Broadcasting Act 2009

55.

Financial sanctions.

55.— (1) The Court, in any application made to it under section 54 (5)

( a) may—

(i) make a determination that there has been a breach or a failure to co-operate with an investigation by the broadcaster concerned,

(ii) if it thinks fit direct, having regard to any amount the Authority recommends and taking into consideration the matters referred to in section 56 , that the broadcaster concerned shall pay to the Authority a financial sanction not exceeding €250,000, in respect of the breach or failure to co-operate with the investigation in question, and

(iii) make such order it considers appropriate,

or

( b) may dismiss the application,

and the Court may make such order as to costs as it thinks fit in respect of the application.

(2) Where a request in writing has been made to it by a broadcaster under section 54 (4) , the Authority may make a determination that there has or has not been a breach or a failure to co-operate with an investigation by the broadcaster concerned and issue a statement of findings to the broadcaster.

(3) Where the Authority determines under subsection (2) that there has been a breach or a failure to co-operate with an investigation by the broadcaster concerned, the Authority may direct, taking into consideration and having regard to the matters referred to in section 56 , that the broadcaster shall pay the Authority a financial sanction not exceeding the amount as proposed in a notification given to the broadcaster in accordance with section 54 (4) (c) , in respect of the breach or the failure to co-operate with an investigation.

(4) The Authority may publish on a website maintained by the Authority such details as it considers proper concerning a decision of the Court under subsection (1) or such a statement of findings made by it under subsection (2).

(5) A broadcaster may appeal to the Court against either or both a statement of findings issued in respect of the broadcaster under subsection (2) and a financial sanction imposed against the broadcaster under subsection (3).

(6) A sum due under this section may be recovered in any court of competent jurisdiction as a simple contract debt.

(7) All payments made to the Authority under this section shall be paid into or disposed of for the benefit of the Exchequer in such manner as the Minister for Finance may direct.