Broadcasting Act, 2001

Broadcasting Act, 2001 Skip to content Disclaimer Feedback Helpdesk Gaeilge Léim go dtí an t-ábhar Séanadh Aiseolas Deasc chabhrach English Gaeilge English Produced by the Office of the Attorney General Táirgthe ag Oifig an Ard-Aighne Home Legislation Acts of the Oireachtas Statutory Instruments Pre-1922 Legislation Constitution External Resources Bills (Houses of the Oireachtas) Iris Oifigiúil / Official Gazette Revised Acts (LRC) Classified List of Legislation (LRC) Translations (acts.ie) Translations (Houses of the Oireachtas) Government Publications for Sale EU Law (EUR-Lex) FAQ Disclaimer Feedback Helpdesk Search Baile Reachtaíocht Achtanna an Oireachtais Ionstraimí Reachtúla Reachtaíocht Réamh-1922 Bunreacht Acmhainní Seachtracha Billí (Tithe an Oireachtais) Iris Oifigiúil Achtanna Athbhreithnithe (CAD) (An Coimisiún um Athchóiriú an Dlí) Liosta Rangaithe Reachtaíochta Aistriúcháin (achtanna.ie) Aistriúcháin (Tithe an Oireachtais) Foilseacháin Rialtais ar Díol Dlí AE (EUR-Lex) CCanna (Ceisteanna Coitianta) Séanadh Aiseolas Deasc chabhrach Cuardach TitleTeideal Year(s) or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile ActsAchtanna 2001 Broadcasting Act, 2001 Broadcasting Act, 2001 Permanent Page URL View by SectionAmharc de réir Ailt View Full ActAmharc ar an Acht Iomlán Bill History Stair Bille Commencement, Amendments, SIs made under the Act Tosach Feidhme, Leasuithe, IRí arna ndéanamh faoin Acht Open PDFOscail PDF Print Full ActPriontáil an tAcht Iomlán Number 4 of 2001 BROADCASTING ACT, 2001 ARRANGEMENT OF SECTIONS PART I Preliminary And General Section 1. Short title, collective citation, construction and commencement. 2. Interpretation. 3. Repeals. 4. Expenses. PART II Supply and Transmission of Programme Material Generally 5. Transmission company. 6. Authorisation of the exercise of certain powers vested in Authority and transmission company. 7. Authorisation of transmission company to transmit, by digital terrestrial means, programme material. 8. Multiplex company. 9. Authorisation of multiplex company to combine programme material in digital form. 10. Alteration of name of Commission. 11. Additional functions of Commission. 12. Digital content contracts. 13. Transmission of digital and other broadcasting services by transmission company. 14. Arranging by multiplex company for transmission of digital broadcasting services by transmission company. 15. Non-liability of transmission company and multiplex company for dealing with programme material. 16. Electronic programme guides. 17. Guidelines with respect to programme guide contracts. 18. Application of certain enactments to digital and other broadcasting services. PART III Standards in Broadcasting 19. Codes and rules with respect to programme material. 20. Codes or standards with respect to certain types of information. 21. Functions of Commission in relation to enforcement of Act. 22. Broadcasting Complaints Commission. 23. Services, facilities, etc. for Broadcasting Complaints Commission. 24. Functions of Broadcasting Complaints Commission. 25. Annual report of Broadcasting Complaints Commission. 26. Holders of contracts to record programme material. 27. Transitional provision in relation to Broadcasting Complaints Commission. PART IV Provisions in relation to the Authority 28. Public service character of Authority's national broadcasting service. 29. Amendment of section 16(1) of Act of 1960. 30. Amendment of section 16(2) of Act of 1960. 31. Advertising broadcasts by Authority. 32. Special accounts under section 25(1) of Act of 1960 and amendment of section 6 of Act of 1976. 33. Amendment of Broadcasting Authority (Amendment) Act, 1993. PART V Additional Broadcasting Services — Cable, Satellite Systems, etc. 34. Additional broadcasting services by television programme service contractor. 35. Meaning of “independent television programme” in certain contracts. 36. Satellite content contracts. 37. Transmission of broadcasting services by cable or MMD system. 38. Local interest channels. 39. Community channels. 40. Assessment of community needs in respect of broadcasting. 41. Commercial cable and MMD system channels. PART VI Teilifís na Gaeilge 42. Definition. 43. Establishment day. 44. Teilifís na Gaeilge. 45. Functions of Teilifís na Gaeilge. 46. General duty of Teilifís na Gaeilge. 47. Supply of programme material by Authority to Teilifís na Gaeilge. 48. Approval of total time per year for broadcasting by Teilifís na Gaeilge. 49. Advertising broadcasts by Teilifís na Gaeilge. 50. Application of certain enactments to Teilifís na Gaeilge. 51. Provision of moneys by Minister to Teilifís na Gaeilge. 52. Transitional provisions in relation to Teilifís na Gaeilge. 53. Construction of references to certain acts of Teilifís na Gaeilge. PART VII Miscellaneous 54. Provisions in relation to certain broadcasting services provided by Authority or Teilifís na Gaeilge. 55. Provisions in relation to contracts generally under Act. 56. Fees in respect of applications for contracts. 57. Offences. 58. Provision of moneys by Minister to Commission. 59. Capital grants to sound broadcasting contractors. 60. Amendment of section 6 of Act of 1988. 61. Amendment of section 8 of Act of 1988. 62. Amendment of section 15 of Act of 1988. 63. Amendment of section 15 of Act of 1960. 64. Amendment of Schedule to Act of 1988. 65. Religious advertising. FIRST SCHEDULE Enactments Repealed SECOND SCHEDULE Provisions in relation to Teilifís na Gaeilge Acts Referred To Broadcasting Act, 1990 1990, No. 24 Broadcasting Authority Act, 1960 1960, No. 10 Broadcasting Authority Acts, 1960 to 1999 Broadcasting Authority (Amendment) Act, 1976 1976, No. 37 Broadcasting Authority (Amendment) Act, 1979 1979, No. 36 Broadcasting Authority (Amendment) Act, 1993 1993, No. 15 Companies Acts, 1963 to 1999 Copyright and Related Rights Act, 2000 2000, No. 28 European Parliament Elections Act, 1997 1997, No. 2 Prohibition of Incitement to Hatred Act, 1989 1989, No. 19 Radio and Television Act, 1988 1988, No. 20 Wireless Telegraphy Act, 1926 1926, No. 45 Wireless Telegraphy Acts, 1926 to 1988 Number 4 of 2001 BROADCASTING ACT, 2001 AN ACT TO MAKE FURTHER PROVISION IN RELATION TO BROADCASTING, FOR THAT PURPOSE TO MAKE SEPARATE PROVISION IN RELATION TO THE FOLLOWING DISCRETE ASPECTS OF BROADCASTING, NAMELY, THE SUPPLY OF PROGRAMME MATERIAL FOR THE PURPOSE OF ITS BEING TRANSMITTED AND THE TRANSMISSION OF SUCH MATERIAL THAT IS SO SUPPLIED, TO CONFER ON 2 COMPANIES DESIGNATED BY THE MINISTER FOR ARTS, HERITAGE, GAELTACHT AND THE ISLANDS FOR THAT PURPOSE FUNCTIONS IN RELATION TO SUCH TRANSMISSION AND, AS REGARDS SUCH TRANSMISSION THAT IS EFFECTED BY DIGITAL MEANS, IN RELATION TO THE COMBINATION OF MATERIAL AS AFORESAID AND RELATED AND OTHER DATA IN DIGITAL FORM, TO CONFER ADDITIONAL FUNCTIONS ON THE INDEPENDENT RADIO AND TELEVISION COMMISSION AND RENAME THAT BODY AS COIMISIÚN CRAOLACHÁIN NA hÉIREANN OR, IN THE ENGLISH LANGUAGE, THE BROADCASTING COMMISSION OF IRELAND, TO ESTABLISH A BODY TO BE KNOWN AS TEILIFÍS NA GAEILGE AND TO DEFINE ITS FUNCTIONS, TO AMEND THE BROADCASTING AUTHORITY ACTS, 1960 TO 1993, AND CERTAIN OTHER ENACTMENTS AND TO PROVIDE FOR RELATED MATTERS. [14th March, 2001] BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS: PART I Preliminary and General Short title, collective citation, construction and commencement. 