Broadcasting Act 2009

Inhalt

1. Art. 1 Short title.
2. Art. 2 Definitions.
3. Art. 2A Meaning of “under the jurisdiction of the State”: media service providers.
4. Art. 2B Meaning of “under the jurisdiction of the State”: providers of video-sharing platform services.
5. Art. 2C Meaning of “under the jurisdiction of the State”: providers of other services that may be relevant online services.
6. Art. 2D Procedure for giving notices.
7. Art. 3 Repeals.
8. Art. 4 Expenses.
9. Art. 5 Establishment day.
10. Art. 6 Establishment of Commission.
11. Art. 7 Powers and functions of Commission.
12. Art. 8 Delegation of functions.
13. Art. 9 Conferral of additional functions.
14. Art. 10 Independence of Commission.
15. Art. 11 Membership of Commission.
16. Art. 12 Conditions of office of Commissioner.
17. Art. 13 Appointment of Acting Commissioner.
18. Art. 14 Chairperson of Commission
19. Art. 15 Eligibility for appointment as Commissioner or member of staff.
20. Art. 16 Meetings of Commission.
21. Art. 17 Staff of Commission.
22. Art. 18 Superannuation.
23. Art. 19 Committees.
24. Art. 20 Consultants and advisers.
25. Art. 21 Power to impose levies.
26. Art. 22 Levies under section 21: enforcement and procedure.
27. Art. 22A Arrangement in relation to collection of levies
28. Art. 23 Grant to Commission.
29. Art. 24 Power to borrow.
30. Art. 25 Deposits and charges for services.
31. Art. 26 Estimates and accounts.
32. Art. 27 Accountability of chairperson to Public Accounts Committee.
33. Art. 28 Accountability of Commissioner to Oireachtas committees.
34. Art. 29 Strategy statement and work programme.
35. Art. 30 Observations on legislative proposals and review of enactments.
36. Art. 31 Reporting by Commission.
37. Art. 32 Co-operation with other bodies.
38. Art. 33 Disclosure of personal data.
39. Art. 34 Co-operation with self-regulatory systems.
40. Art. 35 Policy communications.
41. Art. 36 Confidential information.
42. Art. 36A Professional secrecy under Digital Services Regulation
43. Art. 37 Disclosure of interests.
44. Art. 38 Judicial review.
45. Art. 58 Duties of broadcasters.
46. Art. 58 Recording of broadcasts.
47. Art. 58 Advertising.
48. Art. 58 Broadcasting codes.
49. Art. 58 Broadcasting rules.
50. Art. 58 Inspection of draft broadcasting codes and rules.
51. Art. 58 Presentation of broadcasting codes and rules to Minister.
52. Art. 58 Co-operation with other parties — standards and self-regulation.
53. Art. 46A Register of providers of audiovisual on-demand media services.
54. Art. 46B Duty of media service providers to notify Commission.
55. Art. 46C Duty of registered media service providers to notify changes.
56. Art. 46D Procedure where Commission notified under section 46B or 46C.
57. Art. 46E Review and correction of register.
58. Art. 46F Failure to notify or to provide further information.
59. Art. 46G Removal of provider or service from register.
60. Art. 46H Rules and guidelines.
61. Art. 46I Interpretation.
62. Art. 46J Harm, offence, incitement, and authority of State.
63. Art. 46K Privacy.
64. Art. 46L News and current affairs.
65. Art. 46M Advertising.
66. Art. 46N Media service codes.
67. Art. 46O Media service rules.
68. Art. 46P Retention of copies of programme material.
69. Art. 46Q Consultation.
70. Art. 46R Laying of codes and rules.
71. Art. 47 Code of practice — complaints handling.
72. Art. 48 Complaints process.
73. Art. 49 Right of reply.
74. Art. 50 Investigation into affairs of contractor.
75. Art. 51 Termination or suspension of contract under Part 6 or 8.
76. Art. 58 Definitions (Chapter 2).
77. Art. 58 Investigation into affairs of broadcaster.
78. Art. 58 Reports, findings, recommendations and procedures relating to outcome of investigation.
79. Art. 58 Financial sanctions.
80. Art. 58 Matters to be considered in determining the amount of financial sanction.
81. Art. 57 Notifications.
82. Art. 58 Interpretation (Part 6).
83. Art. 59 Broadcasting licence.
84. Art. 60 (I) (II) Variation of broadcasting licence.
85. Art. 61 Emergencies.
86. Art. 62 Restriction on award of sound broadcasting contract.
87. Art. 63 Sound broadcasting contracts.
88. Art. 64 Community sound broadcasting contracts.
89. Art. 65 Applications for sound broadcasting contracts.
90. Art. 66 Determination of applications for award of sound broadcasting contracts and television programme service contract.
