71.— (1) Subject to subsection (3), a person shall not supply a compilation of programme material for either of the purposes set out in subsection (2) otherwise than under and in accordance with a content provision contract.

(2) The purposes for which subsection (1) applies are—

(a) inclusion as part of a multiplex,

(b) the purpose of its being transmitted as a broadcasting service in the State, part of the State or elsewhere by means of an electronic communications network including a satellite network, F144[…] a fixed or mobile terrestrial network, a cable television network, an internet protocol television network or any other form of electronic communications network.

(3) Subsection (1) does not apply to such a supply made by—

(a) an excepted person for the purpose of any such arrangements, or

(b) RTÉ, TG4, Houses of the Oireachtas Channel, Irish Film Channel or the holder of a broadcasting contract for the purposes of a free-to-air service.

(4) F145[The Commission] may enter into a contract (“content provision contract”) with a person whereby that person may supply a compilation of programme material for the purposes referred to in subsection (2).

(5) A content provision contract shall include—

(a) a condition requiring the holder of the contract to comply with any F145[media service codes or media service rules] with respect to the programme material supplied in pursuance of the contract, and

(b) a condition authorising the Compliance Committee to request the holder of the contract to pay to the Authority, in respect of a failure by the holder to comply with a particular term or condition of the contract, a sum of money (not exceeding an amount that shall be specified in the condition as being the maximum amount that may be so requested to be so paid) and requiring the holder to comply with such a request.

(6) A content provision contract shall include a condition providing that, where any of the programme material supplied in pursuance of the contract—

F145[(a) contains anything referred to in section 46J(1)(c) or (d),]

F146[(aa) contains anything which may impair the physical, mental or moral development of children which is not presented in such a way that children will not normally hear or see it, or]

(b) constitutes an incitement to commit an offence,

the Authority may, or, if such a supply of programme material has occurred within 6 months of a previous such supply by the same person having occurred, shall, terminate the contract.

(7) The Authority may divide the contracts it may enter into under this section into different classes by reference to the different conditions which, in pursuance of its powers under this Act, it may attach to the contracts and may style each such class of contract by the addition of such distinguishing words as it considers appropriate.

(8) The Authority may, before it enters into a content provision contract with a person, require that person to pay a fee to the Authority of such amount as it considers appropriate. If that person fails to pay that fee to the Authority, the Authority shall not enter into the contract with him or her.

F146[(8A) Where under a levy order under section 21 a levy becomes payable in respect of a levy period by a person who, in that period, paid a fee to the Commission under subsection (8), the Commission shall—

(a) deduct the amount of the fee from the amount payable by that person under the levy order, and

(b) if the fee paid is more than the amount payable under the levy order, refund to that person so much of the fee as exceeds that amount.]

F146[(8B) Payment of a refund under subsection (8A)(b) shall be deferred for any period for which payment of the amount under the levy order referred to in that paragraph is deferred.]

(9) The Authority may specify different fees for particular classes of content provision contractors.

(10) The amount of any fee paid to the Authority under subsection (8) may be used by it for the purpose of defraying the expenses incurred by it in performing its functions generally.

F146[(11) In this section, “excepted person” means a person who is under the jurisdiction of another Member State, and for the purposes of this subsection section 2A applies to a person providing a sound broadcasting service—

(a) as if references to a media service provider were references to a provider of a sound broadcasting service,

(b) as if references to audiovisual media service activity were references to activity relating to the sound broadcasting service concerned, and

(c) as if references to relevant editorial decisions were references to editorial decisions about the sound broadcasting service concerned.]