1.—(1) This Act may be cited as the Broadcasting Act, 2001. (2) The Broadcasting Authority Acts, 1960 to 1993, and this Act (in so far as it amends those Acts) may be cited together as the Broadcasting Authority Acts, 1960 to 2001. (3) The Broadcasting Authority Acts, 1960 to 1993, and this Act (in so far as it amends those Acts) shall be construed together as one. (4) This Act shall come into operation on such day or days as the Minister may appoint by order or orders either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or different provisions. Interpretation. 2.—(1) In this Act, unless the context otherwise requires— “the Act of 1960” means the Broadcasting Authority Act, 1960 ; “the Act of 1976” means the Broadcasting Authority (Amendment) Act, 1976 ; “the Act of 1988” means the Radio and Television Act, 1988 ; “the Authority” means Radio Telefís Éireann; “broadcaster” means a person who supplies a compilation of programme material for the purpose of its being transmitted or relayed as a broadcasting service (whether that person transmits or relays that material as such a service or not); “broadcasting service” means a service which comprises a compilation of programme material of any description and which is transmitted or relayed by means of wireless telegraphy, a cable or MMD system or a satellite device, directly or indirectly for reception by the general public, whether that material is actually received or not, but does not include such a service that is provided by means of the Internet; “cable-MMD content contract” has the meaning assigned to it by section 41 ; “cable system” means a wired broadcast relay system; “the Commission” means the body established by section 3 of the Act of 1988; “community content contract” has the meaning assigned to it by section 39 ; “contract” does not include any contract that comes into being between the multiplex company or the transmission company and another person by virtue of the entering into arrangements by the multiplex company or the transmission company with that person under section 13 (1) or 14(1); “the Council Directive” means Council Directive 89/552/EEC of 3 October 1989(1) on the co-ordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the pursuit of television broadcasting activities as amended by Directive 97/36/EC of the European Parliament and of the Council of 30 June 1997(2) ; “digital content contract” has the meaning assigned to it by section 12 ; “digital multiplex licence” has the meaning assigned to it by section 9 ; “the Director” means the Director of Telecommunications Regulation; “DTT licence” has the meaning assigned to it by section 7 ; “EEA Agreement” means the Agreement on the European Economic Area signed at Oporto on the 2nd day of May, 1992, as amended for the time being; “electronic programme guide” has the meaning assigned to it by section 16 ; “establishment day” has the meaning assigned to it by section 43 ; “excepted person” means a person who is under the jurisdiction of another Member State of the European Union or another Member State of the EEA and, for the purposes of this definition, the provisions of the Council Directive shall apply for the purpose of determining the state (whether it be a Member State of the European Union or of the EEA) under the jurisdiction of which the person falls; “free-to-air service” means a broadcasting service for the reception of which no charge is made by the person providing the service; “holder” means— (a) in relation to a contract entered into under the Act of 1988 or this Act, the person with whom the Commission has entered into the contract, (b) in relation to a licence granted under this Act or any other enactment, the person to whom the licence has been granted; “the Internet” means the system commonly known by that name; “local content contract” has the meaning assigned to it by section 38 ; “Member State of the EEA” means a state that is a contracting party to the EEA Agreement; “the Minister” means the Minister for Arts, Heritage, Gaeltacht and the Islands; “MMD system” means a multipoint microwave distribution system used for the transmission of broadcasting services on a point to multipoint basis; “multiplex” has the meaning assigned to it by section 8 ; “the multiplex company” has the meaning assigned to it by section 8 ; “programme guide contract” has the meaning assigned to it by section 16 ; “programme material” means audio-visual material or, where used in the context of a sound broadcasting service, audio material and includes advertisements and material which, when transmitted, will constitute a direct offer to the public for the sale or supply to them of goods or other property (whether real or personal) or services; “provide a broadcasting service” means to supply a compilation of programme material for the purpose of its being transmitted or relayed as a broadcasting service; “sound broadcasting contractor” and “sound broadcasting service” have the same meaning as they have in the Act of 1988; “subscription or pay-per-view basis”, in relation to the making available of a broadcasting service, means any basis for making a charge on a person in respect of the reception by him or her of a broadcasting service, and includes the basis of making such a charge by reference to the number of items of programme material viewed by him or her; “Teilifís na Gaeilge” means the body established by section 44 ; “television programme service contract” and “television programme service contractor” have the same meaning as they have in the Act of 1988; “terrestrial means”, in relation to the transmission of a broadcasting service, means any means of transmitting such a service by wireless telegraphy, other than by means of a cable or MMD system (or, where the said expression is used in the context of Northern Ireland, any system analogous to a cable or MMD system) or a satellite device and “digital terrestrial means” shall be construed accordingly; “transmission” includes, in the case of a cable or MMD system, distribution and “transmit” and “re-transmit” shall be construed accordingly; “the transmission company” has the meaning assigned to it by section 5 . (2) In this Act— (a) a reference to a section is a reference to a section of this Act unless it is indicated that reference to some other enactment is intended, (b) a reference to a subsection or paragraph is a reference to the subsection or paragraph of the provision in which the reference occurs unless it is indicated that reference to some other provision is intended, (c) a reference to any other enactment shall, unless the context otherwise requires, be construed as a reference to that enactment as amended, extended or adapted by or under subsequent enactments, including this Act. Repeals. 3.—Each enactment specified in the First Schedule to this Act is hereby repealed to the extent specified in the third column of that Schedule. Expenses. 4.—The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas. PART II Supply and Transmission of Programme Material Generally Transmission company. 5.