Broadcasting Act 2009 
Number 18 of  2009 
BROADCASTING ACT 2009
 
ARRANGEMENT OF SECTIONS 
PART 1 
Preliminary and General matters 
Section 
1. Short title. 
2. Definitions. 3. Repeals. 4. Expenses. 
PART 2
 
Broadcasting Authority of Ireland 
5. Establishment day. 
6. Establishment of Author ity, Contract Awards and 
Compliance Committees. 
7. Body corporate and seal. 
8. Appointment of Authorit y, Contract Awards Committee 
and Compliance Committee. 
9. Criteria for membership. 10. Terms and removal. 11. Chairperson of Authority or statutory committee. 12. Exclusions from membership  of Authority or statutory 
committee.   
  
  
  
  
  
 
 
 
  
 
 
 
  
  
  
  
  
   
  
  
  
  
  
  
  
  
  
  
  13. Meetings of Authority or statutory committee. 
14. Chief executive officer of Authority. 15. Staff. 16. Superannuation. 17. Advisory committees. 18. Consultants and advisers. 19. Accountability of chief executive to Committee of Public 
Accounts. 
20.
 Accountability of chief executive and chairpersons o f 
Authority and statutory comm ittees to other Oireachtas 
Committees. 
21. Disclosure by members of  Authority and statutory 
committee of certain interests. 
22. Disclosure by staff of Aut hority of certain interests. 
23. Code of conduct. 24. Independence. 25. Objectives of Authority. 26. Functions of Authority. 27. Functions of Contract Awards Committee. 28. Functions of Compliance Committee. 29. Strategy statements. 30. Policy communications. 31. Powers. 32. Duties of Authority and statutory committees. 33. Levy. 34. Exchequer funding. 
35. Borrowings. 
36. Deposits and charges for services. 37. Accounts and audits. 38. Reports to Minister.    
  
  
  
  
  
  
  
  
 
 
   
  
  
  
  
   
  
  
   
  
  
  
   
  
  
 
 
 PART 3
 
Broadcasters — Duties, Codes and Rules 
39. Duties of broadcasters. 
40. Recording of broadcasts. 41. Advertising. 42. Broadcasting codes. 43. Broadcasting rules. 44. Inspection of draft broa dcasting codes and rules. 
45. Presentation of broadcasting codes and rules to Minister. 46. Co-operation with other pa rties — standards and self-
regulation. 
PART 4
 
Redress 
47. Code of practice — complaints handling. 48. Complaints process. 49. Right of reply. 
PART 5
 
Enforcement 
Chapter 1 
Compliance with terms of contract 
50. Investigation into affairs of contractor. 51. Termination or suspension of contract under Part 6 or 8. 
Chapter 2 
Financial Sanctions 
52. Definitions (Chapter 2 ). 
53. Investigation into af fairs of broadcaster. 
54. Report, findings, recommen dations and procedures 
relating to outcome of investigation.   
 
  
  
   
  
   
 
 
 
  
  
  
  
  
  
  
  
 
 
 
 
 
 
  
  
  
  
 
  
  55. Financial sanctions. 
56. Matters to be considered in determining the amount o f 
financial sanction. 
Chapter 3 
Notifications 
57. Notifications. 
PART 6
 
Broadcasting Contracts and Content Provision Contracts — 
Commercial and Community Broadcasters 
58. Interpretation (Part 6 ). 
59. Broadcasting licence. 60. Variation of broadcasting licence. 61. Emergencies. 62. Restriction on award of sound broadcasting contract. 63. Sound broadcasting contracts. 64. Community sound broadcasting contracts. 65. Applications for sound broadcasting contracts. 66.
 Determination of applicat ions for award of sound 
broadcasting contracts and television programme service 
contract. 
67. Fast-track application process for award of sound 
broadcasting contracts. 
68. Sound broadcasting contracts for temporary or 
institutional sound broadcasting services. 
69. Terms and conditions of broadcasting contract. 70. Television programme service contract. 
71. Content provision contracts. 
72. Community content provision contracts. 
73. 
Assessment of commun ity needs in respect o f 
broadcasting. 
74. Electronic programme guides.   
  
  
   
   
  
  
 
 
 
  
  
  
  
  
  
  
  
  
  
  
  
  
 
 
  
 
 
 
  
  75. Rules with respect to pr ogramme guide contracts. 
76. Transmission of broadcasting services by MMD system. 
77. Must-carry and must-offer obligations. 78. Offences ( Part 6). 
PART 7
 
Public Service Broadcasting 
Chapter 1 
Public Service Broadcasting Corporations — Common 
Provisions
 
79. Bodies corporate. 80. Seals of corporations. 81. Appointment of board. 82. Criteria for board membership. 83. Appointment of staff member. 84. Terms and removal. 85. Chairperson. 86. Exclusions from board membership. 87. Duties of board members. 88. Meetings. 89. Director general. 90. Staff. 91. Superannuation. 92. Accountability of director general and chairperson to 
Oireachtas Committees. 
93. Disclosure by members of cor poration of certain interests. 
94. Disclosure by staff and contractors for services of certain 
interests. 
95. Code of conduct. 96. Audience council.   
  
  
  
  
  
 
  
 
  
  
  
  
 
 
  
  
   
  
  
   
  
  
  
  
  
   
  
  
  97. Advisory committees. 
98. Independence. 99. Statement of strategy. 100. Sectoral impact assessments by Authority. 101. Public service statement. 102. Annual statement of performance commitments. 103. Ministerial consent for new services and variations in 
channels. 
104. Establishment of subsidiaries and joint ventures. 105. Duty of corporation with  respect to its revenue. 
106. Advertisements. 107. Borrowings. 108. Transactions between public service and commercial 
opportunities. 
109. Accounts and audit. 110. Reports and information. 111. Access to archives. 112. Code of fair trading practice. 
Chapter 2 
Provisions specific to RTÉ 
113. Raidió Teilifís Éireann. 114. Principal objects and a ssociated powers of RTÉ. 
115. Broadcasting infrastructure. 116. Independent programme account. 
Chapter 3 
Provisions specific to TG4 
117. Continuance of Tei lifís na Gaeilge. 
118. Principal objects and a ssociated powers of TG4. 
119. Accountability of director general of TG4 to Committee   
   
  
  
  
  
   
  
  
  
 
 
 
 
 
 
 
  
 
 
   
  
   
  
  
 
 
 
 
 
 
 
 
 of Public Accounts. 
Chapter 4 
Exchange of Programme Materi al and Spectrum Licencing 
120. Duty to supply programme material. 
121. Public service br oadcasting licence. 
122. Emergencies. 
Chapter 5 
Allocation of Public Funding to RTÉ and TG4 
123. Allocation of public funding. 124. Recommendations as to changes to public funding. 
Chapter 6 
Bealach Thithe an Oireac htais and Bealach Scannán na 
hÉireann 
125. Bealach Thithe an Oireachtais  (Houses of the Oireachtas 
Channel). 
126. Amendment of Schedule to Houses of the Oireachtas 
Commission Act 2003. 
127. Bealach Scannán na hÉireann (Irish Film Channel). 128. Oversight of public funding of Houses of the Oireachtas 
Channel and Irish Film Channel. 
PART 8
 
Digital Broadcasting and Analogue Switch-Off 
129. Definitions ( Part 8). 
130. Additional functions of RTÉ. 131. Additional functions of Authority. 132. Duty of Communications Regu lator in respect  of digital 
terrestrial television multiplexes. 
133. Duty of Communications Regu lator in respect  of digital 
terrestrial sound broadcasting multiplexes. 
134. Amendment of sound broadc asting contracts for listed 
simulcast services.   
   
 
  
   
  
   
  
   
  
  
  
  
  
  
  
  
  
 
 
 
  
  
  
  
  
  
  
  
  135. Regulations prescribing fees. 
136. Applications for multiplex contracts. 137. Determination of applications for award of multiplex 
contracts. 
138. Terms and conditions of multiplex contracts. 139. Analogue switch-off. 
PART 9
 
Television Licence 
140. Definitions ( Part 9) — order — “specified place”. 
141. Laying regulations and orders — Part 9. 
142. Restrictions on possession of television set. 143. Grant of television licences. 144. Regulations in regard to television licences. 145. Issue of television licences by agent. 146. Request to show television licence. 147. Statutory declaration. 148. Offences for not having television licence. 149. Reminder notification and fixed payment notice. 150. Reminder notification — eff ective date of television 
licence and recovery of licence fees. 
151. Prosecution of offences. 152. Miscellaneous amendments. 
PART 10 
Broadcasting Fund 
153. Definitions ( Part 10 ). 
154. Broadcasting funding scheme. 
155. Objectives of scheme. 
156. Amounts to be paid by Minister to scheme. 157. Broadcasting fund.   
  
  
  
  
  
  
  
  
 
 
 
  
  
 
  
 
 
 
  
 
 
  
  
  
  
  
  
  
  158. Reviews of scheme. 
159. Winding-up and dissolution of scheme. 
PART 11 
Major Events Television Coverage 
160. Definitions ( Part 11 ). 
161. Application. 162. Designation of major events. 163. Consultation. 164. Broadcasters’ duties with re spect to designated events. 
165. Broadcasters’ duties with respect to Member State 
events. 
166. Civil remedies. 167. Reasonable market rates. 168.
 Qualifying broadcaster may apply to High Court to 
obtain rights from event orga niser to provide coverage o f 
designated event on free televisi on services in State, etc. 
169. Arbitration in respect of reasonable market rates where 
event organiser is willing to sell broadcasting rights to 
designated event to qua lifying broadcaster. 
170. Criteria for determining reasonable market rates. 
171. Obligation to give copy of agreement or arrangement to 
broadcasting rights to Minister. 
172. Service of directions and notification. 173. Review of designated events. 
PART 12 
Transitional Provisions 
174. Dissolution of BCI and saver. 175. Dissolution of BCC and saver. 176. Transitional provisions — BCI. 177. Transitional provisions — BCC.   
 
  
  
  
  
 
 
  
  
  
 
 
 
 
 
 
 
  
   
  
  
  
  
  178. Final accounts of BCI. 
179. Continuance of Ministerial consents given in respect o f 
public service broadcasters. 
PART 13 
Wireless Telegraphy 
180. Collective citations — Wireless Telegraphy Acts. 181. Amendment of Broadcasting and Wireless Telegraphy 
Acts (increase of fines, etc.). 
182. Matters relating to wireless telegraphy. 
PART 14 
Miscellaneous 
183. Amendment to definitions in Copyright and Related 
Rights Act 2000. 
184. Minister’s functions in  relation to electronic 
communications networks a nd electronic communications 
services. 
185. Amendment of section 5 of Act of 1998 (advertisement, 
etc., by Referendum Commission). 
SCHEDULE 1 
Enactments Repealed 
SCHEDULE 2 
Sections 5 to 9 of the Wireless Telegraphy Act 1926 
Acts Referred to 
British-Irish Agreement Act 1999 1999, No. 1 
Broadcasting (Amendment) Act 2007 2007, 
15 No. 
Broadcasting (Funding) Act 2003 2003, No. 43 
Broadcasting (Major Events Television Coverage) 2003, No. 
(Amendment) Act 2003 13 
Broadcasting (Major Events Television Coverage) 1999, No.  Act 1999 28 
1968, No.Broadcasting (Offences) Act 1968 
35 
Broadcasting (Offences) Acts 1968 and 1988 
1990, No.Broadcasting Act 1990 
24 
Broadcasting Act 2001 2001, No. 4 
1988, No.Broadcasting and Wireless Telegraphy Act 1988 
19 
Broadcasting Authority  (Amendment) Act 1964 1964, No. 4 
Broadcasting Authority  (Amendment) Act 1966 1966, No. 7 
Broadcasting Authority  (Amendment) Act 1971 1971, No. 2 
Broadcasting Authority  (Amendment) Act 1973 1973, No. 1 1974, No.Broadcasting Authority  (Amendment) Act 1974 
33 1976, No.Broadcasting Authority  (Amendment) Act 1976 
37 1979, No.Broadcasting Authority  (Amendment) Act 1979 
36 1993, No.Broadcasting Authority  (Amendment) Act 1993 
15 1960, No.Broadcasting Authority Act 1960 
10 2002, No.Communications Regulation Act 2002 
20 
Communications Regulation (Amendment) Act 2007, No. 
2007 22 1963, No.Companies Act 1963 
33 1990, No.Companies Act 1990 
33 
Comptroller and Auditor General (Amendment) 
1993, No. 8Act 1993 
Copyright and Related Rights Act 2000 2000, No. 
 28 
2005, No.Disability Act 2005 
14 
1995, No.
Ethics in Public Office Act 1995 
22 
1993, No.
European Communities (Amendment) Act 1993
 
25 
European Parliament Elections Act 1997 1997, No. 2 
2003, No.Houses of the Oireachtas Commission Act 2003 
28 
2003, No.
Intoxicating Liquor Act 2003 
31 
2001, No.
Local Government Act 2001 
37 
2005, No.
Maritime Safety Act 2005 
11 
1955, No.
Mercantile Marine Act 1955 
29 
60 & 61
Police (Property) Act 1897 
Vic. c. 30. 
Postal and Telecommunications Services Act 1983, No. 
1983 
 24 
1989, No.
Prohibition of Incitement to Hatred Act 1989 
19 
1988, No.
Radio and Television Act 1988 
20 
Referendum Act 1998 
 1998, No. 1 
4 Edw. 7, c.
Registration of Clubs (Ireland) Act 1904 
9 
1961, No.
Road Traffic Act 1961 
24 
1926, No.
Wireless Telegraphy Act 1926 
45 
Wireless Telegraphy Act 1972 1972, No. 5 
 
 
 
 
  
  
  
   
  
 
  
 
 
 
 
  
   
  
 
  
  
  Wireless Telegraphy Acts 1926 to 1988 
Wireless Telegraph Act 1956 1956, No. 4 
Number 18 of  2009 
BROADCASTING ACT 2009
 
AN ACT TO REVISE THE LAW RELATING TO 
BROADCASTING SERVICES AND CONTENT 
AND FOR THAT PURPOSE TO ESTABLISH AN AUTHORITY TO BE KNOWN AS, IN THE ENGLISH LANGUAGE, THE BROADCASTING AUTHORITY OF IRELAND OR, IN THE IRISH LANGUAGE, ÚDARÁS CRAOLACHÁIN NA hÉIREANN, TO DISSOLVE THE BROADCASTING COMMISSI ON OF IRELAND 
AND THE BROADCASTING COMPLAINTS COMMISSION, TO AMEND AND REPEAL CERTAIN ENACTMENTS RELATING TO BROADCASTING, TO PROVIDE FOR MATTERS RELATING TO TELEVISION LICENCES, TO PROVIDE FOR THE REGULATION AND PROVISION OF TELEC OMMUNICATIONS 
SERVICES AND TO PROVIDE FOR CONNECTED MATTERS. 
[12th July , 2009] 
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS: 
PART 1 
Preliminary and General matters 
Short title. 1.— This Act may be cited as the Broadcasting Act 2009. 
Definitions. 2.— In this Act— 
“Act of 1926” means Wire less Telegraphy Act 1926 ;   
 
  
  
  
  
  
  
 
 
 
  
  
 
 
 
 
  
 
 
  
 
  
 
  “Act of 1972” means Wire less Telegraphy Act 1972 ; 
“Act of 1988” means Broadcas ting and Wireless Telegraphy Act 
1988 ; 
“Act of 1998” means Referendum Act 1998 ; “Act of 2001” means Broadcasting Act 2001 ; “Authority” means Broadcasti ng Authority of Ireland; 
“BCC” means Broadcasting Complaints Commission; “ BCI ” means Broadcasting Commission of Ireland; “ broadcast ” means the transmi ssion, relaying or distribution by 
electronic communications networ k of communications, sounds, 
signs, visual images or signals, intended for direct reception by 
the general public whether such  communications, sounds, signs, 
visual images or signals are actually received or not; 
“ broadcaster ” means a person who supplies a compilation o f 
programme material for the pur pose of its being transmitted, 
relayed or distributed as a broa dcasting service (whether that 
person transmits, relays or distri butes that material as such a 
service or not); 
“ broadcasting code ” means a code prepared under section 42  ; 
“ broadcasting contract ” means a contract entered into under 
section 63  , 64 , 68 or 70 ; 
“broadcasting contractor” means a person holding a 
broadcasting contract; 
“broadcasting rules” means rules prepared under section 43  ; 
“broadcasting service” means a service which comprises a 
compilation of programme materi al of any description and 
which is transmitted, relayed or distributed by means of an 
electronic communications network, directly or indirectly for 
simultaneous or near-simultaneous reception by the general public, whether that material is actually received or not, and 
where the programmes are provid ed in a pre-scheduled and 
linear order, but does not include: 
(a) a service provided in a non-linear manner where 
each user of the service chooses a programme from a catalogue of programmes, or 
(b) other audio and audiovisu al services provided by   
 
 
  
  
 
 
 
 
 
 
 
  
 
 
 
 
 
 
 
  
 
  
 
 
 
 
 
  way of the Internet; 
“ children ” means persons under the age of 18 years; 
“ Communications Regulator ” means Commission for 
Communications Regulation; 
“ communications media ” means— 
(a) the provision of a broadcasting service, 
(b) the provision of a broad casting services platform, 
or 
(c) the publication of newspapers or periodicals 
consisting substantially of  news and comment on 
current affairs; 
“community broadcaster” means a person holding a contract 
under sections 64  , 68 (1)(b)  or 72 ; 
“ community of interest ” means a group of persons with a shared interest, association or bond; 
“Compliance Committee” means the committee of the Authority 
established to undertake th e functions set out in section 28  ; 
“ content provision contract ” has the meaning assigned to it in 
section 71  ; 
“ Contract Awards Committee ” means the committee of the Authority established to undert ake the functions set out in 
section 27 ; 
“ corporation ” means RTÉ or TG4 or both, as the case may be; 
“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 and by Directive 
2007/65/EC of the European Parliament and of the Council of 11 December 2007 
3 ; 
“ director general ” means a person appointed as the director general of a corporation under section 89 (1) ; 
“ electronic communications network ” means transmission systems including, where applicable— 
(a) switching equipment,   
   
 
 
   
 
  
 
 
 
  
 
 
 
 
  
 
 
 
 
 
 
  
  
 
  
 
  
 
  (b) routing equipment, or 
(c) other resources, 
which permit the conveyance of signals by wire, by radio, by 
optical or by other electromagne tic means, and such conveyance 
includes the use of— 
(i) satellite networks, 
(ii) electricity cable systems, to the extent that they are 
used for the purposes of transmitting signals, 
(iii) fixed terrestrial netw orks (both circuit-switched 
and packet-switched, in cluding the Internet), 
(iv) mobile terrestrial networks, (v) networks used for either or both sound and 
television broadcasting, and 
(vi) cable television and inte rnet protocol television 
networks, 
irrespective of the type of information conveyed; 
“EEA Agreement” has the meaning assigned to it in the 
European Communities (Amendment) Act 1993 ; 
“electronic programme guide” has the meaning assigned to it by 
section 74  ; 
“electronic programme guide contract” has the meaning 
assigned to it by section 74 ; 
“ employment ” includes— 
(a) full-time employment, 
(b) 
part-time paid employment, where such 
employment is ongoing in the year o f 
appointment or which arises in subsequent years, 
(c) temporary paid employme nt, being for a period o f 
16 weeks or more in the year of appointment or in subsequent years, or 
(d) being retained under contract, directly or 
indirectly, in any cap acity as an adviser, 
consultant or lobbyist, or for the provision o f 
services, by or in any business related to the functions of the public body concerned;  
  
 
  
 
 
 
  
 
   
 
 
 
 
 
 
   
   
  
 
 
 
  
 
  
 
 
 
 “establishment day” means the day appointed by the Minister 
under section 5  to be the establishment day for the purposes o f 
Part 2 , sections 49  , 157 and Part 12  ; 
“excepted person” means a person who is under the jurisdiction 
of another Member State and, for the purposes of this definition, 
the Council Directive applies fo r the purpose of determining the 
state under the jurisdiction of which the person falls; 
“exploitation of commercial  opportunities object” means an 
activity undertaken by a corporation in pursuance of paragraph 
(j) of section 114 (1)  or paragraph (i)  of section 118 (1) ; 
“ 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 this Act, 
the person with whom th e Authority 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; 
“holding company” has the same meaning as in the Companies 
Act 1963 ; 
“interests” includes— 
(a) employment by or on behalf of— 
(i) any business related to the functions of the 
public body concerned, 
(ii) 	
any organisation representative of any 
business related to the functions of the 
public body concerned, 
(b) ownership of any business related to the functions 
of the public body concerned, 
(c) shares in, bonds or debe ntures of, or other like 
investments in any business related to the 
functions of the public body concerned, where the 
aggregate of such holdings exceeds €13,000, 
(d) a directorship or shadow directorship (within the 
meaning of the Companies Acts) in any business  
 
 
 
 
 
 
 
 
 
  
 
 
 
 
 
 
 
 
 
 
 
  
  related to the functions  of the public body 
concerned, held currently or during the previous 
two years, or 
(e) gifts of travel, holidays, transport or other benefits 
(in excess of €650), including benefits from any 
beneficial interest in or connected with any 
business related to the functions of the public 
body concerned, during the previous two years 
which were received by the person concerned or 
by his or her spouse; 
“ Joint Oireachtas Committee ” means a Joint Committee of the 
Houses of the Oireachtas to which those Houses have assigned the role of examining matters  relating to broadcasting; 
“ local community ” means the community of a town or other urban or rural area; 
“ media literacy ” means to bring about a better public 
understanding of: 
(a)
 the nature and characteristics of material published 
by means of broadcast a nd related electronic 
media, 
(b) the processes by which such material is selected, or 
made available, for publication by broadcast and related electronic media, 
(c) the processes by which individuals and 
communities can create and publish audio or 
audio-visual material by  means of broadcast and 
related electronic media, and 
(d) the available systems by which access to material 
published by means of broadcast and related electronic media is or can be regulated; 
“ Member State ” includes a state that is a contracting state to 
the EEA Agreement; 
“ Minister ” means Minister for Communications, Energy and 
Natural Resources; “ 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 129  ;  
  
 
  
 
 
 
 
 
 
 
  
 
  
 
 
 
  
 
 
 
 
 
 
  
  
 
 
 
 “ multiplex contractor ” means the holder of a contract entered 
into under section 131  ; 
“ multiplex licence ” has the meaning assigned to it by section 129 ; 
“ national emergency ” means an emergency declared under section 10 of the Act of 1926; 
“ ownership ” includes any proprie tary interest in any business 
related to the func tions of the public body concerned, whether 
that interest is freehold, leas ehold or benefici al, and applies 
where the interest— 
(a) is held solely by the pe rson concerned or shared 
with one or more persons, and 
(b) has a value of €5,000 or more; 
“ programme material ” means a udio-visual material or 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 (whe ther real or 
personal) or services; 
“ provide a broadcasting service ” means to supply a compilation 
of programme material for the purpose of its being transmitted, relayed or distributed as  a broadcasting service; 
“ public service broadcaster ” means RTÉ, TG4, the Houses o f 
the Oireachtas Channel and the Irish Film Channel; 
“ public service broadcasting li cence ” means a licence issued 
under section 121 ; 
“ public service objects ” shall m ean an activity undertaken by a 
corporation in pursuance of paragraphs (a)  to (i) of section 114 
(1) or paragraphs (a)  to (h) of section 118 (1) ; 
“Raidió Teilifís Éireann” means the authority established under section 3 of the Broadcasting Authority Act 1960 ; 
“ RTÉ ” means Raidió Teilifís Éireann; “ sectoral ” means pertaining to  the provision of broadcasting 
and broadcasting related services; “ sound broadcasting service ” means a broadcasting service 
which transmits, relays or distributes, by wireless telegraphy, communications, sounds, signs or  signals intende d for direct 
reception by the general public whether such communications,  
  
 
  
 
 
 
 
 
 
 
  
 
  
 
 
  
 
 
  
 
  
 
 
  
 
  sounds, signs or signals are actually received or not; 
“ statutory committee ” means the Contract Awards Committee or the Compliance Committee or both, as the case may be; 
“ subscription or pay-per-view basi s ”, in relation to the making 
available of a broadcasting servi ce, means any basis for making 
a charge on a person in respect of the reception by him or her o f 
a broadcasting servi ce, and includes the basis of making such a 
charge by reference to the nu mber of items of programme 
material viewed by him or her; 
“subsidiary” has the same meaning as in the Companies Act 1963 ; 
“superannuation benefits” means pensions, gratuities or other 
allowances payable on resigna tion, retirement or death; 
“Teilifís na Gaeilge” means th e body established by section 44 
of the Act of 2001; 
“ TG4 ” means Teilifís na Gaeilge; 
“television programme service” means a service which 
comprises a compilation of audio- visual programme material o f 
any description and is transmitted, distributed or relayed by means of wireless telegraphy dir ectly or indirectly for reception 
by the general public; 
“television programme service contract” and “television programme service contractor” ha ve the same meaning as they 
have in section 70 ; 
“ television licence fees ” means a fee paid on a licence granted 
under section 143  in respect of a television set (within the 
meaning of section 140 ); 
“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 MMD 
system or a satellite device and “digital terrestrial means” shall 
be read accordingly; 
“ transmission” includes, in  the case of a MMD system, 
distribution and “ transmit” and “re-transmit” shall be read accordingly; 
“ website ” means a website maintained on the Internet; 
“ wireless telegraphy ” has the same meaning as in the Act o f 
1926.    
  
 
  
 
  
 
 
 
 
 
 
 
  
 
 
 
 
 
 
 
  
  
  Repeals. 
Expenses. 
Establishment day. 
Establishment of Authority, 
Contract Awards and 
Compliance Committees. 
Body corporate and seal. 3.— The enactments mentioned in Schedule 1  are repealed to 
the extent specified in the third column  of Schedule 1  . 
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 monies 
provided by the Oireachtas. 
PART 2 
Broadcasting Authority of Ireland 
5.— The Minister may by order appoint a day to be the 
establishment day for the purposes of this Part, sections 49  , 157 
and Part 12  . 
6.— There stands established, on the establishment day— 
(a) a body to be known as, in the English language, the 
Broadcasting Authority of Ireland, or in the Irishlanguage, Údarás Craolach áin na hÉireann, to 
perform the functions confe rred on it by this Act, 
and 
(b) two committees of the Authority to be known as 
the Contract Awards Committee and the Compliance Committee, to perform the functions conferred on those committees by this Act. 
7.— (1) The Authority shall be a body corporate, with 
perpetual succession and the power to sue and be sued and to acquire, hold and dispose of land and other property. 
(2) The Authority shall, as soon as may be after its 
establishment, provide itself with a seal. 
(3) The seal of the Authority shall be authenticated by the 
signature of— 
(a) the chairperson of the Authority or another 
member of the Authority, or 
(b) a member of the staff of the Authority, 
authorised by the Authority  to act in that behalf. 
(4) Judicial notice shall be take n of the seal of the Authority  
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
  Appointment of Authority, 
Contract Awards 
Committee and Compliance Committee. and every document purporting to be an instrument made by the Authority and to be sealed with th e seal of the Authority shall be 
received in evidence and be de emed to be such instrument 
without further proof unless the contrary is shown. 
(5)
 Any contract or instrument which, if entered into or 
executed by a person not being a body corporate, would not require to be under seal may 
be entered into or executed on 
behalf of the Authority by any person generally or specially 
authorised by the Authority in that behalf. 
(6) The Contract Awards Committee and Compliance 
Committee shall perform their f unctions under the seal of the 
Authority. 
8.— (1) The members of the Authority shall be 9 in number, 
of which— 
(a) 5 of them shall be appointed by the Government on 
the nomination of the Minister, and 
(b) subject to subsection (2) , 4 of them shall be 
appointed by the Government on the nomination of the Minister. 
(2) Where an appointment is to be made by the Government 
under subsection (1)(b)  or under that paragraph arising from a 
vacancy referred to in section 10 (11)— 
(a) the Minister shall inform the Joint Oireachtas 
Committee of the proposed appointment, 
(b) the Minister in respect  of an appointment under 
subsection (1) (a)  shall provide a statement to the 
Joint Oireachtas Committee indicating the relevant experience and e xpertise of the persons 
or person nominated by the Minister for appointment or appointed by the Government on the nomination of the Minister, and such other matters as the Minister  considers relevant, 
(c) the Joint Oireachtas Committee shall within the 
period of 90 days of being so informed, advise the Minister of the names of the persons or name of the person it proposes that the Minister should 
nominate under subsection (1) (b)  giving reasons, 
such as relevant experience and expertise, in relation to the proposed named persons or person,  
 
 
  
 
  
 
 
 
 
 
  
 
 
 
 
  
 
 
 
   
 
 
 
   
 
 
 (d) the Minister shall have regard to the advice and 
may accept the proposed named persons or some of them or the named person or decide to nominate as he or she s ees fit other persons or 
another person, and 
(e) inform the Joint Oireachtas Committee of his or 
her decision. 
(3) Not less than 4 of the memb ers of the Authority shall be 
men and not less than 4 of them shall be women. 
(4)
 The members of the Cont ract Awards Committee shall be 
8 in number, of which— 
(a) 4 shall be appointed by the Government on the 
nomination of the Minister, and 
(b) 4 shall be appointed by the Authority, being 2 o f 
the members, and 2 of the members of staff, o f 
the Authority. 
(5) The Government and the Authority shall, insofar as is 
practicable, endeavour to ensure that among the members of the 
Contract Awards Committee there is an equal balance between men and women. 
(6) The members of the Compliance Committee shall be 8 in 
number, of which— 
(a) 4 shall be appointed by the Government on the 
nomination of the Minister, and 
(b)
 4 shall be appointed by the Authority, being 2 o f 
the members, and 2 of the members of staff, o f 
the Authority. 
(7) The Government and the Authority shall, insofar as is 
practicable, endeavour to ensure that among the members of the 
Compliance Committee there is an equal balance between men and women. 
(8)
 The Joint Oireachtas Committee for the purposes o f 
providing advice to the Minister under subsection (2)  may 
establish a panel, for such duration, and consisting of such number of persons as the Join t Oireachtas Committee thinks 
proper. 
(9) Persons placed on a panel established under subsection (8) 
shall have experience of or have  shown capacity in one or more  
 
 
 
 
 
  
   
 
 
  
  
  
   
 
 
  
  
  
  
 
 
 
 
 
 
 
  
 
  Criteria for membership. of the areas stated in section 9 (1)  and shall be chosen with a 
view to representing the public interest in respect o f 
broadcasting matters. 
(10) The Joint Oireachtas Com mittee shall, insofar as is 
practicable, endeavour to ensure that among the persons placed 
on a panel under subsection (8)  there is an equal balance 
between men and women. 
(11) The Joint Oireachtas Committee shall have sole 
responsibility for the selection and placing of candidates on a panel established under subsection (8) . 
9.— (1) A person shall not be appointed by the Government 
to be a member of the Authority or a statutory committee unless he or she has had experience of  or shown capacity in one or 
more of the following areas— 
(a) media affairs, 
(b) public service broadcasting, commercial 
broadcasting or community broadcasting, 
(c) broadcast cont ent production, 
(d) digital media technologies, 
(e) trade union affairs, 
(f) business or commercial affairs, 
(g) matters pertaining to the development of the Irish 
language, 
(h) matters pertaining to disability, 
(i) arts, music, sport or culture, 
(j) science, technology or environmental matters, 
(k) legal or regulatory affairs, and 
(l) social, educational or community affairs or 
Gaeltacht affairs. 
(2) Each member of the Authority and a statutory committee 
shall be appointed for a period not exceeding 5 years and shall 
represent the public interest in respect of broadcasting matters. 
(3)
 The Government and the Au thority in setting a term o f 
appointment under subsection (2)  shall consider the need for 
continuity of membership of the Authority a nd a statutory  
  
 
 
 
 
 
 
 
 
 
   
 
 
 
  
 
 
 
  
 
 
 
 committee. 
(4) A member of the Authority or a statutory committee 
whose term of office expires by th e effluxion of time is eligible 
for re-appointment. 
(5) A member of the Authority or a statutory committee shall 
not serve more than 2 consecutive terms of office. 
(6) A member of the Authority or a statutory committee 
appointed by the Government may at any time resign his or her 
office by letter addressed to the Government and the resignation 
shall take effect on the date sp ecified therein or upon receipt o f 
the letter by the Government, whichever is the later. 
(7) A member of the Authority or a member of staff of the 
Authority who is appointed by the Authority to serve on a 
statutory committee may at any ti me resign his or her position 
on such committee by letter addressed to the chairperson of the Authority and the resignation sh all take effect on the date 
specified therein or upon receipt of  the letter by the chairperson 
of the Authority, whichever is the later. 
Terms and removal. 10.— (1) There shall be paid to the members of the Authority 
and a statutory committee appointed by the Government, out o f 
money at the disposal of the Authority such remuneration (i f 
any) as the Minister, with the consent of the Minister for Finance, from time to time determines. 
(2) There shall be paid to the members of the Authority and a 
statutory committee, out of money at the disposal of the Authority, such allowances for expenses incurred by them in the 
performance of their functions as  the Minister, with the consent 
of the Minister for Finance, from time to time determines. 
(3) Subject to this Part, a member of the Authority or a 
statutory committee shall hold offi ce on such terms (other than 
the payment of remuneration and allowances for expenses) as 
the Minister determines at the time of his or her appointment. 
(4)
 The Minister shall cause a statement in writing specifying 
the expertise or experience, te rms of office and remuneration o f 
the members of the Authority and a statutory committee to be laid before both Houses of th e Oireachtas and published in the 
Iris Oifigiúil . 
(5) A member of the Authorit y or a statutory committee may 
at any time be removed from membership of the Authority or the statutory committee, as the case may be, by the Government if,  
 
 
 
   
 
 
 
 
  
 
 
 
 
  
 
 
 
  
 
 
 
 
  
 
 
 
 in the Government’s opinion, the member has become incapable through ill-health of performing his or her functions, or has committed stated misbehaviour, or his or her removal appears to the Government to be necessary for the effective performance by 
the Authority or the statutory co mmittee, as the case may be, o
f 
its functions, and only if, resolu tions are passed by each House 
of the Oireachtas calling for his or her removal. 
(6) A member of the Authority or a statutory committee shall 
cease to be and shall be disqualified from being a member of the Authority, or the statutory committee where such member— 
(a) is adjudicated a bankrupt, 
(b) makes a composition or arrangement with 
creditors, 
(c)
 on conviction on indictment by a court o f 
competent jurisdiction is sentenced to a term o f 
imprisonment, 
(d) is convicted of an o ffence involving fraud or 
dishonesty, or 
(e) is disqualified or restrict ed from being a director o f 
any company. 
(7) A member of staff of the Authority who is appointed by 
the Authority to serve on a statutory committee shall cease to be a member of the committee on the cessation of his or her contract of service with the Authority. 
(8) Where a member of the Authority or a statutory committee 
fails— 
(a) for a consecutive period of 6 months, to attend a 
meeting of the Authority or the statutory committee, as the case may be, unless the member demonstrates to the Minister’s satisfaction that the failure to attend was due to illness, 
(b) to comply with the requirements of section 21  , or 
(c) to make a declaration in accordance with the 
requirements of section 17 of the Ethics in Public Office Act 1995 , 
the Minister may, with the c onsent of the Government, by 
order remove the member from membership of the Authority or  
  
 
 
 
 
 
 
 
 
 
 
  
 
 
 
 
 the statutory committee, as the case may be. 
(9) (a) An order made under subsection (8)  shall be 
laid before each House of the Oireachtas as soon 
as practicable after it is made. 
(b) Either House of the Oireachtas may, within 21 
sitting days after the da y on which an order was 
laid before it in accordance with paragraph (a) , 
pass a resolution annulling the order. 
(c) The annulment under paragraph (b)  of an order 
takes effect immediately on the passing of the resolution concerned, but doe s not affect anything 
that was done under the order before the passing of the resolution. 
(10)
 If a member (other than a member referred to in 
subsection (11) ) of the Authority, or a statutory committee 
appointed by the Government on the nomination of the Minister 
dies, resigns, becomes disqualified or is removed from office or for any other reason ceases to be a member of the Authority, or 
the statutory committee, as the case may be, the Government on the nomination of the Minister, may appoint a person to be a 
member of the Authority or a statutory committee to fill the casual vacancy so occasioned and the person so appointed shall 
be appointed for the unexpired period  of the term of membership 
of, and in the same manner as, the member of the Authority or 
the statutory committee, as the case may be, appointed by the Government on the nomination of the Minister who occasioned 
the casual vacancy. 
(11) If a member of the Authority appointed by the 
Government on the nomination of the Minister under paragraph 
(b) of section 8 (1) , dies, resigns, becomes disqualified or is 
removed from office or for any other reason ceases to be a member of the Authority, the Government on the nomination o
f 
the Minister, the Minister having regard to the advice of the 
Joint Oireachtas Committee, may appoint a person to be a member of the Authority to fill th e casual vacancy so occasioned 
and the person so appointed shall be appointed for the unexpired 
period of the term of membership  of, and in the same manner as, 
the member of the Authority a ppointed by the Government on 
the nomination of the Minister under paragraph (b)  of section 8 
(1) who occasioned the casual vacancy. 
(12) If a member of a statutory committee appointed by the 
Authority dies, resigns, becomes di squalified or is removed from  
 
  
  
 
  
 
 
 
 
  
 
 
 
  
 
 
 
 
 
 
  
 
 Chairperson of Authority or 
statutory committee. 
Exclusions from 
membership of Authority or statutory committee. office or for any other reason c eases to be a member of the 
committee, the Authority may appoint one of its members or a member of staff of the Author ity to be a member of the 
committee to fill the casual vacancy so occasioned and the person so appointed shall be appointed for the unexpired period of the term of membership of, and in the same manner as, the 
member of the committee appo inted by the Authority who 
occasioned the casual vacancy. 
11.— (1) The Government shall from time to time as occasion 
requires appoint, on the no mination of the Minister— 
(a)
 a member of the Authority to be the chairperson o f 
it, 
(b) a member of the Contract Awards Committee 
appointed by the Government under section 8 (4) (a) to be chairperson of it, and 
(c) a member of the Compliance Committee appointed 
by the Government under section 8 (6) (a)  to be 
chairperson of it. 
(2) A chairperson shall, unless he or she sooner dies, resigns 
the office of chairperson or ceases to be chairperson under subsection (4) , hold office until the expiration of his or her 
period of office as a member of  the Authority or statutory 
committee, as the case may be. 
(3) A chairperson may at any time resign his or her office as 
chairperson by letter sent to the Government and the resignation 
shall, unless it is previously withdrawn in writing, take effect at 
the commencement of the meeting of the Authority or statutory 
committee, as the case may be, held next after the body has been informed by the Governme nt of the resignation. 
(4)
 Where a chairperson ceases during his or her term o f 
office as chairperson to be a member of the Authority or statutory committee, as the case may be, he or she shall also cease to be chairperson of the body. 
(5) In this section “ chairperson ” means chairperson of the 
Authority or a statutory comm ittee, as the case may be. 
12.— (1) Where a member of th e Authority or a statutory 
committee is nominated as a can didate for election to the 
European Parliament, or to either  House of the Oireachtas, he or 
she shall thereupon stand suspen ded from membership of the 
Authority or the statutory committee, as the case may be, and  
  
 
  
 
 
 
  
 
 
 
 
  
 
  
 
  
 
  
 
 
  
 shall not be entitled to participate in meetings of the Authority or 
the statutory committee or rece ive from the Authority any 
remuneration or allowances in respect of the period commencing 
on such nomination and ending when such person is so regarded as not having been elected as the case may be. 
(2) Where a member of the Authority or a statutory committee 
is— 
(a) nominated as a member of Seanad Éireann, 
(b) elected as a member of either House of the 
Oireachtas or the European Parliament, or 
(c) regarded pursuant to Part XIII of the Second 
Schedule to the European Parliament Elections Act 1997 as having been elected to that Parliament to fill a vacancy, 
he or she shall thereupon ceas e to be a member of the 
Authority or the statutory committee, as the case may be. 
(3) Where the person who is the chief executive officer or a 
member of the staff of the Authority is— 
(a) nominated as a member of Seanad Éireann, 
(b) nominated as a candidate  for election to either 
House of the Oireachtas or the European Parliament, or 
(c) regarded pursuant to Part XIII of the Second 
Schedule to the European Parliament Elections Act 1997 as having been elected to that Parliament to fill a vacancy, 
he or she shall thereupon sta nd seconded from employment by 
the Authority and shall not be pa id by, or be entitled to receive 
from, the Authority any remuneratio n or allowances in respect o f 
the period commencing on such nom ination or election, or when 
he or she is so regarded as ha ving been elected as the case may 
be, and ending when such person ceases to be a member o f 
either such House or that Parliament. 
(4) A person who is for the time being entitled under the 
Standing Orders of either House of the Oireachtas to sit therein 
or who is a member of the Europ ean Parliament, shall, while so 
entitled or such a member, be  disqualified from becoming a 
member of the Authority or a statutory committee or the chie f 
executive officer or a member of the staff of the Authority.  
 
