Broadcasting Act 2009
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 F9[such Minister or Ministers of the Government as he or she considers appropriate] 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.
Substituted (30.05.2021) by Planning and Development, Heritage and Broadcasting (Amendment) Act 2021 (11/2021), s. 17, commenced on enactment.
Power pursuant to section exercised (25.10.2017) by Broadcasting Act 2009 (Designation of Major Events) Order 2017 (S.I. No. 465 of 2017).
Previous affecting provision: 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. Reference to Minister for Arts, Sport and Tourism deleted as per F-note above.
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.