—(1) In this section “the transmission company” means a company formed and registered under the Companies Acts, 1963 to 1999 (whether before or after the commencement of this section), being a company which is designated in writing by the Minister to be the body that shall perform the functions expressed in this Act to be performable by the transmission company. (2) The Minister shall not designate a company for the purposes aforesaid unless the following conditions as respects the company are satisfied, namely— (a) the company has been so formed and registered by 2 or more persons (who may include the Authority) each of whom the Minister is of the opinion, having regard to the responsibilities the company will assume under this Act, is a person who is a suitable person to be concerned in such formation and registration, (b) the name of the company is a name which the Minister considers to be appropriate having regard to the said responsibilities, (c) the company is a company limited by shares, and (d) the memorandum of association and articles of association of the company are in such form, consistent with this Act, as is approved of by the Minister, after consultation with the Minister for Public Enterprise. (3) For the purposes of enabling or facilitating the performance by the transmission company of its functions under section 13 , the Authority shall transfer such parts of its real and personal property to the company as the Minister, after consultation with the Authority, determines ought to be the subject of such a transfer. (4) The principal objects of the transmission company shall be stated in its memorandum of association to be— (a) to transmit, by analogue means, broadcasting services on behalf of the Authority, Teilifís na Gaeilge and the television programme service contractor, being services that the Authority, Teilifís na Gaeilge and that contractor provide under the Broadcasting Authority Acts, 1960 to 2001, the Act of 1988 or this Act, as the case may be, (b) to transmit, by digital terrestrial means, programme material and related and other data in a digital form in accordance with arrangements entered into by it under this Act with the multiplex company, (c) to transmit, by analogue means, sound broadcasting services on behalf of the Authority and sound broadcasting contractors, being services that the Authority and such contractors provide under the Broadcasting Authority Acts, 1960 to 2001, or the Act of 1988, as the case may be, (d) to promote the development of multimedia services, and (e) to promote the development of electronic information services, including those provided by means of the Internet. (5) The transmission company shall endeavour to ensure, in so far as it is reasonably practicable to do so, that the services provided by it are made available to the whole community in the State. (6) The Authority shall not, without the consent of the Minister and the Minister for Finance, transfer to another person all or one or more of any shares it holds in the shareholding of the transmission company. (7) The Minister may, by order, require the Authority to divest itself of all or one or more of any shares it holds in the shareholding of the transmission company. (8) Where an order is proposed to be made under subsection (7), 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 of the draft has been passed by each such House. (9) Nothing in this section shall prevent or restrict the inclusion among the objects of the transmission company as stated in its memorandum of association of all such objects and powers as are reasonably necessary or proper for or incidental or ancillary to the due attainment of the principal objects aforesaid and are not inconsistent with this Act. (10) The transmission company shall have power to do anything which appears to it to be requisite, advantageous or incidental to, or which appears to it to facilitate, either directly or indirectly, the performance by it of its functions as specified in this Act or its memorandum of association and is not inconsistent with any enactment for the time being in force. Authorisation of the exercise of certain powers vested in Authority and transmission company. 6.—(1) In this section the “relevant section” means section 16 of the Act of 1960. (2) Subsection (3)(a) of the relevant section shall be construed as including a prohibition with respect to the transmission company exercising its powers to transmit programme material (other than programme material referred to in section 7 (2)) of a like kind to the prohibition which that subsection contains with respect to the Authority exercising the powers referred to in paragraphs (a) and (b) of subsection (2) of the relevant section and, accordingly, the Director may, in accordance with this section, issue licences under subsection (3) of the relevant section to the transmission company as well as to the Authority and attach conditions to any licence so issued to that company. (3) On such date as the Minister, after consultation with the Minister for Public Enterprise and the Director, specifies for the purpose of this section, the Director shall issue a licence under subsection (3) of the relevant section or the Wireless Telegraphy Acts, 1926 to 1988, or both those enactments as appropriate, to— (a) the Authority with respect to the operation by it of any apparatus the operation of which requires a licence under either or both of the said enactments and which apparatus has not been the subject of the transfer referred to in section 5 (3), and (b) the transmission company with respect to the operation by it of any apparatus the operation of which requires a licence under either or both of the said enactments and which apparatus has been the subject of the said transfer. (4) Pending the issuing by the Director of the licences referred to in subsection (3), any licence issued to the Authority under subsection (3) of the relevant section or the Wireless Telegraphy Acts, 1926 to 1988, and in force immediately before the date specified for the purposes of subsection (3), shall, in so far as any right or obligation arising under it relates to an apparatus which has been the subject of the transfer referred to in section 5 (3), operate and have effect as if it had been granted to the transmission company. (5) Upon the issue by the Director of a licence referred to in subsection (3), any licence issued to the Authority under subsection (3) of the relevant section or the Wireless Telegraphy Acts, 1926 to 1988, (including any licence to which subsection (4) applies) which relates to the same matter as the first-mentioned licence relates to and is in force immediately before the issue of that licence shall stand revoked. (6) Paragraphs (b) and (c) of subsection (3) of the relevant section shall apply to a licence issued under that subsection to the transmission company as they apply to a licence issued under that subsection to the Authority and, for the purposes of such application, the reference in the said paragraph (b) to the Authority shall be construed as a reference to the transmission company. Authorisation of transmission company to transmit, by digital terrestrial means, programme material. 7.