 
 
 
 
 
 
 
  
 
 
  
 
  
 
 
 
 
 
 
 
   
 
  
 
  
 Meetings of Authority or 
statutory committee. (5) Without prejudice to  the generality of subsection (3) , that 
subsection shall be read as prohibiting, inter alia , the reckoning 
of a period mentioned in that su bsection as service with the 
Authority for the purposes of  any superannuation benefits. 
(6) A person who holds employment or an interest in a 
broadcasting undertaking, including but not limited to a public 
service broadcaster, or an unde rtaking holding a contract under 
this Act shall be disqualified from becoming or ceases to be a 
member of the Authority or a statutory committee. 
(7) A person who holds an interest in an undertaking which 
publishes a newspaper in the Stat e shall be disqualified from 
becoming or ceases to be a me mber of the Authority or a 
statutory committee. 
(8) A person who holds membership of the Contract Awards 
Committee shall be disqualified from becoming or ceases to be a member of the Compliance Committee. 
(9) A person who holds membership of the Compliance 
Committee shall be disqualified from becoming or ceases to be a member of the Contract Awards Committee. 
13.— (1) The Authority and a statutory committee shall hold 
such and so many meetings as may be necessary for the due 
performance of their functions. 
(2) The Minister may fix the date , time and place of the first 
meeting of the Authority and a statutory committee. 
(3) Subject to this Part, th e Authority an d a statutory 
committee shall regulate their pr ocedure and practice by rules 
made under this section. 
(4) Any rules made under this se ction shall be published on a 
website on the Internet to be maintained by the Authority. 
(5) At a meeting of the Authority or a statutory committee— 
(a) the chairperson of the Authority or the committee, 
as the case may be, shall, if present, be chairperson of the meeting, and 
(b)
 if and so long as the chai rperson is not present or 
the office of chairperson is vacant, the mem bers 
of the Authority or the committee, as the case may be, who are present sh all choose one  of their 
number to be the chairperson of the meeting.  
 
  
 
 
 
 
 
 
 
  
 
 
 
 
 
 
 
 
 
 
  
 
  Chief executive officer of 
Authority. (6) At a meeting of the Authority or a statutory committee, 
each member of the Authority or the committee, as the case may 
be, present, including the chairperson, shall have a vote and any 
question on which a vote is required in order to establish the 
Authority’s or committee’s view shall be determined by a majority of the votes of the members of the Authority or 
statutory committee, as the case may be, present when the vote is called and voting on the question and, in the case of an equal division of votes, the chairperson of the meeting shall have a second and casting vote. 
(7) The quorum for a meeting of  the Authority shall be 5. 
(8) The quorum for a meeti ng of the Contract Awards 
Committee shall be 5 of which 2 shall be members appointed by 
the Government under section 8 (4) (a) . 
(9) The quorum for a meeting of the Compliance Committee 
shall be 5 of which 2 shall be members appoi nted by the 
Government under section 8 (6) (a) . 
(10) The Authority or a st atutory committee may act 
notwithstanding one or more vacancies among its members. 
(11) Subject to any rule made under subsection (3) , meetings 
of the Authority or a statutory committee shall be capable o f 
being held by telephone or ot her suitable electronic means 
whereby all the members of the Authority or the relevant statutory committee can hear and be heard. 
14.— (1) There shall be a chie f executive officer of the 
Authority (“ chief executive”). 
(2) The chief executive shall perform his or her functions 
subject to such policies as may be determined from time to time by the Authority and shall be accountable to the Authority for the efficient and effective management of the administration o
f 
the Authority, Contract Awa rds Committee and Compliance 
Committee and for the due performance of his or her functions. 
(3) The chief executive may delega te his or her functions to a 
member of staff of the Authorit y, subject to such  conditions as 
the chief executive considers appropriate, unless they are delegated to the chief executive su bject to the condition that they 
shall not be sub-delegated, and the member of staff concerned 
shall be accountable to the chie f executive for the performance 
of the functions so delegated to him or her. 
(4) Notwithstanding any delegation under subsection (3)  the  
  
 
 
 
 
 
 
 
  
 
 
 
 
 
  
 
  
 
 
 
  chief executive shall at all tim es remain accountable to the 
Authority for the performance of  the functions so delegated. 
(5) The chief executive of the Authority shall hold office for 
such period and on such terms and conditions (including terms and conditions relating to remuneration and allowances for expenses) as may be determined by the Authority, with the consent of the Minister and the Minister for Finance. 
(6) The chief executive shall be appointed, by means of a 
public competition, by the Author ity with the consent of the 
Minister. 
(7) The Minister may appoint the chief executive of the BCI 
to be the interim chief executive of the Authority. 
(8)
 Subject to subsection (10) , the interim chief executive o f 
the Authority shall hold office for such period (which period 
shall not in any case exceed one year after the establishment o f 
the Authority) and on such terms and conditions (including 
terms and conditions relating to remuneration and allowances for 
expenses) as may be determined by the Minister. 
(9) Where an interim chief executive appointed under 
subsection (7)  ceases to hold office for any reason (other than 
under subsection (10) ) before the expiration of the period of his 
or her appointment, the Minister  may appoint a person who shall 
be known as the interim chief executive who shall hold office 
for such period (which period shall not in any case exceed the remainder of the term of office of the person who occasioned the vacancy he or she is appointed to fill) and on such terms and 
conditions (including terms and conditions relating to remuneration and allowances for expenses) as may be determined by the Minister. 
(10) When a chief executive is appointed under subsection (6) 
or (12) the interim chief executive of the Authority shall cease to 
hold office. 
(11) Until the appointment to the Authority of a chie f 
executive under subsection (6)  or (12) , the interim chie f 
executive of the Authority shall pe rform all of the functions of a 
chief executive under this Act. 
(12) Notwithstanding subsection (6)  the Authority may with 
the consent of the Minister a ppoint, without selection by means 
of a public competition, a person who immediately before the establishment day, was chief executive of the BCI, to be the first chief executive of the Authority.  
 
 
  
 
 
 
 
 
 
   
 
 
 
 
 
 
 
  
 
  
 
 
 
 
 
 
 (13) The chief executive shall not hold any other office or 
employment or carry on any other business with out the consent 
of the Authority. 
(14) The chief executive shall furnish the Authority with such 
information (including financial information) in relation to the 
performance of his or her functi ons as the Authority may from 
time to time require. 
(15) The functions of the chief executive may be performed in 
his or her absence or when the position of chief executive is 
vacant by such member of the staff of the Authority as may, 
from time to time, be designated for that purpose by the Authority. 
(16) The chief executive may be removed from office by the 
Authority with the consent of the Minister for stated reasons. 
Staff. 15.— (1) The Authority shall, as well as appointing the chie f 
executive, appoint such and so  many other persons to be 
members of the staff of the Authority as the Authority from time to time thinks proper, subject to the prior consent of the Minister and the Minister for Finance. 
(2) A person shall not be appointed under this section to be a 
member of the staff of the Aut hority unless he or she has been 
selected by means of a public competition. 
(3) The requirement under subsection (2)  of being selected by 
means of a public competition does not apply in relation to: 
(a) a person who, immediately before the 
establishment day, was a member of staff of the 
BCI, 
(b) an appointment consisting of the promotion of a 
person who is already a me mber of staff of the 
Authority, 
(c) an office for which, in th e opinion of the Authority, 
specialised qualifications  not commonly held are 
required, or 
(d) an office to which appointments are made for 
limited periods only, being periods not exceeding 
2 years. 
(4) A member of staff of the Authority shall hold his or her 
office or employment on such terms and conditions as the  
 
  
 
 
 
 
  
 
 
  
 
 
 
  
 Authority from time to time determines, subject to the consent o f 
the Minister and the Minister for Finance. 
(5) The Authority may perform any of its functi ons through or 
by any of its members of staff duly authorised by the Authority 
in that behalf. 
(6) The Authority shall accept into its employment, on the 
establishment day in accordance with this section, every person 
who immediately before the esta blishment day is a member o f 
staff of the BCI. 
(7) Save in accordance with a collective agreement negotiated 
with any recognised trade union or  staff association concerned, a 
member of staff of the BCI who is transferred on the 
establishment day to the Authority shall not, while in the service of the Authority, receive a lesser scale of pay or be subject to 
less beneficial conditions of se rvice than the scale of pay to 
which he or she was entitled and the conditions of service to which he or she was subjec t immediately before the 
establishment day. 
(8)
 Until such time as the scales of pay and conditions o f 
service of members of staff so transferred are varied by the Authority, following consultation with recognised trade unions 
or staff associations, the scales  of pay to which they were 
entitled and the conditions of serv ice, restrictions, requirements 
and obligations to which they were subject before their transfer shall continue to apply to them and may be exercised or imposed 
by the Authority or the chief executive, of the Authority as the 
case may be, while they are in its service. As provided in subsection (7) , no such variation shall operate to worsen the 
scales of pay and conditions of  service applicable to such 
members of staff immediately befo re the establishment day, save 
in accordance with a collective agreement negotiated with any 
recognised trade union or st aff association concerned. 
(9) The conditions in regard to tenure of office which are 
granted by the Authority in rela tion to a member of staff so 
transferred shall not, while he or she is in the service of the Authority, be less favourable to him or her than those prevailing 
on establishment day in the BCI. Any alteration in the conditions 
in regard to tenure of office of any such member shall not be less 
favourable to him or her than the prevailing conditions in the BCI at the time of such alterati on, save in accordance with a 
collective agreement negotiated with any recognised trade union or staff association concerned. If  a dispute arises between the 
Authority and any such member of staff as to conditions   
  
 
 
 
  
 
  
 
  
 
 
 
 
  
 
 
 
 
 
 
 
  
 
 
 prevailing in the BCI on the establishment day, the matter shall be determined by the Minister for Finance. 
Superannuation. 16.— (1) As soon as may be after the establishment day, the 
Authority, with the consent of the Minister and the consent o f 
the Minister for Finance, shall make a scheme or schemes for the granting of superannuation benef its to or in respect of the 
members of staff, including the chief executive, of the Authority. 
(2) A superannuation scheme sha ll fix the time and conditions 
of retirement of all persons t o  o r  i n  r e s p e c t  o f  w h o m 
superannuation benefits are pa yable under the scheme or 
schemes and different times and conditions may be fixed in respect of different classes of persons. 
(3) The Authority may, with the consent of the Minister and 
the consent of the Minister for Finance, make a scheme amending or revoking a superannuation scheme including a scheme under this subsection. 
(4) A superannuation scheme submitted by the Authority 
shall, if approved by the Minist er with the consent of the 
Minister for Finance, be car ried out by the Authority in 
accordance with its terms. 
(5) Each superannuation scheme shall include a provision for 
appeals from a decision relatin g to a superannuation benefit 
under the scheme. 
(6)
 No superannuation benefits shall be granted by the 
Authority to or in respect of a person on ceasing to be chie f 
executive or a member of the st aff of the Authority otherwise 
than— 
(a) in accordance with a superannuation scheme or 
schemes, or 
(b) with the consent of the Minister and the Minister 
for Finance. 
(7) Every superannuation scheme shall provide for not less 
favourable conditions in respect  of persons who, immediately 
before establishment day, were members of staff of the BCI than those to which they were entitled immediately before establishment day. 
(8) Disbursement of superannua tion benefits which may be 
granted to or in respect of persons who, immediately before the establishment day, were members of  staff of the BCI shall not be  
  
 
 
  
 
  
 
 
  
 
  
 
 
 
 
  Advisory committees. on less favourable conditions than  would apply if the benefits 
referred to had continued to be paid out of monies provided by 
the BCI. 
(9) Where a superannuation benefit falls due for payment to or 
in respect of a person to whom subsection (7)  applies in the 
period beginning on the establishment day and ending 
immediately before the coming into operation of a scheme submitted by the Authority and approved of under this section, the allowance shall be calculate d and paid by the Authority in 
accordance with such superannuation arrangements or such enactments in relation to supera nnuation, as applied to such 
person immediately before the establishment day and, for that purpose, his or her pe nsionable service with  the Authority shall 
be aggregated with his or her previous pensionable service. 
(10) ( a) A superannuation scheme shall be laid before 
each House of the Oireachtas by the Minister as soon as may be after it is made. 
(b) Either House of the Oireachtas may, by resolution 
passed within 21 sitting days after the day on which a scheme was laid before it in accordance with paragraph (a) , annul the scheme. 
(c) The annulment of a scheme under paragraph (b) 
takes effect immediately on the passing of the resolution concerned but does not affect anything 
that was done under the scheme before the passing of the resolution. 
17.— (1) The Authority may estab lish advisory committees to 
advise and assist it or a statut ory committee in the performance 
of its functions. 
(2)
 Where advisory committees include members other than 
members of the Authority or a statutory committee or staff of the Authority, such members may be paid such remuneration (i
f 
any) and allowances for expens es as the Authority considers 
reasonable, subject to the consent of the Minister and the Minister for Finance. 
(3) The Authority may regulate the procedure of its advisory 
committees, but subject to such regulation, an advisory committee may regulate its own procedure. 
(4)
 The Authority or a stat utory committee and the chie f 
executive shall have regard to, but shall not be bound by, the advice of any advisory co mmittee under this section.   
 
  
 
 
 
 
  
 
 
 
 
 
 
 
  
 
 
 
 
 
 
 Consultants and advisers. 
Accountability of chief 
executive to Committee of 
Public Accounts. 18.— (1) The Authority may from time to time engage such 
consultants or advisers as it or a statutory committee may consider necessary for the performance of the functions of the Authority or a statutory committee, and any fees due to a consultant or adviser engaged unde r this section shall be paid by 
the Authority out of monies at its disposal. 
(2)
 The Authority or a statutory committee and the chie f 
executive shall have regard to, but shall not be bound by, the advice of any consultant or adviser under th is section. 
19.— (1) The chief executive shall, whenever he or she is 
required to do so by a Committ ee of Dáil Éirea nn established 
under the Standing Orders of Dáil  Éireann to examine and report 
to Dáil Éireann on the appropria tion accounts and the reports o f 
the Comptroller and Auditor General, give evidence to that Committee on— 
(a) the regularity and propriety of the transactions 
recorded or required to be recorded in any book 
or other record of account subject to audit by the Comptroller and Auditor General which the Authority is required by or under statute to 
prepare, 
(b) the economy and efficiency of the Authority in the 
use of its resources, 
(c) the systems, procedures and practices employed by 
the Authority for the purpose of evaluating the effectiveness of its operations, 
(d) any matter affecting the Authority referred to in a 
special report of the Comptroller and Auditor 
General under section 11 (2) of the Comptroller and Auditor General (Amendment) Act 1993 or in any other report of the Comptroller and Auditor General (in so far as it relates to a matter specified in paragraph (a) , (b) or (c) ) that is laid 
before Dáil Éireann, and 
(e) all matters pert aining to the expenditure by the 
Authority of monies received under section 34  . 
(2) The chief executive, if required under subsection (1)  to 
give evidence, shall not question or express an opinion on the 
merits of any policy of the Government or a Minister of the Government or on the merits of the objectives of such a policy.  
 
  
 
 
  
 
 
  
 
  
 
  
 
 
 
 
  
 
  
 
 
  Accountability of chief 
executive and chairpersons 
of Authority and statutory 
committees to other Oireachtas Committees. 20.— (1) In this section “ Committee ” means a Committee 
appointed by either House of the Oireachtas or jointly by both Houses of the Oireachtas (other than the Committee on Members’ Interests of Dáil Éireann or the Committee on Members’ Interests of Seanad Éireann) or a subcommittee o
f 
such a Committee. 
(2) Subject to subsection (4) , the chief executive shall, at the 
request in writing of a Committee, attend before it to give 
account for the general administ ration of the Authority and a 
statutory committee. 
(3) Subject to subsection (4) , the chairperson of the Authority 
or a statutory committee shall at the request in writing of a Committee, attend before it to represent the views of the Authority or a statutory committee. 
(4) The chief executive or chairperson shall not be required to 
give account before, or represent the views of the Authority or a 
statutory committee to, a Committee for any matter which is or has been or may at a future tim e be the subject of proceedings 
before a court or tribunal in the State. 
(5) Where the chief executive or chairperson is of the opinion 
that a matter in respect of which the chief executive or chairperson is requested to give an account before, or represent 
the views of the Authority or a statutory committee to, a Committee is a matter to which subsection (4)  applies, he or she 
shall inform the Committee of that opinion and the reasons for the opinion and, unless the information is conveyed to the 
Committee at a time when the chief executive or chairperson is 
before it, the information shall be so conveyed in writing. 
(6) Where the chief executive or chairperson has informed a 
Committee of his or her opinion in accordance with subsection 
(5) and the Committee does not withdr aw the request referred to 
in subsection (2)  or subsection (3)  in so far as it relates to a 
matter the subject of that opinion— 
(a) the chief executive or chairperson may, not later 
than 21 days after being informed by the Committee of its decision not  to do so, apply to 
the High Court in a summary manner for determination of the question whether the matter is one to which subsection (4)  applies, or 
(b)
 the chairperson of the Committee may, on behal f 
of the Committee, make such an application,   
 
  
 
  
 
 
 
  
 
 
 
  
 
  
 
 
 
 
 
 
  
 
 
 
  Disclosure by members of 
Authority and statutory 
committee of certain interests. and the High Court may determine the matter. 
(7) Pending the determination of an application under 
subsection (6) , the chief executive or chairperson shall not attend 
before the Committee to give account for or represent the views 
of the Authority or a statutory committee in respect of the matter 
the subject of the application. 
(8) If the High Court determines  that the matter concerned is 
one to which subsection (4)  applies, the Committee shall 
withdraw the request referred to in subsection (2)  or subsection 
(3), but if the High Court determines that subsection (4)  does not 
apply, the chief executive or chairperson shall attend before the Committee to give account for or  represent the views of the 
Authority or a statutory committee in respect of the matter. 
21.— (1) A member of the Authority or a statutory committee 
who has— 
(a) any interest in any body or concern with which the 
Authority has made a contract or proposes to make a contract, or 
(b) any interest in any cont ract which the Authority 
has made or proposes to make, 
shall disclose to the Authority or the committee the fact o f 
such interest and the nature of it and shall not be  present at any 
deliberation or decision of the Authority or the committee relating to the contract. 
(2) Where at a meeting of the Authority or a statutory 
committee, any of the following matters arise, namely— 
(a) an arrangement to which the Authority or the 
committee is a party or a proposed such arrangement, or 
(b) a contract or other agreem ent with the Authority or 
a proposed such contract or other agreement, 
then, any member of the Authority or a statutory committee 
present at the meeting who otherwise than in his or her capacity as such a member has an interest in the matter shall— 
(i) at the	  meeting disclose to the Authority or the 
committee the fact of such interest and the nature of it,  
 
 
 
  
 
  
   
 
  
 
  
 
 
 
 
   
  
 
   Disclosure by staff of 
Authority of certain interests. (ii) neither influence nor seek to influence a decision 
to be made in relation to the matter, 
(iii) absent himself or hersel f from the meeting or that 
part of the meeting dur ing which the matter is 
discussed, 
(iv) take no part in any delib eration of the Authority or 
the committee relating to the matter, and 
(v) not vote on a decision  relating to the matter. 
(3) Where an interest is disclosed under this section, the 
disclosure shall be recorded in the minutes of the meeting 
concerned and, for so long as the matter to which the disclosure 
relates is being considered or  discussed by the meeting, the 
member by whom the disclosure is made shall not be counted in the quorum for the meeting. 
(4)
 Where at a meeting of the Authority or a statutory 
committee a question arises as to whether or not a course o f 
conduct, if pursued by a member of  the Authority, or a statutory 
committee of the Authority, would constitute a failure by him or her to comply with the requirements of subsections (1)  or (2) , 
the question may be determined by the Authority or the committee, whose decision shall be final, and where such a question is so determined, particulars of the determination shall be recorded in the minutes of the meeting. 
(5) For the purposes of this section and section 22  a person 
shall not be regarded as having an interest in any matter by reason only of an interest of th at person, or of any company in 
which he or she has an interest, which is so remote or insignificant that it cannot reasonably be regarded as likely to influence a person in considering, discussing or in voting on, any question relating to the matter, or  in performing any function in 
relation to that matter. 
22.— (1) Where a member of the staff of the Authority or a 
consultant or adviser engaged under section 18  , in a category 
specified before engagement by the Authority, has an interest, 
otherwise than in his or her capaci ty as such, in any contract, or 
any proposed contract to which the Authority is or is proposed to 
be a party, or in any agreemen t or arrangement or proposed 
agreement or arrangement to whic h the Authority or a statutory 
committee is or is proposed to be a party, that person— 
(a) shall disclose to the Authority his or her interest  
 
 
 
 
 
 
 
 
 
 
 
 
  
 
 
  
  
 
 
  
 
  
   and the nature of it, 
(b) shall take no part in the negotiation of the contract, 
agreement or arrangement or in any deliberation 
by members of the Authority or the committee or 
members of the staff of the Authority in relation 
to it, 
(c) shall not influence or seek  to influence a decision 
to be made in the matter, and 
(d) shall not make any recommendation in relation to 
the contract, agreement or arrangement. 
(2) Subsection (1)  does not apply to a person as regards a 
contract or proposed contract of employment of that person as a member of the staff of the Authority. 
(3) Subsection (1)  does not apply to a person as regards a 
contract or proposed contract fo r services in respect of that 
person. 
(4)
 In this section “member of staff” includes the chie f 
executive officer. 
(5) Where a person to whom subsection (1)  applies fails to 
comply with a requirement of th is section, the Authority shall 
decide the appropriate action (i ncluding removal from office or 
termination of contract) to be taken. 
Code of conduct. 23.— (1) The Authority shall, as soon as may be, draw up and 
adopt a code of conduct in respect  of controls on interests and 
ethical behaviour to apply to each member of the Authority, a 
statutory committee, an advisory committee and each member o f 
the staff of the Authority. 
(2) The Authority shall, as s oon as may be, draw up a code o f 
conduct in respect of controls on interests and ethical behaviour 
to apply to such categories of contractors for services as the Authority may specify before engagement. 
(3) The Authority shall publish on a website maintained by 
the Authority any code of conduct drawn up under subsections 
(1) and (2). 
Independence. 24.— Subject to this Act, the Authority and each statutory 
committee shall be independent in the performance of their functions.   
 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
  
 
  
 
 
 
 
 
  Objectives of Authority. 25.— (1) The Authority and th e statutory committees, in 
performing their functions, shall endeavour to ensure— 
(a) that the number and categories of broadcasting 
services made available in the State by virtue o f 
this Act 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, 
(b) that the democratic va lues enshrined in the 
Constitution, especially those relating to rightful liberty of expression, are upheld, and 
(c) the provision of open a nd pluralistic broadcasting 
services. 
(2) Without prejudice to the generality of subsection (1) , the 
Authority, and the statutory committees, shall— 
(a) stimulate the provision of high quality, diverse and 
innovative programming by commercial, community and public service broadcasters and independent producers, 
(b) facilitate public service broadcasters in the 
fulfilment of their public service objects as set out in this Act, 
(c) promote diversity in contro l of the more influential 
commercial and community broadcasting services, 
(d) provide a regulatory envir onment that will sustain 
independent and impartial journalism, 
(e) provide a regulatory envir onment that will sustain 
compliance with applicable employment law, 
(f) protect the interests of children taking into account 
the vulnerability of ch ildren and childhood to 
undue commercial exploitation, 
(g) provide a regulatory e nvironment that will 
facilitate the developm ent of a broadcasting 
sector in Ireland that is  responsive to audience 
needs and in particular is accessible to people with disabilities, and 
(h) promote and stimulate the development of Irish  
 
 
 
 
  
 
  
 
 
 
 
 
 
 
  
 
 
  
 
  
  
  
 
  
 
 
 Functions of Authority. language programming and broadcasting 
services. 
(3) The Authority and the statutory committees, in performing 
their functions, shall seek to ensure that measures taken— 
(a) are proportionate having regard to the objectives 
set out in this section, 
(b) are applied across the range of broadcasting 
services taking account of the degree of influence that the different types of broadcasting services 
are able to exert in shap ing audience views in the 
State, 
(c) are mindful of the objects,  functions and duties set 
for public service broadcasters in Parts 7  and 8, 
(d) will produce regulatory arrangements that are 
stable and predictable, and 
(e) will readily accommodate and encourage 
technological development, and its application, by the broadcasting sector. 
26.— (1) The principal functions of the Authority are to— 
(a)
 prepare a strategy for th e provision of broadcasting 
services in the State additional to those provided 
by RTÉ, TG4, the Houses of the Oireachtas 
Channel and the Irish Film Channel, 
(b) prepare a statement under section 29 (1) , 
(c) liaise and consult w ith the Communications 
Regulator in the preparati on of the allocation plan 
for the frequency range dedicated to sound and television broadcasting, 
(d) make a levy order under section 33 (1) , 
(e) prepare or make broadcasting codes and rules, 
(f)
 prepare a scheme for the exercise of the right o f 
reply, 
(g) direct the Contract Awards Committee to make 
arrangements, in accordance with Parts 6  and 8 , 
to invite, consider and recommend to the Authority, and the Authority shall follow such recommendation, proposals for the provision of—  
 
 
  
 
  
 
 
 
  
 
 
 
  
 
 
 
 
 
 
 
 
 
 
 
 
  
 
  
 
 
 (i) 	broadcasting services additional to any 
broadcasting services provided by RTÉ, 
TG4, the Houses of the Oireachtas Channel 
and the Irish Film Channel under Part 7  , 
and 
(ii) multiplex services additional to any multiplex 
services provided by RTÉ under Parts 7  and 
8, 
(h) prepare rules and enter in to contracts in respect o f 
electronic programme guides, 
(i) determine disputes arising under section 76 (2)  and 
section 77 (5), 
(j) make a report to the Minister under section 77 (15), 
(k) consult with the Minister under sections 101 (3) , 
102 (3) , 103 (4) , 104 (1) , (2) and (3), 106 (3) , 107 
(3), 111 (4) , 112 (2) , (7) and (11) , 116 (5) , 127 
(6), 130 (1)  and 130 (12) , 
(l) prepare and issue guidan ce to RTÉ and TG4 as to 
the fulfilment of their obligations under sections 
109 (11)  and 112 (2) , 
(m) undertake a review under section 124 (2)  and (8) 
and section 128 (3) , 
(n) make a recommendation under section 124 (5)  and 
(12), 
(o) make a request under section 115  , section 130 
(10), section 132 (3)  or section 133 (3)  or (4), 
(p) make a report to the Minister under section 139 (1) 
in respect of preparedness for analogue switch-off, 
(q) provide information to the public on the 
availability of services  by means of television 
multiplexes, and 
(r)
 prepare and implement schemes for the granting o f 
funds under Part 10 . 
(2) The Authority has the following ancillary functions— 
(a) to collect and disseminate information on the 
broadcasting sector in the State,  
 
 
 
 
 
 
 
 
 
 
 
 
 
  
 
 
  
 
 
 
 
 
  
 
 
 
 
 
 (b) to monitor developments in broadcasting 
internationally, 
(c) to initiate, organise, fac ilitate and promote research 
relating to broadcasting matters, 
(d) to collect and disseminate information in relation 
to the skills requirements of the broadcasting sector, 
(e) 
to co-operate with other bodies, including 
representative bodies w ithin the broadcasting 
sector, to promote training activities in areas o f 
skill shortages in the broadcasting sector, 
(f) to co-operate with other bodies outside the State 
which perform similar functions to the Authority, and 
(g) to undertake, encourage and foster research, 
measures and activities which are directed towards the promotion of media literacy, including co-operation with broadcasters, educationalists and other relevant persons. 
(3) In fulfilling its function under subsection (1) (a)  the 
Authority shall consider the needs of community broadcasters in respect of digital broadcasting. 
(4) For the purposes of the in dependent discharge of their 
functions and duties as set out in this Part, the Authority or a statutory committee may enter into agreements with one another. 
(5) The Minister may confer on the Authority by order such 
other additional functions in relati on to broadcasting services as 
he or she may from time to time consider necessary. 
(6) (a) An order made under subsection (5)  shall be 
laid before each House of the Oireachtas as soon as practicable after it is made. 
(b) Either House of the Oireachtas may, within 21 
sitting days after the da y on which an order was 
laid before it in accordance with paragraph (a) , 
pass a resolution annulling the order. 
(c) The annulment under paragraph (b)  of an order 
takes effect immediately on the passing of the resolution concerned, but doe s not affect anything 
that was done under the order before the passing   
 
 
 
 
 
 
  
  
 
 
 
 
 
 
 
  
  
  
  
  
  
  
   
 
 
 
 of the resolution. 
Functions of Contract 
Awards Committee. 
Functions of Compliance 
Committee. 27.— The principal functions of the Contract Awards 
Committee, at the direction of  the Authority, are to make 
arrangements in accordance with Parts 6  and 8, to invite, 
consider and recommend to th e Authority, and the Authority 
shall follow such recommendation, proposals for the provision 
of— 
(a) broadcasting services additional to any 
broadcasting services provided by RTÉ, TG4, the 
Houses of the Oireachtas  Channel and the Irish 
Film Channel under Part 7 ,  and 
(b) multiplex services additional to any multiplex
services provided by RTÉ under Parts 7  and 8. 
28.— (1) The principal func tions of the Compliance 
Committee are to— 
(a) monitor compliance by contractors with the terms 
and conditions of any contract entered into by the Authority on the recommendation of the Contract Awards Committee under this Act, 
(b) enforce the terms and conditions of any contract 
entered into by the recommendation of the Committee under this Act, Authority 
Contract on 
Awthe 
ards 
(c) monitor compliance by— 
(i) broadcasters with sections 39  , 40 and 41 , 
(ii) RTÉ and TG4 with section 106 (3) , and 
(iii) the Irish Film Channel with section 127 (6) , 
(d) enforce compliance by— 
(i) broadcasters with sections 39  , 40 and 41 , 
(ii) RTÉ and TG4 with section 106 (3) , and 
(iii) the Irish Film Channel with section 127 (6), 
(e) monitor compliance by broadcasters with any 
broadcasting code or rule, 
(f) enforce compliance by broadcasters with any 
broadcasting code or rule,  
  
 
 
 
 
 
 
 
 
  
 
 
 
 
 
 
  
 
  
 
 
  
 
 
  (g) investigate and decide upon a complaint made 
under section 48  , and 
(h) investigate and decide  upon a request made under 
section 49  . 
(2) The Compliance Committee has the following additional 
functions— 
(a) at the request of the Minister, to report on 
compliance by a corporation under s ections 108 
(3), 109 (13) , 111 (11) , and 112 (10), 
(b) at the request of the Minister, to report on the 
proportion of the television programme service o f 
a broadcaster which is— 
(i) produced in the State or in another Member 
State, and 
(ii) devoted to origin al programme material 
produced therein by persons other than the 
broadcaster, his or her subsidiary, his or her 
parent or existing broadcasting 
organisations. 
(3) The Compliance Committee may delegate some of its 
functions to a member  of staff of the Authority, who is not a 
member of the Compliance Committee, subject to such conditions as the Compliance Committee considers appropriate and the member of staff concerne d shall be accountable to the 
Compliance Committee for the performance of the functions so delegated to him or her. 
(4) The Compliance Committee may delegate some of its 
functions to a subcommittee of  the Compliance Committee, 
subject to such conditions as the Compliance Committee considers appropriate. 
(5)
 The Compliance Committee shall review on an ongoing 
basis the extent to which the television broadcasts o f 
broadcasters under the jurisdictio n of another Member State 
which are wholly or mainly directed towards audiences in the State comply with broadcasting codes, in particular the codes referred to in section 42 (2) (g)  and (h). 
(6) The Compliance Committee shall each year make a report 
to the Minister in respect of the matters in subsection (5) . 
(7) The Minister shall cause a c opy of the report referred to in  
  
 
 
   
 
 
 
 
 
 
  
 
 
 
 
 
 
  
 
 
 
 
 
 
  
 
 
 
  Strategy statements. 
Policy communications. subsection (6)  to be laid before each House of the Oireachtas. 
29.— (1) The Authority shall draw up and adopt a statement 
of strategy (“ strategy statem ent ”) reflecting the statutory 
functions of the Authority, the Contract Awards Committee and 
the Compliance Committee. 
(2) A strategy statement shall— 
(a) comprise the key objectives, outputs and related 
strategies, including use of resources, 
(b) be prepared in a form and manner in accordance 
with any directions issued from time to time by the Minister, 
(c)
 have regard to the need to ensure the most 
beneficial, effective and efficient use o f 
resources, 
(d) except for the first strategy statement, include a 
review of the efficiency and effectiveness of the statement during the prec eding 3 year period, 
(e) be adopted within 12 m onths of the establishment 
day and every 3 years thereafter, 
(f) consider any policy communication under section 
30 , and 
(g) include the Authority’s plans as to the number, 
nature and scope of cont racts that it proposes to 
enter into on the recommendation of the Contract Awards Committee during the period covered by the statement. 
(3)
 The Authority shall pres ent a copy of the strategy 
statement to the Minister and to such committees of either or 
both Houses of the Oireachtas as the Minister may, from time to 
time, direct. 
(4) The Authority shall consult with the members of the 
Contract Awards Committee and the Compliance Committee in drawing up a strategy statement under subsection (1) . 
(5) Prior to the adoption of a strategy statement and its 
presentation to the Minister, the Authority shall undertake a 
public consultation process on a dr aft of the stra tegy statement. 
30.— (1) In the interests of the proper and effective regulation  
 
  
 
  
 
 
 
 
 
  
 
 
  
 
 
 
 
 
  
 
 
 of the broadcasting sector a nd the formulation of policy 
applicable to such proper and effective regulation, the Minister 
may issue such policy communications to the Authority as he or she considers appropriate to be followed by the Authority in the performance of its functions. Th e Authority in performing its 
functions, shall have regard to any such communications. 
(2) Before issuing a communicati on, the Minister shall give to 
the Authority and publish a draft of the proposed communication and— 
(a) give the reasons for it, and 
(b) specify the period (being not less than 21 days 
from the date of giving it to the Authority or such 
publication, whichever is the later) within which 
representations relating to  the proposal may be 
made by interested parties. 
(3) The Minister, having consid ered any representations made 
under subsection (2) , may issue the communication with or 
without amendment. 
(4) Where the Minister proposes  to prepare a communication 
which, in the opinion of the Minister, has or may relate to the functions of another Minister of  the Government, the Minister 
shall not issue to the Authority or  publish a draft of the proposal 
under subsection (2)  without prior consulta tion with that other 
Minister of the Government. 
(5)
 The Minister shall not issue a communication in respect o f 
the performance of the functions of the Authority in respect o f 
individual undertak ings or persons. 
(6) The Minister shall not issue a communication under 
subsection (1)  in respect of the perfor mance of the functions o f 
the Contract Awards Committee or the Compliance Committee. 
(7) A communication shall be laid before each House of the 
Oireachtas by the Minister as soon as may be after it is made. 
(8) In this section “ communication ” means a policy 
communication under this section. 
Powers. 31.— (1) The Authority and a statutory committee shall have 
all the powers necessary, incidental or conducive to their functions. 
(2) Without prejudice to the generality of subsection (1) , the 
Authority shall have power necessary, incidental or conducive to   
 
 
 
 
 
 
 
 
  
 
 
  
 
 
  
 
 
 
 
 
 
 
 
  Duties of Authority and 
statutory committees. its functions— 
(a) to make contracts, agreements and arrangements, 
(b) to require contractors to  enter into financial bonds 
with the Authority on the recommendation of the 
Contract Awards Committee, 
(c) to acquire and make use of copyrights,  patents, 
licences, privileges and concessions, 
(d) to compile, prepare, publis h and distribute, with or 
without charge, printed, audio and audio-visual 
material, 
(e) subject to the consent of  the Minister, to arrange 
for the provision of broadcasting and related services for and on behalf of any Minister of the Government, and 
(f) to undertake, sponsor or commission research. 
(3) The Authority may invest any of its funds in any manner 
in which a trustee is empowere d by law to invest trust funds. 
32.— (1) In this section “ commercially sensitive 
information ” means— 
(a) 
financial, commercial, technical or other 
information whose disclosure could reasonably 
be expected to result in a material financial loss 
or gain to the party to which it relates, or could prejudice the competitive position of that party in the conduct of its business, or 
(b) information whose disclo sure could prejudice the 
conduct or outcome of contractual or other negotiations of the party to which it relates. 
(2) It is the duty of the Authority  to so conduct its affairs as to 
secure that its revenue beco mes as soon as possible, and 
thereafter continues to be, at leas t sufficient to meet its expenses. 
(3) The Authority and its stat utory committees shall have a 
duty to keep the performance of their functions under review with a view to securing that regulation by the Authority and its 
statutory committees does not involve— 
(a) the imposition of administrative burdens which are 
unnecessary, or  
 
 
  
 
 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
  
 
  
  (b) the maintenance of administrative burdens which 
have become unnecessary. 
(4) In reviewing its duty under subsection (3)  the Authority 
and its statutory committees shall, from time to time, publish a 
statement setting out how they propose, during the period for 
which the statement is made, to ensure that re gulation by the 
Authority and the statutory co mmittees does not involve the 
imposition or maintenance of unnecessary administrative burdens. 
(5)
 The first statement to be published under this section must 
be published within a period of 2 years after the establishment 
day and shall be for a period of 3 years. 
(6) A subsequent statement— 
(a) must be published during the period to which the 
previous statement related, and 
(b) must be a statement for the period of 3 years 
beginning with the end of the previous period. 
(7) It is the duty of the Authority and the statutory committees 
in performing their functions at  times during a period for which 
a statement is in force under this section, to have regard to that statement. 
(8) The Authority or a statutory committee may, if they think 
fit, revise a statement under this  section at any time before or 
during the period for which it is made. 
(9) Where the Authority or a statutory committee revise a 
statement, they must publish the revision as soon as practicable. 
(10) The Authority shall not disclose commercially sensitive 
information obtained from a corporation or the holder of a contract under Part 6  or 8 in pursuance of the Authority’s 
functions under this Act. 
(11) The Authority is not contravening subsection (10)  if the 
disclosure— 
(a) is made with the consent of the corporation or the 
holder of a contract under Part 6  or 8 to which it 
relates, or 
(b) is required by law. 
Levy. 33.— (1) For the purpose of m eeting expenses properly  
 
 
 
 
 
  
 
 
  
 
  
 
 
  
 
  
 
 
 
 
  
 
  
 
  
 
  
 incurred by the Authority, the Contract Awards Committee and 
the Compliance Committee in the performance of their 
functions, the Authority shall ma ke an order imposing a levy on 
public service broadcasters a nd broadcasting contractors. 
(2) Whenever a levy order is made  there shall be paid to the 
Authority by public service broa dcasters and each broadcasting 
contractor such amount as shall be appropriate having regard to 
the terms of the levy order. 
(3) The Authority may make separate levy orders for public 
service, commercial and community broadcasters and for particular classes of br oadcasting contractors. 
(4) A levy order shall provide for the collection, payment and 
administration of a levy, includi ng all or any of the following— 
(a) the method of calculation of the levy, 
(b) the times at which paym ent will be made and the 
form of payment, 
(c) the keeping, inspection and provision of records 
relating to the levy, and 
(d) any exemptions, deferrals  or refunds of the levy. 
(5) Any surplus of levy income over the expenses incurred by 
the Authority in the discharge of its functions relevant to that 
levy in a particular financial year shall either— 
(a) be retained by the Authority to be offset against 
levy obligations for the subsequent year, or 
(b)
 be refunded proportionate ly to the providers o f 
broadcasting services on whom the levy is 
imposed. 
(6) The Authority may recover as  a simple contract debt in 
any court of competent jurisdic tion a levy from any person by 
whom it is payable. 
(7) (a) A levy order shall be laid before each House o f 
the Oireachtas by the Authority as soon as may 
be after it is made. 
(b) Either House of the Oireachtas may, by resolution 
passed within 21 sitting days after the day on which a levy order was laid before it in accordance with paragraph (a) , pass a resolution 
annulling the order.  
 
