Broadcasting Act 2009

162.

Designation of major events.

162.— (1) The Minister may by order—

( a) designate events as events of major importance to society for which the right of a qualifying broadcaster to provide coverage on free television services should be provided in the public interest, and

( b) determine whether coverage on free television services of an event designated under paragraph (a) should be available—

(i) on a live, deferred or both live and deferred basis, and

(ii) in whole, in part or both in whole and in part.

(2) The Minister shall have regard to all the circumstances and in particular each of the following criteria in making a designation under subsection (1) (a):

( a) the extent to which the event has a special general resonance for the people of Ireland, and

( b) the extent to which the event has a generally recognised distinct cultural importance for the people of Ireland.

(3) In order to determine the extent to which the criteria in subsection (2) have been met, the following factors may be taken into account by the Minister:

( a) whether the event involves participation by a national or non-national team or by Irish persons;

( b) past practice or experience with regard to television coverage of the event or similar events.

(4) The Minister shall consider the following in making the determination under subsection (1) (b):

( a) the nature of the event,

( b) the time within the State at which the event takes place, and

( c) practical broadcasting considerations.

(5) The Minister shall consult with the Minister for Arts, Sport and Tourism before making, revoking or amending an order under this section.

(6) Where it is proposed to make, revoke or amend an order under this section, a draft of the order shall be laid before each House of the Oireachtas and the order shall not be made until a resolution approving the draft has been passed by each House.

(7) On the passing of this Act any order made under section 2 of the Broadcasting (Major Events Television Coverage) Act 1999 which is in force on such passing continues and is deemed to have been made under this section.

Annotations

Modifications (not altering text):

C9

Name of Department and title of Minister in subs. (5) 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 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. Note name of Department and title of Minister changed to

• Arts, Heritage and the Gaeltacht (2.06.2011) by Tourism, Culture and Sport (Alteration of Name of Department and Title of Minister) Order 2011 (S.I. No. 220 of 2011)

• Arts, Heritage, Regional, Rural and Gaeltacht Affairs (7.07.2016) by Arts, Heritage and the Gaeltacht (Alteration of Name of Department and Title of Minister) Order 2016 (S.I. No. 357 of 2016)

• Culture, Heritage and the Gaeltacht (1.08.2017) by Arts, Heritage, Regional, Rural and Gaeltacht Affairs (Alteration of Name of Department and Title of Minister) Order 2017 (S.I. No. 350 of 2017)

• 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)

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 Transport, Tourism and Sport.

(2) References to the Department of Tourism, Culture and Sport contained in any Act or any instrument made under such Act and relating to any administration and business transferred by paragraph (1) shall, from the commencement of this Order, be construed as references to the Department of Transport, Tourism and Sport.

3. (1) The functions vested in the Minister for Tourism, Culture and Sport—

(a) by or under—...

(vi) the Broadcasting Act 2009 (No. 18 of 2009), and

...

(2) References to the Minister for Tourism, Culture and Sport contained in any Act or instrument made under such 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 Transport, Tourism and Sport.

Editorial Notes:

E14

Power pursuant to section exercised (25.10.2017) by Broadcasting Act 2009 (Designation of Major Events) Order 2017 (S.I. No. 465 of 2017).

E15

Previous affecting provision: Broadcasting (Major Events Television Coverage) Act 1999 (Designation of Major Events) Order 2003 (S.I. No. 99 of 2003) deemed to have been made under subs. (7); revoked (25.10.2017) by Broadcasting Act 2009 (Designation of Major Events) Order 2017 (S.I. No. 465 of 2017), art. 4.