—(1) The Director shall, on a date specified by the Minister, after consultation with the Minister for Public Enterprise, for the purposes of this section, grant to the transmission company, under the Wireless Telegraphy Acts, 1926 to 1988, a licence which shall be known as the “digital terrestrial television licence” and is in this Act referred to as the “DTT licence”. (2) The DTT licence shall be expressed to authorise, and shall operate to authorise, the transmission company to transmit by digital terrestrial means programme material and related and other data in a digital form in accordance with arrangements entered into by it under this Act with the multiplex company. (3) Without prejudice to any powers he or she may have in that behalf under the Wireless Telegraphy Acts, 1926 to 1988, the Director may attach such conditions to the DTT licence as he or she considers appropriate including conditions specifying requirements to be complied with by the transmission company in respect of the entering into of arrangements under subsection (1) of section 13 or the imposition of charges under subsection (3) of that section and, in particular— (a) a requirement that, as respects such arrangements that are entered into in similar circumstances by the company with different persons for the transmission of broadcasting services comprising similar kinds of programme material supplied to it by each of those persons, the terms of those arrangements, and the charges imposed in respect of them, are similar, (b) a requirement that the company, as respects any decision made by it to exercise or not to exercise its power under subsection (3) of section 13 , and as respects any consequent exercise by it of that power, otherwise ensures fairness of treatment of the persons concerned, and (c) a requirement that the transmission company supplies such information to the Director, and adopts such procedures in the performance of its functions under this Act, as the Director specifies, in pursuance of the requirement, for the purpose of enabling the Director to verify that each condition attached to the licence is being complied with. (4) Nothing in this section shall be construed as preventing the Director from granting under the Wireless Telegraphy Acts, 1926 to 1988, in addition to the DTT licence and whether to the transmission company or any other person, licences authorising the transmission, by digital terrestrial means, of programme material and related and other data in a digital form. Multiplex company. 8.—(1) In this section— “multiplex” means a multiplex referred to in subsection (3); “the multiplex company” means a company formed and registered under the Companies Acts, 1963 to 1999 (whether before or after the commencement of this section), being a company which is designated in writing by the Minister to be the body that shall perform the functions expressed in this Act to be performable by the multiplex company. (2) The Minister shall not designate a company for the purposes aforesaid unless the following conditions as respects the company are satisfied, namely— (a) the company has been so formed and registered by one or more than one person who or each of whom the Minister is of the opinion, having regard to the responsibilities the company will assume under this Act, is a person who is a suitable person to be concerned in such formation and registration, (b) the name of the company is a name which the Minister considers to be appropriate having regard to the said responsibilities, (c) the company is a company limited by shares, and (d) the memorandum of association and articles of association of the company are in such form, consistent with this Act, as is approved of by the Minister, after consultation with the Minister for Public Enterprise. (3) The principal objects of the multiplex company shall be stated in its memorandum of association to be— (a) to establish, operate and maintain 6 digital multiplexes, that is to say, 6 electronic systems which combine programme material and related and other data in a digital form for the purposes of that material and data, so combined, being transmitted by the transmission company, (b) to enter into arrangements, in accordance with the provisions of this Act, with the Authority, Teilifís na Gaeilge, the television programme service contractor and any other person concerned for the transmission of programme material and related and other data in a digital form by the transmission company, (c) to promote the development of multimedia services, and (d) to promote the development of electronic information services, including those provided by means of the Internet. (4) The multiplex company shall endeavour to ensure, in so far as it is reasonably practicable to do so, that the services provided by it are made available to the whole community in the State. (5) Nothing in this section shall prevent or restrict the inclusion among the objects of the multiplex company as stated in its memorandum of association of all such objects and powers as are reasonably necessary or proper for or incidental or ancillary to the due attainment of the principal objects aforesaid and are not inconsistent with this Act. (6) The multiplex company shall have power to do anything which appears to it to be requisite, advantageous or incidental to, or which appears to it to facilitate, either directly or indirectly, the performance by it of its functions as specified in this Act or its memorandum of association and is not inconsistent with any enactment for the time being in force. Authorisation of multiplex company to combine programme material in digital form. 9.—(1) The Director shall, on a date specified by the Minister, after consultation with the Minister for Public Enterprise, for the purposes of this section, grant to the multiplex company, under the Wireless Telegraphy Acts, 1926 to 1988, a licence which shall be known, and is in this Act referred to, as the “digital multiplex licence”. (2) The digital multiplex licence shall be expressed to authorise, and shall operate to authorise, the multiplex company to establish, operate and maintain 6 multiplexes. (3) The Director shall attach to the digital multiplex licence a condition requiring the multiplex company to use the whole or, as the case may be, the part of a multiplex specified in column (2) of the Table to this section solely for the purposes of programme material and related and other data supplied to it by the person who is specified in column (1) of that Table opposite the specification of that whole or that part of a multiplex. (4) If, on the expiration of the appropriate period, a person specified in column (1) of the Table to this section— (a) has not supplied any programme material and related and other data to the multiplex company for the purposes of that material and data being combined in a digital form by means of the multiplex or part of the multiplex specified in column (2) of that Table opposite the specification of that person, or (b) is not supplying programme material and related and other data that is sufficient to exhaust, on a day-to-day basis, the capacity of the said multiplex or part, the designated multiplex company may use— (i) in a case falling within paragraph (a), the whole of the said multiplex or part, (ii) in a case falling within paragraph (b), so much of the said multiplex or part as is not being so exhausted, in respect of programme material and related and other data supplied to it by another person or persons under and in accordance with this Act or for the purposes referred to in subsection (9). (5) In subsection (4) “appropriate period” means the period beginning on the commencement of this section and