91. Art. 67 Fast-track application process for award of sound broadcasting contracts.
92. Art. 68 Sound broadcasting contracts for temporary or institutional sound broadcasting services.
93. Art. 69 Terms and conditions of broadcasting contract.
94. Art. 70 Television programme service contract.
95. Art. 71 Content provision contracts.
96. Art. 72 Community content provision contracts.
97. Art. 73 Assessment of community needs in respect of broadcasting.
98. Art. 74 Electronic programme guides.
99. Art. 75 Rules with respect to programme guide contracts.
100. Art. 76 Transmission of broadcasting services by MMD system.
101. Art. 77 Must-carry and must-offer obligations.
102. Art. 78 Offences (Part 6).
103. Art. 79 Bodies corporate.
104. Art. 80 Seals of corporations.
105. Art. 81 Appointment of board.
106. Art. 82 Criteria for board membership.
107. Art. 83 Appointment of staff member.
108. Art. 84 Terms and removal.
109. Art. 85 Chairperson.
110. Art. 86 Exclusions from board membership.
111. Art. 87 Duties of board members.
112. Art. 88 Meetings.
113. Art. 89 Director general.
114. Art. 90 Staff.
115. Art. 91 Superannuation.
116. Art. 92 Accountability of director general and chairperson to Oireachtas Committees.
117. Art. 93 Disclosure by members of corporation of certain interests.
118. Art. 94 Disclosure by staff and contractors for services of certain interests.
119. Art. 95 Code of conduct.
120. Art. 96 Audience council.
121. Art. 97 Advisory committees.
122. Art. 98 Independence.
123. Art. 99 Statement of strategy.
124. Art. 100 Sectoral impact assessments by Authority.
125. Art. 101 Public service statement.
126. Art. 102 Annual statement of performance commitments.
127. Art. 103 Ministerial consent for new services and variations in channels.
128. Art. 104 Establishment of subsidiaries and joint ventures.
129. Art. 105 Duty of corporation with respect to its revenue.
130. Art. 106 Advertisements.
131. Art. 107 Borrowings.
132. Art. 108 Transactions between public service and commercial opportunities.
133. Art. 109 Accounts and audit.
134. Art. 110 Reports and information.
135. Art. 111 Access to archives.
136. Art. 112 Code of fair trading practice.
137. Art. 113 Raidió Teilifís Éireann.
138. Art. 114 Principal objects and associated powers of RTÉ.
139. Art. 115 Broadcasting infrastructure.
140. Art. 116 Independent programme account.
141. Art. 117 Continuance of Teilifís na Gaeilge.
142. Art. 118 Principal objects and associated powers of TG4.
143. Art. 119 Accountability of director general of TG4 to Committee of Public Accounts.
144. Art. 120 Duty to supply programme material.
145. Art. 121 Public service broadcasting licence.
146. Art. 122 Emergencies.
147. Art. 123 Allocation of public funding.
148. Art. 124 Recommendations as to changes to public funding.
149. Art. 125 Bealach Thithe an Oireachtais (Houses of the Oireachtas Channel).
150. Art. 126 Amendment of Schedule to Houses of the Oireachtas Commission Act 2003.
151. Art. 127 Bealach Scannán na hÉireann (Irish Film Channel).
152. Art. 128 Oversight of public funding of Houses of the Oireachtas Channel and Irish Film Channel.
153. Art. 128A Interpretation.
154. Art. 128B Must-carry and must-offer obligations for platforms.
155. Art. 128C Prominence on interactive guides.
156. Art. 128D Designation of public service audiovisual broadcasting or on-demand media services.
157. Art. 128E Consultation and laying.
158. Art. 129 Definitions (Part 8).
159. Art. 130 Additional functions of RTÉ.
160. Art. 131 Additional functions of Authority.
161. Art. 132 Duty of Communications Regulator in respect of digital terrestrial television multiplexes.
162. Art. 133 Duty of Communications Regulator in respect of digital terrestrial sound broadcasting multiplexes.
163. Art. 134 Amendment of sound broadcasting contracts for listed simulcast services.
164. Art. 135 Regulations prescribing fees.
165. Art. 136 Applications for multiplex contracts.
166. Art. 137 Determination of applications for award of multiplex contracts.
167. Art. 138 Terms and conditions of multiplex contracts.
168. Art. 139 Analogue switch-off.
169. Art. 139A Harmful online content.
170. Art. 139B Power to specify other harmful online content.
171. Art. 139C Procedure for proposals and orders under section 139B.
172. Art. 139D Age- inappropriate online content.
173. Art. 139E Designation of online services.
174. Art. 139F Power to require information relevant to designation.
175. Art. 139G Requirement to designate video-sharing platform services.
176. Art. 139H Procedure for designation of online services.
177. Art. 139I Revocation of designation.
178. Art. 139J Register of designated online services.
179. Art. 139K Online safety codes.
180. Art. 139L Application of online safety codes.
181. Art. 139M Online safety codes: matters to be considered.
182. Art. 139N Online safety codes: procedure.
183. Art. 139O Compliance with online safety codes: information notices.
184. Art. 139P Audit of complaints and complaint handling.
185. Art. 139Q Enforcement of online safety codes.
186. Art. 139R Complaints to Commission about harmful online content.
187. Art. 139S Complaints which may be considered by Commission.
188. Art. 139T Resolution of complaints.
189. Art. 139U Principles for resolution of complaints.
190. Art. 139V Complaint scheme: content.
191. Art. 139W Complaint scheme: procedure.
192. Art. 139X 139X Implementation of schemes.
193. Art. 139Y Review of operation of scheme.
194. Art. 139Z Guidance materials and advisory notices.
195. Art. 139ZA Guidance materials and advisory notices: matters to be considered.
196. Art. 139ZB Guidance materials and advisory notices: procedure.
197. Art. 139ZC Scheme for notifications by nominated bodies.
198. Art. 139ZD Duty of Commission to encourage use of mediation.
199. Art. 139ZE Voluntary arrangements with providers in third countries.
200. Art. 139ZF e-Commerce compliance strategy.
201. Art. 139ZG Interpretation.
202. Art. 139ZGA Provision of information for purposes of functions of Commission as competent authority under Terrorist Content Online Regulation