 
  
  
 
 
 
 
 
  
 
  
 
 
  
 
 
 
 (c) The annulment under paragraph (b)  of a levy order 
takes effect immediately on the passing of the 
resolution concerned but does not affect anything 
that was done under the order before the passing of the resolution. 
(8) In this section “ levy order ” means an order imposing a 
levy under subsection (1) . 
Exchequer funding. 34.— (1) Where in the opinion of the Minister an expense 
incurred by the Authority in performing its functions is of an exceptional nature, the Minister , after consultation with the 
Authority and with the consent of  the Minister for Finance, may 
from time to time pay to the Auth ority such an amount as he or 
she determines to be reasonable for the purposes of defraying expenses incurred by the Authority and its statutory committees in performing their functions under this Act. 
(2) The Minister, with the a pproval of the Minister for 
Finance, may pay to the Authority such amount as he or she considers reasonable in respect of  the expenses of the Authority 
and its statutory committees for the one year period from the 
establishment day. 
Borrowings. 35.— (1) The Authority may, with the approval of the 
Minister, given with the consent of the Minister for Finance, 
borrow temporarily such sums as it may require for the purpose 
of providing for current expenditure. 
(2) The Authority may, with th e approval of the Minister, 
given with the consent of the Minister for Finance, borrow 
money by means of the creation of stock or other forms o f 
security to be issued, transfe rred, dealt with and redeemed in 
such manner and on such terms and conditions as the Authority, 
with the consent of the Minister for Finance, may determine. 
(3) The borrowing powers conferred by subsection (2)  on the 
Authority may, subject to the consent of the Minister, be 
exercised for any purpose aris ing in connection with the 
performance of its functions, but there may be attached to a consent to borrow the condition that the monies shall be utilised only for the purpose of a programme  of capital works approved 
by the Minister. 
(4) The terms upon which monies are borrowed under 
subsection (2)  may include provisions charging the monies and 
interest thereon upon all property of whatsoever kind for the   
 
 
 
 
  
 
 
 
  
  
 
 
 
 
 
 
 Deposits and charges for 
services. 
Accounts and audits. time being vested in the Auth ority or upon any particular 
property of the Authority and provi sions establishing the priority 
of such charges amongst themselves. 
36.— (1) A deposit may be payable by a person, of such an 
amount as the Contract Awa rds Committee considers 
reasonable, in respect of an a pplication made by the person to 
the Contract Awards Committee for the entry into, by the 
Authority, on the recommendation of the Contract Awards 
Committee, with the person, of a broadcasting contract. 
(2) The Authority may make a charge for services or facilities 
provided by it. 
(3) Any surplus of income ove r the expenses incurred by the 
Authority in respect of subsection (2)  in a particular financial 
year shall be applied in such  manner as the Minister, after 
consultation with the Authority and with the approval of the 
Minister for Finance, may dir ect, and any such direction may 
require that all, or part as may be specified in the direction, o f 
such excess be paid into the Central Fund. 
(4) The Authority may recover as  a simple contract debt in 
any court of competent jurisdiction from the person by whom it is payable any amount due and ow ing to it under this section. 
37.— (1) The chief executive, following the agreement of the 
Authority, shall not later than 30 September in each year, submit estimates of income and expenditure  to the Minister in respect o
f 
the subsequent three financial ye ars, in such form as may be 
required by the Minister, and shal l furnish to the Minister any 
information which the Minister ma y require in relation to such 
estimates, including proposals and future plans relating to the performance by the Authority, the Contract Awards Committee and the Compliance Committee of their functions, as required. 
(2) The chief executive, under the direction of the Authority, 
shall cause to be kept, on a con tinuous basis, all proper books 
and records of account of all income and expenditure of the Authority, and of the sources of  such income and the subject 
matter of such expenditure, and of the property, assets and liabilities of the Authority and shall keep and shall account to the Authority for all such special accounts required by Part 10  , 
and as the Authority, with the co nsent of the Minister, or the 
Minister may from time to time direct should be kept. 
(3) (a) The Authority, the chief executive and any 
relevant member of the staff of the Authority  
 
  
 
 
 
 
 
  
 
 
 
  
 
  
 
   
 shall, whenever so requested by the Minister, 
permit any person appointed by the Minister to examine the books or other records of account o
f 
the Authority in respect of  any financial year or 
other period and shall facilitate any such examination. 
(b) In this subsection “relevant member of the staff o f 
the Authority” means a member of the staff of the Authority in respect of whom there have been duly assigned duties which relate to the books or other records of acc ount referred to in 
paragraph 
(a). 
(4) The accounts of the Authority for each financial year shall 
be kept in such a form and manne r as may be specified by the 
Minister with the consent of th e Minister for Finance and be 
prepared by the chief executive and approved by the Authority 
as soon as practicable but not late r than 3 months after the end o f 
the financial year to which they relate for submission to the Comptroller and Auditor General for audit. 
(5) A copy of the accounts referred to in subsection (4)  and 
the report of the Comptroller and Auditor General thereon shall, immediately after the audit of the Comptroller and Auditor General, be presented to the memb ers of the Authority and to the 
Minister as soon as may be but not  later than 6 months after the 
end of the financial year to which they relate and the Minister shall cause a copy of these documen ts to be laid before each 
House of the Oireachtas. 
(6)
 The financial year of the Authority shall be the period o f 
12 months ending on 31 December in any year, and for the purposes of this section the period commencing on the establishment day and ending on the following 31 December is deemed to be a financial year. 
(7) The Authority shall publis h, with the consent of the 
Minister and the Minister for Finance, on a website maintained 
by the Authority, such estimates of income and expenditure as 
are required to be prepared under subsection (1)  or a summary o f 
them. 
Reports to Minister. 38.— (1) The Authority shall, not later than 30 June in each 
year, make a report to the Minister  (in this section referred to as 
an “annual report”) in such form as the Minister may approve, on the performance of its functi ons and on its activities, during 
the preceding year. The Minister shall cause copies of each  
 
  
 
 
 
 
 
 
 
  
 
 
  
 
  
 
 
  
 
    
 
 Duties of broadcasters. annual report to be laid before each House of the Oireachtas. 
(2) An annual report shall include details of any scheme 
approved under Part 10  . 
(3) An annual report shall incl ude a report to the Minister by 
each statutory committee in such form as the Minister may 
approve, on the performance of it s functions and on its activities, 
during the preceding year. 
(4) An annual report shall incl ude a report to the Minister on 
progress made towards increasing accessibility of broadcasting 
services to people with disabilitie s, and in particular, on progress 
made to achieve the targets set out in any broadcasting rules. 
(5) An annual report shall include  a report to the Minister in 
respect of contracts entered into by the Authority under section 
67 and any consequent strategy th e Authority proposes to adopt 
to encourage competition in re spect of the award of sound 
broadcasting contracts, excluding contracts entered into under 
sections 64 and 68 . 
(6) An annual report shall incl ude a report to the Minister o f 
the attendance of members of th e Authority and each statutory 
committee at their meetings during the preceding year. 
(7) An annual report shall include information in such form 
and regarding such matters as the Minister may direct. 
(8) The Authority and each statutory committee may, from 
time to time, make such other reports to the Minister relating to their functions as they think fit or as the Minister may require. 
(9) In addition to information provided by the Authority in its 
annual report and in any reports made under subsection (8) , the 
Authority and each statutory committee shall supply to the Minister such information as the Minister may from time to time require regarding the perfo rmance of their functions. 
PART 3 
Broadcasters — Duties, Codes and Rules 
39.— (1) Every broadcaste r shall ensure that— 
(a) all news broadcast by th e broadcaster is reported 
and presented in an objective and impartial manner and without any expression of the broadcaster’s own views,  
 
 
 
  
 
 
 
 
 
  
 
 
 
  
 
  
 
 
  (b) the broadcast treatment of current affairs, including 
matters which are either of public controversy or the subject of current public debate, is fair to all interests concerned and that the broadcast matter is presented in an objective and impartial manner and without any expression of his or her own views, except that shou ld it prove impracticable 
in relation to a single br oadcast to apply this 
paragraph, two or more re lated broadcasts may be 
considered as a whole, if the broadcasts are transmitted within a reasonable period of each other, 
(c) in the case of sound broadcasters a minimum of— 
(i) not less than 20 per cent of the broadcasting 
time, and 
(ii) if the broadcasting service is provided for 
more than 12 hours in any one day, two hours of broadcasting time between 07.00 hours and 19.00 hours, 
is devoted to the broadcasting of news and current 
affairs programmes, unless a derogation from this requirement is authorised by the Authority under subsection (3) , 
(d) anything which may reasonably be regarded as 
causing harm or offence, or as being likely to 
promote, or incite to, crime or as tending to 
undermine the authority of  the State, is not 
broadcast by the broadcaster, and 
(e) in programmes broadcast by the broadcaster, and in 
the means employed to make such programmes, 
the privacy of any individual is not unreasonably encroached upon. 
(2)
 Nothing in subsection (1) (a)  or (b) prevents a broadcaster 
from transmitting party political broadcasts provided that a 
broadcaster does not, in the allocation of time for such 
broadcasts, give an unfair pref erence to any political party. 
(3) Notwithstanding subsection (1)(c) , the Authority may 
authorise a derogation from the re quirement in question in whole 
or in part in the case of a s ound broadcasting service but only i f 
it is satisfied that the authorisation of such a derogation would be beneficial to the listeners of the sound broadcasting service.  
 
 
  
 
 
   
   
 
 
 
 
 
  
 
 
 
 
 
  
 
 Recording of broadcasts. 
Advertising. (4) The sound broadcasting services established and 
maintained by RTÉ are deemed to be one sound broadcasting 
service for the purposes of subsection (1)(c) . 
(5) A broadcaster shall ensure that the broadcast treatment o f 
any proposal, being a proposal c oncerning policy as regards 
broadcasting, which is of public  controversy or the subject o f 
current public debate, which is  being considered by the 
Government or the Minister, sha ll be reported and presented in 
an objective and impartial manner. 
(6) Paragraphs (a)  and (b) of subsection (1) , in so far as they 
require the broadcaster not to e xpress his or her own views, do 
not apply to any broadcast made under subsection (5) . 
40.— (1) A broadcaster, by means of  its own facilities and in 
a manner approved of for the purpos es of this section by the 
Compliance Committee, shall record every broadcast made by the broadcaster or ev ery item of programme material supplied by 
him or her under a broadcasting co ntract or a content provision 
contract. 
(2)
 Recordings made in compliance with subsection (1) , shall 
be retained by the broadcaster for such period as stands 
determined by the Compliance Committee for the purposes o f 
this section. 
(3) When a complaint is being investigated by the Compliance 
Committee under section 48  , the recording of a broadcast to 
which the complaint relates, toge ther with the recording, made 
and being retained under this section, of any other broadcast 
which in the opinion of the Compliance Committee is relevant to 
that broadcast, shall be suppl ied by the broadcaster to the 
Compliance Committee on a request made by the Compliance Committee at any time during such period. 
(4) The making or retaining of a recording in compliance with 
subsection (1)  is not a contravention of the Copyright and 
Related Rights Act 2000 . 
41.— (1) A programme broadcast in a broadcasting service 
may include advertisements inserted in it. 
(2) The total daily times for br oadcasting advertisements in a 
sound broadcasting service must not exceed a maximum of 15 
per cent of the total daily broa dcasting time and the maximum 
time to be given to advertisemen ts in any hour shall not exceed a 
maximum of 10 minutes.  
 
 
 
 
 
 
 
 
 
 
  
  
 
 
 
  
 
  
 
  (3) A broadcaster shall not broadcast an advertisement which 
is directed towards a political end or which has any relation to an 
industrial dispute. 
(4) A broadcaster shall not broadcast an advertisement which 
addresses the issue of the merits or otherwise of adhering to any 
religious faith or belief or of becoming a member of any religion 
or religious organisation. 
(5) Nothing in subsection (3)  is to be read as preventing the 
broadcasting of a party political broadcast provided that a 
broadcaster does not, in the allocation of time for such 
broadcasts, give an unfair pref erence to any political party. 
(6) Subsection (3)  does not apply to advertisements broadcast 
at the request of the Referendum  Commission in relation to a 
matter referred to in section 3 of the Act of 1998 concerning a referendum. 
(7) In this section, references to  advertisements shall be read 
as including references to advertising matter contained in sponsored programmes, that is to say, in programmes supplied 
for advertising purposes by or on behalf of an advertiser. 
Broadcasting codes. 42.— (1) The Authority shall prepare, and from time to time 
as occasion requires, revise, in accordance with this section, a code or codes governing standard s and practice (“ broadcasting 
code ”) to be obser ved by broadcasters. 
(2) Broadcasting codes shall provide— 
(a) that all news broadcast by a broadcaster is reported 
and presented in an objective and impartial 
manner and without any expression of the 
broadcaster’s own views, 
(b) that the broadcast treatment of current affairs, 
including matters which are either of public controversy or the subject of current public debate, is fair to all in terests concerned and that 
the broadcast matter is presented in an objective and impartial manner and without any expression of the broadcaster’s own views, 
(c)
 that anything being likely to promote, or incite to, 
crime, or as tending to undermine the authority o f 
the State, is not broa dcast by a br oadcaster, 
(d) that in programmes broad cast by a broadcaster, and  
  
 
  
 
 
 
 
 
 
 
 
 
 
 
 
  
 
 
 
 
  in the means employed to make such 
programmes, the privacy of  any individual is not 
unreasonably encroached upon, 
(e) that a broadcaster does not, in the allocation o f 
time for transmitting party political broadcasts, give an unfair preference  to any political party, 
(f) that in respect of prog ramme material broadcast by 
a broadcaster that audiences are protected from harmful or offensive material, in particular, that programme material in respect of the portrayal o
f 
violence and sexual conduc t, shall be presented 
by a broadcaster— 
(i) with due sensitivity to the convictions or 
feelings of the audience, and 
(ii) with due regard to the impact of	  such 
programming on the physical, mental or moral development of children, 
(g) that advertising, teles hopping material, sponsorship 
and other forms of commercial promotion employed in any broadcasting service, in particular advertising a nd other such activities 
which relate to matters likely to be of direct or indirect interest to children, protect the interests of children having particular  regard to the general 
public health interests of children, 
(h) that advertising, teles hopping material, sponsorship 
and other forms of commercial promotion employed in any broadcastin g service, other than 
advertising and other activities as aforesaid falling within paragraph (g) , protect the interests 
of the audience, 
(i) that the provision of a broadcasting service which 
has, as one of its pr incipal objectives, the 
promotion of the interest s of any organisation, 
protects the interests of the audience, and 
(j) for the matters required to be provided for by 
Chapters IIA, IV and V of the Council Directive. 
(3) In preparing or revising a broadcasting code, the Authority 
shall have regard to each  of the following matters— 
(a) the degree of harm or offence likely to be caused  
  
 
 
 
 
 
 
 
  
 
 
  
 
 
 
 
  
 
 
  
 
 by the inclusion of any part icular sort of material 
in programmes generally, or in programmes of a 
particular description, 
(b) the likely size and com position of the potential 
audience for programmes included in television 
and sound broadcasting serv ices generally, or in 
television and sound broad casting services of a 
particular description, 
(c) the likely expectation of the audience as to the 
nature of a programme’s content and the extent to which the nature of a programme’s content can be brought to the attention of potential members o
f 
the audience, 
(d) the likelihood of persons who are unaware of the 
nature of a programme’s content being unintentionally exposed, by their own actions, to that content, 
(e)
 the desirability of securing that the content of a 
broadcasting service identifies when there is a 
change affecting the nature  of the service that is 
being watched or listened to and, in particular, a 
change that is relevant to the application of the 
codes set under this section, and 
(f) the desirability of main taining the independence o f 
editorial control over programme content. 
(4) A broadcasting code prep ared by the Au thority under 
subsection (2)(g)  may prohibit the advertis ing in a broadcasting 
service of a particular class or  classes of foods and beverages 
considered by the Authority to be  the subject of public concern 
in respect of the general public he alth interests of children, in 
particular those which contain fa t, trans-fatty acids, salts or 
sugars. 
(5) In preparing a broadcasting code under subsection (2) (g) 
the Authority may consult with  the relevant public health 
authorities. 
(6) Whenever the Authority prepares or revises a broadcasting 
code relating to the matter in question every broadcaster shall comply with such broadcasting code and any revision of it. 
(7) A copy of any broadcasting co de shall be presented to the 
Minister as soon as may be after it is made.  
  
 
 
 
   
 
 
  
 
  
 
   
 
 
  
 
  
 
 
  
 
 
  
 
 
 
  (8) In this section and section 43  “teleshopping material” 
means material which, when transm itted, 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. 
(9) The following codes prepared  under section 19 of the Act 
of 2001, namely— 
(a) the Code of Programme Standards (10 April 2007), 
(b) the Children’s Advertisi ng Code (1 January 2005), 
and 
(c) the Advertising C ode (10 April 2007), 
if in force on the passing of this Act, continue in force as i f 
made under the corresponding provisi on of this section and have 
effect accordingly. 
Broadcasting rules. 43.— (1) The Authority shall, s ubject to the requirements o f 
section 41 (2)  and, in accordance with subsection (4) , prepare, 
and from time to time as occasion requires, revise rules (“ broadcasting rules ”) with respect to— 
(a) the total daily times that shall be allowed for the 
transmission of advertis ements and teleshopping 
material on a broadcasting se rvice, in respect of a 
contract under Part 6  , 
(b) the maximum period that shall be allowed in any 
given hour for the transmission of advertisements and teleshopping material  (within the meaning o
f 
section 42 (8) ) on such a broadcasting service, 
and the Authority may make different such rules 
with respect to different classes of broadcasting 
service, 
(c) the specific steps each broadcaster is required to 
take to promote the unde rstanding and enjoyment 
by— 
(i) persons who are deaf  or have a hearing 
impairment, 
(ii) persons who are blind or partially sighted, and 
(iii) persons who have a hearing impairment and 
are partially sighted, 
of programmes transmitted on any broadcasting  
  
 
  
   
  
 
 
   
 
 
 
 
 
 
 
 
  
 
 
  
 
 
 
 service provided by the broadcaster. 
(2) Without prejudice to the generality of subsection (1)(c) , 
broadcasting rules with respect to that paragraph shall require 
each broadcaster of audio-visual material to take specified steps 
to provide access to that material by persons who are deaf or have a hearing impairment, persons who are blind or partially sighted, and persons who have a hearing impairment and are 
partially sighted by means of specified services such as— 
(a) sign language, 
(b) teletext services, 
(c) subtitling, and audio description, and 
(d) have regard to whether the foregoing material is 
being provided— 
(i) daily or at other regular intervals, (ii) at popular viewing times as well as at other 
times, and 
(iii) for news and news-rel ated matters as well as 
for other matters. 
(3)
 Rules under subsection (1)(c)  may, in respect of any 
period specified in them beginning on or after the passing of this 
Act, 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 subparagraphs (i), (ii)  and (iii)  of that paragraph of that 
percentage of programmes may be promoted. 
(4) Broadcasting rules shall provide for the matters required to 
be provided for by Chapters IIA , IV and V of the Council 
Directive. 
(5) Whenever the Authority prepares or revises a broadcasting 
rule relating to the matter in question every broadcaster shall 
comply as required with such rule and any revision of it. 
(6) The Authority shall every tw o years, or such lesser period 
as it may decide, review a broadcasting rule made under subsection (1)(c) . 
(7) In carrying out a review under subsection (6)  the Authority 
shall consider the quality of serv ices provided by broadcasters in 
endeavouring to comply with a broadcasting rule made under   
 
 
 
 
 
  
 
  
 
 
 
 
 
 
 
 
 
 
 
  
 
 Inspection of draft 
broadcasting codes and 
rules. 
Presentation of 
broadcasting codes and rules to Minister. subsection (1)(c) . 
(8) The following rules namely— 
(a) Access Rules (1 January 2005) prepared under 
section 19 of the Act of 2001, and 
(b) rules with respect to the maximum daily and 
hourly limits on advertising and teleshopping continued under secti on 19 of the Act of 2001, 
if in force on the passing of this Act, continue in force as i f 
made under the corresponding provisi on of this section and have 
effect accordingly. 
44.— (1) Before preparing a broadcasting code or making a 
broadcasting rule, the Authority shall make available for 
inspection on request by any person a draft of the broadcasting code it proposes to prepare or th e broadcasting rule it proposes 
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 broadcasting code or 
makes the broadcasting rule concerned. 
(2) The Authority shall cause to be published on a website 
maintained by the Authority, and may cause to be published in a 
newspaper circulating in the State, notice of the fact that, under subsection (1) , a draft referred to in th at subsection is available 
for inspection, of the place at which or the means by which the 
draft can be inspecte d and of the period specified by it under that 
subsection within which submissi ons may be made to it in 
relation to the draft. 
45.— (1) A copy of any broadcasti ng code or rule shall be 
presented to the Minister as s oon as may be after it is made. 
(2) (a) The Minister shall, as soon as may be after the 
receipt by him or her of a copy of any 
broadcasting code or rule made, cause copies of it 
to be laid before both Houses of the Oireachtas. 
(b) Either House of the Oireachtas may, by resolution 
passed within 21 sitting days after the day on which a broadcasting code or rule was laid before it in accordance with paragraph (a) , annul the 
code or rule. 
(c) The annulment of a broadcasting code or rule 
under paragraph (b)  takes effect immediately on  
 
 
 
 
 
 
 
 
 
 
  
 
 
  
  
 
 
 
 
 
 
 
  Co-operation with other 
parties — standards and 
self-regulation. 
Code of practice — 
complaints handling. the passing of the resolution concerned but does 
not affect anything that was done under the code or rule before the pass ing of the resolution. 
(3)
 Subject to the requirements of section 43 (6)  the Authority 
shall, once in each period of 4 years, beginning with the period of 4 years commencing on the date of the preparation of the 
broadcasting code or rule, review the effect of the broadcasting 
code or rule, and shall prepare a re port in relation to that review 
and furnish the report to the Minister. 
(4) The Minister shall, as soon as may be after the receipt by 
him or her of the report, cause copi es of it to be laid before both 
Houses of the Oireachtas. 
46.— (1) In this section “self- regulatory system” means a 
system whereby the members of a group of persons with a shared interest voluntarily adhere  to rules or code of conduct 
established by that group. 
(2) The Authority may co-operate with or give assistance to 
one or more persons (whether re siding or having their principal 
place of business in the State or elsewhere) in— 
(a)
 the preparation by that person or those persons o f 
standards, or 
(b) the establishment and administration by that person 
or those persons of a self-regulatory system, 
in respect of broadcasting content or related electronic media. 
PART 4 
Redress 
47.— (1) A broadcaster shall give due and adequate 
consideration to a complaint on one or more of the grounds 
specified in section 48 (1) , made in writing by a person in 
respect of the broadcasting serv ice provided by the broadcaster 
which, in the opinion of the broadcaster, has been made in good faith and is not of a fri volous or vexatious nature. 
(2) A complaint under subsection (1)  shall be made to the 
broadcaster not more than 30 days after— 
(a) in case the complaint relates to one broadcast, the 
date of the broadcast,  
  
 
  
 
  
 
  
 
 
 
 
 
 
 
  
 
 
 
 
 
 
 
 
 
  
 
  
 
 (b) in the case of 2 or more  unrelated broadcasts, the 
date of the earlier or earliest, as the case may be, 
of those broadcasts, or 
(c) in case the complaint relates to 2 or more related 
broadcasts of which at least 2 are made on 
different dates, the later or  latest of those dates. 
(3) A broadcaster shall prep are and implement a code  of 
practice for the handling of complaints made under subsection 
(1). The code of practice shall make provision for the following 
matters— 
(a) an initial point of contact for complainants, 
including an electronic-mail address, 
(b) a time period within which the broadcaster shall 
respond to complaints, and 
(c) the procedures to be fo llowed by the broadcaster in 
the resolution of complaints. 
(4) A broadcaster shall publish on a website maintained by the 
broadcaster, and generally make available, a copy of the code o f 
practice prepared under subsection (3) . 
(5) The Compliance Committee may prepare and publish 
guidance for broadcasters for the purposes of ensuring compliance with subsection (3) . 
(6) A broadcaster shall supply the information required under 
subsection (3)  to the Compliance Committee who shall cause 
such information to be published on a website maintained by the Authority. 
(7) A broadcaster shall keep a record of complaints made 
under subsection (1)  and of any reply made thereto for a period 
of 2 years from the date of receipt of the complaint. 
(8) A broadcaster shall, if directed by the Compliance 
Committee, make available fo r inspection by the Compliance 
Committee all records kept by the broadcaster under subsection 
(7). 
Complaints process. 48.— (1) Subject to this sec tion, the Compliance Committee 
may investigate and decide upon any of the following complaints— 
(a) a complaint that in broadcasting news given by it 
and specified in the complaint, a broadcaster did  
  
 
 
 
 
 
  
 
 
  
 
  
 
  
 
  
 
  
 
 
 
  not comply with one or more of the requirements 
of section 39 (1)(a)  and (b), 
(b) a complaint that in broadcasting a programme 
specified in the complaint, a broadcaster either did not comply with one or more of these requirements or was in breach of the prohibition contained in section 39 (1)(d) , 
(c) a complaint that on an occasion specified in the 
complaint, there was an encroachment by a broadcaster contrary to section 39 (1) (e) , 
(d) a complaint that on an occasion specified in the 
complaint, a broadcaster failed to comply with a provision of a broadcas ting code providing for 
the matters referred to in section 42 (2)(a)  to (d) 
and section 42 (2)(f) , (g) and (h) . 
(2)
 A complaint under subsection (1)  shall be in writing and 
be made to the Compliance Committee not more than 30 days 
after— 
(a) in case the complaint relates to one broadcast, the 
date of the broadcast, 
(b) in the case of 2 or more  unrelated broadcasts, the 
date of the earlier or earliest, as the case may be, of those broadcasts, or 
(c)
 in case the complaint relates to 2 or more related 
broadcasts of which at least 2 are made on 
different dates, the later or  latest of those dates. 
(3) The Compliance Committee may, at their discretion, refer 
the complaint in the first instance to the broadcaster, for consideration in accordance with a code of practice prepared under section 47 (3) . 
(4) Where the Compliance Committee proposes to investigate 
a complaint made under this sect ion the Committee shall afford 
to the broadcaster to whom the complaint relates (hereafter in this section referred to as the “b roadcaster concerned”) 7 days or 
such further period as the Committee allows to comment on the complaint. 
(5) Where a complaint is made to the Compliance Committee 
under subsection (1)  and— 
(a) a person employed by the broadcaster concerned in  
 
 
  
 
 
 
 
 
   
 
 
 
 
 
   
  
 
  
 
 
  
 
 
 the making of any programme the subject of the 
complaint, or 
(b) if the making of any progr amme the subject of the 
complaint was commissioned by the broadcaster concerned, the person commissioned to make that programme, 
requests, for reasons specified by him or her, the Compliance 
Committee to afford to him or her an opportunity to comment on the complaint, the Compliance Committee shall, having considered the reasons so specifie d, afford to the person 7 days 
or such further period as the Committee allows to comment on the complaint if, but only if, they are satisfied that, as appropriate— 
(i)
 an interest of the person referred to in paragraph 
(a), being an interest which the Compliance 
Committee consider relevant to the person’s employment by the broadcaster concerned, or 
(ii) the prospects of the person referred to in 
paragraph (b)  obtaining further commissions in 
respect of programmes from the broadcaster concerned, 
may, because of the complaint, be adversely affected. 
(6) When the Compliance Committee proposes to consider a 
complaint that a broadcaster failed to comply with the provision 
of a broadcasting code providing for the matters referred to in 
section 42 (2) (g)  or (h) the Compliance Committee shall afford 
the relevant advertiser 7 days or such further period as the 
Committee allows to comment on the relevant advertisement. 
(7) As soon as may be after they  decide on a complaint made 
under this section, the Compliance Committee shall send to— 
(a) the person who made the complaint, and 
(b) the broadcaster concerned, 
a statement in writing of their decision, including the reasons 
for their decision. 
(8) In case the Compliance Committee decide on a complaint 
that a broadcaster failed to comply with the provision of a 
broadcasting code providing for the matters referred to in section 
42 (2)(g)  or (h) , as soon as may be after their decision, the 
Compliance Committee shall (in ad dition to complying with the  
 
 
 
 
 
 
 
 
 
 
 
 
  
  
 
 
 requirements of subsection (7) ) send to the person with whom 
the broadcaster concerned agreed  to broadcast the relevant 
advertisement (if he or she is not the person who made the 
complaint) a statement in writing of their decision. 
(9) The consideration by the Compliance Committee of a 
complaint made to them under this  section may be carried out by 
the Compliance Committee in private. 
(10) Unless they consider it inappropriate to do so, the 
Compliance Committee shall, as  soon as may be after the 
making of the decision, publish part iculars of their decision on a 
complaint in such manner as they  consider suitable and, without 
prejudice to subsection (11) , where they consider that the 
publication should be by the broa dcaster concerned, or should 
include publication by the broadcas ter concerned, the particulars 
shall be published by the broadcas ter concerned in such manner 
as shall be agreed between the Compliance Committee and the broadcaster concerned. 
(11)
 Without prejudice to subsection (10) , the broadcaster 
concerned shall, unless the Compliance Committee consider it inappropriate for the broadcaster to do so, broadcast the Compliance Committee’s decision on every complaint considered by the Compliance Committee in which the Compliance Committee found in fav our, in whole or in part, o
f 
the person who made the complain t, within 21 days of such 
decision and at a time and in a manner corresponding to that in which the broadcast to which th e complaint relates took place. 
(12) As regards proceedings under this section, the 
Compliance Committee does not have any power to award to any party costs or expenses. 
(13) Subsection (1)  does not apply to a complaint which, in 
the opinion of the Compliance Co mmittee, is not made in good 
faith or is frivolous or vexatious, nor, unless the Compliance Committee consider that ther e are special reasons for 
investigating the complaint (which reasons shall be stated by the 
Compliance Committee when giving their decision), does that subsection apply to a complaint which is withdrawn. 
(14) Where a matter has been the subject of multiple 
complaints made under— 
(a) this section, or 
(b) in respect of a broadcast transmitted from another 
jurisdiction targeted at audiences in the State,  
 
 
 
 
 
  
 
 
 
 
   
 
 
 
 
  
 
 
 
 
 
 
  
  
 
 
 
 
  the Compliance Committee may review the matter concerned 
and, as it considers appropriate, re port to the Minister and to the 
relevant public body in such form and manner as the Committee 
thinks fit the findings arising out of such review. 
(15) The Compliance Committee shall endeavour to decide 
upon a complaint as soon as practi cable after such a complaint is 
received. 
(16) The Compliance Committ ee may, where it deems it 
appropriate, hold an oral hearing in respect of proceedings under 
this section. 
(17) The Compliance Committee may deem a complaint made 
to a broadcaster within the time periods specified in section 47 
(2) as having been made within  the time periods specified in 
subsection (2) . 
Right of reply. 49.— (1) In this section— 
“requester” means a person who makes a request under 
subsection (6) ; 
“right of reply” means the broadcast by a broadcaster of a 
statement prepared in ac cordance with a scheme; 
“scheme” means a scheme under subsection (3) . 
(2) Subject to this secti on, any person whose honour or 
reputation has been impugned by an assertion of incorrect facts 
or information in a broadcast shall have a right of reply. 
(3) The Authority shall prepare, within 6 months of the 
establishment day, following a period of public consultation, a scheme for the exercise of the right of reply. 
(4) A scheme shall set out the procedures to be followed in the 
exercise of the right of reply. 
(5) In preparing a scheme the Authority shall ensure that— 
(a) a right of reply shall be broadcast— 
(i) within a reasonable ti me period subsequent to 
the request for a right of reply being made, and 
(ii) at a time and in a manner appropriate to the 
broadcast to which the request refers, and 
(b) a right of reply shall—  
  
 
 
  
 
  
  
 
  
 
  
 
 
 
 
  
 
 
 
 
 
 
 
 
 (i) state to what extent the information contained 
in the broadcast under subsection (2)  is 
incorrect or misleading, and 
(ii) be limited to factual assertions necessary to 
rectify an incomplete or  otherwise distorting 
assertion. 
(6) A person who wishes to ex ercise a right of reply in 
accordance with a scheme shall make a request in writing 
addressed to the broadcaster concerned— 
(a) stating that the request is made under this section, 
(b) containing sufficient particulars to enable the 
identification by the taki ng of reasonable steps o f 
the part of the broadcast which asserted incorrect facts impugning the honour or reputation of the requester, and 
(c) if the requester requires the right of reply to be 
given in a particular fo rm or manner (being a 
form or manner which is in accordance with the terms of any scheme) specifying the form or manner of the right of reply. 
(7) A request for a right of repl y shall be made not later than 
21 days after the making of the broadcast referred to in the 
request, unless otherwise agreed between the requester and the 
broadcaster concerned. 
(8) The broadcaster shall, as s oon as may be but not later than 
10 days after the rece ipt of a request under subsection (6) — 
(a) decide whether to grant or refuse the request, and 
(b) cause notice in writing of  the decision to be given 
to the requester. 
(9) Where notice of a decision under subsection (8)  is not 
given to the requester by the expiration of the period specified for that purpose a decision refusing to grant the request under subsection (6)  shall be deemed to ha ve been made upon such 
expiration by the broadcaster concerned. 
(10)
 A broadcaster shall give due and adequate  consideration 
to any request under subsection (6) , which in the opinion of the 
broadcaster has been made in good faith and is not of a frivolous 
or vexatious nature, by a member of the public in respect of the 
broadcasting service provided by the broadcaster and shall keep  
  
 
 
 
  
 
 
 
 
  
 
 
  
 
  
 
 
 
  
 
  
 
  
 
 
  due and proper records for a pe riod of 2 years of all such 
requests and of any reply made to  them or of any action taken on 
foot of them. 
(11) A broadcaster shall, if directed by the Compliance 
Committee, make available fo r inspection by the Compliance 
Committee all records kept by him or her under subsection (10) . 
(12) No charge shall be made for the processing of a request 
under subsection (6)  by a broadcaster. 
(13) In a defamation action the granting of a request for a 
right of reply under this section by a defendant in respect of a 
statement to which the action relates— 
(a) does not constitute an express or implied admission 
of liability by that defendant, and 
(b) is not relevant to the determination of liability in 
the action. 
(14) In a defamation action the defendant may give evidence 
in mitigation of damage, that he or she granted or offered to 
grant a right of reply under this se ction to the plaintiff in respect 
of the statement to which the action relates, either— 
(a) before the bringing of the action, or 
(b) as soon as practicable th ereafter, in circumstances 
where the action was co mmenced before there 
was an opportunity to grant or offer to grant a right of reply. 
(15)
 In a defamation action, a de fendant who intends to give 
evidence to which subsection (14)  applies shall, at the time o f 
the filing or delivery of the defence to the action, notify the 
plaintiff in writing of his or her intention to give such evidence. 
(16) Evidence of the granting of  a right of reply under this 
section by a broadcaster in respec t of a statement to which the 
action relates is not admissible in any civil proceedings as 
evidence of liability of the defendant. 
(17) Subject to this section, the Compliance Committee, on 
application to them in that behalf, in writing, by a requester, shall endeavor to within 21 days  after the receipt of such an 
application, review a decision to  refuse by a broadcaster under 
subsection (8)  or (9) and as they consider appropriate— 
(a) affirm the decision, or  
  
 
 
 
   
 
 
 
  
 
 
 
  
  
 
  
 
 
 
 
 
 
 
 
 
 
  
  (b) annul the decision and require the broadcaster 
concerned to broadcast the Compliance 
Committee’s decision including any correction o f 
inaccurate facts or information relating to the individual concerned within 7 days of such decision being communicate d to the broadcaster 
and at a time and in a manner corresponding to that in which the broadcast to which the request relates took place, 
in accordance with this section. 
(18) An application under subsection (17)  shall be made to the 
Compliance Committee not more than  21 days after receipt of a 
decision to refuse under subsection (8)  or (9). 
(19) Where the Compliance Committee propose to investigate 
an application made under subsection (17) , the Compliance 
Committee shall afford to the broadcaster to whom the 
application relates (hereafter in this section referred to as the 
“broadcaster concerned”) an opportunity to comment on the 
application. 
(20) As soon as may be after they decide on an application 
made under subsection (17) , the Compliance Committee shall 
send to— 
(a) the person who made the application, and 
(b) the broadcaster concerned, 
a statement in writing of their decision, including the reasons 
for their decision. 
(21) The Compliance Committee may reject any request for a 
right of reply where it is of the opinion inter alia  that— 
(a) the request is of a frivolous or vexatious nature or 
was not made in good faith, 
(b) a right of reply is manifestly unnecessary owing to 
the minor significance of the error in the broadcast complained of, 
(c) the proposed right of re ply cites untrue information 
or assertions, 
(d) the proposed right of re ply is a personal opinion, 
(e) the proposed right of re ply is an assessment or  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
  
 
 
 
 
 
 
 
  
 
 
 
  
 
 
  
 
  warning against the future conduct of a person, 
(f) satisfaction of the proposed right of reply would 
involve a punishable act, 
(g) satisfaction of the proposed right of reply would be 
harmful or offensive, 
(h) satisfaction of the proposed right of reply would 
render the broadcaster liable to civil law 
proceedings, 
(i) satisfaction of the proposed right of reply would 
breach a broadcaster’s statutory obligation, 
(j) satisfaction of the proposed right of reply would 
breach the terms of a broadcaster’s contract under 
Part 6 with the Authority, 
(k) the person who was injured by the contested 
information has no legally justifiable actual interest in the publicatio n of a right of reply, 
(l) the original broadcast also contained a statement 
from the person affected and such contents are equivalent to a right of reply, 
(m) an equivalent editorial correction has been made 
and the person affected informed, 
(n) the content of the proposed right of reply would 
violate the rights of a third party, 
(o) the matter concerned rela tes to reports on public 
sessions of the Houses of the Oireachtas or the Courts, 
(p) the matter concerned relates to a party political 
broadcast, 
(q) the matter concerned re lates to a broadcast under 
section 3 of the Act of 1998, 
(r) the broadcast of a right of  reply is not in the public 
interest, or 
(s) the application was not made within the period 
specified in subsection (18) . 
(22)
 Where the Compliance Committee finds that the 
broadcaster has failed to comply with a decision under  
  
 
 
 
  
 
 
 
 
  
  
  
 
 
 
 
 
 
  
 
 
  
 
  subsection (17)  the Compliance Committee shall notify the 
broadcaster of those findings and give the broadcaster an 
opportunity to make represen tations in relation to the 
notification or remedy any non- compliance, not later than— 
(a) 10 days after issue of  the notification, or 
(b) the end of such longer period as is agreed by the 
Compliance Committee with the broadcaster 
concerned. 
(23) Where, at the end of the period referred to in subsection 
(22), the Compliance Committee is of the opinion that the 
broadcaster concerned has not re medied its non-compliance, the 
Compliance Committee may recomm end to the Authority, and 
the Authority shall follow such recommendation, that the Authority apply to the High Court for such order as may be appropriate in order to ensure compliance with a decision under subsection (17) . 
(24) The High Court may, as it thin ks fit, on the hearing of the 
application make an order— 
(a) compelling compliance with a decision under 
subsection (17) , 
(b) varying a requirement under subsection (17) , or 
(c) refusing the application. 
(25) A scheme shall be— 
(a) published by the Authority on a website 
maintained by the Authority, and 
(b) carried out in accordan ce with its terms by the 
Compliance Committee. 
(26)
 (a) A scheme shall be laid before each House o f 
the Oireachtas by the Minister as soon as may be after it is prepared. 
(b) Either House of the Oireachtas may, by resolution 
passed within 21 sitting days after the day on which a scheme was laid before it in accordance with paragraph (a) , annul the scheme. 
(c) The annulment under paragraph (b)  of a scheme 
takes effect immediately on the passing of the resolution concerned but does not affect anything 
that was done under the scheme before the  
  
 
 
 
  
 
  
 
  
 
 
 
 
 
  
 
 
 
 
 
 
  Investigation into affairs of 
contractor. passing of the resolution. 
(27) The Authority shall review and report to the Minister on 
the operation, effectiveness and impact of a scheme not later 
than 3 years from the date on which it comes into operation and 
every 5 years thereafter or at su ch time as may be requested by 
the Minister. 
(28) A copy of a report under subsection (27)  shall be laid by 
the Minister before each House of the Oireachtas as soon as may be after it has been made to him or her. 
PART 5 
Enforcement 
Chapter 1 
Compliance with terms of contract 
50.— (1) The Compliance Committee may for any of the 
reasons specified in subsection (2)  conduct an investigation into 
the operational, programming, fi nancial, technical or other 
affairs of a holder of a contract under Part 6  or 8 
(“ contractor ”). 
(2) The Compliance Committee may conduct, by appointing 
as an investigator a member of  the staff of the Authority or 
another person the Committee considers to be suitably qualified to conduct, an investigation under this section if it has 
reasonable grounds for believing that a contractor is not 
providing a service in accordance with the terms of the contractor’s contract. 
(3)
 The Compliance Committee shall notify the contractor 
concerned of the matter under investigation and afford the 
contractor an opportunity to respond, within 7 days of the date o f 
the notification, or such further period as the Committee allows, 
to the matter under inves tigation. It is the du ty of the contractor 
to co-operate in the investigation. 
(4) An investigator may for th e purposes of an  investigation 
under this section re quire the contractor concerned to— 
(a) produce to the investigator such information or 
records in the contractor’s possession or control relevant to the investigation, 
(b) allow the investigator to enter the premises of the  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
  
  Termination or suspension 
of contract under Part 6  or 
8. contractor to conduct such inspections and make such examinations of broadcasting equipment found there, and 
(c) where appropriate, attend before the investigator 
for the purposes of the investigation. 
(5) Where an investigator, ha ving conducted an investigation 
under subsection (2), forms a view that a contractor is not 
providing the service referred to in  that subsection in accordance 
with the terms of the contractor’s  contract, then he or she shall 
notify the finding to the contractor and afford that contractor an opportunity to make submissions in accordance with any rules made under subsection (8)  at a hearing before the Compliance 
Committee in respect of the matter under investigation. 
(6) The contractor concerned shall supply the Compliance 
Committee with such information and records the Committee considers necessary for th e purposes of a hearing. 
(7) After consideration of subm issions (if any) made by the 
contractor concerned under subsection (5) , the Compliance 
Committee may— 
(a) make a finding that the contractor is not providing 
the service referred to in subsection (2)  in 
accordance with the terms of the contractor’s contract, or 
(b) make such other finding as it considers appropriate 
in the circumstances. 
(8) The Compliance Committee shall make rules providing for 
the conduct of a hearing under subsection (5) . The rules shall 
provide for the period in which submissions under subsection (5) 
are to be made. The rules may include provision for an oral or other form of hearing, as appropriate. 
(9) In this section “investigator” means a person appointed as 
such under subsection (2). 
51.— (1) Without prejudice to an y specific provision of this 
Act, or of a contract made under it, the Compliance Committee may recommend to the Authority that the Authority terminate or suspend, for such period of suspension as the Compliance Committee considers reasonable and specifies in the recommendation, a contract entere d into by the Authority under 
Part 6 or 8—  
 
