section 5 of Chapter III;

Digital Services investigation means an investigation where the suspected contravention falls within paragraph (b) of the definition of ‘contravention’;

inquiry subject in relation to an investigation or other proceedings under this Part, means the person whose contravention or suspected contravention is the subject of the investigation or other proceedings;

place includes

(a) a dwelling;

(b) a building;

(c) any other premises;

(d) a vehicle, vessel, aircraft, or other means of transport;

relevant equipment means, in relation to an investigation, any electronic, photographic, magnetic, optical or other equipment, including a computer, which may be used for processing or holding relevant material;

relevant intermediary service provider means any of the following:

(a) an intermediary service provider whose main establishment is located in the State;

(b) an intermediary service provider to which Article 13(1) applies and whose legal representative designated under that Article resides or is established in the State;

(c) an intermediary service provider to which Article 13(1) applies, but which has failed to designate a legal representative under that Article;

relevant material means, in relation to an investigation, any document, information, or content, however communicated, recorded or stored, which may be relevant to the investigation;

very large online platform means an online platform designated by a decision of the European Commission under Article 33(4);

very large online search engine means an online search engine designated by a decision of the European Commission under Article 33(4).

(2) A word or expression used in this Part that is also used in the Digital Services Regulation has, unless the context otherwise requires, the same meaning in this Part as it has in that Regulation.

(3) Unless the context otherwise requires, a reference in this Part to a numbered Article is a reference to the Article so numbered of the Digital Services Regulation.]]

Annotations

Amendments:

F229

Inserted (15.03.2023) by Online Safety and Media Regulation Act 2022 (41/2022), s. 47, S.I. No. 71 of 2023, s. 139ZG other than insofar as it relates to a failure to comply with section 128B(1) or (2) or any rules made under section 128C.

F230

Substituted (17.02.2024) by Digital Services Act 2024 (2/2024), s. 15, S.I. No. 53 of 2024.

F231

Inserted (27.09.2024) by Courts, Civil Law, Criminal Law and Superannuation (Miscellaneous Provisions) Act 2024 (30/2024), s. 18, S.I. No. 486 of 2024.