203. Art. 139ZH Appointment of authorised officers.
204. Art. 139ZI Commencement and terms of investigation.
205. Art. 139ZJ Notice of commencement of investigation.
206. Art. 139ZJA Notice of communication under Article 58(5).
207. Art. 139ZK 139ZK Powers of authorised officer.
208. Art. 139ZKA Use of powers for other purposes of Digital Services Regulation.
209. Art. 139ZL Search warrant.
210. Art. 139ZLA Enforcement of investigatory powers by daily payment penalty.
211. Art. 139ZLB Power to require intermediary service provider to take interim measures.
212. Art. 139ZM Report of authorised officer.
213. Art. 139ZMA Information about decision process following joint investigation to which Article 60 applies.
214. Art. 139ZN Rules.
215. Art. 139ZO Guidelines.
216. Art. 139ZP Conduct of investigations.
217. Art. 139ZR Action by Commission after receiving report.
218. Art. 139ZS Decision by Commission.
219. Art. 139ZSA Decision following joint investigation to which Article 60 applies.
220. Art. 139ZT Notice and publication of decision of Commission.
221. Art. 139ZU Submissions and requests for information.
222. Art. 139ZV Determination of amount of administrative financial sanction.
223. Art. 139ZW Limitations on amount of administrative financial sanction.
224. Art. 139ZX Appeal against decision.
225. Art. 139ZY Circuit Court confirmation of decision.
226. Art. 139ZZ Treatment of amounts paid in respect of administrative financial sanctions.
227. Art. 139ZZA Reference on point of law to High Court.
228. Art. 139ZZAA Daily payment penalty under section 139ZLA: appeal and confirmation.
229. Art. 139ZZB Notice to end contravention.
230. Art. 139ZZBA Daily payment for failure to comply with notice to end contravention.
231. Art. 139ZZBB Daily payment penalty under section 139ZZBA: appeal and confirmation.
232. Art. 139ZZC Access blocking order.
233. Art. 139ZZCA Further notice to end infringement of Digital Services Regulation.
234. Art. 139ZZCB Access blocking order in case of infringement of Digital Services Regulation.
235. Art. 139ZZD Content limitation notice.
236. Art. 139ZZE Procedure in relation to content limitation notice.
237. Art. 139ZZF Appeal.
238. Art. 139ZZG Publication of content limitation notice.
239. Art. 139ZZGA Compliance notice.
240. Art. 139ZZGB Power to enter into commitment agreement with intermediary service provider.
241. Art. 139ZZH Categories of offences.
242. Art. 139ZZI Summary prosecution and costs.
243. Art. 140 Definitions (Part 9) — order — “specified place”.
244. Art. 141 Laying regulations and orders — Part 9.
245. Art. 142 Restrictions on possession of television set.
246. Art. 143 Grant of television licences.
247. Art. 144 Regulations in regard to television licences.
248. Art. 145 Issue of television licences by agent.
249. Art. 146 Request to show television licence.
250. Art. 147 Statutory declaration.
251. Art. 148 Offences for not having television licence.
252. Art. 149 Reminder notification and fixed payment notice.
253. Art. 150 Reminder notification — effective date of television licence and recovery of licence fees.
254. Art. 151 Prosecution of offences.
255. Art. 152 Miscellaneous amendments.
256. Art. 153 Definitions (Part 10).
257. Art. 154 Broadcasting funding scheme.
258. Art. 155 Objectives of scheme.
259. Art. 155A Scheme for professional journalistic practices in local sound broadcasting and community broadcasting.