 
 
  
 
 
  
 
 
 
  
 
  
 
 
 
 
  (a) if any false or misleading information of a material 
nature was given to the Contract Awards Committee by or on behalf of the holder of the contract before it was entered into, or 
(b)
 if the holder of the contract has, upon a finding by 
the Compliance Committee under section 50 (7) , 
having regard to the i nvestigation concerned 
under that section, failed on one or more occasions to comply with a term or condition o
f 
the contract and the nature of that failure is o f 
such seriousness as, in the opinion of the Compliance Committee, warrants the termination or suspension of the contract, 
and the Authority shall— 
(i) where the Compliance Committee recommends that 
the contract be suspended, suspend the contract concerned for such period as the Compliance Committee recommends or, having regard to all the circumstances, for such lesser period as the Authority considers appropriate, or 
(ii) where the Complia nce Committee recommends 
that the contract be terminated, terminate the contract concerned or, ha ving regard to all the 
circumstances, suspend the contract for such period as the Authority considers appropriate. 
(2) Where the Compliance Committee proposes to make a 
recommendation under subsection (1)  the Committee shall by 
notification afford the holder of  the contract concerned an 
opportunity to make submissions, in accordance with any rules made under subsection (3) , at a hearing before the Committee in 
respect of the matter under consideration. 
(3) The Compliance Committee shall make rules providing for 
the conduct of a hearing under subsection (2) . The rules shall 
provide for the period in which submissions under subsection (2) 
are to be made. The rules may include provision for an oral or other form of hearing, as appropriate. 
(4) A decision to terminate or suspend a contract by the 
Authority under this section, any ot her provision of this Act or a 
provision of the contract, may be  appealed by the holder of the 
contract to the High Court. 
(5) The members of the Authority making a decision under  
 
 
 
  
 
 
  
 
   
  
 
 
 
  
 
 
 
 
 
  
 
 
 
  Definitions (Chapter 2 ). 
Investigation into affairs of 
broadcaster. subsection (1) (i)  or (ii) in relation to the suspension or 
termination of a contract shall not include a member of the 
Compliance Committee who made the recommendation to the 
Authority. The Authority may allo w the holder of the contract 
concerned to make further submis sions to it, if it considers it 
appropriate, in accordance with an y rules it makes (which may 
include the possibility of a hearing). 
(6) A contract terminated or suspended under this section, 
under any other provision of this Act or under a provision of the 
contract, shall— 
(a) in case it is terminate d, cease to have effect, and 
(b) in case it is suspended, cease to have effect for the 
period for which it is suspended. 
Chapter 2 
Financial Sanctions 
52.— In this Chapter— 
“ Court ” means High Court; 
“ breach ” means a serious or repeated failure by a broadcaster to 
comply with a requirement referred to in section 53 (1) ; 
“ financial sanction” means a specified amount to be paid by a 
broadcaster for a breach by the br oadcaster as directed by the 
Court under section 55 (1)  or the Authority under section 55 (3) ; 
“ investigation ” means an inve stigation by an investigating 
officer into any of the matters referred to in section 53 (1) ; 
“ investigating officer ” means a person appointed as such under 
section 53 (1). 
53.— (1) The Compliance Committee shall, subject to 
subsection (2) , appoint a member of the st aff of the Authority, or 
such other person as the Comm ittee considers to be suitably 
qualified to be an investigating o fficer for the purposes of this 
Chapter where it is of the opinion that there are circumstances 
suggesting that it is appropriate to investigate a nd report on any 
apparent breach by a broad caster of a requirement of section 39 
(1), 40 (1) , (2) or (3), 41 (2) , (3) or (4), 106 (3)  or 127 (6)  or a 
broadcasting code or rule. 
(2) The terms of appointment of an investigating officer under  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
  
 
  
 
 
 this section shall relate to the particular apparent breach being 
investigated and may define the sc ope of his or he r investigation, 
whether as respects the matters or the period to which it is to 
extend or otherwise, and in particular may limit the investigation to matters connected with particular circumstances. 
(3) Where the Compliance Committee appoints an 
investigating officer to investig ate and report on an apparent 
breach by a broadcaster, the investigating officer shall— 
(a) notify the broadcaster (“  broadcaster concerned”) 
of the matter under investigation, 
(b) supply the broadcaste r with copies of any 
documents relevant to the investigation, and 
(c) afford to the broadcaste r an opportunity to respond, 
within 7 days of the date of the notification, or such further period not exceeding 21 days as the Committee allows, to the matter under investigation. 
(4) It is the duty of the broadcas ter concerned to co-operate in 
any such investigation and provide  the investigating officer with 
such information as he or she considers necessary for the purposes of the investigation. 
(5) Where the Compliance Committee appoints an 
investigating officer to investig ate and report on an apparent 
breach and either— 
(a) a person employed by the broadcaster concerned, 
or 
(b)
 if the making of any programme, the subject o f 
such an investigation, was commissioned by the 
broadcaster concerned, th e person commissioned 
to make that programme, 
requests, for reasons specifi ed by the person, that the 
Compliance Committee afford to him or her an opportunity to comment within 7 days, or such  further period not exceeding 21 
days as the Committee allows, on the matter under investigation, 
then the Compliance Committee shall, having considered the reasons so specified, require the investigating officer to afford to the person such an opportunity, if the Committee is satisfied 
that— 
(i) in the case of a person referred to in paragraph (a) , 
an interest of the person, which the Compliance  
 
 
  
 
  
 
 
 
 
 
 
  
 
 
 
  
 
 
 
 
  
 Report, findings, 
recommendations and procedures relating to 
outcome of investigation. Committee considers relevant to the person’s 
employment by the broadcaster concerned, is involved, 
(ii)
 in the case of a person referred to in paragraph (b) , 
the prospects of the person obtaining further commissions in respect of programmes from the 
broadcaster concerned, may, because of the 
matter under investigation, be adversely affected, or 
(iii) in the case of a person referred to in paragraph 
(a) or (b), it is in the interests of fairness to do so, 
having regard to any potential consequences for the good name of the person. 
(6) Where the Compliance Committee proposes to investigate 
non-compliance by a broadcaster with a broadcasting code 
which provides for any of the matters referred to in section 42 
(2)(g)  or (h) , the investigating officer sh all afford to the person 
employing such matter in a broadcasting service an opportunity to comment within 7 days of no tification, or such  further period 
not exceeding 21 days as the Co mmittee allows, in relation to 
the matter under investigation. 
(7) An investigating officer may for the purposes of this 
section require the broa dcaster concerned to— 
(a) provide to the investigating officer such 
information or records in the broadcaster’s 
possession or control relevant to the 
investigation, and 
(b) where appropriate, attend before the investigating 
officer for the purposes of the investigation. 
54.— (1) ( a) Where an investigating officer forms the 
view that there has been  a breach in respect o f 
any matter which he or she is investigating or the 
broadcaster concerned has failed to co-operate 
with the investigation, the officer shall report this to the Compliance Committee. 
(b) The report of an investig ating officer in relation to 
an investigation to the Compliance Committee shall include— 
(i) the investigating officer’s findings in relation 
to the matter,  
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
  
 
 
   
  
 
  
 
 
 (ii) any response received under section 53 (3)  or 
comment received under section 53 (5)  or 
(6), 
(iii) details of any fa ilure by the broadcaster 
concerned to comply with section 53 (7) , 
and 
(iv) the recommendation of the investigating 
officer. 
(2) Where an investigating officer forms a view that there has 
been a breach by the broadcaster concerned or that the 
broadcaster has not co-operated with the investigation, the 
broadcaster shall be afforded the opportunity of making a 
submission to the Compliance Committee within 10 days o f 
being notified of the investigating officer’s views and 
recommendation. 
(3) Where the Compliance Committee, having considered a 
report under subsection (1)  and any submissions made under 
subsection (2) , finds that— 
(a) there has been a breach by the broadcaster 
concerned, or 
(b) the broadcaster concerned has failed to co-operate 
in an investigation, 
the Committee may recommend to the Authority that the 
Authority notify the broadcaster concerned in accordance with 
subsection (4) . The Authority shall comply with the 
recommendation. 
(4) A notification under subsection (3)  shall— 
(a) set out the reasons for the notification, 
(b) state that the Authority intends to apply to the 
Court for a determination that there has been a 
breach or a failure to co-operate with an investigation, unless the broadcaster concerned 
requests, in writing within 14 days of the date o
f 
the notification or such further period as the Authority allows, that the Authority deal with the matter under section 55 (2) , and 
(c) indicate the amount of th e financial sanction (not 
exceeding €250,000) that it proposes, if the 
matter is dealt with by the Authority under  
  
 
 
  
 
 
 
 
 
  
 
 
 
 
  
 
 
 
   
  
 
  
 
 
 
 section 55 (2) , 
and the Authority may indicate in the notification the amount 
of the financial sanction (not exceeding €250,000) that it intends 
to recommend to the Court if the matter is dealt with by the Court under section 55 (1) . 
(5) Where the broadcaster concer ned fails to make a request 
under subsection (4)(b)  within the period referred to in that 
paragraph or informs the Authorit y that no such re quest will be 
made, the Authority shall apply to  the Court for a determination 
that there has been a breach or a failure to co-operate with an investigation by the br oadcaster concerned. 
(6) Where a broadcaster makes a request under subsection 
(4)(b) , the Authority shall afford the broadcaster an opportunity 
to make submissions at a hearing before the Authority in respect 
of the matter. 
(7)
 Where a broadcaster takes the opportunity to make 
submissions at a hearing under subsection (6) , the members o f 
the Authority conducting the he aring shall not include any 
person who was a member of the Compliance Committee which appointed an investigating officer under section 53 (1)  to 
investigate the alleged breach and made a recommendation under subsection (3) . 
(8) The Authority shall make rules providing for the conduct 
of a hearing under subsection (6) . The rules may include 
provision for an oral or other fo rm of hearing, as appropriate, 
and for the taking of evidence whet her orally or otherwise, as 
appropriate, and the applicable rules of evidence. 
(9) The Authority may not award costs or expenses to any 
party in relation to a hearing under subsection (6) . 
Financial sanctions. 55.— (1) The Court, in any appl ication 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 br oadcaster concerned, 
(ii) if it thinks fit dire ct, 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 co­operate 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 investig ation by the broadcaster concerned 
and issue a statement of fi ndings 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 broadcaste r 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 notificatio n given to the broadcaster in accordance 
with section 54 (4) (c) , in respect of the bre ach 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 o f 
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. 
Matters to be considered in 56.— In considering the amount (if any) of any financial determining the amount of financial sanction. sanction to be imposed on a broadcaster under section 55  the  
 
  
 
  
 
  
 
   
 
 
 
 
 
 
 
 
 
 
 
 
 
 
  
   
  Authority or the Court shall take  into account the circumstances 
of the breach or the failure to co-operate with an investigation in 
question, as the case may be, and shall, where appropriate in the 
circumstances, have regard to— 
(a) the need to ensure that any financial sanction 
imposed— 
(i) is appropriate and pr oportionate to the breach 
or the failure to co-operate with the 
investigation, and 
(ii) will act as a suffici ent incentive to ensure 
future compliance in respect of the requirement breached, 
(b) the seriousness of the breach, 
(c) the turnover of the broad caster in the financial year 
ending in the year previous to the breach and the ability of the broadcas ter to pay the amount, 
(d) the extent of any failure to co-operate with the 
investigation, 
(e) any excuse or explana tion by the broadcaster for 
the breach or failure to co-operate with the investigation, 
(f)
 any gain (financial or otherwise) made by the 
broadcaster or by any person in which the 
broadcaster has a financial interest as a 
consequence of the breach, 
(g) the appropriateness of the time when the 
programme material con cerned was broadcast, 
(h) the degree of harm cau sed or increased cost 
incurred by audiences, consumers or other sectoral or market partic ipants as a consequence 
of the breach, 
(i) audience expectations as  to the nature of the 
programme material, 
(j) the duration of the breach, 
(k) repeated breaches by the broadcaster, 
(l) continuation by the broadcaster of—   
 
  
 
   
 
 
 
  
 
 
  
 
 
 
 
 
 
 
 
 
  
  
 
  
 (i) the breach, or 
(ii) the broadcasting of the matter to which an 
investigation relates after being notified o f 
the investigation under section 53 (3) (a) , 
(m) the extent to which— 
(i) the management of the broadcaster knew, or 
ought to have known, that the breach was 
occurring or would occur, and 
(ii) any breach was caused by a third party, or any 
relevant circumstances beyond the control o f 
the broadcaster, 
(n) the absence, ineffectiven ess or repeated failure o f 
internal mechanisms or procedures of the 
broadcaster intended to prevent breach by the 
broadcaster, 
(o) the extent to which the broadcaster had taken steps 
in advance to identify and mitigate external factors that might result in a breach, 
(p) the extent and timeliness of any steps taken to end 
the breach in question, and any steps taken for remedying the consequences of the breach, 
(q) submissions by the broad caster on the appropriate 
amount of a financial sanction, 
(r) whether a financial sanction in respect of similar 
conduct has already been imposed on the broadcaster by the Court or Authority, and 
(s) any precedents set by the Court or Authority in 
respect of previous breaches or failures to co­operate with an investigation. 
Chapter 3 
Notifications 
Notifications. 57.— (1) Where a notification is re quired under this Part to be 
given to a broadcaster or contractor, it shall be addressed to the 
broadcaster or contractor and shall be given to the broadcaster or 
contractor in one of the following ways—   
 
  
 
  
 
 
 
  
   
 
  
 
  
 
  
 
  
 
 
 
 
 
 (a) by delivering it to the br oadcaster or contractor, 
(b) by leaving it at the address at which the 
broadcaster or contract or carries on business, 
(c) by sending it by post in a pre-paid registered letter 
addressed to the broadcaster or contractor at the 
address at which the broadcaster or contractor carries on business, 
(d)
 if an address for the se rvice of a notification has 
been furnished by the broadcaster or contractor, 
by leaving it at, or sending it by pre-paid registered post addresse d to the broadcaster or 
contractor to, that address, or 
(e) by sending it by means of electronic mail or a 
facsimile machine, to a device or facility for the reception of electronic ma il or facsimiles located 
at the address at which the broadcaster or contractor carries on business or, if an address for the service of a notification has been furnished by the broadcaster or contr actor, that address, but 
only if— 
(i) the sender’s— 
(I) facility for the reception of electronic 
mail generates a message confirming a 
receipt of the electronic mail, or 
(II)
 facsimile machine generates a message 
confirming successful transmission o f 
the total number of pages of the notification, 
and 
(ii) the notification is also given in one of the 
other ways mentioned in any of the 
preceding paragraphs. 
(2) For the purposes of subsection (1), a company registered 
under the Companies Acts is deemed to be ordinarily resident at its registered office, and ever y other body cor porate and every 
unincorporated body is deemed to be  ordinarily resident at its 
principal office or place of business. 
(3) A copy of a notification, which has endorsed on it a 
certificate purporting to be signe d by an investigator under  
  
 
  
 
 
   
 
 
 
 
 
 
 
  
 
   
 
 
 
 
 
 
 Interpretation ( Part 6 ). 
Broadcasting licence. Chapter 1 or investigating officer under Chapter 2 , as the case 
may be, stating that the copy is a true copy of the notification 
may, without proof of signature of  that person, be produced in 
every court or before the Author ity and in all le gal proceedings 
and is evidence, unless the contra ry is shown, of the notification. 
(4) In this section “notifica tion” means a notification under 
this Part. 
PART 6 
Broadcasting Contracts and Content Provision Contracts — 
Commercial and Community Broadcasters
 
58.— (1) In this Part— 
“ broadcasting licence ” means a licence granted under section 
59 ; 
“ sound broadcasting contract ” m eans a contract entered into 
under section 63 ; 
“ television programme service contract ” means a contract 
entered into under section 70  . 
(2) Any contract in respect of broadcasting ente red into under 
an enactment repealed by section 3 by the BCI with another 
person which is in force immediately before the passing of this 
Act continues in force as if made under the corresponding provision of this Part and has effect accordingly. 
59.— (1) The Authority shall not  authorise a broadcasting 
contractor to operate a broadcasting transmitter and provide a 
broadcasting service under a broa dcasting contract unless and 
until the Communications Regul ator has granted under this 
subsection to the Authority a licence (“broadcasting licence”) under section 5 of the Act of 1926 in respect of the sound or 
television broadcasting transmitter to which the contract relates. 
(2) A broadcasting licence shall be valid only for such period 
of time as a broadcasting contract between the Authority and a broadcasting contractor is in force. 
(3) Every broadcasting contract  shall contain a condition 
requiring the broadcasting contract or concerned to establish, 
maintain and operate the broadcasting transmitter concerned in accordance with such terms and conditions as the Communications Regulator attaches  to the broadcasting licence  
 
 
 
 
  
 
 
 
 
 
 
 
 
 
 
 
  
 
 
 
  
 
 
 
 Variation of broadcasting 
licence. to which the contract relates (inc luding any variations made to it 
in accordance with section 60  ), and so long as the terms and 
conditions are complied with, the contract has the effect o f 
conveying the benefits of th e licence to the broadcasting 
contractor and any such transmitter so established, maintained 
and operated shall be deemed to be licensed for the purposes o f 
the Act of 1926. 
(4) Every broadcasting licence shall be open to inspection by 
members of the public at the Auth ority’s registered office, at 
such times as the Authority c onsiders reasonable during office 
opening hours. 
60.— (1) The Communications Regulator may vary any term 
or condition of a broadcasting licence— 
(a) if it appears to it to be necessary so to do in the 
interest of good radio frequency management, 
(b) for the purpose of giving e ffect to any international 
agreement to which the State is a party and which has been ratified by the St ate and which relates to 
broadcasting, 
(c) if it appears to it to be in the public interest so to 
do, 
(d) if it appears to it to be  necessary for the safety or 
security of persons or property so to do, 
(e) on request from the Authority after consultation 
with any affected broadcasting contractor, or 
(f) on request from the Authority on behalf of a 
broadcasting contractor. 
(2)
 (a) If the Communications  Regulator, for any 
reason specified in paragraph (a) , (b) or (c)  of 
subsection (1)  proposes to vary, under this 
section, any term or condition of a broadcasting licence, the Regulator shall, by notice in writing, inform the Authority of the Regulator’s intentions and of the reasons for it.  The Authority shall, 
within 7 days of receiving the notice, give notice in writing to the br oadcasting contractor 
concerned of the intention. 
(b) The broadcasting contractor  shall have the right to 
make representations in writing to the Authority  
 
  
 
 
  
 
 
 
 
 
 
 
 
 
  
 
  
 
  
 
 in respect of the Comm unications Regulator’s 
intentions, within 21 days after the service of the 
notice by the Authority. 
(c) The Authority shall transmit any such 
representations to the Communications Regulator within a further 7 days and the Communications Regulator, having considered  the representations, 
may make such decision thereon as seems to it to be appropriate. 
(3)
 (a) If, having considered the representations (i f 
any) which have been notified to it by the Authority by or on behalf of a broadcasting contractor, the Communications Regulator decides to vary any term or condition of a licence, 
it shall, by notice in writ ing, inform the Authority 
of its decision. 
(b) The Authority shall, within  7 days of receipt of the 
Communications Regulato r’s decision by notice 
in writing inform the broadcasting contractor o f 
that decision. 
(c) On and from the day following service on the 
contractor of notice of the Communications 
Regulator’s decision the lic ence shall have effect 
subject to the variation of it by that decision. 
(4) Where a notice is required unde r this section to be given to 
the Authority or a broadcasting contractor, it shall be addressed 
to the Authority or the broad casting contractor and shall be 
given to the Authority or the br oadcasting contractor in one o f 
the following ways— 
(a) by delivering it to the Authority or the 
broadcasting contractor, 
(b) by leaving it at the addre ss at which the Authority 
or the broadcasting contractor carries on business, 
(c) by sending it by post in a pre-paid registered letter 
addressed to the Authority or the broadcasting 
contractor at the addres s at which the Authority 
or the broadcasting contractor carries on business, 
(d) if an address for the service of a notice has been 
furnished by the Authority  or the broadcasting 
contractor, by leaving it at, or sending it by pre­ 
  
   
 
  
 
  
 
  
 
 
 
 
 
  
 
 
 
 
 
  paid registered post addressed to the Authority or 
the broadcasting contractor to, that address, or 
(e) by sending it by means of electronic mail or a 
facsimile machine, to a device or facility for the reception of electronic ma il or facsimiles located 
at the address at which the Authority or the 
broadcasting contractor carries on business or, i f 
an address for the servi ce of a notification has 
been furnished by the Authority or the 
broadcasting contractor, that address, but only if— 
(i) the sender’s— 
(I) facility for the reception of electronic 
mail generates a message confirming a receipt of the electronic mail, or 
(II)
 facsimile machine generates a message 
confirming successful transmission o f 
the total number of pages of the notice, 
and 
(ii) the notice is also given in one of the other 
ways mentioned in any of the preceding 
paragraphs. 
(5) For the purposes of subsection (4) , a company registered 
under the Companies Acts is deemed to be ordinarily resident at its registered office, and ever y other body cor porate and every 
unincorporated body is deemed to be  ordinarily resident at its 
principal office or place of business. 
Emergencies. 61.— (1) In this section “ netw ork provider ” means a person 
providing or operating an elect ronic communications network 
which is used for the distributi on, transmission or retransmission 
of broadcasting serv ices to the public. 
(2) During the continuance of  any national emergency, the 
Minister may suspend any broadcasting licence or multiplex licence as defined in section 129 and, while any such suspension 
continues, the Minister may operate any service which was 
provided under the suspended licence  or require such service to 
be operated as he or she directs. 
(3) The Authority shall have the power to require 
broadcasting contractors and netw ork providers to co-operate  
  
 
  
 
 
 
  
 
 
 
 
 
 
 
  
 
 
 
 
  
  Restriction on award of 
sound broadcasting contract. with the relevant public  bodies in the dissem ination of relevant 
information to the public in th e event of a major emergency. 
(4) If and whenever the Minister shall exercise the powers 
conferred on him or her by subsection (2)  the broadcasting 
contractor or multiplex contractor shall be entitled to receive from the Minister, with the consent of the Minister for Finance— 
(a)
 such sums as are required to defray any expenses 
which, regard being had to the nature of the emergency, have been properly and necessarily incurred by the broadcasting contractor or multiplex contractor and for meeting which revenue is by reason of the exercise of such 
powers not otherwise available to the 
broadcasting contractor or multiplex contractor, 
and 
(b) compensation for any damage done to any property 
of the broadcasting contractor or multiplex contractor, being damage di rectly attributable to 
the exercise of such powers. 
(5)
 At the request of the Minist er, the Authority shall direct a 
broadcasting contractor to allocate broadcasting time for 
announcements for and on behalf of any Minister of the Government, in the event of a major emergency, in connection with the functions of that Minister of the Government. The broadcasting contractor shall comply with the direction. 
(6) At the request of the Minist er, the Authority shall direct a 
network provider, in a manner to  be specified by the Authority, 
to carry broadcast announcements for and on behalf of any Minister of the Government, in the event of a major emergency, in connection with the functions  of that Minister of the 
Government. The network provid er shall comply with the 
direction. 
(7)
 In complying with  a direction under subsection (5)  or (6)  a 
broadcasting contractor or netw ork provider may broadcast an 
announcement that it has received such a direction from the Authority. 
62.— The Contract Awards Co mmittee shall not recommend 
to the Authority the grant of a sound broadcasting contract to a 
person who has been convicted of  an offence under section 3(3) 
(inserted by section 181 (2) ) of the Act of 1926 or under section  
 
 
 
 
 
 
 
 
  
 
  
 
 
 
 
  
 
 
 
 
  
 Sound broadcasting 
contracts. 
Community sound 
broadcasting contracts. 
Applications for sound 
broadcasting contracts. 3, 4 or 5 of the Act of 1988 if th e conviction occurred less than 
12 months before the first day on which the person proposes to engage in sound broadcasting activ ities to which the application 
for the sound broadcasti ng contract relates. 
63.— The Authority, on the recommendation of the Contract 
Awards Committee, shall enter into contracts (“ sound 
broadcasting contracts” ) with persons (“ sound broadcasting 
contractors ”) under which the sound broadcasting contractors 
have, subject to this Part, th e right and duty to establish, 
maintain and operate sound broadc asting transmitters serving the 
areas specified in the sound br oadcasting contract and to 
provide, as the sound broadcasting contract may specify, a sound 
broadcasting service. 
64.— The Authority, on the recommendation of the Contract 
Awards Committee, may enter into a class of sound broadcasting contract (“ community sound broadc asting contract ”) with 2 or 
more members of a local community or of a community o
f 
interest if it is satisfied that— 
(a) those members are representative of, and 
accountable to, the community concerned, and 
(b) the supply of programme material in pursuance o f 
the contract will be effected with the sole objective of— 
(i) specifically addressing the interests of, and 
seeking to provide a so cial benefit to, the 
community concerned, and 
(ii) achieving a monetary reward of no greater 
amount than is reasonably necessary to defray the expenses that  will be incurred in 
effecting that supply. 
65.— (1) In order to secure the orderly development o f 
broadcasting services and to allo w for the establishment of a 
diversity of services in an area cat ering for a wide range of tastes 
including those of minority interests, the Authority shall liaise and consult with the Communications Regulator in the preparation by that body of an a llocation plan for the frequency 
range dedicated to sound broadcasting. 
(2) The Authority, having regard to an allocation plan under 
subsection (1)  and after consultation with the Communications 
Regulator, in respect of the availability of radio frequencies for  
 
 
 
 
 
 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
  
 sound broadcasting se rvices shall— 
(a) specify the area (which area may consist of the 
whole or any part of th e State) in relation to 
which applications for a sound broadcasting 
contract are to be invited, and 
(b) direct the Contract Awards Committee to invite 
applications for sound broadcasting contracts for the area specified and the Committee shall comply with such direction. 
(3) Where the Authority proposes to specify an area under 
subsection (2) , the Authority may conduct, or arrange for there 
to be conducted, either or both— 
(a)
 a study in that area or amongst a community o f 
interest for the purposes of ascertaining the interests and wishes of that area or community in respect of sound broadcasting services, or 
(b) a study as to the sectoral impact of an additional 
sound broadcasting contr act in that area. 
(4) The Authority shall publis h the results of any study 
conducted under subsection (3)  on a website maintained by the 
Authority. 
(5) The Authority may direct the Contract Awards Committee 
to consider the results of a study conducted under subsection (3) 
in complying with a direction under subsection (2) , and the 
Contract Awards Committee shall comply with such an additional direction. 
(6) On receipt of a direc tion from the Authority under 
subsection (2)  the Contract Awards Committee may, in 
accordance with the terms of an y such direction, by public 
notice invite expressions of intere st in the securing of contracts 
for sound broadcasting services unde r this Act. Any expressions 
of interest must be made within 60 days of the date of such notice and must indicate in general terms the type of service that would be provided and shall not be  regarded as an application 
for a sound broadcasting contract. 
(7) A public notice under subsection (6)  may invite all 
interested parties to express th eir views on the type of sound 
broadcasting service proposed. 
(8) The Contract Awards Committee shall, subject to this Part, 
invite applications for a sound broadcasting contract for the  
 
 
 
 
 
 
 
 
 
  
   
 
 
 
 
  
 
 
  
 
 
  
 Determination of 
applications for award of sound broadcasting 
contracts and television 
programme service contract. provision of a sound broadcasting service in each area specified by the Authority under subsection (2)  and, subject to this Part, 
may recommend that the Authority enter into such contract, and the Authority shall follow any such recommendation. 
(9) 
Where the Contract Awards Committee invites 
applications for a sound broadcas ting contract for the provision 
of a sound broadcasting service it shall by public notice specify 
the area in relation to which the sound broadcasting service is to 
be provided pursuant to such contract and by such notice shall 
invite persons interested in providing such a service to apply for such contract. 
(10) In considering applicati ons for the award of a sound 
broadcasting contract the Contract Awards Committee shall 
determine applications in accordance with section 66  and assign 
a score to each, or a combinati on of, the criteria specified in 
section 66 (2)  and the Contract Awards Committee shall inform 
each person who has indicated his or her intention of being an applicant for a contract of such assignment. 
(11) The Contract Awards Committee shall in reaching its 
decision as to the award of a s ound broadcasting contract assign 
an agreed score to each of the applications received in 
accordance with subsection (10) . 
(12) The Contract Awards  Committee’s view on an 
assignment of a score under subsection (11)  shall be determined 
by a majority of the votes of the members of the Contract 
Awards Committee. 
(13) Every notice under subsection (9)  shall— 
(a) be published on a website maintained by the 
Authority, and where appropriate, in a newspaper circulating in the area to be served, 
(b) specify the procedure to be followed in order to 
make an application, and 
(c) specify any other matters which appear to the 
Contract Awards Committee to be necessary or relevant. 
66.— (1) The Contract Awards Committee shall, in 
accordance with this Part, consider every application received by it—  
  
  
 
  
 
 
 
 
 
 
  
 
 
  
 
  
 
  
 
 
 
 
 
 
  (a) for a sound broadcasting contract made under 
section 65 (8) , or 
(b) for a television programme service contract, 
for the purpose of determining the most suitable applicant, i f 
any, to be awarded a broadcasting contract. 
(2) In the consideration of applications referred to in 
subsection (1)  received by it and in determining the most 
suitable applicant to be awarde d a broadcasting  contract, the 
Contract Awards Committee shall have regard to— 
(a) the character, expertise and experience of the 
applicant or, if the applicant is a body corporate, the character expertise and experience of the 
body and its directors, manager, secretary or 
other similar officer and its members and the persons entitled to the beneficial ownership of its shares, 
(b) the adequacy of the financial resources that will be 
available to each applicant and the extent to which the application accords with good business and economic principles, 
(c)
 the quality, range and type of the programmes 
proposed to be provided by each applicant or, i f 
there is only one applicant, by that applicant, 
(d) the quantity, quality, range and type o f 
programmes in the Irish language and the extent of programmes relating to Irish culture proposed 
to be provided, 
(e) the extent to which the a pplicant will create within 
the proposed broadcasting service new 
opportunities for talent in music, drama and entertainment and in particular in respect of Irish culture, 
(f) the desirability of having a diversity of services in 
the area specified in the notice catering for a wide range of tastes includ ing those of minority 
interests, 
(g)
 the desirability of allowing any person, or group o f 
persons, to have control of, or substantial interests in, an undue number of sound  
 
  
 
 
 
  
 
 
 
  
 
 
   
 
  
  
 
 
 
  
 
 
 
 broadcasting services in re spect of which a sound 
broadcasting contract has been awarded under 
this Part, 
(h) the desirability of allowing any person, or group o f 
persons, to have control of, or substantial interests in, an undue number of sound 
broadcasting services in the area specified in the 
notice, 
(i) the desirability of allowing any person, or group o f 
persons, to have control of, or substantial interests in, an undue amount of the communications media in the area specified in the notice, 
(j) the extent to which the service proposed— 
(i) serves recognisably lo cal communities and is 
supported by the various interests in the community, or 
(ii) serves communities of interest, 
(k) any other matters which the Contract Awards 
Committee considers to be necessary to secure the orderly development of broadcasting services, and 
(l) where directed by th e Authority, any of— 
(i) the amount of a single cash sum payment, as 
specified by the applic ant during the course 
of his or her application, which the applicant 
is willing to pay to the Authority in respect 
of the award of the broadcasting contract, 
(ii) the amount of a periodic cash sum payment, 
as specified by the applicant during the course of his or her application, which the 
applicant is willing to pay to the Authority in respect of the award of the broadcasting contract, and 
(iii) the amount of a pe riodic cash sum payment 
determined by reference to a variable, as specified by the applic ant during the course 
of his or her application, which the applicant is willing to pay to the Authority in respect of the award of the broadcasting contract.  
 
 
 
 
 
 
   
 
  
   
   
  
 
 
 
  
  
 
 
 
 
 
 Fast-track application 
process for award of sound 
broadcasting contracts. (3) In considering the suitability of any applicant for the 
award of a sound broadcasting contract to provide a sound 
broadcasting service in respect of an area which includes a 
Gaeltacht area, the Contract Awards Committee shall have particular regard to the continuance and advancement as a spoken language of the Irish language. 
(4) In considering the suitability of an applicant for the award 
of a broadcasting contract, the Contract Awards Committee shall have regard to— 
(a)
 the overall quality of the performance of the 
applicant with respect to the provision by him or her of a broadcasting service under any 
broadcasting contract held by him or her at, or 
before, the date of the making of the application, 
and 
(b) reports of the Compliance Committee. 
(5) Where the Contract Awards Committee decides to refuse 
to recommend the award of a broadcasting contract to an applicant, the Contract Awards Committee shall notify the applicant of— 
(a) the reasons for the decision, 
(b) the score of the applicant, and 
(c) the score of any su ccessful applicant. 
(6) In this section “notice” means a notice under section 65 
(9). 
67.— (1) In this section— 
“ Committee ” means Contract Awards Committee; 
“ fast-track procedure ” mean s a procedure provided for under 
subsection (2) ; 
“ incumbent ” means the hol der of a sound broadcasting 
contract which is the subject of a notice under section 65 (6) . 
(2) Where, in the opinion of the Committee, the only response 
made in good faith pursuant to a public notice under section 65 
(6), is received from the incumbent, then the Committee may at 
its discretion propose to invoke a fast-track procedure under 
subsection (6) .  
  
 
  
 
 
 
 
  
  
 
 
 
   
 
  
 
 
 
  
 
 
 
 
   
  
 
  (3) Where the Committee proposes to invoke a fast-track 
procedure, it shall by notice pub lished on a website maintained 
by the Authority, and where appropriate in a newspaper 
circulating in the area to be se rved, state its intention to invoke 
such a procedure. 
(4) If a person, other than the in cumbent, within 28 days of a 
notice published under subsection (3) — 
(a) submits in writing that he  or she wishes to apply 
for the award of a sound br oadcasting contract for 
the area concerned, and 
(b) deposits such a sum with the Authority as is 
specified by the Commi ttee in any notice under 
subsection (3) , not exceeding €25,000, 
then the Committee shall proceed to— 
(i) invite applications 	 for the award of a sound 
broadcasting contract for the area concerned 
under section 65 (8) , or 
(ii) refer the matter to the Authority for direction. 
(5) Where, in the opinion of the Committee, an application 
under section 65  has been received conse quent to a submission 
under subsection (4)  then any sum deposited under subsection 
(4) shall be refunded in full. 
(6) In the event that no written submission and associated 
deposit are received under subsection (4)  the Committee may— 
(a) request the Compliance Committee to prepare a 
report on the incumbent’s compliance with the 
terms of its sound broadcasting contract and Part 
3 , 
(b) invite the incumbent to make a proposal to amend 
the terms of his or her sound broadcasting 
contract, and 
(c) suggest to the incumben t possible amendments to 
the terms of his or her contract. 
(7) A proposal received under subsection (6)  must address— 
(a) the matters outlined in section 66  , and 
(b) such other matters as the Committee may consider 
relevant.  
 
 
 
  
 
 
 
 
 
 
  
 
 
 
 
 
 
 
 
 
 
 
  
  Sound broadcasting 
contracts for temporary or 
institutional sound broadcasting services. (8) On consideration of a proposal received under subsection 
(6) the Committee may— 
(a) reject the contractual changes proposed by the 
incumbent and proceed to invite applications under section 65 (8)  from other persons for the 
area concerned, 
(b) refer the matter to the Authority for direction, or 
(c) recommend to the Authority, and the Authority 
shall follow any such recommendation, that the Authority agree the am ended contract terms 
recommended by the Committee with the incumbent. 
(9) The term of any contra ct extension agreed under 
subsection (8)  shall not exceed 10 years. 
(10) All payments made to the Authority under subsection (4) 
(b) and subsequently forfeited by the applicant shall be paid into 
or disposed of for the benefit of  the Exchequer in such manner 
as the Minister for Finance may direct. 
68.— (1) The Authority, on the recommendation of the 
Contract Awards Committee, may, in any period of 12 months, enter into a sound broadcasting cont ract with an applicant for the 
provision in such area as may be  specified in the contract of a 
sound broadcasting service for a period of— 
(a) not more than 30 days (whether consecutive days 
or otherwise) in that period of 12 months, or 
(b)
 if the application is for a community sound 
broadcasting contract, not more than 100 days 
(whether consecutive days or otherwise) in that period of 12 months. 
(2) The Authority, on the recommendation of the Contract 
Awards Committee, may enter into a sound broadcasting contract with an applicant fo r the provision of a low-power 
sound broadcasting service which is  intended to serve only such 
single educational institution, hospital, or other similar establishment as may be specified in the contract. 
(3) Section 39 (1) (c)  does not apply to a contract awarded for 
the provision of a sound broadcas ting service unde r this section. 
(4) Sections 65  and 66 do not apply in the case of a contract   
 
 
 
 
  
 
 
 
  
 
  
 
 
 
 
  
 
 
 
  
 
 
 Terms and conditions of 
broadcasting contract. applied for, or awarded, for the provision of a sound broadcasting service under this section. 
69.— (1) Every broadcasting contract may contain such terms 
and conditions as the Authority thinks appropriate and specifies in the contract. 
(2)
 Without prejudice to the generality of subsection (1) , the 
Authority may specify in a broadcasting contract all or any o f 
the following terms or conditions: 
(a) the period during which the contract shall continue 
in force; 
(b) whether the contract may be renewed and, if so, the 
manner in which, the terms on which, and the period for which, the contract may be so renewed; 
(c) a condition prohibiti ng the assignment of the 
contract or of any interest in it; 
(d) if the broadcasting contractor is a company, a 
condition prohibiting any alteration in the Memorandum or Articles of Association of the company or in so much of that Memorandum or of those Articles as may be specified or 
prohibiting any material change in the ownership of the company; 
(e)
 a condition requiring the broadcasting contractor to 
provide the quality, range and type o f 
programmes which he or she proposed to offer in 
his or her application for the award of the 
contract; 
(f) a condition requiring the sound broadcasting 
contractor to pay to the Authority the amount which the contractor sp ecified in his or her 
application. 
(3)
 If a broadcasting contract does not contain a condition o f 
the type specified in paragraph (c)  or (d) of subsection (2) , the 
following provisions shall have effect: 
(a) a broadcasting contract, or any interest in a 
broadcasting contract, shall not be assignable, nor 
shall any alteration be made in the Memorandum 
or Articles of Association of any company which  
  
 
 
 
 
 
 
 
  
 
 
 
 
 
  is a broadcasting contract or, nor shall there be 
any material change in the ownership of such a 
company, without the previous consent in writing of the Authority, and the Authority may, if it considers it reasonable so to do, refuse such consent; 
(b)
 in considering whether to grant its consent to an 
assignment of a broadcasting contract, a change in the Memorandum or Ar ticles of Association o
f 
a company which is a broadcasting contractor, or a material change in the ownership of such a company, the Authority shall have regard to the criteria specified in section 66 (2)  and, where 
applicable, section 66 (4) . 
(4) Every broadcasting contract shall provide that the 
broadcasting contractor shall provide such information (including copies of hi s or her accounts) wh ich the Authority or 
the Compliance Committee considers it requires in order to enable it carry out its f unctions under this Act. 
(5) Every broadcasting contract shall be open to inspection by 
members of the public at the Au thority’s registered office and 
the Authority shall, on request made by any person and on payment of such sum (if any) as the Authority may reasonably require, give to that person a copy of that contract. 
(6)
 In order to avoid the loss  of sound programme material 
inimical to the preservation of a hi storical record of Irish culture, 
heritage and experience and as an initial step towards the development of an integrated approach to the archiving o
f 
programme material produced in the State, every sound 
broadcasting contract shall contain a term or condition requiring 
the sound broadcasting contractor to make a recording and to 
store categories of programme ma terial, which may be inspected 
by the Authority, for the term of the sound broadcasting contract 
and for a period of 6 years thereafter. 
(7) The Authority shall, within one year of the passing of this 
Act, prescribe a format and categories to be followed by sound 
broadcasting contractors for the purposes of the storing and 
recording of programme ma terial as required under subsection 
(6). 
(8) The Authority may vary the categories and amounts o f 
programme material required to be recorded and stored by a 
sound broadcasting contractor havi ng regard to the nature and  
 
 
  
   
  
  
 
  
 
 
 
 
  
 
 
 
  
 
 
 
 
 
  Television programme 
service contract. amount of programme material broadcast by the sound 
broadcasting contractor and any fina ncial burden associated with 
such recording and storage. 
(9) In carrying out its duties under subsections (7)  and (8)  the 
Authority shall have due regard to programme content which: 
(a) is in the Irish language, 
(b) relates to Irish culture and life, 
(c) concerns Irish music, drama and entertainment, 
(d) is news, current affairs or documentary, 
(e) is in any other category identified by the Authority 
and which the Authority deems is worthy o f 
maintenance and preservation. 
(10) The Authority may store on behalf of a sound 
broadcasting contractor or a person who held a sound 
broadcasting contract any programme material recorded under 
subsection (6) . 
(11) The making of a recordi ng and storage of programme 
material in compliance with subsection (6)  or (10) is not a 
contravention of the Copyright and Related Rights Act 2000 . 
(12) The Authority shall report to the Minister on an annual 
basis in relation to the perf ormance of its duties under 
subsections (7) , (8), (9) and (10). 
(13) Any amount paid to the Authority by a contractor, being 
an amount which the contractor specified in his or her application, shall be paid into or disposed of for the benefit o
f 
the Exchequer in such manner as the Minister for Finance may 
direct. 
70.— (1) The Authority, on the recommendation of the 
Contract Awards Committee, shall enter into a contract 
(“ television prog ramme service contract ”) with a person or 
persons (“ television prog ramme service contractor ”) who shall have the right and duty to esta blish and maintain a television 
programme service and who, subject to section 139  , shall have 
the right and duty, subject to the terms of the contract, to establish, maintain and opera te television broadcasting 
transmitters for the purpose of transmitting the television programme service as a free-to-air service. 
(2) The Authority shall ensure that a television programme  
 