ending on such day as the Commission, after consultation with the multiplex company and the first-mentioned person in subsection (4), determines to be the day by which in the opinion of the Commission, it would be reasonable to expect that person to be supplying sufficient programme material to that company to exhaust, on a day-to-day basis, the capacity of the multiplex or part referred to in that subsection. (6) The Director shall attach a condition to the digital multiplex licence requiring the multiplex company, where the Commission, in accordance with a direction given by the Minister under subsection (7) for the time being in force, requests it to do so, to use a multiplex or part of a multiplex solely for the purposes of programme material supplied to it under and in accordance with this Act by a person who provides a broadcasting service in Northern Ireland, being a broadcasting service that is receivable throughout the whole of Northern Ireland and which is provided by terrestrial means. (7) The Minister may, whenever and so often as he or she considers it appropriate to do so, give a direction to the Commission requiring it to make a request of the multiplex company of the kind referred to in subsection (6) and the Commission shall comply with that direction; such a direction may, subject to subsection (8), be revoked at any time by the Minister and where the direction is so revoked, the multiplex company shall thereupon be relieved of the obligation of having to comply any further with the request concerned of the Commission. (8) The Minister shall not revoke a direction under subsection (7) otherwise than for stated reasons and then only upon resolutions passed by both Houses of the Oireachtas calling for such revocation. (9) Subject to subsections (3) and (6), nothing in this section shall be construed as preventing the multiplex company from using one or more of the multiplexes for the purposes of providing electronic information services in accordance with the requirements (if any) imposed by any enactment relating to the provision of services concerned which is for the time being in force. (10) Without prejudice to any powers he or she may have in that behalf under the Wireless Telegraphy Acts, 1926 to 1988, the Director may attach such conditions to the digital multiplex licence as he or she considers appropriate including conditions specifying requirements to be complied with by the multiplex company in relation to the imposition of charges under section 14 (4). (11) The requirement imposed by a condition referred to in subsection (3) or (6) to use a multiplex or part of a multiplex for the purposes referred to in subsection (3) or (6), as the case may be, may be satisfied by the multiplex company's using, with the consent of the relevant person specified in column (1) of the Table to this section, so much of the capacity of 2 or more of the multiplexes that is equivalent to the capacity of that multiplex or part, and references in this section to the capacity of a multiplex or a part of a multiplex being exhausted or not being exhausted, as the case may be, shall be construed accordingly. (12) Nothing in this section shall be construed as preventing the Director from granting under the Wireless Telegraphy Acts, 1926 to 1988, in addition to the digital multiplex licence and whether to the multiplex company or any other person, licences authorising the combination, by means of a multiplex other than a multiplex referred to in section 8 (3), of programme material and related and other data in a digital form. TABLE (1) (2) The Authority One multiplex Teilifís na Gaeilge One half of one multiplex The television programme service contractor One half of one multiplex Alteration of name of Commission. 10.—(1) The Commission shall henceforth be known as Coimisiún Craolacháin na hÉireann or, in the English language, the Broadcasting Commission of Ireland and section 3 of the Act of 1988 shall be construed and have effect accordingly. (2) The Commission shall, as soon as may be after the commencement of this section, provide itself with a new seal under paragraph 6 of the Schedule to the Act of 1988. Additional functions of Commission. 11.—(1) Without prejudice to the functions conferred on it by the Act of 1988 or any other enactment, it shall be a function of the Commission to make arrangements, in accordance with the provisions of this Act, for the provision of broadcasting services in the State additional to those provided by the Authority, Teilifís na Gaeilge, the television programme service contractor and each sound broadcasting contractor. (2) In performing the function conferred on it by this section or the functions conferred on it by the Act of 1988, the Commission shall endeavour to ensure that the number and categories of broadcasting services made available in the State by virtue of this Act or the Act of 1988 best serve the needs of the people of the island of Ireland, bearing in mind their languages and traditions and their religious, ethical and cultural diversity. (3) The Commission shall have all such powers as are necessary for or incidental to the performance of its function under this section. Digital content contracts. 12.—(1) Subject to subsection (2), a person shall not supply a compilation of programme material for the purpose of any arrangements to be entered into by him or her under paragraph (a) or (b) of section 14 (1) otherwise than under and in accordance with a digital content contract. (2) Subsection (1) shall not apply to such a supply made by— (a) an excepted person for the purpose of any such arrangements, or (b) the Authority, Teilifís na Gaeilge or the television programme service contractor for the purpose of any such arrangements, being arrangements for the transmission by the designated company of a free-to-air service. (3) The Commission may enter into a contract with a person whereby that other person may supply a compilation of programme material for the purposes referred to in subsection (1), and such a contract shall be known as a “provision of content (digital) contract” and is in this Act referred to as a “digital content contract”. (4) A digital content contract shall include— (a) a condition requiring the holder of the contract to comply with the codes and rules under section 19 with respect to the programme material supplied in pursuance of the contract, and (b) a condition authorising the Commission to request the holder of the contract to pay to it, 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. (5) A digital content contract shall include a condition providing that, where any of the programme material supplied in pursuance of the contract— (a) contravenes Article 22 or 22A of the Council Directive or a provision of the Prohibition of Incitement to Hatred Act, 1989 , or (b) constitutes an incitement to commit an offence, the Commission 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. Transmission of digital and other broadcasting services by transmission company. 13.