Electoral Reform Act 2022

32

Advertisements etc. by Commission

32. (1) F3[Section 46M(2)(a)] of the Broadcasting Act 2009 shall not apply to advertisements broadcast at the request of the Commission in relation to a matter referred to in section 31 concerning a referendum.

(2) The Minister for the Environment, Climate and Communications, if so requested by the Commission following consultation by the Commission with Radio Teilifís Éireann (in this section referred to as “RTE”) and Teilifís na Gaeilge (in this section referred to as “TG4”) and consideration of any proposals of RTE and TG4 for broadcasts in connection with the referendum that RTE and TG4 communicate to the Commission, shall direct RTE and TG4, in writing, to allocate broadcasting time to facilitate the Commission in performing its functions, and RTE and TG4 shall comply with a direction under this subsection.

(3) The Minister for the Environment, Climate and Communications, if so requested by the Commission following consultation by the Commission with the Broadcasting Authority of Ireland (in this section referred to as “BAI”) and consideration of any proposals of BAI for broadcasts, including sound broadcasting services and television programme services, in connection with the referendum that it communicates to the Commission, shall direct BAI, in writing, to arrange for the provision for and on behalf of the Commission of services (with or without charge), including the allocation of broadcasting time, to facilitate the Commission in performing its functions, and BAI shall comply with a direction under this subsection.

(4) In this section, “broadcasts”, “sound broadcasting service” and “television programme services” have the same meanings as they have, respectively, in section 2 of the Broadcasting Act 2009.

Annotations

Amendments:

F3

Substituted (15.03.2024) by Online Safety and Media Regulation Act 2022  (41/2022), s. 80, S.I. No. 71 of 2023.

Modifications (not altering text):

C1

Functions transferred and references to Minister for the Environment, Climate and Communications construed (24.01.2024) by Electoral Reform (Transfer of Departmental Administration and Ministerial Functions) Order 2024 (S.I. No. 28 of 2024), arts. 2, 3, in effect as per art. 1(2), subject to transitional provisions in arts. 4-8.

2. (1) References to the Department of the Environment, Climate and Communications 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 Tourism, Culture, Arts, Gaeltacht, Sport and Media.

(2) References to the Department of the Environment, Climate and Communications 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 Tourism, Culture, Arts, Gaeltacht, Sport and Media.

3. (1) The functions vested in the Minister for the Environment, Climate and Communications by or under section 32 of the Electoral Reform Act 2022 (No. 30 of 2022) are transferred to the Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media.

(2) References to the Minister for the Environment, Climate and Communications 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 Tourism, Culture, Arts, Gaeltacht, Sport and Media.

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