 
 
 
 
 
 
 
 
 
  
 
 
 
 
 
  
 
 
  
 
  
 
  service provided by a television programme service contractor 
under this section sha ll in its programming— 
(a) be responsive to the inte rests and concerns of the 
whole community, be mind ful of the need for 
understanding and peace within the whole island 
of Ireland, ensure that the programmes reflect the varied elements which make up the culture of the people of the whole isla nd of Ireland, and have 
special regard for the el ements which distinguish 
that culture and in particular for the Irish language, 
(b) uphold the democratic values enshrined in the 
Constitution, especially those relating to rightful liberty of expression, 
(c) have regard to the need for the formation of public 
awareness and understanding of the values and traditions of countries other than the State, including in particular those of other Member 
States, and 
(d) include a reasonable proportion of news and 
current affairs programmes. 
(3)
 A television programme serv ice contractor shall in its 
programming comply with the requirements set out in 
paragraphs (a)  to (d) of subsection (2) . 
(4) For the purpose of ensuring compliance with subsection 
(2) the Authority shall ensure th at a reasonable proportion of the 
television programme service— 
(a) is produced in the State or in another Member 
State, and 
(b) is devoted to original programme material 
produced therein by persons other than the contractor, its subsidiary, its parent or existing broadcasting organisations. 
(5)
 The television programme se rvice contract entered into 
between TV3 Television Networ k Limited trading as TV3 and 
the BCI under section 17 of th e Radio and Television Act 1988 
and section 6 of the Broadcasting Act 1990 , if in force immediately before the passing of this Act, continues as i
f 
entered into under this section. 
(6) The Authority shall ensure that any contract entered into  
 
 
 
   
   
 
  
  
 
 
 
  
 
 
 
  
 
 
 
 
 Content provision 
contracts. by it under this section and any such contract renewed by it 
under this Act, contains a term providing that the expression “independent television programme”,  where used in the contract, 
has the same meaning as it has in section 116  . 
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, a MMD system, a fixed or mobile terrestrial network, a cable  television network, an 
internet protocol televi sion 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 fo r 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) The Authority, on the recommendation of the Contract 
Awards Committee, may enter in to 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 c ontract shall include— 
(a) a condition requiring the hol der of the contract to 
comply with any broadcas ting codes or 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  
 
 
 
 
  
 
 
 
 
 
 
  
 
 
 
 
 
  
 
 
 Community content 
provision contracts. 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— 
(a) contravenes Article 22 or 3b of the Council 
Directive or the Prohibition of Incitement to Hatred Act 1989 , 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 th e contracts it may enter into 
under this section into  different classes by reference to the 
different conditions which, in purs uance of its powers under this 
Act, it may attach to the contra cts and may style each such class 
of contract by the addition of su ch 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. I
f 
that person fails to pay that f ee to the Authority, the Authority 
shall not enter into the c ontract with him or her. 
(9) The Authority may specify di fferent 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. 
72.— (1) Subject to this section, 2 or more members of a local 
community or community of interest may supply a compilation of programme material for the purposes of its being transmitted as a broadcasting service under and in accordance with a MMD system transmission licence or by an appropriate network provider referred to in section 77 (1) . 
(2) Subject to subsections (3)  and (4) , the Authority may enter 
into a class of content provision contract (“ community content pro vision contract ”) with 2 or more members of a local  
 
 
 
 
  
 
  
 
 
 
 
 
 
 
 
  
 
 
  
 
 
  community or a community of interest whereby those members 
may supply a compilation of programme material for the purposes referred to in subsection (1)  if it is satisfied that— 
(a) those members are representative of, and 
accountable to, the community concerned, and 
(b)
 the supply of programme material in pursuance o f 
the contract will be effected with the sole objective of— 
(i) specifically addressing the interests of, and 
seeking to provide a so cial benefit to, the 
community concerned, and 
(ii) achieving a monetary reward of no greater 
amount than is reasonably necessary to defray the expenses that  will be incurred in 
effecting that supply. 
(3) The Authority shall not enter into a community content 
contract save after consultation wi th the person w ho it appears to 
the Authority will transmit or, as the case may be, will be the subject of a requirement under section 76 (4)  or 77 (8)  to 
transmit, the programme material supplied pursuant to the contract as a broa dcasting service. 
(4) The Authority shall esta blish procedures whereby 
members of local communities are enabled, at regul ar intervals, 
to make submissions to the Authority as to what particular contracts ought, in their opinion, to be ente red into under this 
section and what particular te rms and conditions ought, in their 
opinion, to be included in such  contracts and requiring the 
Authority to furnish, on request, to any such members particulars of any proposals fo rmulated, for the time being, by 
the Authority itself with regard to each of those matters. 
(5) Before entering into a community content provision 
contract, the Authority shall ha ve regard to any submissions 
made to it under and in accordance with procedures established 
under subsection (4)  and which appear to it to be of relevance to 
that contract. 
(6)
 The Authority shall conduct,  or arrange with members o f 
the local community or community  of interest concerned for 
there to be conducted, a survey, which shall be as comprehensive as is practicab le, amongst members of that 
community for the purpose of ascertaining—  
  
 
 
  
  
 
  
 
  
 
 
 
 
 
 
  
 
 
 
 
 
 
 (a) the extent to which that community is facilitated in 
the active participation by it in the compilation 
and transmission of the programme material supplied pursuant to a community content provision contract, 
(b) the extent to which those members view any 
broadcasting service on which there is transmitted that programme material, and 
(c) the opinion of those me mbers with regard to— 
(i) the quality of that programme material, and 
(ii) whether that materi al specifically addresses 
the interests of their community, 
and shall have regard to the results of such a survey in 
deciding, in relation to any community content provision 
contract it proposes to enter into with members of that 
community next after the conduct of that survey, with whom it 
shall enter into such a contract and the nature of the terms and 
conditions it may includ e in that contract. 
(7) If the holder of a MMD system transmission licence is 
required under section 76 (4) , or an appropriate network 
provider referred to in section 77 (1)  is required under 
subsection (8)  of that section, to transmit as a broadcasting 
service the programme material supplied pursuant to a 
community content provision contract, the holder or an appropriate network servi ce provider shall not be— 
(a) under any duty to ensure that the material complies 
with the terms and conditions  of that contract or 
the requirements of Part 3  , 
(b) 
regarded, for the purposes of the law o f 
defamation, malicious falsehood or any other form of civil liability as having, by virtue of such transmission, published the material, or 
(c) liable in damages, by virt ue of such transmission, 
for any infringement of copyright, other intellectual property rights or other legal rights o
f 
any person. 
Assessment of community 73.— The Authority may, of its own initiative or at the needs in respect of broadcasting. request of a local community or community of inte rest, carry out 
an assessment of the needs of a community in respect o f  
 
 
 
 
 
  
 
 
 
 
 
 
  
 
 
 
  
   Electronic programme guides. broadcasting and such an assessment shall include an 
ascertainment of the extent to which production facilities, 
training and resources are available to the community to enable the community to best serve its interests in respect of those needs. 
74.— (1) In this section “ el ectronic 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 an 
electronic programme guide ot herwise than under and in 
accordance with an electronic programme guide contract. 
(3) The Authority may enter into a contract (“ electronic prog 
ramme guide contract ”) with a person whereby that person may 
prepare and make available fo r use one or more electronic 
programme guides. 
(4) An electronic programme gui de contract shall include a 
condition requiring the holder of th e contract to comply with 
rules under section 75  in respect of the electronic programme 
guide or guides prepared by hi m or her under that contract. 
(5) An electronic programme gui de contract shall include a 
condition requiring the holder of the contract to ensure that the electronic programme guide or  guides prepared under the 
contract prioritise within the guide or guides the positioning o
f 
each broadcasting service provide d in the State by RTÉ, TG4 
and the service provided under a television programme service 
contract by the television serv ice programme contractor, where 
such broadcasting services are ma de available on the distribution 
and reception system, and a furthe r condition that the electronic 
programme guide or guides may easily be used by a member o f 
the public to access information in  relation to the schedules o f 
programme material the subject of each of the aforementioned 
broadcasting services. 
(6) A holder of an electronic pr ogramme guide contract shall 
not design an electronic programme guide in such a way as to result in a user of the guide experiencing difficulty in accessing the programme material supplied by a broadcasting contractor, a 
content provision contractor  or a broadcaster under Part 7  . 
(7) If the Authority considers it appropriate to do so in order  
 
   
 
  
 
 
  
 
 
 
 
 
 
 
 
  
  
 
  
 Rules with respect to 
programme guide contracts. 
Transmission of 
broadcasting services by 
MMD system. that members of the public may keep themselves informed of the choice of programme material  available for viewing on 
broadcasting services included as part of a multiplex (within the 
meaning of section 129 ) it may invite expressions of interest in 
the securing of an electroni c programme guide contract. 
(8) The Authority may, having examined each of the 
expressions of interest received on foot of such an invitation, 
enter into a programme guide c ontract with the person whose 
proposals for such electronic prog ramme guide or guides would, 
in its opinion, best serve the needs of the public. 
(9) The Authority may give a direction to RTÉ or a multiplex 
contractor requiring that  RTÉ or the contractor  include as part o f 
a television multiplex an electronic programme guide prepared under an electronic programme guide contract referred to in subsection (8) , and RTÉ or the contractor shall comply with the 
direction. 
(10) For the purposes of this section a teletext service shall 
not be regarded as an electronic programme guide. 
75.— The Authority, after consultation with the 
Communications Regulator, may pr epare rules with respect to 
the format in which the information in relation to schedules o f 
programme material provided by electronic programme guides 
may be presented and the making of the arrangements that are necessary to meet the requirements of section 74 (5) . 
76.— (1) The holder of a licence granted by the 
Communications Regulator being a licence that authorises the 
distribution of programme mate rial by the means of a MMD 
system, shall distribute, by those means— 
(a) in case the MMD system used by that holder is, in 
whole or in part, an analogue system, the service provided under section 70 
by the television 
service programme contractor and which that contractor requests the holder to so distribute, 
(b) in case the MMD system used by that holder is, in 
whole or in part, a digita l system, each free-to-air 
service provided by RTÉ and by TG4 and the free-to-air service provided under section 70 
by 
the television service programme contractor and which that body or contractor requests the holder to so distribute.  
  
 
 
 
 
  
 
 
 
 
 
 
  
 
 
 
  Must-carry and must-offer 
obligations. (2) If a dispute arises between th e holder of a licence referred 
to in subsection (1)  and a body or contractor referred to in 
subsection (1)  in relation to the placement by the holder, relative 
to the placement by him or her of another broadcasting service, on the system concerned of a free- to-air service provided by that 
body or contractor, being a placement made on a MMD system 
for the purposes of the holder’s complying with a request by that body or contractor under subsection (1) , as the case may be, the 
dispute shall be referred to th e Authority for its determination 
and the determination of the Authority in the matter shall be final. 
(3) The holder of a licence referred to in subsection (1)  shall 
not impose a charge in relation to the making available to a 
person of any service referred to in subsection (1)  if he or she 
imposes a charge on that pers on in relation to the making 
available of any other service to that person by means of the MMD system concerned. 
(4)
 Subject to subsection (5) , the Authority may require the 
holder of a licence referred to in subsection (1)  to distribute as a 
broadcasting service, by means of the MMD system concerned, 
the whole or part of the progr amme material supplied under one 
or more specified community content provision contracts the holders of which are members of the local community or community of interest that is served by the said system and who request the first-mentioned holder to so distribute the whole or, 
as the case may be, a part of that programme material. 
(5) Subsection (4)  shall not apply if the system used by the 
holder of the licence concerned is an analogue MMD system. 
(6) A person of whom a requirement is made by the Authority 
under subsection (4)  shall comply with that requirement. 
(7) The holder of a licence referred to in subsection (1)  shall 
not impose a charge in relation to the making available to a 
person of any servic e referred to in subsection (4) , pursuant to a 
requirement made of him or her under that subsection, if he or 
she imposes a charge on that person in relation to the making available of any other service to that person by means of the MMD system concerned. 
(8) The Authority shall report to  the Minister on an annual 
basis in relation to the op eration of this section. 
77.— (1) ( a) In this Part “appropriate network” means 
an electronic communications network provided  
 
 
 
 
  
  
 
 
  
 
  
 
 
 
  
 
  
 by a person (“appropriate network provider”) 
which is used for the distribution or transmission 
of broadcasting serv ices to the public. 
(b) For the purposes of this section a multiplex 
contractor in relation to multiplexes referred to in section 132 (1) , (2), (3) and (4) or in section 133 
is not an appropriate network provider by virtue of being a multiplex contractor or associated activities. 
(c)
 For the purposes of this  section a holder of a 
licence referred to in section 76 (1) , the terms o f 
which authorise the transmission by means of a MMD system of programme  material, is not an 
appropriate network provider  by virtue of being a 
licensee or associated activities. 
(d) For the purposes of this  section a holder of a 
licence issued under section 59  or 121  , the terms 
of which authorise the transmission o f 
programme material, is not an appropriate network provider by virtue of being a licensee under that section or a ssociated activities. 
(2) Where the Authority is of the view, after carrying out a 
review and after consultation with the Communications Regulator, that a type or class of  network system, rather than an 
individual network system, is not used by a significant number of end-users as their principal means of receiving transmissions 
of programme material, it may propos e to the Minister the full or 
partial removal of the obligations set out in subsections (3), (4), 
(5), (6), (7), (8), (9)  and (10) on that type or class of network 
system. The Minister may make  an order to that effect. 
(3)
 In the case where the appropriate network is a digital 
system, the appropriate network provider shall ensure the re­
transmission, by or through his or her appropriate network, o f 
the Houses of the Oireachtas Channel and the Irish Film 
Channel. 
(4) An appropriate network provider shall ensure the re­
transmission, by or through his or  her appropriate network, o f 
each free-to-air television service provided for the time being by RTÉ, TG4 and the free-to-a ir service provided under section 70 
by the television service programme  contractor which that body 
or contractor requests the appropr iate network provider to so re­
transmit.  
  
 
 
 
 
 
  
 
 
  
 
 
  
 
 
 
 
 (5)
 If a dispute arises betw een the appropriate network 
provider and RTÉ, TG4 or the television programme service 
contractor in relation to th e placement by the appropriate 
network provider, relative to the placement by him or her o f 
another broadcasting service, on th e system concerned of a free­
to-air service provided by that  body or contractor, being a 
placement made on an appropriate network for the purposes o f 
the appropriate network provider complying with a request by that body or contractor under subsection (4), the dispute shall be 
referred to the Authority for its determination and the determination of the Authority in the matter shall be final. 
(6) An appropriate network pr ovider shall re-transmit each 
national sound broadcasting serv ice provided for the time being 
by RTÉ and each sound broadcasting contractor and which RTÉ 
or the contractor concerned reque sts the holder to so re-transmit. 
(7) The appropriate network provider shall not impose a 
charge or allow a charge to be im posed in relation to the making 
available to a person of a ny service referred to in subsection (3), 
(4), (5) or (6) if he or she imposes a charge or allows a charge to 
be imposed on that person in relation to the making available o f 
any other service to that person by means of the appropriate 
network concerned. 
(8) The Authority may require an appropriate network 
provider to transmit as a broa dcasting service, by means o f 
specified appropriate networks (w hether analogue or digital) 
maintained by the appropriate network provider, the whole or 
part of the programme material  supplied under one or more 
specified community content pr ovision contracts the holders o f 
which are members of the local community or community o f 
interest that is served by the said appropriate network and who 
request the first-mentioned appropriate network provider to so 
transmit the whole or, as the case may be, part of that 
programme material. 
(9) A person of whom a requirement is made by the Authority 
under subsection (8)  shall comply with that requirement. 
(10) An appropriate network provider shall not impose a 
charge or allow a charge to be im posed in relation to the making 
available to a person of a ny service referred to in subsection (8) , 
pursuant to a requirement made  of him or her under that 
subsection, if he or she imposes a charge or allows a charge to 
be imposed on that person in relation to the making available o f 
any other service to that person by means of the appropriate 
network concerned.  
  
 
 
  
 
 
 
 
 
 
 
  
 
 
 
 
  
 
  
 
 
 (11) Without prejudice to th e requirements imposed under 
subsection (4) , RTÉ, TG4 and the television service programme 
contractor shall ensure that thei r must-offer services are at all 
times offered for re-transmission (subject to agreement as to fair, 
reasonable and non-discriminatory terms of use) by means o f 
any appropriate network that is  available for reception in an 
intelligible form by members of th e public in the whole of or in 
part of the State. 
(12) RTÉ, TG4 and the television service programme 
contractor shall ensure that thei r must-offer services are at all 
times offered for broadcast or re-transmission (subject to agreement as to fair, reasonable and non-discriminatory terms o
f 
use) by means of every satellite television service. 
(13) Arrangements entered into under subsection (12)  shall 
not result in an addition al charge on any subscriber to a satellite 
television service by reason of the making available to that 
subscriber of any must-offer se rvice by way of the satellite 
television service. 
(14) Subject to the requiremen ts of any contract made under 
section 74  any arrangement entered into under subsection (12) 
shall ensure that the electr onic programme guide by which 
members of the public access the satellite television service shall prioritise the positioning of the must-offer service for the purposes of that satellite television service and for the purposes of any other satellite television service which also utilises the 
same electronic programme guide  for the purposes of making a 
satellite television service available for reception in an intelligible form by members of th e public in the whole of or in 
part of the State. 
(15) The Authority shall report to the Minister on an annual 
basis in relation to the op eration of this section. 
(16)
 (a) An order under subsection (2)  shall be laid 
before each House of the Oireachtas by the 
Minister as soon as may be after it is made. 
(b) Either House of the Oireachtas may, by resolution 
passed within 21 sitting days after the day on which an order was laid before it in accordance with paragraph (a) , pass a resolution annulling 
the order. 
(c) The annulment under paragraph (b)  of an order 
takes effect immediately on the passing of the   
 
 
 
 
 
 
  
 
   
 
 
 
 
  
 
 
  
 
  
 
  
  Offences ( Part 6 ). 
Bodies corporate. 
Seals of corporations. resolution concerned but does not affect anything 
that was done under the order before the passing 
of the resolution. 
(17) In this section— 
“ must-offer service ” means a free-to-air television service 
provided for the time being by RTÉ, TG4 and the free-to-air service provided under section 70 
by the television service 
programme contractor; 
“ re-transmission ” means near-s imultaneous, unaltered and 
unabridged transmission; 
“ satellite television service ” means a service which consists 
in or involves the distribution or transmission of television 
broadcasting services from a satellite, such services then offered to the public with the intention th at such services be used by a 
significant number of the persons in the whole or part of the 
State by whom the broadcasts are received in an intelligible form as their principal means of receiving television programmes. 
78.— (1) A person who contravenes section 71 (1)  or 74 (2) 
commits an offence. 
(2) A person guilty of an offence under subsection (1)  is 
liable— 
(a) on summary conviction, to a fine not exceeding 
€5,000, or 
(b) on conviction on indi ctment, to a fine not 
exceeding €100,000. 
PART 7 
Public Service Broadcasting 
Chapter 1 
Public Service Broadcasting Corporations — Common 
Provisions
 
79.— Each corporation continue s as a body corporate with 
perpetual succession and power to sue and be sued and to 
acquire, hold and dispose of land. 
80.— (1) A corporation shall as soon as may be after the 
passing of this Act provide itself with a new seal.  
 
 
  
 
   
 
 
 
 
 
  
  
 
 
 
 
 
 
 
 
 Appointment of board. (2) The seal of a corporation shall be authenticated by the 
signature of the chairperson of the corporation, or some other 
member of it authorised by the corporation to act in that behalf, 
and the signature of an officer of  the corporation authorised by 
the corporation to act in that behalf. 
(3) Judicial notice shall be taken of the seal of a corporation, 
and every document purporting to be an instrument made by the corporation and to be sealed with the seal (purporting to be authenticated in accordance with th is section) of the corporation 
shall be received in evidence and be deemed to be such 
instrument without further proof unless the contrary is shown. 
81.— (1) The number of members of the board of a 
corporation shall be 12 in number, of which— 
(a) 6 of them shall be appointed by the Government on 
the nomination of the Minister, 
(b) subject to subsection (2) , 4 of them shall be 
appointed by the Government on the nomination of the Minister, 
(c) one shall be appointe d by the Government 
following an election in accordance with section 
83 , and 
(d) one shall be the director general of the corporation. 
(2) Where an appointment is to be made by the Government 
under subsection (1)(b)  or under that paragraph arising from a 
vacancy referred to in section 84 (12)— 
(a) the Minister shall inform the Joint Oireachtas 
Committee of the proposed appointment, 
(b) The Minister in respect of an appointment under 
subsection (1)(a)  shall provide a statement to the 
Joint Oireachtas Committee indicating the relevant experience and e xpertise of the persons 
or person nominated by the Minister for appointment or appointed by the Government on the nomination of the Minister, and such other matters as the Minister  considers relevant, 
(c) the Joint Oireachtas Committee shall within the 
period of 90 days of being so informed, advise the Minister of the names of the persons or name of the person it proposes that the Minister should  
 
 
  
 
  
 
  
 
 
 
 
 
 
 
  
 
  
 
 
 
  
  
  
   Criteria for board membership. nominate under subsection (1)(b)  giving reasons, 
such as relevant experience and expertise, in relation to the proposed named persons or person, 
(d) the Minister shall have regard to the advice and 
may accept the proposed named persons or some of them or the named person or decide to nominate as he or she s ees fit other persons or 
another person, and 
(e) inform the Joint Oireachtas Committee of his or 
her decision. 
(3) Not less than 5 of the members of the board of a 
corporation shall be men and not less than 5 of them shall be 
women. 
(4)
 The Joint Oireachtas Committee for the purposes o f 
providing advice to the Minister under subsection (2)  may 
establish a panel, for such duration, and consisting of such number of persons as the Joint Oireachtas Committee shall think proper. 
(5) Persons placed on a panel established under subsection (4) 
shall— 
(a) have experience of or ha ve shown capacity in one 
or more of the matters stated in section 82 (1) , 
(b) in respect of TG4 comply with the requirements o f 
section 82 (2) , and 
(c) be chosen with a view to representing the public 
interest in respect of public service broadcasting 
matters. 
(6) The Joint Oireachtas Committee shall, insofar as is 
practicable, endeavour to ensure that among the persons placed 
on a panel under subsection (4)  there is an equitable balance 
between men and women. 
(7) The Joint Oireachtas Committee shall have sole 
responsibility for the selection and placing of candidates on a panel established under subsection (4) . 
82.— (1) A person shall not be appointed to be a member o f 
the board of a corporation unless he or she has experience of or 
shown capacity in one or more of the following matters— 
(a) media affairs,   
  
  
  
   
 
 
  
  
  
  
 
  
 
  
 
 
 
  
 
 
  
 
  
 
 
 
  
 
 
  (b) public service broadcasting, 
(c) broadcast cont ent production, 
(d) digital media technologies, 
(e) trade union affairs, 
(f) business or commercial affairs, 
(g) matters pertaining to the development of the Irish 
language, 
(h) matters pertaining to disability, 
(i) arts, music, sport or culture, 
(j) science, technology or environmental matters, 
(k) legal or regulatory affairs, and 
(l) social, educational or community activities or 
Gaeltacht affairs, 
relevant to the oversight of a public service broadcaster. 
(2) A person shall not be appointed to be a member of the 
board of TG4 unless he or she is able to communicate 
proficiently in the Irish language. 
(3) Each member of the board of a corporation shall be 
appointed for a period not exceeding 5 years. 
(4) The Government in setting a term of appointment under 
subsection (3)  shall consider the need for continuity o f 
membership of the board  of a corporation. 
(5) A member of the board of  a corporation whose term o f 
office expires by the effluxion of time shall be eligible for re­
appointment. 
(6) A member of the board of a corporation shall not serve 
more than 2 consecutive terms of office. 
(7) A member of the board of a corporation may at any time 
resign his or her office by letter addressed to the Government and the resignation shall take eff ect on the date specified therein 
or upon receipt of the letter by th e Government, whichever is the 
later. 
(8) 
Subsections (3)  to (7)  do not apply to the membership o f 
the director general of th e board of a corporation.  
  
 
 
  
 
 
 
 
 
 
 
 
  
 
 
 
 
 
 
  
 
 
 
  
 
 
 
 
 
 
  Appointment of staff 
member. 83.— (1) The Government shall appoint to be a member o f 
the board of each corporation one member of staff of the corporation elected to be a staff member of the board in accordance with this section. 
(2) A member of the board of a corporation appointed under 
this section shall, subject to this section, be eligible for 
nomination as a candidate and for election at an election. 
(3) An election shall be held as  soon as practicable after the 
passing of this Act or such longer period as may be agreed 
between the corporation and recognised trade unions and staf f 
associations. 
(4) Subsections (5)  to (16)  apply for the purposes of an 
election. 
(5) (a) The secretary of a corporation (or a person 
selected by him or her after consultation with representatives of recognised trade unions or staf
f 
associations) shall be the returning officer for each election of a staff member of the board o
f 
the corporation. 
(b) The returning officer shall not be entitled to be 
nominated as, or to nominate, act as agent for or promote the interests of, a candidate at the election. 
(c)
 The returning officer may authorise any person to 
exercise designated functi ons on his or her behal f 
and paragraph (b)  applies to any such person. 
(6) (a) A poll shall be conducte d where there is more 
than one candidate. 
(b) Voting shall be by secret  ballot and on the basis o f 
proportional representation by means of a single transferable vote. 
(c) Presiding officers at the poll and polling clerks 
shall be appointed by the returning officer. 
(d) An election shall be he ld in accordance with 
arrangements made by the returning officer. 
(e) The returning officer shall be required to give due 
notice of these arrangements to the electorate and to designate premises as an election office.  
  
 
 
 
 
  
 
 
 
 
  
 
 
  
 
 
 
 
 
 
  
 
 
   
 
 
 
 (7) (a ) The returning officer shall fix the nomination 
day and give notice of the election not later than 4 
weeks before that day. 
(b) The nomination day shall be not earlier than 4 
weeks after the day on which eligibility of voters and candidates is determined in accordance with subsections (13)  and (14), respectively. 
(8)
 The returning officer may declare a candidate elected i f 
the number of candidates sta nding duly nominated does not 
exceed one. 
(9) If the nomination of candida tes or any poll is interrupted 
or cannot be proceeded with the returning officer may adjourn the nomination or poll for such period as he or she considers appropriate to enable him or her, on its expiration, to proceed with or complete the nomination or poll. 
(10)
 On receipt of a notification from the returning officer o f 
the name of the candidate elected or declared to be elected under 
subsection (8) , the Government shall, in accordance with this 
section, appoint the candidate as a member of the board of the 
corporation. 
(11) The returning officer shall place the remaining candidates 
in order of votes credited to each at the last count in which he or 
she was involved. 
(12) A corporation shall bear th e cost of holding an election 
except costs incurred by candidates on their own behalf. 
(13) Every employee of a corporation wh o, on the day 
specified by the returning officer and on the day on which the poll is taken— 
(a) is not less than 18 years of age, and 
(b) has been an employee of the corporation for a 
continuous period of not less than one year, 
shall be entitled to vote at an election. 
(14) ( a) Every employee of a corporation who, on the 
day specified by the returning officer under subsection (13) , is not less than 18 years of age 
and has been an employee of the corporation for a continuous period of not less than 18 months, shall be eligible to be nominated as a candidate at the election.   
 
 
  
 
 
 
  
 
  
 
 
  
 
  
  
 
 
 
  
 
  
 
 
  
 
 
 
 (b) A candidate may be nominated by— 
(i) a recognised trade union or staff association or 
jointly by 2 or more such bodies, or 
(ii) a minimum of 20 eligible voters. 
(c) Nominations shall be made in the manner specified 
by the returning officer. 
(d) The returning officer shall rule on the validity o f 
nominations and his or her decision shall be final. 
(15) The returning officer shall prepare and maintain a list o f 
eligible voters and candidates. 
(16) The returning officer shall prepare and maintain a list o f 
recognised trade unions and staff associations for the purposes 
of this section. 
(17) In this section “ election ” means an election held under 
this section for the appointment of a staff member to be a staf f 
member of the board of a corporation. 
Terms and removal. 84.— (1) There shall be paid to  members of the board of a 
corporation, out of monies at the disposal of the corporation, 
such remuneration (if any) as th e Minister, with the consent o f 
the Minister for Finance, from time to time determines. 
(2) There shall be paid to members of the board of a 
corporation, out of monies at the disposal of the corporation, 
such allowances for expenses incurred by them in the performance of their functions as  the Minister, with the consent 
of the Minister for Finance, from time to time determines. 
(3)
 Subject to this Act, a member  of the board of  a corporation 
shall hold office on such terms (other than the payment o f 
remuneration and allowances for ex penses) as the Minister, with 
the consent of the Minister for Finance, from time to time determines. 
(4) The Minister shall cause a statement in writing specifying 
the expertise or experience, te rms of office and remuneration o f 
the members of a corporation to be laid before both Houses o f 
the Oireachtas and published in the Iris Oifigiúil . 
(5) A member of the board of a corporation may at any time 
be removed from membership of the board of the corporation by 
the Government if, in the G overnment’s opinion, the member 
has become incapable through ill-he alth of performing his or her  
 
  
   
 
 
 
 
  
 
 
 
 
  
 
  
  
 
 
 
  
 
 
 
 
 
  functions, or has committed stated  misbehaviour, or his or her 
removal appears to the Government to be necessary for the effective performance by the corporation of its functions, and only if, resolutions are passed by each House of the Oireachtas 
calling for his or her removal. 
(6) A member of the board of a corporation shall cease to be 
and shall be disqualified from be ing a member of the corporation 
where such member— 
(a) is adjudicated a bankrupt, 
(b) makes a composition or arrangement with 
creditors, 
(c)
 on conviction on indictment by a court o f 
competent jurisdiction is sentenced to a term o f 
imprisonment, 
(d) is convicted of an o ffence involving fraud or 
dishonesty, or 
(e) is disqualified or restrict ed from being a director o f 
any company. 
(7) A member of staff of a co rporation, who is  appointed to 
serve on the board of the corpora tion or the director general o f 
the corporation, shall cease to be  a member of the board of the 
corporation on the cessati on of his or her contract of service with 
the corporation. 
(8) Where a member of the board of a corporation fails— 
(a) for a consecutive period of 6 months, to attend a 
meeting of the corporation, unless the member 
demonstrates to the Minister’s satisfaction that 
the failure to attend was due to illness, or 
(b) to comply with the requirements of section 93  , or 
(c) to make a declaration in accordance with the 
requirements of section 17 of the Ethics in Public Office Act 1995 , 
the Minister may with the consent of the Government by order 
remove the member from office. 
(9) (a) An order made under subsection (8)  shall be 
laid before each House of the Oireachtas as soon as practicable after it is made.  
 
 
 
 
 
 
 
 
  
 
 
  
 
 
  (b) Either House of the Oireachtas may, within 21 
sitting days after the da y on which an order was 
laid before it in accordance with paragraph (a) , 
pass a resolution annulling the order. 
(c) The annulment under paragraph (b)  of an order 
takes effect immediately on the passing of the 
resolution concerned, but doe s not affect anything 
that was done under the order before the passing of the resolution. 
(10) If a member of the board of a corporation appointed by 
the Government, on the nomination of the Minister under section 81 (1)(a)  or following an election under section 83  , dies, 
resigns, becomes disqualified or is removed from office or for 
any other reason ceases to be a member of the board of the 
corporation, the Government on the nomination of the Minister, may appoint a person to be a member of the board of the corporation to fill the casual vacancy so occasioned and the 
person so appointed shall be appointed for the unexpired period of the term of membership of, and in the same manner as, the 
member of the board of the corporation appointed by the Government, on the nomination of the Minister or following an election under section 83  , who occasioned the casual vacancy. 
(11)
 In choosing a person to fill a casual vacancy occasioned 
by the cessation of membership of a member appointed by 
Government following an election under section 83 , the 
Government shall select the next  eligible candidate, if any, under 
section 83 (11) . Where 2 or more candidate s are credited with an 
equal number of votes, the Governme nt shall select one of them 
by lot. 
(12) If a member of the board of a corporation appointed by 
the Government on the nomination of the Minister under 
paragraph (b)  of section 81 (1)  dies, resigns, becomes 
disqualified or is removed from  office or for any other reason 
ceases to be a member of the board of the corporation, the 
Government on the nomination of  the Minister, the Minister 
having regard to the advice of the Joint Oireachtas Committee, 
may appoint a person to be a member of the board of the corporation to fill the casual vacancy so occasioned and the 
person so appointed shall be appointed for the unexpired period of the term of membership of, and in the same manner as, the 
member of the board of the corporation appointed by the Government on the nomination of the Minister under 
paragraph 
(b) of section 81 (1) , who occasioned the casual vacancy.    
 
 
  
 
  
 
  
 
  
 
  
 
 
  
 
 
 
 
  
  
 
 
 
  
 Chairperson. 
Exclusions from board 
membership. 85.— (1) The Government shall from time to time as occasion 
requires appoint, on the nominati on of the Minister, a member o f 
the board of a corporation to be chairperson of it. 
(2) A chairperson of a corpora tion shall, unless he or she 
sooner dies, resigns the office of  chairperson or ceases to be 
chairperson under subsection (4) , hold office until the expiration 
of his or her period of office as  a member of the board of the 
corporation. 
(3) A chairperson of a corporat ion may at any time resign his 
or her office as chairperson by le tter sent to the Government and 
the resignation shall, unless it is previously withdrawn in 
writing, take effect at the comm encement of the meeting of the 
corporation held next after the corporation has been informed by 
the Government of  the resignation. 
(4) Where a chairperson of a corporation ceases during his or 
her term of office as chairperson to be a member of the corporation he or she shall also cease to be chairperson of the 
corporation. 
(5) A member of staff of a corporation appointed by the 
Government to membership of th e board of the co rporation or a 
director general of a corpora tion shall not be appointed as 
chairperson of the corporation. 
86.— (1) Where a member of the board of a corporation is— 
(a) nominated as a candidate for election to the 
European Parliament, either House of the Oireachtas, or as a member of Seanad Éireann, 
(b) elected as a member of either House of the 
Oireachtas or the European Parliament, or 
(c) regarded pursuant to Part XIII of the Second 
Schedule to the European Parliament Elections Act 1997 as having been elected to that Parliament to fill a vacancy, 
he or she thereupon ceases to be a member of the corporation. 
(2) Where the person who is the director general or a member 
of the staff of a corporation is— 
(a) nominated as a candidate for election to the 
European Parliament, either House of the 
Oireachtas, or as a member of Seanad Éireann,  
 
 
  
 
 
 
 
  
 
 
 
 
  
 
  
 
 
 
  
 
 (b) elected as a member of either House of the 
Oireachtas or the European Parliament, or 
(c) regarded pursuant to Part XIII of the Second 
Schedule to the European Parliament Elections 
Act 1997 as having been elected to that Parliament to fill a vacancy, 
he or she shall thereupon sta nd seconded from employment by 
the corporation and shall not be pa id by, or be ent itled to receive 
from, the corporation any remunera tion or allowances in respect 
of the period commencing on su ch nomination or election, or 
when he or she is so regarded as  having been elected as the case 
may be, and ending when such person ceases to be a member o f 
either such House or that Parliament. 
(3) A person who is for the time being entitled under the 
Standing Orders of either House of the Oireachtas to sit therein 
or who is a member of the Europ ean Parliament, shall, while so 
entitled or such a member, be  disqualified from becoming a 
member of the board of a corpora tion or the director general or a 
member of the staff of a corporation. 
(4) A person who is appointed a member of the Authority, the 
Contract Awards Committee or the Compliance Committee shall 
be disqualified from becoming or ceases to be a member of the 
board of a corporation or a director general or a member of staf f 
of a corporation. 
(5) A person who holds employme nt, save for educational or 
performing creative work, or has an interest in an undertaking 
holding a contract under this Ac t, shall be disqualified from 
becoming or ceases to be a member of the board of a 
corporation. 
(6) A person who holds employment in RTÉ shall be 
disqualified from becoming or ce ases to be a member of the 
board of TG4. 
(7) A person who holds employment in TG4 shall be 
disqualified from becoming or ce ases to be a member of the 
board of RTÉ. 
(8) A person who holds membership of the board of RTÉ 
shall be disqualified from becoming or ceases to be a member o f 
the board of TG4. 
(9) A person who holds membersh ip of the board of TG4 shall 
be disqualified from becoming or ceases to be a member of the  
  
   
 
   
 
 
 
 
 
 
  
 
 
  
 
  
 
  
 
  
 
 
 
   board of RTÉ. 
Duties of board members. 
Meetings. (10) Without prejudice to the generality of subsection (2) , that 
subsection shall be read as prohibiting, inter alia , the reckoning 
of a period mentioned in that subsection as service with the 
corporation for the purposes of  any superannuation benefits. 
87.— Subject to the requirements of this Act every member o f 
the board of a corporation shall perform his or her functions in 
such a manner as to— 
(a) represent the interests of viewers and listeners, 
(b) ensure that the activities of the corporation in 
pursuance of its objectives as set out in section 
114 (1)  or 118 (1)  are performed efficiently and 
effectively, 
(c) ensure that the gathering and presentation by the 
corporation of news and current affairs is accurate and impartial, and 
(d)
 safeguard the independence of the corporation, as 
regards, the conception,  content and production 
of programmes, the editing and presentation o f 
news and current affairs programmes and the definition of programme schedules from State, 
political and commercial influences. 
88.— (1) The board of a corporat ion shall hold such and so 
many meetings as may be necessary for the due performance o f 
its functions. 
(2) At a meeting of the board of a corporation— 
(a) the chairperson of the board of a corporation shall, 
if present, be chairperson of the meeting, and 
(b) if and so long as the chairperson of the board of a 
corporation is not present or if the office o f 
chairperson is vacant, the members of the board of a corporation who are present shall choose one 
of their number to be ch airperson of the meeting. 
(3) Every question at a meeting of the board of a corporation 
shall be determined by a majority of the votes of the members o f 
the board present and voting on th e question, and in the case o f 
an equal division of votes, the ch airperson of the meeting shall 
have a second or casting vote.  
 
 
 
 
 
 
  
 
 
   
  
 
 
 
 
 
  
 
  
 
 
 
 
  (4) The board of a corporation may act notwithstanding one or 
more vacancies among its members. 
(5) Subject to this Part, the boa rd of a corporation shall 
regulate its procedure and pract ice by rules made under this 
section. 
(6) The quorum for a meeting of  the board of a corporation 
shall be 7. 
(7) Subject to any rule made under subsection (5)  meetings o f 
the board of a corporation shall be capable of being held by 
telephone or other suit able electronic means whereby all the 
members of the board can hear and be heard. 
(8) The board of a corporati on may delegate any of its 
functions to a subcommittee of the board of the corporation 
subject to such conditions as the board of the corporation 
considers appropriate. 
Director general. 89.— (1) A corporation shall from time to time appoint a 
person to be the chief executive officer of the corporation and 
who shall be known, and is in this  Part referred to, as, in the 
Irish language, ardstiúrthóir or, in  the English language, director 
general. 
(2) A director general shall— 
(a) carry on and manage, and control generally, the 
administration of the corporation, 
(b) act as editor-in-chief in respect of content 
published by the corporation in pursuance of its 
objects under this Act, and 
(c) perform such other functi ons (if any) as may be 
determined by the board of the corporation. 
(3) The consent of the Government is necessary before a 
corporation appoints or removes the director general of the corporation, or alters  his or her remunerati on or his or her terms 
and conditions of holding office. 
(4) The person who, immediately before the passing of this
Act, was the director general of  Radio Telefís Éireann, continues 
as director general of RTÉ. 
(5) The person who, immediately before the passing of this 
Act, was the chief executive officer of TG4, continues as director general of TG4.  
 