—(1) The transmission company— (a) shall, if requested to do so by the body or contractor concerned, enter into arrangements with each of the following, namely, the Authority, Teilifís na Gaeilge and the television programme service contractor whereby the company transmits, by analogue means, free-to-air services comprising compilations of programme material supplied to it by the body or contractor for that purpose, (b) shall, if requested to do so by the multiplex company, enter into arrangements with that company to transmit, by digital terrestrial means, programme material and related and other data in a digital form, (c) shall, if requested to do so by the Authority or the contractor concerned, enter into arrangements with the Authority and each sound broadcasting contractor whereby the company transmits, by analogue terrestrial means, a sound broadcasting service comprising a compilation of programme material supplied to it by the Authority or contractor concerned for that purpose. (2) The transmission company, on being notified by the Commission that the Commission has terminated a television programme service contract or sound broadcasting contract, as the case may be, or that such a contract has expired and has not been renewed, shall forthwith discontinue any arrangements it has entered into under subsection (1) with the former holder of the contract in so far as they relate to the transmission of a broadcasting service or sound broadcasting service, as the case may be, comprising programme material supplied pursuant to that contract. (3) The transmission company may impose charges on a person in respect of the entering into of arrangements under subsection (1) with that person. (4) For the avoidance of doubt, nothing in this section shall be construed as preventing the transmission company from providing services other than those referred to in subsection (1) in accordance with the requirements (if any) imposed by any enactment relating to the provision of the services concerned which is for the time being in force. Arranging by multiplex company for transmission of digital broadcasting services by transmission company. 14.—(1) The multiplex company— (a) shall, if requested to do so by the body or contractor concerned, enter into arrangements with the transmission company for the transmission by that company of free-to-air services, comprising compilations of programme material and related and other data in a digital form, supplied by the Authority, Teilifís na Gaeilge or the television programme service contractor to the multiplex company, being programme material and related and other data that has been combined in such form by the use of the multiplex or part of the multiplex referred to in section 9 (3), (b) may enter into arrangements with the transmission company for the transmission by that company of broadcasting services (including free-to-air services) comprising compilations of programme material and related and other data in a digital form supplied, in accordance with the provisions of this Act, to the multiplex company by any person (including a person referred to in paragraph (a)), (c) may enter into arrangements with any person whereby the company supplies electronic information services in a digital form for transmission by the transmission company in accordance with the requirements (if any) imposed by any enactment relating to the provision of the services concerned which is for the time being in force. (2) The multiplex company, on being notified by the Commission that the Commission has terminated a digital content contract or a television programme service contract, as the case may be, or that such a contract has expired and has not been renewed, shall forth-with discontinue any arrangements it has entered into under subsection (1) in so far as they relate to the transmission of a broadcasting service comprising programme material supplied pursuant to that contract. (3) The multiplex company shall take all reasonable steps to ensure that the number of arrangements for the time being entered into by it under subsection (1) and the terms of those arrangements (including as to the periods for which the arrangements are to be in force) are not such as to result in there not being sufficient capacity available on one or more of the multiplexes referred to in subsection (2) of section 9 for the purpose of the company's being able to comply with a request referred to in subsection (6) of that section. (4) The multiplex company may impose charges on a person— (a) in respect of the entering into by it of arrangements under subsection (1) at the request of or, as the case may be, with that person, (b) in respect of the reception by the person of a broadcasting service (other than a free-to-air service provided pursuant to an arrangement entered into under subsection (1)(a)) comprising programme material supplied by the multiplex company to the transmission company, and (c) in respect of the provision by it to the person of any apparatus or device enabling the reception by the person of broadcasting services (including free-to-air services) in a digital form. (5) For the avoidance of doubt, the reference in subsection (4) to arrangements entered into under subsection (1) includes a reference to arrangements entered into under that subsection in respect of programme material supplied to the multiplex company by a person providing a broadcasting service in Northern Ireland to whom a direction given by the Minister under section 9 (7) relates and references in subsection (4) to a broadcasting service shall be construed accordingly. Non-liability of transmission company and multiplex company for dealing with programme material. 15.—For the avoidance of doubt, neither the transmission company nor the multiplex company shall— (a) be under any duty to ensure that the programme material supplied to it, pursuant to arrangements under section 13 (1) or 14(1), complies with the enactments applied to the supply of such material by section 18 or with the codes and rules under section 19 , (b) be liable in damages for any infringement of copyright, other intellectual property rights or other legal rights of any person by virtue of having accepted a supply of programme material, pursuant to arrangements under section 13 (1) or 14(1), and dealt with the material in the performance of its functions, (c) be liable in damages for any infringement of copyright, other intellectual property rights or other legal rights of any person by virtue of having accepted a supply of data (other than programme material), pursuant to arrangements under section 13 (1) or 14(1), and dealt with the data in the performance of its functions, unless in so dealing with the data it has effective control over its content, (d) be regarded, for the purposes of the law of defamation, malicious falsehood or any other form of civil liability, as having, by virtue of accepting a supply of programme material, pursuant to arrangements under section 13 (1) or 14(1), and dealing with the material in the performance of its functions, published the material, or (e) be liable in damages to the holder of a contract referred to in section 13 (2) or 14(2) for the discontinuance by it in good faith under section 13 (2) or 14(2), as the case may be, of any arrangements under section 13 (1) or 14(1) in respect of that contract in circumstances where the contract was not lawfully terminated or had not, in fact, expired or had expired but had, in fact, been renewed at the date of the notification by the Commission under section 13 (2) or 14(2). Electronic programme guides. 16.