260. Art. 156 Amounts to be paid by Minister to scheme.
261. Art. 157 Broadcasting fund.
262. Art. 158 Reviews of scheme.
263. Art. 159 Winding-up and dissolution of scheme.
264. Art. 159A Interpretation of European works.
265. Art. 159B Share of European works.
266. Art. 159C Prominence of European works.
267. Art. 159D
268. Art. 159E European works levy.
269. Art. 159F European works scheme.
270. Art. 159G Procedure for making schemes under section 159F.
271. Art. 159H Designation of Fís Éireann for the purpose of making a European works scheme.
272. Art. 159I Exemptions for particular services.
273. Art. 159J Laying of rules, orders and schemes.
274. Art. 160 Definitions (Part 11).
275. Art. 161 Application.
276. Art. 162 Designation of major events.
277. Art. 163 Consultation.
278. Art. 164 Broadcasters’ duties with respect to designated events.
279. Art. 165 Broadcasters’ duties with respect to Member State events.
280. Art. 166 Civil remedies.
281. Art. 167 Reasonable market rates.
282. Art. 168 Qualifying broadcaster may apply to High Court to obtain rights from event organiser to provide coverage of designated event on free television services in State, etc.
283. Art. 169 Arbitration in respect of reasonable market rates where event organiser is willing to sell broadcasting rights to designated event to qualifying broadcaster.
284. Art. 170 Criteria for determining reasonable market rates.
285. Art. 171 Obligation to give copy of agreement or arrangement to broadcasting rights to Minister.
286. Art. 172 (I) (II) Service of directions and notification.
287. Art. 173 Review of designated events.
288. Art. 174 Dissolution of BCI and saver.
289. Art. 175 Dissolution of BCC and saver.
290. Art. 176 Transitional provisions — BCI.
291. Art. 177 Transitional provisions — BCC.
292. Art. 178 Final accounts of BCI.
293. Art. 179 Continuance of Ministerial consents given in respect of public service broadcasters.
294. Art. 180 Collective citations — Wireless Telegraphy Acts.
295. Art. 181 Amendment of Broadcasting and Wireless Telegraphy Acts (increase of fines, etc.).
296. Art. 182 Matters relating to wireless telegraphy.
297. Art. 183 Amendment to definitions in Copyright and Related Rights Act 2000.
298. Art. 184 Minister’s functions in relation to electronic communications networks and electronic communications services.
299. Art. 185 Amendment of section 5 of Act of 1998 (advertisement, etc., by Referendum Commission).
300. Art. 186 Interpretation (Part 15).
301. Art. 187 Designation of vetted researchers.
302. Art. 188 Termination of data access.
303. Art. 189 Review of refusal of designation or revocation of designation.
304. Art. 190 Award of trusted flagger status.
305. Art. 191 Revocation of status as trusted flagger.
306. Art. 192 Review of refusal of designation or revocation of designation.
307. Art. 193 Certification of out-of-court dispute settlement bodies.
308. Art. 194 Revocation of certification as out-of-court dispute settlement body.
309. Art. 195 Review of refusal of certification or revocation of certification.
310. Art. 196 Representations.
311. Art. 197 Investigation of trusted flagger, vetted researcher or out-of-court dispute settlement body.
312. Art. 198 Orders to act against illegal content.
313. Art. 199 Orders to provide information.
314. Art. 200 Fees.
315. Art. 201 Complaints to Commission concerning Digital Services Regulation.
316. Art. 202 Offences.