 
  
 
 
 
 
 
 
  
 
 
 
 
  
 
 
 
  
 
 
 
 
 (6) A director general shall not hold any other office or 
employment or carry on any business without the consent of the 
board of the corporation. 
(7) A director general shall furnish the board of the 
corporation with such info rmation (including financial 
information) in relation to the performance of his or her functions as the board of the corporation may from time to time require. 
(8)
 The functions of a director  general may be performed in 
his or her absence or when the position of director general is vacant by such member of the staff of the corporation as may, from time to time, be designated for that purpose by the board o
f 
the corporation. 
(9) A director general shall, for the duration of his or her 
appointment, serve as an ex officio  member of the board of his or 
her corporation. 
Staff. 90.— (1) A corporation shall, as well as appointing a director 
general, appoint such and so ma ny persons to be members of the 
staff of the corporation as it may, from time to time, determine but, subject to subsection (2) , a person shall not be appointed 
under this section to be a member  of staff of the corporation 
unless he or she has been se lected by means of a public 
competition. 
(2) The requirement under subsection (1)  of being selected by 
means of a public competition does not apply in relation to: 
(a) an appointment consisting of the promotion of a 
person who is already a me mber of staff of the 
corporation, 
(b) an office for which, in the opinion of the 
corporation, specialised qualifications not commonly held are required, or 
(c) an office to which appointments are made for 
limited periods only, being periods not exceeding 2 years. 
(3) A member of staff of a co rporation shall hold his or her 
employment on such terms and conditions as the corporation 
from time to time determines. 
(4)
 A corporation may perform any of its functions through or 
by any of its members of staff dul y authorised by the corporation    
 
 
  
 
  
 
 
 
 
 
 
 
  
 
 
 
  
 
 in that behalf. 
Superannuation. 91.— (1) A corporation, with the approval of the Minister and 
the consent of the Minister for Finance, shall make a scheme or 
schemes for the granting of superannuation benefits to or in respect of the members of staff, including the director general, o
f 
the corporation. 
(2) A superannuation scheme sha ll fix the time and conditions 
of retirement of all persons t o  o r  i n  r e s p e c t  o f  w h o m 
superannuation benefits are pa yable under the scheme or 
schemes and different times and conditions may be fixed in respect of different classes of persons. 
(3) A corporation may, with the approval of the Minister and 
the consent of the Minister for Finance, make a scheme amending or revoking a superannuation scheme including a scheme under this section. 
(4) A superannuation scheme submitted by the corporation 
under this section shall, if a pproved by the Minister with the 
consent of the Minister for Finance, be carried out by the corporation in accordance with its terms. 
(5) Each superannuation scheme shall include a provision for 
appeals from a decision relatin g to a superannuation benefit 
under the scheme. 
(6) No superannuation benefits shall be granted by the 
corporation to or in respect of a person on ceasing to be director general or a member of the staff of the corporation otherwise than— 
(a) in accordance with a superannuation scheme, or 
(b) with the consent of the Minister and the Minister 
for Finance. 
(7)
 Disbursement of superannua tion benefits which may be 
granted to or in respect of persons who, immediately before the establishment of Radio Éireann, were officers and servants o
f 
the Minister, shall not be on le ss favourable conditions than 
would apply if the benefits referre d to had continued to be paid 
out of monies provided by the Oireachtas. 
(8) The Minister for Finance sh all make such contribution as 
may, with his or her consent, be specified in a scheme or 
schemes under this section towards the superannuation benefits related to reckonable service given before the establishment day  
 
 
 
 
  
 
  
 
 
 
 
 
 
  
 
 
 
 
 
  
 
 
 
 Accountability of director 
general and chairperson to 
Oireachtas Committees. of Radio Éireann which may be granted to or in respect o f 
persons who, immediately before that day, were officers and servants of the Minister, and such  scheme or schemes shall, with 
the like consent, fix the manner and times of the payment o
f 
such contribution. 
(9) Monies required to be paid  by the Minister for Finance 
under this section shall be advan ced out of the Central Fund or 
the growing produce of it. 
(10) ( a) A superannuation scheme (including an 
amendment of it) shall be laid before each House 
of the Oireachtas by the Minister as soon as may be after it is made. 
(b) Either House of the Oireachtas may, by resolution 
passed within 21 sitting days after the day on which a scheme was laid before it in accordance with paragraph (a) , annul the scheme. 
(c) The annulment of a scheme under paragraph (b) 
takes effect immediately on the passing of the resolution concerned but does not affect anything 
that was done under the scheme before the passing of the resolution. 
(11) In this section “ supe rannuation scheme ” means a 
scheme under this section. 
92.— (1) In this section “ Committee” means a Committee 
appointed by either House of the Oireachtas or jointly by both Houses of the Oireachtas (other than the Committee on 
Members’ Interests of Dáil Éireann or the Committee on 
Members’ Interests of Seanad Éireann) or a subcommittee o
f 
such a Committee. 
(2) Subject to subsection (4) , a director general shall, at the 
request in writing of a Committ ee, attend before it to give 
account for the general administration of his or her corporation. 
(3) Subject to subsection (4) , the chairperson of a corporation 
shall, at the request in writing of  a Committee, attend before it to 
represent the views of the board  of his or her corporation. 
(4) A director general or chairp erson shall not be required to 
give account for, or represent the views of the board of his or her 
corporation in respect of, any matte r which is or has been or may 
at a future time be the subject of proceedings before a court or tribunal in the State.  
  
 
 
  
 
 
  
 
 
  
  
 
 
 
  
 
 
 
 
 
  Disclosure by members of 
corporation of certain interests. (5) Where a director general or chairperson is of the opinion 
that a matter in respect of which he  or she is requested to give an 
account for, or represent the views of the board of the corporation, is a matter to which subsection (4)  applies, he or 
she shall inform the Committee of  that opinion and the reasons 
for the opinion and, unless the information is conveyed to the Committee at a time when  the director general or chairperson is 
before it, the information shall be so conveyed in writing. 
(6) Where the director general or chairperson has informed a 
Committee of his or her opinion in accordance with subsection 
(5) and the Committee does not withdr aw the request referred to 
in subsection (2)  or subsection (3)  in so far as it relates to a 
matter the subject of that opinion— 
(a) the director general or chairperson may, not later 
than 21 days after being informed by the Committee of its decision not  to do so, apply to 
the High Court in a summary manner for determination of the question whether the matter is one to which subsection (4)  applies, or 
(b)
 the chairperson of the Committee may, on behal f 
of the Committee, make such an application, 
and the High Court may determine the matter. 
(7) Pending the determination of an application under 
subsection (6) , the director general or chairperson shall not 
attend before the Committee to give  account for, or represent the 
views of the board of the corporation in respect of, the matter the 
subject of the application. 
(8) If the High Court determines  that the matter concerned is 
one to which subsection (4)  applies, the Committee shall 
withdraw the request referred to in subsection (2)  or subsection 
(3), but if the High Court determines that subsection (4)  does not 
apply, the director general or chairperson shall attend before the 
Committee to give account for, or  represent the views of the 
board of the corporation in  respect of, the matter. 
93.— (1) A member of the board of a corporation who has— 
(a) any interest in any body or concerns with which 
the corporation has made a contract or proposes to make a contract, or  
 
 
 
 
 
 
 
 
 
  
 
 
 
 
  
 
 
 
 
  
 
 
   
 
  
 
 
  
 
 (b) any interest in any cont ract which the corporation 
has made or proposes to make, 
shall disclose to the board of th e corporation the fact of such 
interest and the nature of it a nd shall not be present at any 
deliberation or decision of the board of the corporation relating to the contract. 
(2) Where at a meeting of a board of a corporation any of the 
following matters arise, namely— 
(a) an arrangement to which the corporation is a party 
or a proposed such arrangement, or 
(b) a contract or other agreement with the corporation 
or a proposed such contract or other agreement, 
then, any member of the board of the corporation present at 
the meeting who otherwise than in his or her capacity as such a member has an interest in the matter shall— 
(i) at the meeting disclose to the board of the 
corporation the fact of such interest and the nature of it, 
(ii) neither influence nor seek to influence a decision 
to be made in relation to the matter, 
(iii) absent himself or hersel f from the meeting or that 
part of the meeting dur ing which the matter is 
discussed, 
(iv) take no part in any delib eration of the board of the 
corporation relating to the matter, and 
(v) not vote on a decision  relating to the matter. 
(3) Where an interest is disclosed under this section, the 
disclosure shall be recorded in the minutes of the meeting 
concerned and, for so long as the matter to which the disclosure 
relates is being considered or  discussed by the meeting, the 
member of the board by whom th e disclosure is made shall not 
be counted in the quorum for the meeting. 
(4)
 Where at a meeting of a board of a corporation a question 
arises as to whether or not a c ourse of conduct, if pursued by a 
member of the board of the co rporation, would constitute a 
failure by him or her to comply with the requirements o f 
subsection (2) , the question may be determined by the board o f 
the corporation, whose decision sha ll be final, and where such a  
 
 
 
  
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
  
   Disclosure by staff and 
contractors for services of 
certain interests. question is so determined, particulars of the determination shall be recorded in the minutes of the meeting. 
(5) For the purposes of this section and section 94  a person 
shall not be regarded as having an interest in any matter by reason only of an interest of th at person, or of any company in 
which he or she has an interest, which is so remote or insignificant that it cannot reasonably be regarded as likely to influence a person in considering, discussing or in voting on, any question relating to the matter, or  in performing any function in 
relation to that matter. 
94.— (1) Where a member of the staff of a corporation or a 
member of the staff or a director of a subsidiary or a contractor 
for services, in a category specified before engagement by the corporation, has an interest, othe rwise than in his or her capacity 
as such, in any contract, agr eement or arrangement, or any 
proposed contract, agreement or  arrangement, to which the 
corporation is or is proposed  to be a party, that person— 
(a) shall disclose to the board  of the corporation his or 
her interest and th e nature of it, 
(b)
 shall take no part in the negotiation of the contract, 
agreement or arrangement or in any deliberation 
by members of the board of the corporation or 
members of the staff of the corporation or contractors for services in a category specified 
before engagement by the corporation in relation to it, 
(c) shall not influence or seek  to influence a decision 
to be made in the matter, and 
(d) shall not make any recommendation in relation to 
the contract, agreement or arrangement. 
(2) Subsection (1)  does not apply to a person as regards a 
contract or proposed contract of employment of that person as a member of the staff of the corporat ion or as regards a contract or 
proposed contract for services of that person as a contractor for 
services to the corporation. 
(3) Where a person to whom subsection (1)  applies fails to 
comply with a requirement of this section, the corporation 
concerned shall decide the appropriate action (including removal from office or termination of contract) to be taken. 
(4) In this section ‘‘ member of staff ’’ includes the director  
 
  
 
  
 
 
   
 
 
 
 
 
 
 
 
 
 
  
 
 
 general. 
(5) In this section and sections 95 , 104 and 116  , 
“ subsidiary ” means a subs idiary of a corporation. 
Code of conduct. 95.— (1) A corporation shall, as soon as may be, draw up and 
adopt a code of conduct in respect  of controls on interests and 
ethical behaviour to apply to each member of the board, member 
of staff, adviser, member of an advisory committee and member of an audience council of the cor poration or a subs idiary of the 
corporation. 
(2)
 A corporation shall, as soon as may be, draw up a code o f 
conduct in respect of controls on interests and ethical behaviour 
to apply to such categories of contractors for services as the corporation may specify before engagement. 
(3) A corporation shall publish on a website maintained by the 
corporation any code of conduct drawn up under subsections (1) 
and (2) . 
Audience council. 96.— (1) A corporation shall establish for the purposes of this 
section, a committee, which committee shall be known, and is in this section referred to, as an audience council. 
(2) An audience council sh all consist of 15 members 
appointed by its corporation. 
(3) The members of the board of  a corporation shall appoint 
one of their number to serve as  a member of its audience 
council. 
(4) In appointing the member s of its audience council, a 
corporation shall endeavour to en sure that the audience council 
is representative of the viewin g and listening public and, in 
particular, of Gaeltacht communitie s and persons with a sight or 
hearing disability. 
(5) In appointing the members of its audience council TG4 
shall endeavour to ensure that  the members of the audience 
council are able to communicate proficiently in the Irish language. 
(6)
 A corporation shall from time to time appoint, as occasion 
requires, a member of its audien ce council to be chairperson o f 
it. 
(7) The membership of an audience council shall be appointed 
for such periods, not exceeding 5 years, as the corporation may  
 
 
 
 
  
 
  
 
 
 
  
 
  
  
 
  
 
 
 
  think fit and a member of the audience council appointed for a 
period of less than 5 years shall be eligible for re-appointment for the remainder of the period of  5 years from the beginning o
f 
his or her appointment, or for any shorter period. 
(8) A member of an audience council may at any time, by 
notice in writing to the corp oration, resign his or her 
membership. The membership of any member of the audience 
council may at any time be terminated by notice in writing given to him or her by the corporation. 
(9)
 A corporation shall give to its audience council the use o f 
such resources and information as the council requires for the proper performance of its functions. 
(10) The principal function of an  audience council shall be to 
represent to the board of its corporation the views and interests of the general public with regard  to public service broadcasting 
by the corporation. 
(11) An audience council may require its corporation to 
conduct, or arrange to be conducted, as far as is reasonably practicable, a survey of children and young persons, for the purpose of ascertaining the views and interests of children and 
young persons in respect of public  service broadcasting by the 
corporation. 
(12)
 An audience council may require its corporation to 
conduct, or arrange to be conducted, as far as is reasonably practicable, a survey of elderly persons, for the purpose o
f 
ascertaining the views and interest s of elderly persons in respect 
of public service broadcasting by the corporation. 
(13) In order to exercise its function under subsection (10) , an 
audience council may— 
(a) hold public meetings, and 
(b) require that its corporat ion provide the equivalent 
of up to one hour of television programme
material and in respect of RTÉ one hour of sound broadcasting programme ma terial in each year, 
and that the corporation shall broadcast same, at such times as are agreed between the corporation and the audience council. 
(14) The quorum for a meeting of an audience council shall be 
8. 
(15) Subject to this section an audience council shall have the  
 
 
 
 
  
 
 
 
 
  
 
  
 
 
 
 
 
  
  
 
 
  Advisory committees. 
Independence. 
Statement of strategy. power to regulate its own proce dure and practice by rules made 
under this section. 
(16) An audience council shall, not later than 30  June in each 
year, make an annual report to the Minister, the board of its 
corporation and the Authority, of its proceedings during the preceding financial year. An audience council may, and i
f 
requested to do so by the Minister shall, make special reports to the Minister during any year. 
(17) At least once in each year the director general of the 
corporation concerned shall meet  with the audience council o f 
the corporation. 
(18) At least once in each year an audience council shall meet 
with the board of its corporation. 
(19) A corporation may pay to each member of its audience 
council such out-of-pocket ex penses as such member may 
reasonably incur in the performa nce of his or her functions. 
97.— (1) A corporation may establish advisory committees to 
advise and assist it in the performance of its functions. 
(2) Where advisory committees include members other than 
members of the board of the corporation or staff of the corporation, such members may be paid such remuneration (i
f 
any) and allowances for expenses  as the corporation considers 
reasonable, subject to the consent of the Minister and the Minister for Finance. 
(3) A corporation may regulate th e procedure of its advisory 
committees, but subject to such regulation, an advisory 
committee may regulate its own procedure. 
(4) A corporation and its director  general shall have regard to, 
but shall not be bound by, the advice of any advisory committee 
under this section. 
98.— Subject to the requirements of this Act, a corporation 
shall be independent in th e pursuance of its objects. 
99.— (1) As soon as may be, but not  later than 6 months after 
the passing of this Act, and every 5 years thereafter, a 
corporation shall prepare and present to the Minister, in such format as shall be approved by the Minister, a statement o
f 
strategy. 
(2) A statement of st rategy prepared under subsection (1)  shall  
  
 
 
 
 
 
  
 
 
   
 
 
  
  
 
 
  
 
 
 
 
 
 Sectoral impact 
assessments by Authority. 
Public service statement. set out the strategy of the board of the corporation for achieving 
its objects under this  Act during the period to which the 
statement relates, having regard  to resources available to the 
corporation. 
(3) The Minister shall, as soon as may be, after a statement o f 
strategy or any revision to it under this sec tion has been 
presented to him or her, cause a copy or a summary of it to be 
laid before each House of the Oireachtas. 
100.— (1) The Authority shall, wi thin 3 months of receiving a 
written request for advice from the Minister in respect of the sectoral impact of a proposal under this Part, prepare and submit such advice to the Minister. 
(2) The Authority, in advising th e Minister on the sectoral 
impact of a proposal under this Part, shall consider the following 
matters— 
(a) the extent to which the proposal impacts on— 
(i) 	 the availability, choice, quality and 
accessibility of services for audiences, and 
(ii) existing sectoral services, 
(b) the impact of the proposal on sectoral 
development, innovation and investment, 
(c) the impact of the propos al on related markets, and 
(d) such matters as the Authority may decide. 
(3) In reviewing the sectoral im pact of a propo sal under this 
Part, the Authority shall consid er such impacts as may arise 
within a 5 year period of the receipt of a written request for 
advice from the Minister under subsection (1) . 
101.— (1) A corporation, followi ng a public consultation, 
shall prepare, not later than 12 m onths after the pa ssing of this 
Act, and every 5 years thereafter,  or as required by the Minister, 
a public service statement setting out the principles to be 
observed, and activities to be unde rtaken by the co rporation in 
order to fulfil its public service objects. 
(2) A corporation shall submit a public service statement 
prepared under subsection (1)  to the Minister. 
(3) The Minister, having consulted with the Authority, and 
having reviewed a public service statement received from the  
 
 
  
 
 
 
 
  
 
 
 
 
 
 
 
  
 
 
 
 
 
 
 
 
 
 
 
 Annual statement of 
performance commitments. corporation under subsection (2)  against its public service 
objects, may grant his or her consent to the public service statement. 
(4)
 The Minister shall on the gr ant of his or he r consent to a 
public service statement, or any revision to it, cause a copy o f 
the public service statement to be laid before each House of the Oireachtas. 
102.— (1) A corporation shall, by 31 January in each year, 
prepare an annual statement of performance commitments, in 
accordance with — 
(a) its objects, 
(b) any extant statement of  strategy prepared under 
section 99  , and 
(c) any extant public service statement prepared under 
section 101  , 
and including the activities to wh ich the corporation intends to 
commit in that financial year and associated performance indicators. 
(2) An annual statement of performance commitments 
prepared by a corporation under subsection (1),  shall address, 
inter alia — 
(a) original children’s progr amming, commissioned or 
produced by the corporat ion, relevant to the 
social and cultural needs and interests of children in Ireland and including animation and children’s 
programming in the Irish language, to be 
broadcast by the corporation, 
(b) Irish language programming  to be broadcast by the 
corporation, 
(c) science and technology programming to be 
broadcast by the corporation, 
(d) magazines and books to be prepared, published and 
distributed in pursuance of the corporation’s 
public service objects, and 
(e) the recorded audio material to be compiled, 
published and distributed in pursuance of the corporation’s public  service objects.  
  
 
 
  
 
 
 
 
   
 
 
  
 
 
 
  
 
 
 
 
  
 
 
 Ministerial consent for new 
services and variations in 
channels. (3) As soon as may be after 31 January in each year a 
corporation shall submit to the Minister and the Authority an annual statement of performance commitments prepared under subsection (1)  and, having consulted with the Minister and the 
Authority, shall publish the statement, or a summary of it, as soon as practicab le, thereafter. 
(4) A corporation shall by 31 March in each year submit to the 
Minister and the Authority a report on the fulfilment or otherwise of any commitments ma de in a statement prepared 
under subsection (1)  for the previous financial year and an 
explanation of any difference arising. 
(5) A corporation shall include  within a report required under 
section 110  a report on the fulfilme nt or otherwise of any 
commitments published under subsection (3)  for the period 
concerned and an explanation of any difference arising. 
103.— (1) A corporation may, with the consent of the 
Minister, pursue the objects in paragraphs (g)  and (h) of section 
114 (1)  or paragraphs (g)  and (h)  of section 118 (1) , as the case 
may be. 
(2) A corporation may, with the consent of the Minister, vary 
the number of television or sound broadcasting channels it operates. 
(3) A corporation may, with the consent of the Minister, 
undertake ancillary services. 
(4) Where the Minister proposes to give his or her consent 
under this section, th e Minister shall— 
(a) consult with the corporation concerned and such 
other persons as he or she considers appropriate, 
(b) consult with the Authority as to the sectoral impact 
of a proposal under this section, 
(c) consider the public valu e of such proposal, and 
(d) publish in such manner as he or she considers 
appropriate a statement outlining the consultations that have been carried out under paragraphs (a)  and (b)  and indicate a place at 
which any document given to the Minister by a person referred to in paragraph (a)  or (b)  in the 
course of consultations under those paragraphs may be inspected.  
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
  
 
  
 
 
 
  
 
  (5) A person referred to in paragraphs (a)  or (b) of subsection 
(4) may, on giving a document to the Minister for the purposes 
of subsection (4) , request the Minister to omit from documents 
made available for public inspection under paragraph (d)  of 
subsection (4)  a document or part of a document which the 
person regards as commercially sensitive. 
(6) The Minister may, if satisfied that the information 
contained in a document or part of a document is commercially sensitive and that its disclosure is not necessary for the purposes of public understanding of  a decision made under subsection (4) , 
omit the document or part of a document from the documents 
made available for public inspection under paragraph (d)  o
f 
subsection (4) . 
(7) For the purposes of this  section, information is 
commercially sensitive if its disclosure could reasonably be expected to— 
(a) materially prejudice the commercial interests of the 
person who provided that information to the Minister, or of a group or class of persons to which that person belongs, or 
(b) prejudice the competitive position of a person in 
the conduct of the pe rson’s business. 
(8) The Minister, in deciding on the public value of a proposal 
under this section shall consider the following matters— 
(a) the importance of the pr oposal in respect of the 
pursuance of the public service objects of the 
corporation, 
(b)
 the compatibility of the proposal with the Council 
Directive and recommenda tions of the Council o f 
Europe in respect of public service broadcasting, 
(c) the costs and revenues associated with the proposal 
and any impact on existing public service 
provision, 
(d) the extent to which the proposal contributes to 
meeting the democratic, cultural, linguistic, educational, and social needs of Irish society, o
f 
individual groups within  Irish society, and o f 
Irish communities outside of the island of Ireland, 
(e) the extent to which th e proposed service will be  
 
  
 
 
 
 
  
 
 
 
 
 
 
  
 
 
 
 
 
  
 
 
 
 
  
 
 
 
  Establishment of 
subsidiaries and joint ventures. accessible by the public, 
(f) the extent to which the proposed service will reach 
under-served audiences, 
(g) the contribution of the pr oposed service or activity 
to raising the level of familiarity of the general public, or of individual  groups within Irish 
society, with new forms of services and technologies, 
(h) the contribution of the proposal to media plurality, 
and 
(i) such matters as the Minister may decide. 
(9) The Minister may attach to any consent granted under this 
section such particular terms or conditions as he or she considers 
appropriate in the circumstances. 
(10)
 The requirements of subsection (2)  shall not apply to the 
establishment by a corporati on of a television or sound 
broadcasting channel for a period of not more than 30 days 
(whether consecutive days or otherwise) in any period of 12 
months. 
(11) In this section “ancillary services” means the provision 
by a corporation of services, which— 
(a) are ancillary to the public service objects of the 
corporation, 
(b) the corporation has not engaged in a significant 
manner in the previous 5 years, 
(c) require expenditure by th e corporation in excess o f 
€5 million in each year, and 
(d) for which the corporation proposes to use funding 
received by the corporation under section 123  , 
but does not include the provision by a corporation of a 
service in pursuance of paragraphs (d) , (f) and (i) of section 114 
(1) and paragraphs (d)  and (f)  of section 118 (1) . 
104.— (1) A corporation may, in  pursuance of its objects 
under this Act, with the consent of  the Minister and the Minister 
for Finance, the Minister having consulted with the Authority, acquire, form, establish and dispos e of one or more subsidiaries. 
(2) A corporation or a subsidiary of it may, either by itself or  
 
 
 
  
 
 
  
 
   
 
 
 
 
 
 
  
 
 
  
 
  
 
  
 
 
 Duty of corporation with 
respect to its revenue. 
Advertisements. with another person, with the consent of the Minister and the 
Minister for Finance, the Minister having consulted with the Authority, promote or take part in the formation or establishment of a company, and enter into join t ventures or partnerships in 
pursuance of its objec ts under this Act. 
(3) A corporation may, with the consent of the Minister and 
the Minister for Finance, the Mi nister having consulted with the 
Authority, acquire, hold and dispos e of shares or other interests 
in a company and become a member of a company. 
(4) The memorandum and artic les of association of a 
subsidiary shall be in such form as may be determined by the corporation with the consent of th e Minister and the Minister for 
Finance. 
(5) The Minister may attach to any consent granted under this 
section particular terms or conditions as he or she considers appropriate in the circumstances. 
105.— It is the duty of a corporat ion so to conduct its affairs 
as to secure that its revenue is at the earliest possible date, and thereafter continues to be, at least sufficient— 
(a) to meet all sums properl y chargeable to current 
account, and 
(b) to make suitable provision  with respect to capital 
expenditure. 
106.— (1) A corporation may br oadcast advertisements, 
broadcast acknowledgements of sp onsorship, may fix charges 
and conditions for such broadcas ts and, in fixing the charges, 
may provide for different circumstances and for additional special charges to be made in special cases. 
(2) A corporation may reject any advertisement presented for 
broadcast in whole or in part. 
(3) Subject to the requirements of section 41 (2) , a corporation 
in providing a broadcasting service under this Part shall, subject to the approval of the Minister  following consultation with the 
Authority, fix— 
(a) the total daily time for broadcasting 
advertisements, and 
(b) the maximum period given to advertisements in 
any hour.  
  
 
  
 
 
 
  
  
   
 
 
  
 
 
 
  (4) The Minister, if so requested by the Referendum 
Commission following consul tation by the Referendum 
Commission with a corporati on and consideration of any 
proposals of the corporation for broadcasts in connection with 
the referendum that it communicates to the Referendum Commission, shall direct the corpor ation in writing to allocate 
broadcasting time to facilitate the Referendum Commission in 
performing its functions, and the corporation shall comply with a direction under th is subsection. 
(5) Charges and conditions referred to in subsection (1)  may 
be fixed subject to variations benefiting advertisers who use the 
Irish language in their advertisements. 
(6) A power under this section to fix charges and conditions 
shall be read as including a power to cancel or vary any charges or conditions fixed under such  power and, where charges or 
conditions are cancelled, to fix other charges or conditions in 
lieu of those cancelled. 
(7) In this section references to advertisements shall be read as 
including references to teleshopp ing material and to advertising 
matter in sponsored programmes, that is to say, programmes 
supplied for advertising purposes by or on behalf of an advertiser. 
Borrowings. 107.— (1) RTÉ may, for the purpo se of providing for current 
or capital expenditure, from time to time, borrow money (whether on the security of th e assets of the corporation or 
otherwise), not exceeding in the aggregate 
€100,000,000 without 
requiring the consent of the Minister and the Minister for Finance. 
(2) TG4 may, for the purpose of providing for current or 
capital expenditure, from time to time, borrow money (whether 
on the security of the assets of the corporation or otherwise), not exceeding in the aggregate 
€10,000,000 without requiring the 
consent of the Minister and the Minister for Finance. 
(3) A corporation may, with the consent of the Minister and 
the Minister for Finance, the Mi nister having consulted with the 
Authority, borrow money exceedi ng the amount specified in 
subsections (1)  or (2) for the purposes of providing for current or 
capital expenditure by means of— 
(a) temporary borrowings from financial institutions, 
or  
  
 
 
 
 
 
 
 
 
 
  
 
 
  
  
  
 
  
 
 
  
  Transactions between 
public service and 
commercial opportunities. 
Accounts and audit. (b) the creation of stock or other forms of security to 
be issued, transferred, dealt with and redeemed in 
such manner and on such terms and conditions as 
the corporation, with the consents aforesaid, may 
determine. 
(4) The Minister may attach to any consent granted under 
subsection (3)  such particular terms or conditions as he or she 
considers appropriate in the circumstances. 
(5) The terms upon which monies are borrowed under this 
section may include provisions charging the monies and interest thereon upon all property of what soever kind for the time being 
vested in the corporation or upon any particular property of the 
corporation and provisions esta blishing the priority of such 
charges amongst themselves. 
108.— (1) The commercial activities undertaken by a 
corporation in pursuance of its  exploitation of commercial 
opportunities object shall— 
(a) be operated in an effi cient manner so as to 
maximise revenues, and 
(b) be used to subsidise its public service objects. 
(2) All transactions or arrangements entered into by a 
corporation as between th e activities arising from— 
(a) its public service objects, and 
(b) its exploitation of commercial opportunities object, 
shall be made at arm’s length and on commercial terms. 
(3)
 On the direction of the Minister, the Compliance 
Committee shall prepare and submit to the Minister a report on 
compliance by the corporation with the requirements o f 
subsection (2) . 
109.— (1) A corporation shall submit estimates of income and 
expenditure to the Minister in such form, in respect of such periods and at such times, as ma y be required by the Minister 
and shall furnish to the Minister any information which the Minister may require in relation to such estimates, including proposals and future plans relating to the performance by the corporation of its func tions over a period of years, as required. 
(2) A director genera l, under the direction of the board of his   
 
 
 
 
 
 
 
 
 
 
   
 
  
 
  
 
 
 
 
  or her corporation, shall cause to be kept, on a continuous basis, 
all proper and usual books or othe r records of account in respect 
of— 
(a) all income and expenditu re of the corporation, 
(b) the sources of such income and the subject matter 
of such expenditure, and 
(c) the property, assets and liabilities of the 
corporation. 
(3) The accounts of a corporation for each financial year shall 
be prepared in accordance with  accounting standards by the 
director general and approved by the board of the corporation as soon as practicable but not later than three months after the end 
of the financial year to which they relate for submission to— 
(a) in respect of RTÉ, such duly qualified auditors as 
the board of RTÉ shall appoint, and 
(b) in respect of TG4, the Comptroller and Auditor 
General, 
for audit. 
(4)
 A copy of the accounts referred to in subsection (3)  and 
the report of the auditors appoi nted by the board of RTÉ under 
paragraph (a)  of subsection (3)  or the Comptroller and Auditor 
General, as the case may be, there on shall, as soon as may be but 
not later than 6 months after th e end of the financial year to 
which they relate, be presented to the board of the relevant 
corporation and to the Minister. 
(5) The financial year of a co rporation shall be the period o f 
12 months ending on 31 December in any year. 
(6) A corporation shall, if so required by the Minister, furnish 
to him or her, such information as he or she may require in respect of any balance sheet, accoun t or report of the corporation 
or in relation to the policy a nd operations of the corporation 
other than day-to-day operations. 
(7) (a ) A corporation, its dire ctor general and any 
relevant member of staff of the corporation shall, whenever so requested by the Minister, permit 
any person appointed by the Minister to examine the books or other record s of account of the 
corporation in respect of  any financial year or 
other period and shall facilitate any such  
 
 
 
 
 
 
 
 
  
 
 
  
 
 
  
 
 
 
  
 
  
 
 
 
 examination. 
(b) In this subsection “ rele vant member of staff ” 
means a member of the staff of the corporation in 
respect of whom there ha ve been duly assigned 
duties which relate to th e books or other records 
of account referred to in paragraph (a) . 
(8) A director genera l, under the direction of the board of his 
or her corporation, shall cause to be kept all such special 
accounts as the Minister may from time to time direct. 
(9) Without prejudice to subsection (3)  and section 110  , a 
corporation shall as soon as may be after the end of each 
financial year, send to the Minister— 
(a) a statement of the use it has made, of the monies 
paid to it under section 123 in that financial year, 
in pursuance of its public service objects, and 
(b) a statement in respect of the total revenue and costs 
derived by the corporation in that financial year distinguishing between monies received or 
expended on— 
(i) activities in pursuance of its public service 
objects, and 
(ii)
 activities in pursuance of its exploitation o f 
commercial opportunities object. 
(10) A corporation shall include in the statement required 
under subsection (9)  a statement of the cost accounting 
principles and methods by which costs and revenues have been 
assigned to such activities. 
(11) The Authority, at the di rection of the Minister, and 
having consulted with a corpora tion, shall prepare and publish 
guidance for the corporation as  regards the cost accounting 
principles and methods to be c onsidered by the corporation in 
preparing a statement under subsection (9) . 
(12) Any guidance issued by the Authority under subsection 
(11) shall be general in nature and shall not specify the particular 
items to be included in preparing a statement under subsection 
(9) to which the guidance relates. 
(13) The Compliance Committee, at the direction of the 
Minister, shall review and report to  the Minister on the extent to 
which a statement prepared under subsection (9)  complies with  
 
 
 
 
 
 
  
 
 
 
  
 
  
 
 
 
 
 
  
  
 
 
 
 Reports and information. 
Access to archives. the guidance issued by the Authority under subsection (11) . 
(14) The Minister may give directions to a cor poration as to 
the format of a statement prepared under subsection (9) . 
(15) The Minister shall cause the documents furnished to him 
or her under this sec tion to be laid befo re each House of the 
Oireachtas. 
(16) In this section “accounting standards” has the same 
meaning as in section 205A(1) of the Companies Act 1990 . 
110.— (1) A corporation shall, not later than 30 June in each 
year make a report to the Minister  (in this section referred to as 
the “ an nual report ”) in such fo rm as the Minister may approve, 
on the performance of its functions and activities during the 
preceding year, and the Minister sh all cause copies of the report 
to be laid before each House of the Oireachtas. 
(2) Whenever the Minister so directs, the annual report shall 
also include such additional information on the performance o f 
the corporation’s functions and activities during the preceding year as the Minister may specify. 
(3) A corporation shall co-opera te with the Minister and the 
Authority in the performance of their respective functions under 
this Act including providing  them with all necessary 
information. 
(4) RTÉ shall on the third and fi fth anniversaries of 18 April 
2007 carry out a review of the provision of the television 
broadcasting service and sound broa dcasting service referred to 
in paragraph (f)  of section 114 (1) . 
(5) RTÉ shall make a report to the Minister of each review 
carried out by it under subsection (4) . 
(6) The Minister shall cause copies of each report made to 
him or her under subsection (5)  to be laid before each House o f 
the Oireachtas. 
111.— (1) A corporation shall make reasonable arrangements, 
itself or with such person or pe rsons as it chooses, for public 
access to an archive or library established or maintained in 
pursuance of section 114 (1)(e)  or section 118 (1)(e)  with or 
without charge, such charge not to exceed the estimated cost o f 
the search for and retrieval of ite ms contained in the archive or 
library.  
 
 
 
  
 
  
 
  
 
 
  
  
 
 
 
  
 
 
 
 
  
 
 
 
  
  (2) Arrangements made under subsection (1)  shall not 
encompass the copying or reuse of material contained in an 
archive or library. 
(3) A corporation may enter into  an arrangement with a public 
service broadcaster fo r the reuse with or without charge by the 
public service broadcas ter, in pursuance of  its public service 
objects and functions un der this Part, of items contained in any 
archive or library maintained by th e corporation, such charge not 
to exceed the estimated cost of th e search and retrieval of such 
items. 
(4) A corporation shall prepare and submit to the Minister for 
his or her approval, following c onsultation with the Authority, a 
scheme for the licensing of th e use and explo itation by third 
parties of sound and television  recordings over which the 
corporation holds copyri ght and related rights. 
(5) A scheme shall provide separate terms and conditions o f 
licencing for— 
(a) non-commercial bona fide  educational and 
research purposes, 
(b) commercial purposes, and 
(c) other purposes. 
(6) Without prejudice to the generality of subsection (4)  a 
corporation may— 
(a) specify more favourab le charges, terms and 
conditions in respect of programme material used for the purpose of Irish language broadcasts, and 
(b) attach to a scheme such particular terms or 
conditions as it considers appropriate. 
(7) Any amendment or revocation of a scheme shall be 
submitted by the corporation to the Minister for his or her approval. 
(8) A scheme shall, if approved of by the Minister, be— 
(a) published (including publication on a website 
maintained by the corporation), and 
(b) carried out in accordance with its terms, 
by the corporation.  
 
 
  
 
 
 
 
 
  
 
 
 
  
 
 
 
 
 
 
 
 
 
   
  
  
 
   
 Code of fair trading 
practice. (9) The Minister shall cause a scheme approved under 
subsection (4)  to be laid before each House of the Oireachtas as 
soon as practicable after it is made. 
(10) The corporation shall ensure  that provision is made for 
resolving disputes arising in resp ect of the operation of a scheme 
(by independent arbitration or otherwise) in a manner that 
appears to the Minister  to be appropriate. 
(11) The Compliance Committee shall, at the direction of the 
Minister, report to the Minister on compliance by the 
corporation with this section. 
(12) In this section “ scheme ” means a scheme prepared and 
submitted to the Minister under subsection (4) . 
112.— (1) It is the duty of a corporation to prepare and 
publish, within 15 months of the passing of this Act, and every 
fourth year thereafter, a code of  fair trading practice (in this 
section referred to as a “ code ”)  setting out the pr inciples that it 
shall apply when agreeing terms for the commissioning o f 
programming material from independent producers. 
(2) The Authority, having cons ulted with the Minister, a 
corporation, and independent producers (or such persons appearing to the Authority to re present them), shall within 12 
months of the passing of this  Act and every fourth year 
thereafter, prepare and issue guidance to the corporation on the format of a code required under subsection (1) . 
(3) The guidance issued  by the Authority under subsection (2) 
shall be general in nature and shall not specify the particular 
items to be included in a code to which the guidance relates. 
(4) A corporation, having considered the guidance received 
under subsection (2) , shall prepare and submit for approval to 
the Minister a code. 
(5) A code shall include referen ce to a corporation’s approach 
to— 
(a) multi-annual commissioning, 
(b) acquisition of rights, and 
(c) timetable for contractual negotiations. 
(6) In meeting the requirements of subsection (5) (b)  the 
corporation shall address the a rrangements it proposes to adopt 
in respect of the duration a nd exclusivity of the various  
 
 
 
  
 
 
 
 
 
 
 
 
 
 
  
 
  
 
  
  
 
 
 
 
 
  categories of rights it intends to acquire. 
(7) The Minister shall, in cons idering a code, consult with the 
Raidió Teilifís Éireann. 
Principal objects and
associated powers of RTÉ. Authority. 
(8) On approval by the Minister the code shall be deemed to 
have come into force and the cor poration shall comply with such 
a code. 
(9) A corporation shall ensure that provision is made for 
resolving disputes arising in resp ect of the provisions of a code 
(by independent arbitration or otherwise) in a manner that 
appears to the Minister  to be appropriate. 
(10) The Compliance Committee shall, at the direction of the 
Minister, report to the Minister  on compliance by a corporation 
with a code prepared  under this section. 
(11) A corporation may with th e approval of the Minister, the 
Minister having consulted with the Authority, revise and publish 
amendments to a code. 
(12) RTÉ shall co-operate with  independent producers in the 
marketing outside the State of sound broadcasting and television 
programmes commissioned by RTÉ from independent producers. 
Chapter 2 
Provisions specific to RTÉ 
113.— (1) The name of Radio Telefís Éireann (changed by 
section 3 of the Broadcasti ng Authority (Amendment) Act 
1966 ) is changed and following the pa ssing of this Act is to be 
known as Raidió Teilifís Éireann. 
(2) Raidió Teilifís Éir eann continues in being. 
114.— (1) The objects of RTÉ are— 
(a) to establish, maintain and operate a national 
television and sound broadcasting service which shall have the character of a public service, be a free-to-air service and be made available, in so far as it is reasonably practicable, to the whole community on the island of Ireland, 
(b) to establish and maintain a website and teletext
services in connection with the services of RTÉ  
 
 
 
 
  
 
 
  
 
 
 
 
 
 
 
  
 
 
  
 under paragraphs (a) , (c), (d), (e), (f), (g), (h) and 
(i), 
(c) to establish and maintain orchestras, choirs and 
other cultural performing groups in connection 
with the services of RTÉ under paragraphs (a) , 
(f), (g) and (h) , 
(d) to assist and co-operate with the relevant public 
bodies in preparation for, and execution of, the dissemination of relevant  information to the 
public in the event of a major emergency, 
(e)
 to establish and maintain archives and libraries 
containing materials rele vant to the objects o f 
RTÉ under this subsection, 
(f) to establish, maintain and operate a television 
broadcasting service an d a sound broadcasting 
service which shall have the character of a public service, which services shall be made available,in so far as RTÉ considers reasonably practicable, to Irish communities outside the island of Ireland, 
(g) subject to the consent of the Minister, the Minister 
having consulted with the Authority, to establish, 
maintain and operate, in so far as it is reasonably practicable, community, local, or regional 
broadcasting services, which shall have the 
character of a public service, and be available free-to-air, 
(h) subject to the consent of the Minister, the Minister 
having consulted with the Authority, to establish and maintain non-broadcast non-linear audio­visual media services, in so  far as it is reasonably 
practicable, which shall ha ve the character of a 
public broadcasting service (such consent not 
being required in respect of  such services which 
are ancillary to a broadcasting service provided under paragraphs (a) , (d), (f)  and (g)), 
(i) to establish, maintain, and operate one or more 
national multiplexes, 
(j) so far as it is reasonably practicable, to exploit such 
commercial opportunities as may arise in pursuit of the objects outlined in paragraphs (a)  to (i).  
 