—(1) In this section “electronic programme guide” means any electronic means of providing information to members of the public in relation to the schedule of programme material the subject of any broadcasting service and which electronic means is an integral part of the distribution and reception system by which the broadcasting service is provided. (2) A person shall not prepare or make available for use by another an electronic programme guide otherwise than under and in accordance with a programme guide contract. (3) The Commission may enter into a contract with a person whereby that other person may prepare and make available for use by another one or more electronic programme guides and such a contract shall be known as an “electronic programme guide contract” and is in this Act referred to as a “programme guide contract”. (4) A programme guide contract shall include a condition requiring the holder of the contract to comply with guidelines under section 17 with respect to the electronic programme guide or guides prepared by him or her in pursuance of that contract. (5) A programme guide contract shall include a condition requiring the holder of the contract to ensure that the electronic programme guide or guides prepared in pursuance of it may easily be used by a member of the public to access information in relation to the schedules of programme material the subject of each broadcasting service— (a) provided in the State by— (i) the Authority, (ii) Teilifís na Gaeilge, and (iii) the television programme service contractor, and (b) provided in Northern Ireland by any person, being a service that is receivable throughout the whole of Northern Ireland and which is provided by terrestrial means. (6) An electronic programme guide prepared by a person who is the holder of a contract that has been entered into under any other section of this Act shall not be designed in such a way as to result in a user of the guide experiencing difficulty in accessing the programme material supplied pursuant to any contract entered into with another person under that or any other section of this Act and which is the subject of a broadcasting service. (7) If the Commission considers it appropriate to do so in order that members of the public may keep themselves informed of the choice of programme material available for viewing on broadcasting services transmitted by the transmission company pursuant to arrangements under section 14 (1) and each holder of a licence referred to in section 37 (1), it may invite expressions of interest in the securing of a programme guide contract in relation to the electronic programme guide or guides prepared under which the Commission may give a direction under subsection (9). (8) The Commission may, having examined each of the expressions of interest received on foot of such an invitation, enter into a programme guide contract with the person whose proposals for such electronic programme guide or guides would, in its opinion, best serve the needs of the public. (9) The Commission may give a direction to— (a) the multiplex company requiring that company to enter into arrangements with the transmission company for the transmission by the transmission company of the electronic programme guide or guides prepared under the programme guide contract referred to in subsection (8), and (b) each holder of a licence referred to in section 37 (1) requiring him or her to transmit the said guide or guides, and the said company and each such holder shall comply with such a direction. Guidelines with respect to programme guide contracts. 17.—The Commission, after consultation with the Director, shall prepare guidelines with respect to the format in which the information in relation to schedules of programme material provided by electronic programme guides may be presented and the making of the arrangements that are necessary to enable the broadcasters referred to in subsection (5) of section 16 to have access to those guides so that the condition referred to in that subsection of each programme guide contract may be properly implemented in their favour. Application of certain enactments to digital and other broadcasting services. 18.—The following provisions of the Act of 1988, namely— (a) paragraphs (a), (b), (d) and (e) of subsection (1), and subsection (2), of section 9, and (b) section 10(3), shall apply to a broadcasting service which consists of a compilation of programme material supplied pursuant to a contract entered into under this Act with the following and any other necessary modifications— (i) references in those provisions to a sound broadcasting contractor shall be construed as references to the holder of the contract concerned, (ii) references in those provisions to any thing being broadcast shall be construed as references to the thing being supplied pursuant to a contract entered into under this Act for the purpose of its being transmitted as part of a broadcasting service, and (iii) paragraph (d) of the said section 9(1) shall have effect as if the words “as offending against good taste or decency, or” were omitted. PART III Standards in Broadcasting Codes and rules with respect to programme material. 19.—(1) The Commission shall, upon being directed by the Minister to do so and in accordance with the provisions of this section, prepare— (a) a code specifying standards to be complied with, and rules and practices to be observed, in respect of the taste and decency of programme material, the subject of a broadcasting service or sound broadcasting service, and, in particular, in respect of the portrayal of violence and sexual conduct in such material, and (b) a code specifying standards to be complied with, and rules and practices to be observed, in respect of advertising, teleshopping material, sponsorship and other forms of commercial promotion employed in any broadcasting service or sound broadcasting service (other than advertising and other activities as aforesaid falling within paragraph (c)), and (c) a code specifying standards to be complied with, and rules and practices to be observed, in respect of advertising, teleshopping material, sponsorship and other forms of commercial promotion employed in any broadcasting service or sound broadcasting service, being advertising and other activities as aforesaid which relate to matters likely to be of direct or indirect interest to children. (2) A direction of the Minister under subsection (1) shall specify that the Commission shall give priority to the preparation of the code under paragraph (c) of that subsection before the preparation of the other codes under that subsection and the Commission shall give such priority in the preparation of the first-mentioned code accordingly. (3) The Commission shall, in accordance with subsection (5), make rules with respect to— (a) the total daily times that shall be allowed for the transmission of advertisements and teleshopping material on a broadcasting service or sound broadcasting service, being a service which consists of a compilation of programme material supplied pursuant to a contract entered into under this Act or the Act of 1988, and (b) the maximum period that shall be allowed in any given hour for the transmission of advertisements and teleshopping material on such a broadcasting service or sound broadcasting service, and the Commission may make different