 
 
 
 
 
 
 
 
 
 
  
 
  
 
 
  
 
 
 
  (2) In pursuit of the objects outlined in subsection (1) , RTÉ 
shall— 
(a) be responsive to the inte rests and concerns of the 
whole community, be mind ful of the need for 
understanding and peace within the whole island 
of Ireland, ensure that the programmes reflect the varied elements which make up the culture of the people of the whole isla nd of Ireland, and have 
special regard for the el ements which distinguish 
that culture and in particular for the Irish language, 
(b) uphold the democratic values enshrined in the 
Constitution, especially those relating to rightful liberty of expression, and 
(c) have regard to the need for the formation of public 
awareness and understanding of the values and traditions of countries other than the State, including in particular those of other Member 
States. 
(3) Without prejudice to the generality of subsection (1) , RTÉ 
shall ensure that the programme  schedules of the broadcasting 
services referred to in that subsection— 
(a) provide a comprehensive range of programmes in 
the Irish and English la nguages that reflect the 
cultural diversity of th e whole island of Ireland 
and include programmes that entertain, inform 
and educate, provide c overage of sporting, 
religious and cultural activities and cater for the 
expectations of the community generally as well as members of the community with special or minority interests and which, in every case, respect human dignity, 
(b)
 provide programmes of news  and current affairs in 
the Irish and English languages, including 
programmes that provide coverage o f 
proceedings in the Houses of the Oireachtas and the European Parliament, and 
(c) facilitate or assist cont emporary cultural expression 
and encourage or promote innovation and experimentation in broadcasting. 
(4) The principal e xpress powers of RTÉ in pursuance of the  
 
 
  
 
 
 
 
 
 
 
  
 
 
 
 
 
 
 
 
 
 
 
  objects outlined in subsection (1)  are— 
(a) to establish, maintain and operate broadcasting 
stations and to acquire , install and operate 
apparatus for wireless telegraphy, 
(b) subject to any regulations under the Act of 1926, 
which are for the time being in force, to provide 
for the distribution by means of wired broadcast relay stations of programmes broadcast by RTÉand such other programmes as RTÉ may decide, 
(c) to originate programmes and procure programmes 
from any source, 
(d) to make contracts, ag reements and arrangements 
incidental or conducive to the objects of RTÉ, 
(e) to acquire and make use of copyrights,  patents, 
licences, privileges and concessions, 
(f) to collect news and information and to subscribe to 
news services and such ot her services as may be 
conducive to the objects of RTÉ, 
(g)
 to subscribe to such international associations, and 
to such educational, musical and dramatic bodies and such other bodies promoting entertainment or culture, as may be conducive to the objects o
f 
RTÉ, 
(h) to organise, provide and subsidise concerts, 
entertainments, education and other activities in connection with a broadcasting service or for any 
purpose incidental to it and, in relation to any 
such concert or entertainment, to provide or 
procure accommodation and, if desired, to make charges for admission, 
(i) to prepare, publish and di stribute, with or without 
charge, such magazines, books, papers and other printed matter as may seem to RTÉ to be conducive or incidental to its objects, 
(j) to arrange with other broadcasting organisations or 
authorities for the distribution, receipt, exchange and relay of programmes (whether live or recorded), 
(k) to compile, publish and dist ribute, with or without  
 
  
 
 
  
  
 
  
 
  
 
 
 
 
 
 
 
 
 
 
 charge, recorded aural and visual material, 
(l) to provide programmes of news and current affairs 
in the Irish and English languages, including 
programmes that provide coverage o f 
proceedings in the Houses of the Oireachtas and the European Parliament, 
(m) to facilitate or assist contemporary cultural 
expression and encourage or promote innovation and experimentation in broadcasting, 
(n) to invest in, origin ate or procure films, 
(o) to establish and maintain websites, 
(p) to establish and maintain an electronic 
communications network subject to any enactment or rule of law, 
(q) to establish and maintain an “ electronic 
communications service ” meaning a service which consists wholly or mainly of the conveyance of signals on electronic communications networks, subject to the provisions of any enactment or rule of law, 
(r) to make available the br oadcasting services of RTÉ 
in so far as reasonably practicable by any and all 
means of transmission, relaying or distribution, whether by way of broa dcast (which includes 
terrestrial sound and television broadcasting networks, cable networks or satellite networks), 
or by any form of el ectronic means (which 
includes fixed terrestrial networks, mobile terrestrial networks, in cluding the Internet and 
other electronic communications networks) and whether now known or hereinafter invented on a linear or non-lin ear basis, and 
(s) to invest any of  its funds in any manner in which a 
trustee is empowered by law to invest trust funds. 
(5) Nothing in this section shall be read as preventing RTÉ 
from including in the programme schedules programmes made outside the State. 
(6) Nothing in this section shall be read as preventing RTÉ 
from providing broadcasting serv ices which are of a special 
interest to only certain members of the community and which  
  
 
 
  
 
  
 
 
 
 
 
 
 
 
 
 
 
  
 
 
 
  Broadcasting infrastructure. 
Independent programme 
account. are made available on a subscrip tion or pay-per-view basis under 
its exploitation of commercial opportunities object. 
(7) RTÉ shall have all such powers as are necessary or 
incidental to the attainment of the objects specified in subsection 
(1), and which are not incons istent with this Act. 
(8) RTÉ shall endeavour to ensure that the programme 
schedules of the television broa dcasting service and the sound 
broadcasting service establishe d and maintained pursuant to 
subsection (1) (f)  are, in so far as it is reasonably practicable, 
representative of the program me schedules of the national 
television and sound broadcastin g services referred to in 
subsection (1) (a)  and section 118 (1) (a) . 
115.— (1) The Minister may, at the request of the Authority 
and after consultation with RTÉ, require RTÉ to co-operate with 
a holder of a sound broadcasting cont ract in the use of any mast, 
tower, site or other installation or facility needed in connection 
with the provision of transm ission facilities for sound 
broadcasting services under th e sound broadcasting contract. 
(2) A sound broadcaster shall make  to RTÉ such periodical or 
other payments in respect of  any facilities provided under 
subsection (1)  as the Minister, after consultation with RTÉ and 
the Authority, directs. 
116.— (1) RTÉ shall keep an a ccount which shall be known 
as the independent programmes account (in this section referred 
to as the “ account ”). 
(2) (a ) Monies standing to th e credit of the account 
shall be used by RTÉ for the purpose of— 
(i) commissioning the making of independent 
television or sound broadcasting 
programmes, 
(ii) procuring the form ulation by persons o f 
proposals for the commissioning by RTÉ o f 
the making of the above programmes, and 
(iii) assisting the completion of independent 
television or sound broadcasting programmes the making of which has not been commissioned by RTÉ, 
and for no other purpose.  
 
 
  
 
 
  
 
 
 
 
 
 
 
 
  
 
  
 
 
 
 
 
  (b) The amount of monies that RTÉ is required by 
subsection (3)  to pay into the account in a 
financial year shall be expended, unless it is 
impracticable to do so, within 2 years of that financial year. 
(c) RTÉ shall not in a financial year use for the 
purposes specified in subparagraphs (ii)  and (iii) 
of paragraph (a)  more than 10 per cent of the 
amount of monies that  it is required by subsection 
(3) to pay into the account in that financial year. 
(3) RTÉ shall in each fina ncial year mentioned in column (1) 
of Part 1  of the Table to this section pay into the account, in 
accordance with subsection (4) , an amount of moni es that is not 
less than the amount of monies mentioned in column (2) 
opposite the mention of the financial year concerned. 
(4) The amount of monies required to be paid by subsection 
(3) into the account in a financial y ear shall be so paid in such 
number of instalments as RTÉ deems appropriate having regard 
to its duty under subsection (2) (b) . 
(5) If any of the monies paid under subsection (3)  into the 
account in a financial year rema ins unexpended at the end of a 
two year period from the end of th at financial year the Minister 
may, having consulted with the Authority and RTÉ, authorise 
RTÉ to withdraw those monies or a specified portion of them 
from the account. Monies so withdrawn shall thereupon becomeand be available to RTÉ for the purposes generally of pursuing 
its public service objects. 
(6) References in this section to  the expenditure of monies in 
the account include references to the incurring of a legal 
obligation to expend such monies. 
(7)
 (a) The Minister may, having had regard to each o f 
the following matters, namely— 
(i) the current and prospective financial liabilities
of RTÉ, 
(ii) the effect (if any) for the time being of the 
operation of this section on— 
(I) the employment or recruitment of staff by 
RTÉ, 
(II) the performance by RTÉ of its public  
 
 
  
 
 
 
 
   
 
 
 
 
 
 
 
 
 
  service objects, and 
(III) the employment of persons in the 
making of independent television or 
sound broadcasting programmes, 
from time to time by order vary the sum referred to in 
the definition of the “ appropriate amount” in subsection (8) (a)  and for so long as the order is 
in force Part 1 of the Table and the definition are 
to be read as having effect in accordance with the order. 
(b)
 Where it is proposed to make an order under this 
subsection, a draft of th e order shall be laid 
before each House of the Oireachtas and the order 
shall not be made until a resolution approving o f 
the draft has been passed by each such House. 
(8) (a) In Part 1  of the Table to this section 
“ appropriate amount ” means the sum o f 
€40,000,000 as increased by an amount equal to 
the appropriate percen tage of that sum. 
(b) In this subsection the “ appropriate percentage ” 
means the difference between the consumer price index number at mid-August, 2008, and the said number at the mid-August immediately preceding the financial year concerned expressed as a percentage of the first-mentioned number. 
(c) If at the second-mentioned date in paragraph (b) 
the consumer price index number stands at a figure that is less than that  at which it stood at the 
first-mentioned date in  that paragraph, the 
definition of “ the appropr iate amount ” in this 
subsection has effect as respects the financial 
year immediately following the second-mentioned date as if “reduced” were substituted for “increased” in that definition. 
(9) As soon as may be, but not later than 3 months, after the 
end of each financial year, RTÉ shall make a report to the Minister of— 
(a) its activities during that financial year as respects 
commissioning the making of independent television or sound broadcasting programmes,  
 
 
 
 
   
 
 
 
 
 
 
 
 
 
 
 
 
 
 
  
 
  
  
 
  
 
 
 
 (b) the name or corporate identity of persons 
commissioned to make i ndependent television or 
sound broadcasting programmes, 
(c) the operation by it of the account during that 
financial year, and 
(d) such other matters relating to the matters referred 
to in paragraphs (a) , (b) and (c)  as the Minister 
may direct. 
(10) The Minister shall cause copies of the report to be laid 
before each House of the Oireachtas. 
(11) For the purposes of this Part, the making of an 
independent programme shall not be regarded as having been 
commissioned by RTÉ unless, before work on the making of the 
programme commences, RTÉ has in curred a legal obligation to 
pay at least 25 per cent of  the cost of its making. 
(12) In this section “ inde pendent programme ” means a 
television or sound broadcasting programme made by a person 
who complies with the fo llowing conditions, namely— 
(a) each of the following matters as respects the said 
programme is determined by him or her or by one or more persons on his or her behalf and over whose activities in respect of the determination o
f 
such matters he or she exercises control, namely— 
(i) the persons who are to participate in the said 
programme, 
(ii) the persons who are to be involved in the 
making of the said programme, and 
(iii) the equipment and facili ties to be used in the 
making of the said programme, 
(b) he or she is not a subsid iary of a broadcaster, and 
(c) he or she is not a holding company of a 
broadcaster. 
(13) For the purposes of the definition in subsection (12) , 
where— 
(a) two or more broadcasters hold shares in a body 
corporate or a holding company of a body  
  
 
 
 
 
 
 
 
 
  
 
  
 
 
 
 
 
 corporate, or 
(b) each of two or more  broadcasters (being 
shareholders in a body corporate or a holding 
company of a body corporate) by the exercise o f 
some power exercisable by it without the consent 
or concurrence of any other person can appoint or remove a holder of a directorship of the body corporate or, as the case may be, the holding company, 
then, notwithstanding that the body corporate is not a 
subsidiary of any of these br oadcasters, the body corporate is 
deemed not to comply with the condition specified in paragraph 
(b) of that definition if— 
(i) the total number of	  shares held by the said 
broadcasters in the body co rporate or, as the case 
may be, the holding company, or 
(ii) the total number of directorships of the body 
corporate or, as the case may be, the holding company that the aforesaid powers of the said broadcasters may be exercised in respect of, 
is such that, were the said broadcasters to be regarded as one 
company, the body corporate would be a subsidiary of it, and 
(I) RTÉ is one of the said broadcasters, or 
(II)
 there exists a business relationship between the
said broadcasters that, in the opinion of RTÉ, is 
of such a kind as is likely to result in the said 
broadcasters acting in concert with one another in 
exercising their rights unde r those shares or in 
exercising the said powers. 
(14) For the purposes of subsection (13) (b)  a broadcaster 
shall be deemed to have power to  appoint to a directorship in 
relation to which the condition specified in paragraph (a ) or (b) 
of section 155 (2) of the Comp anies Act 1963 is  satisfied, and 
for this purpose references in those paragraphs to the other company shall be construed as re ferences to the broadcaster. 
(15) RTÉ shall in each fi nancial year mentioned in column (1) 
of Part 2  of the Table to this section use a per cent of the monies 
paid into the account that is no t less than the pe r cent mentioned 
in column (2)  opposite the mention of the financial year 
concerned for the purposes of—  
 
 
  
 
 
  
 
  
 
 
 
  
 
 
  
  
   
  
   
 
 
 
   
   
   (a) commissioning the making of independent sound 
broadcasting programmes, 
(b) procuring the formulation by persons of proposals 
for the commissioning by RTÉ of the making o f 
the above programmes, and 
(c) assisting the completi on of independent sound 
broadcasting programmes the making of which 
has not been commissioned by RTÉ, 
and for no other purpose. 
(16) A minimum of 95 per cent of  the monies paid into the
account shall be used by RTÉ for the purpose of— 
(a) commissioning the making of independent 
television programmes, 
(b) procuring the formulation by persons of proposals 
for the commissioning by RTÉ of the making o f 
the above programmes, and 
(c) assisting the completion of independent television 
broadcasting programmes the making of which 
has not been commissioned by RTÉ, 
and for no other purpose. 
TABLE 
Part 1 
Independent programmes account 
Financial year Amount of monies to be paid by RT É 
into the account 
(1) 
(2) 
2009 €40,000,000 
Each subsequent The appropriate amount 
financial year 
Part 2 
Independent sound broadcasting programmes 
Financial year Minimum percentage of  monies paid into 
account to be expended by RT É on independent 
(1) 
 
 
  
 
  
 
  
 
 
 
 
  
 
 
 
 
 
 
  
 
  sound broadcasting programmes 
(2) 
2009 1.25 per cent 
2010 1.50 per cent 
2011 2.00 per cent 
2012 2.50 per cent 
Each subsequent 3.00 per cent 
financial year 
Chapter 3 
Provisions specific to TG4 
Continuance of Teilifís na 117.— Teilifís na Gaeilge continues in being.Gaeilge. 
Principal objects and 118.— (1) The objects of TG4 are— associated powers of TG4. 
(a) to establish, maintain and operate a national 
television broadcasting service, which shall have 
the character of a public service, be a free-to-air service and be made available, in so far as it is reasonably practicable, to  the whole community 
on the island of Ireland, 
(b) to establish and maintain a website and teletext 
services in connection with the services of TG4 under paragraphs (a) , (c), (d), (e), (f) , (g) and (h), 
(c) to establish and maintain choirs and other cultural 
performing groups in connection with the services of TG4 under paragraphs (a) , (f), (g) and 
(h), 
(d) to assist and co-operate with the relevant public 
bodies in preparation for, and execution of, the dissemination of relevant  information to the 
public in the event of a major emergency, 
(e)
 to establish and maintain archives and libraries 
containing materials rele vant to the objects o f 
TG4 under this subsection, 
(f) to establish, maintain and operate, in so far as it is  
 
 
 
 
 
 
 
  
 
 
 
 
 
 
 
 
 
 
 
 reasonably practicable, a television broadcasting 
service, which shall have the character of a public 
service, to be made available to Irish communities outside of the island of Ireland, 
(g)
 subject to the consent of the Minister, the Minister 
having consulted with the Authority, to establish, 
maintain and operate in so far as it is reasonably practicable, community, local, or regional 
broadcasting services, which shall have the 
character of a public service, and be available free-to-air, 
(h) subject to the consent of the Minister, the Minister 
having consulted with the Authority, to establish and maintain non-broadcast non-linear audio­visual media services, in so  far as it is reasonably 
practicable, which shall ha ve the character of a 
public broadcasting service (such consent not 
being required in respect of  such services which 
are ancillary to a broadcasting service provided under paragraphs (a) , (d), (f)  and (g)), 
(i) so far as it is reasonably practicable, to exploit such 
commercial opportunities as may arise in pursuit of the objects outlined in paragraphs (a)  to (h). 
(2) In pursuit of the objects outlined in subsection (1) , TG4 
shall— 
(a) be responsive to the inte rests and concerns of the 
whole community, be mind ful of the need for 
understanding and peace within the whole island of Ireland, ensure that the programmes reflect the varied elements which make up the culture of the people of the whole isla nd of Ireland, and have 
special regard for the el ements which distinguish 
that culture and in particular for the Gaeltachtaí, 
(b) uphold the democratic values enshrined in the 
Constitution, especially those relating to rightful liberty of expression, and 
(c) have regard to the need for the formation of public 
awareness and understanding of the values and traditions of countries other than the State, including in particular those of other Member 
States.  
  
 
 
 
 
 
  
 
 
 
 
 
 
 
  
 
 
 
 
 
 
 
  (3) Without prejudice to  the generality of subsection (1) , TG4 
shall ensure that the programme  schedules of the broadcasting 
services referred to in that subsection— 
(a) provide a comprehensiv e range of programmes, 
primarily in the Irish la nguage, that reflect the 
cultural diversity of th e whole island of Ireland 
and include programmes that entertain, inform 
and educate, provide c overage of sporting, 
religious and cultural activities and cater for the expectations of those of  all age groups in the 
community whose preferred spoken language is Irish or who otherwise have an interest in Irish, 
(b) provide programmes, primarily in the Irish 
language, of news and current affairs, 
(c)
 provide coverage of proceedings in the Houses o f 
the Oireachtas and the European Parliament, and 
(d) facilitate or assist cont emporary cultural expression 
and encourage or promote innovation and experimentation in broadcasting. 
(4) The principal express powers of TG4 in pursuance of the 
objects outlined in subsection (1)  are— 
(a) to establish, maintain and operate broadcasting 
stations and to acquire , install and operate 
apparatus for wireless telegraphy, 
(b) subject to any regulations under the Act of 1926, 
which are for the time being in force, to provide 
for the distribution by means of wired broadcast 
relay stations of programmes broadcast by TG4 and such other programmes as TG4 may decide, 
(c) to originate programmes and procure programmes 
from any source, 
(d) to make contracts, ag reements and arrangements 
incidental or conducive to the objects of TG4, 
(e) to acquire and make use of copyrights,  patents, 
licences, privileges and concessions, 
(f) to collect news and information and to subscribe to 
news services and such ot her services as may be 
conducive to the objects of TG4,  
 
 
 
 
 
 
 
 
 
 
 
 
 
  
 
 
  
  
 
  
 
  (g) to subscribe to such international associations, and 
to such educational, musical and dramatic bodies 
and such other bodies promoting entertainment or culture, as may be conducive to the objects o
f 
TG4, 
(h) to organise, provide and subsidise concerts, 
entertainments, education and other activities in connection with a broadcasting service or for any purpose incidental to it and, in relation to any 
such concert or entertainment, to provide or procure accommodation and, if desired, to make charges for admission, 
(i) to prepare, publish and di stribute, with or without 
charge, such magazines, books, papers and other printed matter as may seem to TG4 to be conducive or incidental to its objects, 
(j) to arrange with other broadcasting organisations or 
authorities for the distribution, receipt, exchange and relay of programmes (whether live or recorded), 
(k) to compile, publish and dist ribute, with or without 
charge, recorded aural and visual material, 
(l)
 to provide programmes of news and current affairs 
in the Irish and English languages, including programmes that provide coverage o
f 
proceedings in the Houses of the Oireachtas and 
the European Parliament, 
(m) to facilitate or assist contemporary cultural 
expression and encourage or promote innovation 
and experimentation in broadcasting, 
(n) to invest in, origin ate or procure films, 
(o) to establish and maintain websites, 
(p) to establish and maintain an electronic 
communications network subject to any enactment or rule of law, 
(q) to establish and maintain an “ electronic 
communications service ” meaning a service which consists wholly or mainly in the conveyance of signals on electronic  
 
 
 
 
  
 
 
  
 
 
  
 
 
  
 
 
  
 
  
 
  Accountability of director 
general of TG4 to Committee of Public 
Accounts. communications networks, subject to the 
provisions of any enactment or rule of law, 
(r) to make available the br oadcasting serv ices of TG4 
in so far as reasonably practicable by any and all 
means of transmission, relaying or distribution, whether by way of broa dcast (which includes 
terrestrial sound and television broadcasting networks, cable networks or satellite networks), 
or by any form of el ectronic means (which 
includes fixed terrestrial networks, mobile terrestrial networks, in cluding the Internet and 
other electronic communications networks) and whether now known or hereinafter invented on a linear or non-lin ear basis, and 
(s) to invest any of  its funds in any manner in which a 
trustee is empowered by law to invest trust funds. 
(5)
 TG4 may, for the purpose of complementing the 
programme material it broadcasts  in the Irish language, acquire 
programme material in other languages; in acquiring such 
material, TG4 shall have regard to the need to maintain the distinctive character of the broadcasting service referred to in 
paragraph (a)  of subsection (1)  and to cater for the expectations 
of audiences who are not ge nerally catered for by other 
broadcasting services. 
(6) Nothing in this section is to be read as preventing TG4 
from including in the programme schedules programmes made 
outside the State. 
(7) Nothing in this section is to be read as preventing TG4 
from providing broadcasting serv ices which are of a special 
interest to only certain members of the community and which 
are made available on a subscrip tion or pay-per-view basis under 
its exploitation of commercial opportunities object. 
(8) TG4 shall have all such powers as are necessary or 
incidental to the attain ment of the objects under subsection (1) 
and which are not inconsistent with this Act. 
(9) Each amount paid to TG4 under section 123 (4)  shall be 
used solely for the purposes of pursuing its public service 
objects. 
119.— The director general of TG4 shall, whenever he or she
is required to do so by a Committee of Dáil Éireann establishedunder the Standing Orders of Dáil  Éireann to examine and report  
  
 
 
 
 
 
 
 
  
 
 
 
 
 
 
 
 
 
  
 
 
  Duty to supply programme 
material. 
Public service broadcasting 
licence. 
Emergencies. to Dáil Éireann on the appropria tion accounts and the reports o f 
the Comptroller and Auditor General, give evidence to that 
Committee on all matters pertaini ng to the expenditure of TG4. 
Chapter 4 
Exchange of Programme Materi al and Spectrum Licencing 
120.— (1) RTÉ shall provide to TG4 programme material in 
the Irish language of such amounts and at such times as may be agreed between them, being of such amounts and at such times as, in their opinion, will result in the equivalent of one hour o
f 
such programme material being provided daily by RTÉ to TG4. 
(2) For the purposes of section 114 (8)  TG4 shall provide to
RTÉ, in such amounts and at such times as may be agreed 
between them, programme materi al representative of the 
programme schedules of the na tional television broadcasting 
service referred to in section 118 (1) (a) . 
121.— (1) The powers conferred on RTÉ by virtue of section 
114 (4) (a)  and (b) shall not be exercise d save under a licence 
(“public service broadcasting licence”) issued to RTÉ or its agent by the Communications Regul ator and in accordance with 
any conditions attached by the Co mmunications Regulator to the 
licence. 
(2) The powers conferred on TG4 by virtue of section 118 (4) 
(a)
 and (b) shall not be exercised save under a public service 
broadcasting licence issued to TG4 or its agent by the 
Communications Regulator and in accordance with any conditions attached by the Communications Regulator to such licence. 
(3) A copy of every public service broadcasting licence shall 
be laid before each House of the Oireachtas as soon as may be 
after the issue of the licence. 
122.— (1) During the continuance of any national emergency 
the Minister may suspend any public service broadcasting licence and any licence under section 132 (1)  or (2) or section 
133 (1)  or (2), and, while any such suspension continues, the 
Minister may operate any serv ice which was provided under the 
suspended licence or require such service to be operated as he or she directs. 
(2) Without prejudice to section 114 (1) (d)  and section 118  
 
 
 
  
 
 
 
 
  
 
 
 
  
 
 
 
 
 
 Allocation of public 
funding. (1) (d)  it shall be a duty of a corpor ation, at the direction of the 
Minister, to assist and to co-ope rate with the relevant public 
bodies in the preparation for, and execution of, the dissemination 
of relevant information to the public in the event of a major 
emergency. 
(3) If and whenever the Minister shall exercise the powers 
conferred on him or her by subsection (1)  a corporation shall be 
entitled to receive from the Mini ster, with the consent of the 
Minister for Finance— 
(a) such sums as are required to defray any expenses 
which, regard being had to the nature of the emergency, have been properly and necessarily incurred by the corporation and for meeting which revenue is by reas on of the exercise o
f 
such powers not otherw ise available to the 
corporation, and 
(b) compensation for any damage done to any property 
of the corporation, be ing damage directly 
attributable to the exercise of such powers. 
(4) The Minister may direct  a corporation to allocate 
broadcasting time for announcements for and on behalf of any 
Minister of the Government, in the event of a major emergency, in connection with the functions  of that Minister of the 
Government, and the corpora tion shall comply with the 
direction. 
(5) In complying with a direction under subsection (4)  a 
corporation may broadcast an a nnouncement that it has received 
such a direction from the Minister. 
Chapter 5 
Allocation of Public Funding to RTÉ and TG4 
123.— (1) The Minister, with the approval of the Minister for 
Finance, may pay to RTÉ out of monies provided by the Oireachtas in respect of each financial year after the passing o
f 
this Act, an amount equal to the to tal of the receipts  in that year 
in respect of television licence fees less— 
(a) any expenses certified by the Minister as having 
been incurred by him or her in that year in 
relation to the collecti on of those fees, and   
 
  
  
  
 
 
 
 
  
  
 
 
  
  
 
 
 
 
  
 
 
   
 
 Recommendations as to 
changes to public funding. (b) any amount paid under section 156 (2) . 
(2) The amount paid to RTÉ in each financial year under 
subsection (1)  of this section, shall be used by RTÉ solely for 
the purposes of— 
(a) pursuing its public service objects, and 
(b) paying amounts levied on RTÉ under section 33  . 
(3) The Minister, with the consen t of the Minister for Finance, 
may from time to time, pay to RTÉ such an amount as he or she 
determines to be reasonable fo r the purposes of defraying the 
expenses incurred by RTÉ in the pursuance of its public service 
objects. 
(4) The Minister, with the consen t of the Minister for Finance, 
may from time to time, pay to TG 4 such an amount as he or she 
determines to be reasonable fo r the purposes of defraying the 
expenses incurred by TG4 in— 
(a) pursuing its public service objects, and 
(b) paying amounts levied on TG4 under section 33  . 
(5) The Minister in making a determination under subsection 
(4) shall consider the multi-a nnual funding needs of TG4. 
124.— (1) In this section— 
“ CPI ” means the consumer price index as compiled by the 
Central Statistics Office; 
“ financial year ” means a pe riod of 12 months ending on 31 
December; 
“ (Δ CPI) ” means the annual percentage change in the CPI; 
“ annual television licence fee modification ” = ( Δ CPI) + 1% 
-X; 
“ X ” means the adjustment recommended by the Authority. 
(2) The Authority, shall in each year, carry out a review of the 
extent to which a corporation has during the previous financial 
year fulfilled the commitments in  respect of its public service 
objects stated in an annual statement of performance commitments for that financial year and the adequacy or otherwise of public funding to enab le the corporation to meet its 
public service objects.  
 
 
  
 
 
 
 
  
  
 
 
 
  
   
 
 
 
 
 
 
 
 
 
 
 
  
  (3) A corporation shall co-opera te with the Authority in the 
exercise of a review under subsection (2) . 
(4) The Authority shall prepare and by 30 June in each year 
submit to the Minister a report of the outcome of any review 
under subsection (2) . 
(5) The Authority shall on the basis of the review under 
subsection (2)  recommend in a report to the Minister an annual 
television licence fee modifica tion and the amount of any 
payment to be made to TG4 under section 123 (4) . 
(6) The Minister shall publish a response to a 
recommendation of the Authority under subsection (5) . 
(7) The Minister shall cause copies of— 
(a) the report of th e Authority under subsection (4) , 
(b) the recommendations made by the Authority under 
subsection (5) , and 
(c) his or her response to the recommendations of the 
Authority under subsection (6) , 
to be laid before each House of the Oireachtas. 
(8) The Authority shall within a period of not more than 3 
years after the passing of this Ac t, and every 5 years thereafter, 
or as directed by the Minister , carry out a review of the 
adequacy or otherwise, of public  funding to enable a corporation 
to meet its public service objects. 
(9) In carrying out a review under subsection (8)  the Authority 
shall take account of the following— 
(a) the existing financial re sources available to a 
corporation, 
(b) the current leve l of public funding available to a 
corporation, 
(c) the multi-annual nature of public funding 
requirements, 
(d) the level of commercial  funding available to a 
corporation in pursuance of its exploitation o f 
commercial opportunities object, 
(e) the outcome of any review under subsection (2) ,  
 
 
 
   
 
  
 
 
 
  
 
  
 
 
 
  
 
 
 
 
 
 
  
  
 
 
 
 
   
 
 (f) the public service statement for a corporation in 
force during the period under review, 
(g) developments in public  service broadcasting 
internationally, 
(h) reports of the Compliance Committee, 
(i) such other matters as the Authority may consider 
relevant, and 
(j) such other matters which the Minister may consider 
relevant and has communicated to the Authority. 
(10) A corporation shall co-opera te with the Authority in the 
exercise of a review under subsection (8) . 
(11) The Authority shall prepar e and as soon as  practicable 
submit to the Minister a report of the outcome of any review 
under subsection (8) . 
(12) The Authority shall on th e basis of the review under 
subsection (8)  make in a report to the Minister under subsection 
(11) a recommendation as to the requi site level of public funding 
required to permit the corporation to fulfil its public service objects. 
(13) The Minister shall submit to the Government— 
(a) the report of the Authority under subsection (11) , 
and 
(b) the recommendation made by the Authority under 
subsection (12) . 
(14) The Government shal l publish a response to the 
recommendation of the Authority under subsection (12) . 
(15) The Minister shall cause copies of: 
(a) the report of th e Authority under subsection (11) , 
(b) the recommendation made by the Authority under 
subsection (12) , and 
(c) the Government’s response to the recommendation 
of the Authority under subsection (14) , 
to be laid before each House of the Oireachtas. 
(16) The Authority may appoint an agent to perform any acts 
and discharge any functions auth orised by this section to be   
 
 
  
 
 
 
 
  
 
 
 
 
 
 
 
 
 
  
 
 
 
 
  
 
 
  Bealach Thithe an 
Oireachtais (Houses of the Oireachtas Channel). performed or discharged by the Authority. 
Chapter 6 
Bealach Thithe an Oireac htais and Bealach Scannán na 
hÉireann 
125.— (1) In this Chapter “ Joint Administration Committee ” 
means a joint committee of the Houses of the Oireachtas to which those Houses have assigned the role of oversight of the broadcasting of the proceedings of the Houses of the Oireachtas. 
(2)
 The Commission of the Houses of the Oireachtas may 
establish, fund and provide a television broadcasting service to 
be known as, in the Irish language, Bealach Thithe an 
Oireachtais or, in the English language, the Houses of the Oireachtas Channel, which shall have the character of a public 
service, be a free-to-air service and be made available, in so far as it is reasonably practicable, to the whole community on the 
island of Ireland. 
(3) The Houses of the Oireachtas Channel shall, as its 
principal function, provide cove rage of proceedings in the 
Houses of the Oireachtas. 
(4) Subject to the consent of the Joint Administration 
Committee, the Houses of the Oireachtas Channel may provide coverage of matters and events ancillary to proceedings of the Houses of the Oireachtas. 
(5) The Houses of the Oireachtas Channel may provide 
coverage of the proceedings of— 
(a) a local authority (within the meaning of the Local 
Government Act 2001 ), 
(b)
 the implementation bodies (within the meaning o f 
the British-Irish Agreement Act 1999 ), 
(c) the legislatures of othe r jurisdictions outside the 
State, 
(d) the institutions of the United Nations, the European 
Communities and the Council of Europe, and 
(e) such other bodies and institutions as the 
Commission of the Houses of the Oireachtas considers appropriate. 
(6) The Commission of the Houses of the Oireachtas may  
 
  
 
  
 
 
 
 
 
 
 
  
 
  
 
 
 
 
 
 
  Amendment of Schedule to 
Houses of the Oireachtas 
Commission Act 2003. 
Bealach Scannán na 
hÉireann (Irish Film 
Channel). enter into such contracts as are necessary to establish and 
maintain the Houses of the Oireachtas Channel. 
(7) The Houses of the Oireacht as Channel shall not broadcast 
advertisements and material which, if transmitted, would 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. 
126.— Schedule 1 to the Houses of the Oireachtas 
Commission Act 2003 is amended by inserting after paragraph 
2(c) the following: 
“(cc) costs for the purposes of defraying the 
expenses incurred by the Commission in respect of Bealach Thithe an Oireachtais under section 125  of the 
Broadcasting Act 2009 ;”. 
127.— (1) The Irish Film Board may establish, fund and 
provide a television broadcasting service to be known as, in the 
Irish language, Bealach Scannán na hÉireann or, in the English language, the Irish Film Channel, which shall have the character 
of a public service, be a free-to-air service and be made available, in so far as it is reasonably practicable, to the whole community on the island of Ireland. 
(2) The Irish Film Channel shall, as its principal purpose, 
provide programme material cons isting of Irish, European, and 
world films and cinema works in cluding, as far as practicable, 
film and cinema works in the Irish language. 
(3) The Irish Film Board may enter into such contracts as are 
necessary to establish and maintain the Irish Film Channel. 
(4) The Irish Film Channel ma y broadcast advertisements, 
broadcast acknowledgements of sponsorship, may fix charges 
and conditions for such broadcas ts and, in fixing the charges, 
may provide for different circumstances and for additional special charges to be made in special cases. 
(5) The Irish Film Channel ma y reject any advertisement 
presented for broadcast in whole or in part. 
(6) The Irish Film Channel in providing a broadcasting 
service under this section shall, subject to the consent of the Minister and the Minister for Ar ts, Sport and Tourism following 
consultation with the Authority, fix—  
  
 
 
 
 
 
 
  
 
 
 
 
  
 
 
 
  
 
 
 
   
 
 
 Oversight of public funding 
of Houses of the Oireachtas Channel and Irish Film 
Channel. (a) the total daily time for broadcasting 
advertisements, and 
(b) the maximum period given to advertisements in 
any 3 hour period. 
(7) Film and cinema works broadcast by the Irish Film 
Channel shall be broadcast unin terrupted by advertisements or 
acknowledgements of sponsorship. 
(8) The Minister, if so requested by the Referendum 
Commission following consul tation by the Referendum 
Commission with the Irish Film Channel and consideration o f 
any proposals of the Irish Film Channel for broadcasts in 
connection with the referendum that it communicates to the 
Referendum Commission, shall direct  the Irish Film Channel in 
writing to allocate broadcasting time to facilitate the Referendum Commission in perf orming its functions, and the 
Irish Film Channel shall comply  with a direction under this 
subsection. 
(9) Charges and conditions referred to in subsection (4)  may 
be fixed subject to variations be nefiting advertisers who use the 
Irish language in their advertisements. 
(10) A power under this section to fix charges and conditions 
shall be read as including a power to cancel or vary any charges or conditions fixed under such  power and, where charges or 
conditions are cancelled, to fix other charges or conditions in 
lieu of those cancelled. 
(11)
 In this section references to advertisements shall be read 
as including references to teleshopping material and to 
advertising matter in sponsored programmes, that is to say, 
programmes supplied for advertising purposes by or on behalf o f 
an advertiser. 
(12) Nothing in this section shall preclude the Irish Film 
Channel from promoting the servic es of the Irish Film Board or 
promoting its future broadcasting of featured films and works. 
128.— (1) The Irish Film Board shall prepare prior to the 
provision of a broadcasting servic e in respect of the Irish Film 
Channel and every 5 years therea fter, or as directed by the 
Minister for Arts, Sport and Tour ism, a public service statement, 
not in conflict with this Act, se tting out the principles to be 
observed, and activities to be undertaken by the Irish Film 
Channel.  
  