such rules with respect to different classes of broadcasting service or sound broadcasting service. (4) The codes under subsection (1) and the rules under subsection (3) shall, respectively, provide for the matters required to be provided for by Chapters IV and V of the Council Directive. (5) Before preparing a code or making a rule under this section, the Commission shall make available for inspection by any person who makes a request of it in that behalf a draft of the code it proposes so to prepare or the rule it proposes so to make and shall have regard to any submissions made to it, within such period as it specifies for the purpose, by that person in relation to the draft before it prepares the code or makes the rule concerned. (6) The Commission shall cause to be published in at least one newspaper circulating in the State notice of the fact that, pursuant to subsection (5), a draft referred to in that subsection is available for inspection, of the place at which or the means by which the draft can be inspected and of the period specified by it under that subsection within which submissions may be made to it in relation to the draft. (7) In preparing a code under paragraph (c) of subsection (1) the Commission shall, taking into account any relevant instrument made or relevant guidelines issued by any body in which are vested functions in relation to the welfare of children, have regard to— (a) any research which it considers appropriate (including research under subsection (8)) conducted with respect to the effect of activities referred to in that paragraph on children, and (b) the merits or otherwise and the feasibility of such a code containing a prohibition on a specified class or classes of such activity in so far as those activities relate to children in general or children under a particular age. (8) The Commission may, for the purpose of performing its functions under paragraph (c) of subsection (1), conduct, or cause to be conducted, research with respect to the effect of activities referred to in that paragraph on children. (9) The Commission shall make to the Minister a report in relation to the performance of its functions under subsections (1)(c) and (8) not later than 1 year from the date of the giving to it of the direction under subsection (1) and the Minister shall, as soon as may be after the receipt by him or her of the report, cause copies of it to be laid before both Houses of the Oireachtas. (10) The Commission shall, once in each period of 3 years, beginning with the period of 3 years commencing on the date of the preparation of the code, review the effect of the code prepared under subsection (1)(c), and shall prepare a report in relation to that review and furnish the report to the Minister; the Minister shall, as soon as may be after the receipt by him or her of the report, cause copies of it to be laid before both Houses of the Oireachtas. (11) The Commission shall make rules requiring each broadcaster to take specified steps to promote the understanding and enjoyment by— (a) persons who are deaf or hard of hearing, and (b) persons who are blind or partially sighted, of programmes transmitted on any broadcasting service provided by him or her. (12) Rules under subsection (11) may, in respect of any specified period beginning on or after the commencement of this subsection, require a broadcaster to ensure that a specified percentage of programmes transmitted on a broadcasting service provided by him or her in that period employs specified means by which the understanding and enjoyment by persons referred to in paragraphs (a) and (b) of that subsection of that percentage of programmes may be promoted. (13) In subsection (12) “specified” means specified in, or in accordance with, the rules concerned. (14) The Commission shall prepare a code specifying standards to be complied with, and rules and practices to be observed, in respect of the provision of a broadcasting service which has, as one of its principal objectives, the promotion of the interests of any organisation. (15) The Commission shall from time to time as it considers appropriate prepare a code or make rules amending a code or rules prepared or, as the case may be, made under each provision of this section. (16) The making or preparation of a code or rules under subsection (15) shall be subject to the like (if any) consents and conditions as the code or rules that the first-mentioned code or rules is or are amending. (17) Pending the preparation of the codes under paragraphs (b) and (c) of subsection (1) and the making of rules under subsection (3), the provisions of a code under section 4 of the Broadcasting Act, 1990 , which are in force before the repeal by this Act of that section 4 and which correspond to the matters to which those codes or those rules will relate shall, notwithstanding the repeal of that section 4, continue in force and have effect in relation to each class of broadcaster in relation to whom they had effect before that repeal. (18) In this section “teleshopping material” means material which, when transmitted, will constitute a direct offer to the public for the sale or supply to them of goods or other property (whether real or personal) or services. Codes or standards with respect to certain types of information. 20.—(1) The Commission may co-operate with or give assistance to one or more persons (whether residing or having their principal place of business in the State or elsewhere) in the preparation by that person or those persons of codes or standards with respect to the transmission of information by any electronic means (other than by means of broadcasting), including by means of the Internet. (2) In this section “codes or standards” does not include codes or standards with respect to any technical aspect of the transmission of information by the means referred to in subsection (1). Functions of Commission in relation to enforcement of Act. 21.—(1) It shall be a function of the Commission to enforce— (a) the provisions of Parts II, III and V of this Act, (b) any code or rules prepared or made under this Act, and (c) the terms and conditions of any contract entered into by it under this Act. (2) Subsection (1) is without prejudice to the functions of the Broadcasting Complaints Commission under section 24 . Broadcasting Complaints Commission. 22.—(1) In this section “the Commission” means the Broadcasting Complaints Commission. (2) Notwithstanding the repeal by section 3 of section 18A of the Act of 1960, the Commission shall continue in being. (3) The Commission shall consist of not less than 7 nor more than 9 members. (4) The members of the Commission shall be appointed by the Government. (5) Where the number of members of the Commission for the time being is 7, not less than 3 of them shall be men and not less than 3 of them shall be women. (6) Where the number of members of the Commission for the time being is 8 or 9, not less than 4 of them shall be men and not less than 4 of them shall be women. (7) A person who was a member of the Commission immediately before the commencement of this section shall continue in office as such a member for the remainder of the term of office for which he or she was appointed, unless he or she sooner dies or resigns from office. (8) When appointing a member of the Commission, the Governmen …