 
 
 
 
 
 
  
 
  
 
 
 
  
 
  
 
  
 
 
 
  
 
 
 
 Definitions (> Part 8 ). (2) The Commission of the Houses of the Oireachtas shall 
prepare prior to the pr ovision of a broadcasti ng service in respect 
of the Houses of the Oireach tas Channel and every 5 years 
thereafter, a public service statement, not in conflict with this 
Act, setting out the principles to be observed, and activities to be 
undertaken by the Houses of the Oireachtas Channel. 
(3) The Authority shall within a period of not more than 5 
years after the passing of this Act and every 5 years thereafter carry out a review of the ade quacy or otherwise of public 
funding to enable the fulfilm ent of the functions of— 
(a) the Houses of the Oireachtas Channel under 
section 125 , and 
(b) the Irish Film Channel under section 127  . 
(4) The Authority shall prepar e and as soon as practicable 
submit to the Joint Administration Committee a report of the outcome of any review under subsection (3)  in respect of the 
Houses of the Oireachtas Channel. 
(5)
 The Authority shall prepar e and as soon as practicable 
submit to the Minister for Arts, Sport and Tourism a report o f 
the outcome of any review under subsection (3)  in respect of the 
Irish Film Channel. 
PART 8 
Digital Broadcasting and Analogue Switch-Off 
129.— In this Part— 
“Acts of 1926 to 2009” means Wireless Telegraphy Acts 1926 to 
2009; 
“multiplex” means an electronic system which combines 
programme material and related a nd other data in a digital form 
and the transmission of that mate rial and data so combined by 
means of wireless telegraphy dir ectly or indirectly for reception 
by the general public; 
“multiplex licence” means a licence under section 132 (1)  or (2), 
section 133 (1)  or (2), or a television or sound broadcasting 
multiplex licence; “ sound broadcasting multiplex ” means a multiplex in which the 
programme material is predominantly sound;  
  
 
 
 
 
 
 
 
 
  
  
 
 
 
  
  
 
 
   
 
 
 
  
  
 
  
   Additional functions of 
RTÉ. “sound broadcasting multiplex licence” means a licence issued 
for the purposes of subsection (3), (4)  or (5) of section 133  ; 
“ television multiplex ” means a multiplex in which the programme material is predominantly television; 
“ television multiplex licence ” means a licence issued for the 
purposes of subsection (3)  or (4) of section 132  ; 
“ television programme service contract ” means a contract entered into under section 70  . 
130.— (1) ( a) A national television multiplex 
established, maintain ed and operated by RTÉ 
under section 114 (1) (i)  shall provide for the 
broadcasting by digital means of— 
(i) the national television broadcasting service
commonly known as RTÉ One and RTÉ 
Two, 
(ii) TG4, 
(iii) where required by the Minister— 
(I) The Houses of the Oireachtas Channel, 
and 
(II) The Irish Film Channel, 
(iv) such other television services, having the 
character of a public service, as may be 
designated by the Minister by order, and 
(v) where required by RTÉ or where required by 
the Minister, after consultation with the Authority, transmissions of data necessary to 
ensure the proper maintenance and functioning and updating of receiving equipment required for reception and viewing of services referred to in this paragraph and the multiplexes referred to in section 132 (3)  and (4). 
(b) RTÉ shall— 
(i) ensure that the national television multiplex 
referred to in paragraph (a)  is established as 
a matter of priority, and— 
(I) on such date as may be specified by the  
 
 
 
 
  
 
 
 
  
 
 
 
 
  
 
  
 
 Minister by order,  is operational and 
available free-to-air to approximately 
90 per cent of the population, and 
(II) by 31 December 2011, or such later date 
as may be specified by the Minister by order, is operational, available free-to­air and capable of providing coverage 
to the same extent as is, on the passing of this Act, available by free-to-air analogue means, 
and 
(ii) at the request of the Minister, report to the 
Minister on its progress in relation to the 
activities set out in subparagraph (i) . 
(c)
 RTÉ shall take steps to promote the availability o f 
equipment capable of r eceiving, identifying, 
decoding and displaying a national television 
multiplex operated by RTÉ under section 114 (1) 
(i). 
(d) Nothing in this subsection precludes RTÉ from 
making provision in a multiplex established, maintained and operated by RTÉ under section 
114 (1) (i)  for the broadcasting by digital means 
of programme material and related and other data other than that broadcas t as part of a service 
specified in paragraph (a) . 
(e)
 Without prejudice to th e requirements of this 
section, RTÉ may, with the consent of the Minister, the Minister ha ving consulted with the 
Authority, in respect of the use of spare capacity 
on a multiplex established, maintained and operated by RTÉ under section 114 (1) (i) , 
broadcast programme material  in pursuance of its 
exploitation of commerci al opportunities object. 
(2) TG4 shall make to RTÉ such  periodic or other payments
in respect of any service provided by RTÉ for the purposes set out in subsection (1) (a)  of broadcasting by digital means TG4 
as the Minister, after consu ltation with the Communications 
Regulator, RTÉ and TG4, may direct. 
(3) In the event that TG4 doe s not consider the digital 
capacity employed by RTÉ for the purposes set out in subsection  
 
 
 
  
 
 
 
 
 
  
 
 
 
 
  
 
 
 
  (1) (a)  of broadcasting by digital m eans TG4 to be adequate, the 
Minister may, at the request of TG4, direct RTÉ to employ a 
specific amount of digital capacity. 
(4) The Commission of the Houses of the Oireachtas shall 
make to RTÉ such periodic or other payments in respect of any service provided by RTÉ for the purposes set out in subsection 
(1) (a) of broadcasting by digital means the Houses of the Oireachtas Channel as the Minist er, after consultation with the 
Communications Regulator, R TÉ and the Commission of the 
Houses of the Oireachtas, may direct. 
(5)
 In the event that the Commission of the Houses of the 
Oireachtas does not consider th e digital capacity employed by 
RTÉ for the purposes set out in subsection (1) (a)  of 
broadcasting by digital means th e Houses of the Oireachtas 
Channel to be adequate, the Mini ster may, at the request of the 
Commission of the Houses of the Oireachtas, direct RTÉ to employ a specific amount of digital capacity. 
(6) The Irish Film Board shall ma ke to RTÉ such periodic or 
other payments in respect of any service provided by RTÉ for the purposes set out in subsection (1) (a)  of broadcasting by 
digital means the Irish Film Channel as the Minister, afterconsultation with the Communicat ions Regulator, RTÉ and the 
Irish Film Board, may direct. 
(7)
 In the event that the Irish Film Board does not consider the
digital capacity employed by RTÉ for the purposes set out in subsection (1) (a)  of broadcasting by digital means the Irish Film 
Channel to be adequate, the Mini ster may, at the request of the 
Irish Film Board, direct RTÉ to employ a specific amount o
f 
digital capacity. 
(8) A provider of a televisi on service designated by the 
Minister under subsection (1) (a) (iv)  shall make to RTÉ such 
periodic or other payments in re spect of any serv ice provided by 
RTÉ for the purposes of subsection (1) (a) (iv)  as the Minister,
after consultation with the Communications Regulator, RTÉ and the provider of the televi sion service, may direct. 
(9) In the event that a provide r of a television service under 
subsection (1) (a) (iv)  does not consider the digital capacity
employed by RTÉ for the purposes set out in subsection (1) (a) 
(iv) to be adequate, the Minister may, at the request of the 
provider, direct RTÉ to employ a specific amount of digital capacity. 
(10) The Minister shall, at th e request of the Authority and  
 
 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 after consultation with RTÉ require RTÉ to make provision in amultiplex established, maintained and operated by RTÉ under section 114 (1) (i)  for the broadcasting by digital means of the 
television programme service provided under the television 
programme service contract by th e television programme service 
contractor. 
(11)
 If the Minister makes a requirement of RTÉ under 
subsection (10) , the television programme service contractor 
shall make to RTÉ such periodic or other payments in respect o f 
any service provided by RTÉ in me eting that requirement as the 
Minister, after consultation with  the Communications Regulator, 
RTÉ and the television programme service contractor, may direct. 
(12) If the Minister makes a requirement of RTÉ under 
subsection (10)  and in the event that the television programme 
service contractor does not consider the digital capacityemployed by RTÉ for the purposes  of broadcasting by digital 
means the television programme service to be adequate, the Minister may, at the request of the television programme service contractor and after consultation with the Authority, direct RTÉ to employ a specific amount of digital capacity. 
(13)
 A national sound multiplex established, maintained and 
operated by RTÉ under section 114 (1) (i)  shall provide for the 
broadcasting by digital means of such other sound broadcasting 
services, having the character of  a public service, as may be 
designated by the Minister by order. 
(14) A provider of a sound broa dcasting service designated by 
the Minister under subsection (13)  shall make to RTÉ such 
periodic or other payments in re spect of any serv ice provided by 
RTÉ for the purposes of subsection (13)  as the Minister, after 
consultation with the Communicat ions Regulator, RTÉ and the 
provider of the sound broadcas ting service, may direct. 
(15) (a) An order made under this section shall be laid 
before each House of the Oireachtas as soon as 
practicable after it is made. 
(b) Either House of the Oireachtas may, within 21 
sitting days after the da y on which an order was 
laid before it in accordance with paragraph (a) , 
pass a resolution annulling the order. 
(c) The annulment under paragraph (b)  of an order 
takes effect immediately on the passing of the resolution concerned, but doe s not affect anything   
 
 
 
  
 
 
 
 
 
 
  
 
 
 
  
 
  
 
 
 
 
 
  
 
 Additional functions of 
Authority. 
Duty of Communications 
Regulator in respect of digital terrestrial television 
multiplexes. that was done under the order before the passing 
of the resolution. 
131.— (1) It is the function of the Authority to arrange, in 
accordance with this Part, for the establishment, maintenance and operation of multiplexes, including national multiplexes, in addition to any multiplexes established, maintained and operated by RTÉ under section 114 (1) (i) . 
(2) For the purpose of subsection (1)  the Authority shall, with 
persons (“ multiplex contractors ”) enter into contracts (“multiplex contracts”) under wh ich the multiplex contractors 
have, subject to this Part, th e right and duty to establish, 
maintain and operate a multiplex in the area specified in the multiplex contract and in accordance with the terms of the contract. 
(3) It is a duty of the Compliance Committee to ensure that 
every multiplex contractor complies with this Part. 
(4) It is a duty of the Authority to endeavour to  arrange, as a 
matter of priority, for the establishment, maintenance and operation of 3 national television multiplexes, which multiplexes, in so far as it is reasonably practicable, shall be capable of being transmitted by digital terrestrial means to the whole community in the State. 
(5) The Authority has all such powers as are necessary for or 
incidental to the performance of  its functions under this Part 
including, in particular, the power to consult with the 
Communications Regulator  as it sees fit. 
132.— (1) The Communications Re gulator, at the request o f 
RTÉ, shall issue to RTÉ a licence in respect of the establishment, maintenance and operation of a single television multiplex, which multiplex shall, in so far as it is reasonably practicable, be capable of being transmitted by digital terrestrial means to the whole community in the State. 
(2) The Communications Regulator , at the request of RTÉ and 
after consultation with the Minister and with the Authority regarding the digital capacity  requirements of TG4, the 
television programme service co ntractor, the Houses of the 
Oireachtas Channel, the Irish Fi lm Channel, and any television 
service designated under section 130 (1)(a)(iv) , shall issue to 
RTÉ a licence in respect of the establishment, maintenance and operation of one further television multiplex, which multiplex shall, in so far as it is reasonabl y practicable, be capable of being  
 
 
  
 
 
  
 
 
 
 
  
 
  
 
  
 
 
 
 
 
 transmitted by digital terrestrial means to the whole community 
in the State. 
(3) The Communications Regulat or, at the request of the 
Authority, shall issue to the Authority under the Acts of 1926 to 
2009, subject to this Part, television multiplex licences in respect of the establishment, maintenan ce and operation of  4 television 
multiplexes, which multiplexes shall, in so far as it is reasonably practicable, be capable of being transmitted by digital terrestrial means to the whole community in the State, in accordance with 
contracts to be entered into by the Authority under section 136 
(2). 
(4) The Communications Regulator shall consult with the 
Authority regarding the desirability  of it issuing to the Authority 
under the Acts of 1926 to 2009 , subject to this Part, further 
television multiplex licences in respect of the establishment, maintenance and operation of additional television multiplexes, which multiplexes shall, in so fa r as it is reasonably practicable, 
be capable of being transmitted by digital terrestrial means to the whole community in the State, in accordance with additional contracts entered into  by the Authority under section 136 (2) . 
(5)
 Nothing in this section shall be read as preventing the 
Communications Regulator, foll owing consultation with the 
Minister and with the Authority, from issuing under the Acts o f 
1926 to 2009, other licences authoris ing the combination, by 
means of a multiplex other than a multiplex to which subsections 
(1), (2) or (3) relate, of programme material and related and 
other data in a digital form, s ubject to such c onditions as the 
Authority may consider necessary to impose in a contract entered into under section 71  . 
Duty of Communications Regulator in respect of digital terrestrial sound 
broadcasting multiplexes. 133.— (1) The Communications Re gulator, at the request o f 
RTÉ, shall issue to RTÉ a licence in respect of the 
establishment, maintenance and operation of a single sound 
broadcasting multiplex, which multiplex shall, in so far as it is 
reasonably practicable, be capable of being transmitted by digital terrestrial means to the whole community in the State. 
(2) The Communications Regulator , at the request of RTÉ and 
after consultation with the Minist er and the Authority, shall issue 
to RTÉ a licence in respect of the establishment, maintenance 
and operation of one further sound broadcasting multiplex, which multiplex shall, in so far as it is reasonably practicable, be capable of being transmitted by digital terrestrial means to the whole community in the State.  
  
 
 
 
 
  
 
 
 
 
 
  
 
 
  
 
 
 (3) The Communications Regulat or, at the request of the 
Authority, shall issue to the Authority under the Acts of 1926 to 
2009, subject to this Part, a s ound broadcasting multiplex licence 
in respect of the establishmen t, maintenance and operation o f 
one sound broadcasting multiplex, which multiplex shall, in so far as it is reasonably practicable, be capable of being transmitted by digital terrestrial means to the whole community in the State, in accordance with contracts to be entered into by the Authority under section 136 (2) . 
(4) The Communications Regulat or, at the request of the 
Authority, shall issue to the Authority under the Acts of 1926 to 
2009, subject to this Part, sound broadcasting multiplex licences 
in respect of the establishmen t, maintenance and operation o f 
one or more sound broadcasting multiplexes, which multiplexes shall, in so far as it is reasonabl y practicable, be capable of being 
transmitted by digital terrestrial means to the whole community in an area of the State specified  by the Authority, which area 
may consist of the whole or any part of the State, in accordance with contracts to be entered into by the Authority under section 
136 (2) . 
(5) The Communications Regulator shall consult with the 
Authority regarding the desirability  of it issuing to the Authority 
under the Acts of 1926 to 2009, subject to the pr ovisions of this 
Part, further licences in respect of the establishment, maintenance and operation of additional sound broadcasting 
multiplexes, which multiplexes shall, in so far as it is reasonably 
practicable, be capable of being transmitted by digital terrestrial 
means to the whole community in an area of the State specified 
by the Authority, which area may consist of the whole or any 
part of the State, in accordance  with additional contracts to be 
entered into by the Authority under section 136 (2) . 
(6) Nothing in this section shall be read as preventing the 
Communications Regulator, foll owing consultation with the 
Minister and with the Authority, from issuing under the Acts o f 
1926 to 2009, other licences authoris ing the combination, by 
means of a multiplex other than a multiplex to which subsections 
(1), (2), (3) or (4) relate, of programme ma terial and related and 
other data in a digital form, s ubject to such c onditions as the 
Authority may consider necessary to impose in a contract entered into under section 71  . 
Amendment of sound 134.— (1) In this section—broadcasting contracts for listed simulcast services.   
 
  
 
 
 
 
 
 
  
 
  
 
 
 
  
 
 
 
 
 “ Committee” means Contract Awards Committee; 
“ listed simulcast service ” means a sound broadcasting 
service designated for the purpose of a contract amendment as 
set out in subsection (7) (b) ; 
“ relevant incumbent ” means the holder of a sound 
broadcasting contract under subsection (3) . 
(2) Where the Authority directs the Committee to invite 
applications for sound broadcas ting multiplex contracts under 
section 136  , the Authority may also direct the Committee to 
offer to existing sound broadcasti ng contractors w ho are relevant 
incumbents a simulcasting contract extension. 
(3) Where the Committee, in inviting applications for sound 
broadcasting multiplex contracts under section 136 , specifies 
the coverage area under section 136 (3) , it may identify, 
according to its own procedures, sound broadcasting contractors 
who, under sound broadcasting contr acts have the right and duty 
to establish, maintain and operate sound broadcasting transmitters in part or all of the coverage area specified under 
section 136 (3) , and such sound broadcasting contractors will be 
known as relevant incumbents. 
(4) In identifying relevant incumbents under subsection (3) , 
the Committee may use whatever procedures it considers necessary, including consultatio n with the Communications 
Regulator, and any identification by the Committee of a relevant incumbent shall be final. 
(5) Where the Committee has iden tified a relevant incumbent, 
it shall propose to the Authority that the relevant incumbent is 
offered a designation as a listed simulcast service for the purpose of ensuring simulcasts of sound broadcasting contract services 
on sound broadcasting multiplexes. 
(6) Where the Committee has proposed to the Authority that a 
relevant incumbent be offered a designation as a listed simulcast 
service, the Authority shall offer to the relevant incumbent an amendment to its relevant sound broadcasting contract (“ simulcasting amendment ”) and the relevant incumbent shall have 60 days in which to accept in full or reject in full the amendment. 
(7) A simulcasting amendment may contain such terms and 
conditions as the Authority thinks  appropriate and shall contain 
the following terms and conditions:  
  
 
 
 
 
 
 
  
 
 
 
 
 
 
  
 
 
 
 
  
 
 
 
 
 
 Regulations prescribing 
fees. (a) an increase in the period during which the existing 
sound broadcasting contract shall continue in force, 
(b) a designation of the sound broadcasting 
contractor’s sound broa dcasting service as a 
“ listed simulcast service ” for the purpose of this Part, 
(c) a requirement on the sound broadcasting contractor 
to provide its sound broadcasting service so that it may be provided as part of a digital sound broadcasting multiplex under this Part, and 
(d)
 a requirement to enter into any such subsequent 
agreements with sound broadcasting multiplex contractors which the Authority may specify, 
including agreements in relation to the payment of appropriate fees in relation to the costs o
f 
establishing, mainta ining and operating a 
multiplex to the sound broadcasting multiplex contractor or contractors. 
(8) The increase in the period during which an existing sound 
broadcasting contract continues in force under subsection (7)(a) shall be not more than 6 years. 
(9)
 Where a relevant incumbent fails to meet its obligations 
under subsection (7) (c)  or (d) , the simulcasting amendment to 
its sound broadcasting contract will be considered to be null and 
void. 
135.— (1) Every multiplex licence shall be issued on payment 
of such fees (if any) as may be prescribed in regulations by the 
Communications Regulator, with the consent of the Minister. 
(2) Regulations made under this section may prescribe in 
relation to all such licences or a ny particular class or classes o f 
such licences— 
(a) the fees to be paid on the grant or renewal of such 
licences, and 
(b) the time and manner at and in which such fees are 
to be paid. 
(3) (a) Every regulation made under this section shall 
be laid before each House of the Oireachtas by 
the Communications Regulator as soon as may be  
  
 
 
  
 
 
 
 
 
 
  
 
   
 
 
 
 
  
  Applications for multiplex 
contracts. after it is made. 
(b) Either House of the Oireachtas may, by resolution 
passed within 21 sitting days after the day on 
which a regulation was laid before it in accordance with paragraph (a) , annul the 
regulation. 
(c) The annulment under paragraph (b)  of a regulation 
takes effect immediately on the passing of the resolution concerned but does not affect anything 
that was done under the regulation before the passing of the resolution. 
136.— (1) In order to secure the orderly establishment, 
maintenance and operation of multiplexes the Authority shall from time to time having regard to the availability of radio 
frequencies for multiplexes, specify the coverage area (which area may consist of a whole or a ny part of the State) in which 
programme material and relate d and other data shall be 
broadcast pursuant to a multiplex contract and shall direct the Contract Awards Committee to invite applications for a multiplex contract and the Contract Awards Committee shall comply with the direction. 
(2) Subject to this Part, the Contract Awards Committee may 
recommend that the Authority enter into such multiplex contracts, and the Authority shall follow any such recommendation. 
(3) Where the Contract Awards Committee invites 
applications for a multiplex c ontract it shall by public notice 
specify the coverage area (spe cified by the Authority under 
subsection (1) ) in which the programme material and related and 
other data shall be broadcast pursu ant to such contract (in this 
section referred to as “ maximum coverage area ”) and by such notice shall invite persons interested in establishing and maintaining a multiplex to apply for such contract. 
(4) Every notice under subsection (3)  shall— 
(a) be published on a website maintained by the 
Authority, and where appropriate, in a newspaper circulating in the area to be served, 
(b) specify the procedure to be followed in order to 
make an application, and 
(c) specify any other matters which appear to the  
  
 
  
 
 
  
 
 
  
 
  
 
 
 
  
 
 
 
 
 
 
  
 Determination of 
applications for award of 
multiplex contracts. Contract Awards Committee to be necessary or relevant. 
(5)
 The Contract Awards Comm ittee may, in a notice under 
subsection (3) , specify the minimum coverage area in which the 
programme material and relate d and other data shall be 
broadcast under the contract, whic h coverage area may be less 
than that of the maximum covera ge area specified in the notice. 
(6) Notwithstanding subsection (3) , where a minimum 
coverage area is specified in a notice under that subsection the coverage area in which the prog ramme material and related and 
other data shall be broadcast pu rsuant to any contract entered 
into on foot of such notice sha ll be the minimum coverage area 
so specified, subject to the requir ement that every effort is made 
by the person to whom the contract  is awarded to ensure that the 
programme material and related and other data is br oadcast in as 
much of the maximum coverage area as is practicable. 
(7) Where the Authority directs the Contract Awards 
Committee to invite applications for sound broadcasting multiplex contracts under subsection (1) , the Contract Awards 
Committee shall, as part of the notice, indicate whether any listed simulcast services shall be contained on the multiplex. 
137.— (1) The Contract Awards Committee shall, in 
accordance with this Part, consider every application for a multiplex contract received by it pursuant to a notice under section 136 for the purpose of determining the most suitable applicant, if any, to be awarded a multiplex contract. 
(2) In the consideration of app lications received by it and in 
determining the most suitable applicant to be awarded a multiplex contract, the Contract Awards Committee shall have regard to— 
(a)
 the character, expertise and experience of the 
applicant or, if the applicant is a body corporate, the character, expertise and experience of the 
body and its directors, manager, secretary or 
other similar officer and its members and the persons entitled to the beneficial ownership of its shares, 
(b) the adequacy of the financial resources that will be 
available to each applicant and the extent to which the application accords with good business and economic principles,  
 
 
 
  
 
 
 
  
 
 
  
 
 
 
 
 
 
 
 
 
 
 
 
  
  Terms and conditions of (c) the range and type of programme material or 
compilations of programme  material proposed to 
be included in the multiplex by the applicant and 
how the applicant proposes to secure continued 
inclusion of such material, 
(d) in the case of a television multiplex, the proposals 
by the applicant for prom oting the acquisition by 
persons in the proposed coverage area o f 
equipment capable of— 
(i) receiving, identifyi ng and, subject to the 
viewer gaining any ne cessary entitlements 
for non free-to-air services, decoding and displaying all of the television multiplexes available or expected to be available in that area, including the national television multiplex referred to in section 130 (1) (a) , 
and 
(ii) enabling such persons to keep themselves 
informed of the choice of programme material included in those multiplexes, 
(e) the extent of the coverage area proposed to be 
achieved by the applicant, 
(f) the technical proposal, including a timetable for 
implementation, regarding the establishment, maintenance and operation of the proposed multiplex, 
(g) in the case of a sound broadcasting multiplex, the 
proposals by the applicant for facilitating the inclusion of any listed simulcast services and promoting such services, 
(h) any other matters which the Contract Awards 
Committee considers to be necessary to secure the orderly establishment, maintenance and operation of multiplexes, and 
(i)
 the desirability of allo wing any person, or groups o f 
persons, to have control of, or a substantial interest in, an undue amount of communications media in the area specified in the notice under section 136 (3) . 
138.— (1) Every multiplex contract may contain such terms  
 
 
 
 
 
  
 
  
 
 
 
 
 
  
 
 
 
  
  
 
  
 
  
 
 
  multiplex contracts.	 and conditions as the Authorit y considers appropriate and 
specifies in the contract. 
(2) Without prejudice to the generality of subsection (1) , the 
Authority— 
(a) may specify in a multiplex contract all or any o f 
the following terms or conditions: 
(i) in the case of a sound broadcasting multiplex 
contractor, a condition requiring the 
multiplex contractor to implement any proposals made in his or  her application for 
facilitating the inclusion of any listed simulcast services and promoting such services; 
(ii) the period during which the contract shall 
continue in force; 
(iii)
 whether the contract may be renewed and, i f 
so, the manner in whic h, the terms on which, 
and the period for which, the contract may be so renewed; 
(iv) a condition prohibiting the assignment of the 
contract or of any in terest therein without 
the prior consent of the Authority; and 
(v) if the multiplex contractor is a company, a 
condition prohibiting any alteration in the Memorandum or Articles of Association o
f 
the company or in so much of that 
Memorandum or of those Articles as may be 
specified or prohibiting any material change in the ownership of th e company without the 
prior approval of the Authority; 
and 
(b) may specify in such a contract the following 
conditions: (i) a condition requiring the multiplex contractor 
to provide the range and type of programmes 
which he or she proposed  to offer in his or 
her application for the award of the contract; 
(ii) a condition requiring the multiplex contractor 
to implement any proposals made in his or  
 
 
  
 
 
  
 
  
 
 
  
 
 
 
 
  
 
   
 
  
 her application for the coverage area of the 
multiplex or multiplexes; 
(iii) a condition requiring the multiplex contractor 
to implement the proposals made in his or her application for the award of the contract 
for promoting the acquisition, by persons in the proposed coverage area of the multiplex, of equipment capable of receiving, identifying and, subject to the viewer gaining any necessary entitlements for non free-to-air services, d ecoding and displaying 
all of the multiplexes available in that area; and 
(iv)	 following consultation with the 
Communications Regul ator, any condition 
requiring the multiplex contractor to comply with any technical condition as the Communications Regulator may require in the exercise of its functions. 
(3) If a multiplex contract does not contain a condition of the 
type specified in subparagraph (iv)  or (v) of subsection (2) (a) , 
the following provisions shall have effect: 
(a)
 the multiplex contract, or any interest in it, shall 
not be assignable, nor shall any alteration be 
made in the Memorandum or Articles o f 
Association of a company which is a multiplex 
contractor, nor shall there be any material change 
in the ownership of such a company, without the 
previous consent in wri ting of the Authority, and 
the Authority may, if it considers it reasonable so to do, refuse such consent stating the grounds for such refusal; and 
(b) in considering whether to grant its consent to an 
assignment of a multiplex contract, a change in the Memorandum or Articles of Association o
f 
the company which is the multiplex contractor, or a material change in the ownership of such a company, the Authority shall have regard to the criteria specified in section 137 (2) . 
(4) Every multiplex contract shall— 
(a) provide that a multiplex contractor shall pay to the 
Authority the fees (if any) specified in it,  
  
 
 
 
  
 
 
 
 
 
 
 
 
 
 
 
  
  
   
 
  including any fees payable by the Authority to the 
Communications Regulator under section 135  , 
and 
(b) provide that the multiplex contractor shall provide 
such information (including copies of his or her accounts) as the Author ity or the Compliance 
Committee may consider it requires in order to enable it carry out its f unctions under this Part. 
(5) Every multiplex contract shall be open to inspection by 
members of the public at the Au thority’s registered office and 
the Authority shall, on request made by any person and on payment of such sum (if any) as the Authority may reasonably require, give to that person a copy of that contract. 
(6) The Authority shall, if it considers it appropriate in the 
context of the interests of the viewer of multiplex services and in the context of satisfactory and orderly operation of multiplexes by multiplex contractors, through further multiplex contract conditions, ensure that each television multiplex contractor operates multiplexes, and any associated services, for which they have entered into multiplex contracts in relation to multiplexes referred to in section 132 (3)  and (4)— 
(a) in a manner which does not prevent the availing by 
persons in any area of a single set of receiving 
equipment that receives all television multiplexes in the area on that one set of receiving equipment, and 
(b) in a manner whereby one set of equipment is 
capable of supporting encr yption systems for all 
multiplexes that may be encrypted but available in the area. 
(7) The Authority may specify in each multiplex contract 
conditions related to subsection (6) . 
Analogue switch-off. 139.— (1) For the purpose of considering for how long it 
would be appropriate for televi sion broadcasting services to 
continue to be provided by an alogue means, the Minister— 
(a) shall keep under review inter alia  the extent of— 
(i) the availability of multiplexes in the State, 
(ii) the availability in the State by digital means 
of the services specified in subsection (2) ,  
  
 
 
  
  
 
  
 
 
 
 
 
 
 
  
 
 
  
 
 
 
  
 
  
 
 
 
 (iii) the ownership or possession in the State o f 
equipment capable of receiving the services 
specified in subsection (2)  when transmitted 
by digital means, and 
(iv) the likely future extent of such availability 
and such ownership or possession, 
and 
(b) shall, at such time or times as he or she considers 
fit and, in any case, every 6 months from the 
passing of this Act until 31 December 2012, require the Authority and RTÉ to report to him or her on the matters referred to in paragraph (a) . 
(2) The services specified for the purposes of subparagraphs 
(ii) and (iii) of subsection (1) (a)  are— 
(a) the national television broadcasting service 
commonly known as RTÉ One and RTÉ Twoestablished and maintained by RTÉ, 
(b) the national television broadcasting service 
established and maintained by TG4 under section 
118 (1) (a) , and 
(c) the television programme  service provided under 
the television programme service contract by the television programme service contractor. 
(3) For the purpose mentioned in subsection (1) , the Minister 
shall, on requiring reports under subsection (1) (b) , consult 
with— 
(a) such persons as appear to the Minister to represent 
viewers as the Minister considers fit, and 
(b) such other persons as th e Minister considers fit, 
regarding the matters referred to in subsection (1) (a)  and 
also, if the Minister considers fit, regarding the likely effects on viewers of any of the se rvices referred to in subsection (2) 
ceasing to be broadcast by analogue means. 
(4) The Minister may, at any stage or following consideration 
of a report under subsection (1) (b) , issue a policy direction 
under section 13 of the Communications Regulation Act 2002 regarding the date or dates with effect from which the Communications Regulator shall revoke licences granted under  
  
 
 
 
  
 
 
  
 
 
 
 
 
 
  
 
 
 
 
 
 
  
 section 121 or section 59  in respect of the pr ovision of any of the 
services referred to in subsection (2)  by analogue means. 
(5) The Communications Regulat or shall, on the passing o f 
this Act, and as necessary under section 60 (1)  vary a term or 
condition of a licence issued under section 59  to ensure that any 
contract for the provision by analogue means of a service 
referred to in subsection (2) (c)  that is at any stage entered into 
by the Authority shall contain a condition that, after a date or 
dates regarding which the Minist er may issue a policy direction 
as set out in subsection (4) , the service may no longer be 
provided by analogue means. 
(6) RTÉ shall take steps to ensure  that all viewers of services 
referred to in paragraphs (a)  and (b) of subsection (2)  provided 
by analogue means are made awar e, of the analogue switch-of f 
date or dates, the reasons for it  or them, the consequences, and 
practical information on how such viewers can receive such services by digital means after that date or those dates. 
(7) The Authority shall from  1 July 2009 until the analogue 
switch-off date or dates provide  information to the public in 
respect of the reception of te levision services by means of a 
multiplex and the reception equipment necessary to receive such television services. 
(8)
 In fulfilling its obligations under subsection (7)  the 
Authority may consult with multiplex contractors, public service 
broadcasters, the television prog ramme service contractor and 
the manufacturers and retailers of such reception equipment. 
(9) The Minister, for the purpose of ensuring a smooth and 
efficient interchange between the provision of analogue and 
digital television services in the context of analogue switch-off, 
shall have the power by himself or herself, or in conjunction 
with any other person, to— 
(a) promote cooperation and coordination between 
broadcasters, multiplex contractors and other 
interested parties in re lation to analogue switch-
off, 
(b) commission research on matters relating to 
analogue switch-off, 
(c) promote public awareness and the dissemination o f 
coordinated information to  the public in relation 
to analogue switch-off, and  
  
 
 
 
 
  
 
 
 
 
 
  
 
 
 
 
 
 
 
 
  
  
 (d) operate, manage or sponsor, whether in whole or in 
part, measures aimed at alleviating the effects o f 
analogue switch-off on classes of communities or persons adversely affected. 
(10) The Minister has all su ch incidental, supplemental, 
ancillary and consequential powers as are necessary or expedient for the purpose of the exercise by him or her of the above powers. 
(11)
 The Minister may, after c onsultation with the Authority, 
the Communications Regulator, RTÉ and such other persons (i f 
any) as he or she considers appropriate, by order— 
(a) confer on the Author ity, the Communications 
Regulator or RTÉ such additional functions 
connected with prepara tion for analogue switch-
off, as the Minister cons iders appropriate, subject 
to the conditions (if any) that may be specified in the order, and 
(b) make such provision as he or she considers 
necessary or expedient in relation to matters ancillary to or arising out of the conferral of those additional functions. 
(12) ( a) An order made under subsection (11)  shall be 
laid before each House of the Oireachtas as soon as practicable after it is made. 
(b) Either House of the Oireachtas may, within 21 
sitting days after the da y on which an order was 
laid before it in accordance with paragraph (a) , 
pass a resolution annulling the order. 
(c) The annulment under paragraph (b)  of an order 
takes effect immediately on the passing of the resolution concerned, but doe s not affect anything 
that was done under the order before the passing of the resolution. 
(13) In subsection (6)  “ analogue switch-off date or dates ” 
means the date or dates with effect from which the Communications Regulator shall revoke any licences specified 
in subsection (4) . 
PART 9   
 
 
 
 
 
 
 
 
 
 
 
 
  
 
 
 
 
 
  
 
 
 
 
  Definitions ( Part 9 ) — 
order — “specified place”. Television Licence 
140.— (1) In this Part— 
“ apartment ” means a self-contained residential unit in a 
building that comprises a number of such units; 
“ issuing agent ” has the meaning assigned to it by section 145 
(1); 
“ officer of an issuing agent ” means a person appointed as an 
officer of an issuing agent under section 146 (1) ; 
“ premises ” means land, a vehicle, a structure of any kind 
whether attached or affixed to th e land or not and includes a part 
of a building occupied as a sepa rate dwelling whether or not the 
occupier with any other person shares any portion of it or any 
accommodation, amenity or facility in connection with it; 
“prescribed” means prescribed  by regulations made by the 
Minister; 
“ reminder notification ” has the meaning assigned to it in 
section 149 (1) ; 
“ specified place ” in cludes an apartment, holiday apartment 
or any individual room specified by order under subsection (2) ; 
“ television licence ” mean s a licence granted under section 
143 ; 
“ television set ” means any electronic apparatus capable o f 
receiving and exhibiting tele vision broadcasting services 
broadcast for general reception (whe ther or not its use for that 
purpose is dependent on the use of  anything else in conjunction 
with it) and any software or asse mbly comprising such apparatus 
and other apparatus; 
“ vehicle ” means a vehicle other than a mechanically 
propelled vehicle (within the mean ing of section 3 of the Road 
Traffic Act 1961 ) capable of being lived in being a caravan or a mobile home. 
(2) The Minister may by order specify that a specified place 
includes individual rooms or a number of such within a premises used for commercial purposes, apart-hotel, hotel, place normally used for indoor public entertainment, licensed premises (within the meaning of section 2 of th e Intoxicating Liquor Act 2003 ), 
registered club (within the m eaning of section 13 of the 
Registration of Clubs (Ireland) Act 1904) or place of work.    
  
 
 
 
 
 
 
 
 
   
 
  
 
 
  
 
 
 
 
  
 
 
 
 Laying regulations and orders — Part 9 . 
Restrictions on possession 
of television set. 
Grant of television licences. 141.— (1) Every regulation and order made under this Part 
shall be laid before each House of the Oireachtas as soon as may 
be after it is made. 
(2) Either House of the Oireachta s may, within 21 sitting days 
after the day on which a regulation or an order was laid before it in accordance with subsection (1) , pass a resolution annulling 
the regulation or order, as the case may be. 
(3) The annulment under subsection (2)  of a regulation or 
order takes effect immediately on  the passing of the resolution 
concerned, but does not affect anything that was done under it 
before the passing of the resolution. 
142.— (1) Subject to the exceptions mentioned in subsection 
(3), a person shall not keep or have in his or her possession 
anywhere in the territory of the State a television set save in so far as such keeping or possessi on is authorised by a television 
licence for the time being in force. 
(2) A person having possession of a television set under a 
television licence shall not keep such a television set otherwise 
than in accordance with the terms and conditions subject to which such licence is expressly, or  is by virtue of this Part 
deemed to have been granted. 
(3)
 This section does not apply to a television set, which is o f 
a class or description for the time being declared by an order o f 
the Minister to be a class or description of television set to which this section is not to apply. 
143.— (1) The Minister may, subj ect to this Part and on 
payment of the prescribed fee (if any) grant to any person a licence (“ television licence ”) to  keep and have possession of a 
television set in a premises or specified place in the territory o
f 
the State. 
(2) Every television licence shall be in such form, continue in 
force for such period, and be subject to such conditions and restrictions (incl uding conditions as to suspension and 
revocation) as prescribed in regulations made under section 144  . 
(3) On the passing of this Act section 5 of the Act of 1926 
does not apply to television sets. 
(4) All licences for the keeping and possession of a television 
set (within the meaning of section 1 of the Act of 1972) which were granted under section 5 of the Act of 1926 and are in force  
 
   
  
 
 
   
 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
  
  Regulations in regard to 
television licences. on the passing of this Act continue  in force for the remainder o f 
their period of validity and are deemed to have been granted under this section and this Part applies to all such licences 
accordingly. 
144.— (1) The Minister may make regulations prescribing in 
relation to all television licences or any particular class or classes of television licences in respect of premises or specified 
places generally or different cla sses of such, all or any of the 
matters following, that is to say: 
(a) the form of a licence, 
(b) the period during which a licence continues in 
force, 
(c) the manner in which, the terms on which, and the 
period or periods for which a licence may be renewed, 
(d) the circumstances in which or the terms under 
which the licence is granted, 
(e) the terms and conditions  to be observed by the 
holder of a licence and subject to which the licence is deemed to be granted, 
(f) the circumstances and manner in which a licence 
may be amended, suspended or revoked by the Minister, 
(g) the fees to be paid on the grant or renewal of a 
licence, including any discount of fees, and the time and manner at and in which such fees are to 
be paid, and 
(h) matters which a licence  does not entitle or 
authorise the licen ce holder to do. 
(2) Where regulations are made under this section prescribing 
fees to be paid on the grant of a television licence, different fees 
may be prescribed in respect of  licences granted in relation to 
different classes of premises or specified places and the number of television sets kept in the premises or specified place to which the television licence relates. 
(3) No regulation shall be made under this section in relation 
to fees without the previous cons ent of the Minister for Finance. 
(4) On the passing of this Act section 6 of the Act of 1926  
 
 
 
 
 
  
 
  
  
 
 
  
 
 
 
 
 
 
 
 
  
 
 
 
 
  
 
 Issue of television licences 
by agent. does not apply in relation to television licences and any regulations made under that sect ion before such passing and 
which are in force on such passing in relation to television licences continue as if made under this section. 
145.— (1) In this section “ issuing agent ” means An Post or 
another person designated by the Minister under subsection (3) . 
(2) Subject to subsection (12) , an issuing agent may, on 
payment of the appropriate licen ce fee, issue on behalf of the 
Minister a television licence in  accordance with this Part. 
(3) The Minister may by order designate a person other than 
An Post to be an issuing agent for the purposes of this section other than subsection (12). 
(4) An issuing agent may— 
(a) collect fees in respect of  television licences, and 
(b)
 identify persons who ha ve television sets not 
authorised by a licence for the time being in 
force, 
on such terms and conditions as  the Minister may decide. 
(5) Summary proceedings may be brought and prosecuted by 
an issuing agent for an offence under section 147 (3)  or 148 . 
(6) An issuing agent shall maintain and furnish such data and 
information, and in such format  (including electronic formats), 
as the Minister may require in re lation to the exercise of powers 
conferred on the issui ng agent under this Part. 
(7) An issuing agent shall pay to the Minister such amounts 
arising in relation to the collection by the issuing agent of fees 
due in respect of the is sue of television licences. 
(8) An issuing agent shall pay to the Minister promptly the 
amounts collected by the issuing ag ent in respect of the issue o f 
television licences. 
(9) The Minister shall pay to an issuing agent an appropriate 
sum in respect of work done by th e issuing agent in  the exercise 
of powers conferred on the i ssuing agent under this Part. 
(10) The appropriate sum payable by the Minister to an 
issuing agent and the manner in which and the intervals at which 
it is to be paid shall be decided by the Minister after consultation with the issuing agent.  
 
 
 
 
 
 
 
 
 
 
 
  
 
 
 
 
  
 
 
 
  
 
  
 Request to show television 
licence. 
Statutory declaration. (11) An issuing agent may, with  the consent of the Minister, 
appoint a sub-agent to perform a ny acts and exercise any powers 
(other than subsection (5) ) authorised by this Part to be 
performed or exercised by the issuing agent. 
(12) The Department of Social  and Family Affairs may issue 
on behalf of the Minister a tele vision licence to a person who, in 
accordance with the scheme admi nistered by the Minister for 
Social and Family Affairs know n as a Free Television Licence 
or any scheme amending or replacing that scheme, is entitled to 
a television licence under that scheme. 
(13) The Department of Social  and Family Affairs may, with 
the consent of the Minister, appoint  an agent to issue a television 
licence for the purposes of subsection (12) . 
(14) Anything commenced before the passing of this Act by 
or under the authority of the Minist er may, in so far as it relates 
to the functions under this section, be carried on or completed on or after such commencement by an issuing agent. 
146.— (1) An issuing agent may appoint persons to be 
officers of the issuing agent for the purposes of this Part. 
(2) A person appointed under subsection (1)  shall, on his or 
her appointment be furnished by the issuing agent with a 
certificate of his or her appoint ment and when exercising a 
power conferred by subsection (3)  shall, if requested by any 
person thereby affected, produce such  certificate to  that person 
for inspection. 
(3)
 An officer of an issuing agent may enter at any reasonable 
time any premises or specified place for the purposes o f 
ascertaining whether there is a television set there and a television licence is for the time being in force in respect of the premises or specified place au thorising the keeping of a 
television set at the premises or specified place. 
(4) An officer of an issuing agent may request any person on 
the premises or at the place where he or she finds a television set 
or evidence of such to produce th e television licence for the time 
being in force in respect of the premises or specified place for 
inspection by the officer. 
147.— (1) An officer of an issuing agent may, if and 
whenever he or she thinks prope r so to do, cause a special notice 
in writing (accompanied by or having annexed to it a form o f 
declaration) to be gi ven personally to, or be  served by registered  
  
 
 
  
 
  
 
 
 
 
 
 
 
 
 
 
 
 
  
 
 
  
 
  
 
 
   
 
 post on, any person requiring that person, within 28 days after 
the service of the notice on him or her— 
(a) to state on the form of declaration such one or 
more of the matters mentioned below as specified in the notice, 
(b) to sign and otherwise complete the declaration, and 
(c)
 to give it or send it by post to a specified officer o f 
the issuing agent. 
(2) The matters which a person  may be required under this 
section to state in a declaration are— 
(a) whether he or she does or does not keep or has or 
has not in his or her po ssession a television set, 
(b) if he or she keeps or has in his or her possession a 
television set, the premises or specified place at which he or she keeps or has the same, 
(c) whether he or she has or has not a television 
licence then in force, 
(d) if he or she has such a licence, the number, date or 
other identifying informa tion in respect of such 
licence, and 
(e) any other matter relating to the possession of a 
television set or an y apparatus used in 
conjunction with it. 
(3) Every person on whom a notice is duly served under this 
section shall within the time mentioned duly and correctly complete in accordance with the no tice and this section the form 
of declaration accompanying or an nexed to the notice and give 
or send the declaration to the offi cer named in that behalf in the 
notice. If the person makes in it any statement which is to his or 
her knowledge false or misleading he or she commits an offence and is liable on summary convic tion to a fine not exceeding 
€1,000. 
(4)
 Where a person fails or neglects, within 28 days o f 
service, to duly complete the form of declaration accompanied 
or annexed to a notice given or sent to him, it shall be presumed, unless the contrary is  shown, that he or she keeps or has 
possession of a television set at the premises or specified place to which the notice relates and a television licence is not in force in relation to the premises or specified place authorising the  
 
 
 
  
 
 
 
 
 
  
  
 
 
 
 
 
 
 
  
 
  
 
 
 
 
  Offences for not having 
television licence. 
Reminder notification and 
fixed payment notice. keeping or having possession of a television set at the premises 
or specified place. 
(5) On the passing of this Act section 7 of the Act of 1926 
does not apply to television sets. 
148.— A person who keeps, has in his or her possession or 
uses a television set in contravention of section 142  commits an 
offence and is liable on summary conviction— 
(a) in the case of a first such offence, to a fine not 
exceeding €1,000, and 
(b) in the case of a second or subsequent such offence, 
to a fine not exceeding €2,000. 
149.— (1) An officer of the issuing agent may, if and 
whenever he or she thinks proper so to do, send by post or 
deliver personally a notification in writing (“ reminder notification ”) to any person whom he or she believes to keep or 
be in possession of a television se t at a premises or specified 
place other than in accordance wi th a television licence pointing 
out the requirements of section 142  . 
(2) Where an officer of an issuing agent has reasonable 
grounds for believing that a person is committing or has committed an offence under section 148  he or she may, subject 
to subsection (4), serve the person personally or by post with a 
notice (“ fixed payment notice ”) in the prescribed form, stating that— 
(a) the person is alleged to have committed the 
offence, and 
(b)
 the person may during the period of 21 days 
beginning on the date of the notice make to the 
issuing agent at the address specified in the notice a payment of the appropri ate amount specified in 
the notice, and accompanied by the notice and evidence of having obtai ned a televisi on licence 
in respect of a premises  or specified place to 
which the notice relates, and 
(c) a prosecution in respect of  the alleged offence shall 
not be instituted during the period specified in the notice, and— 
(i) if the payment specified  in the notice is made 
during that period, and  
 
 
 
 
  
 
 
 
 
  
 
 
  
 
 
  
 
 
 
 
 
 
 
 
  
 
 
 
 
  (ii) evidence of having obt ained a valid television 
licence in respect of a specified premises or 
place to which the notice relates is given, 
no prosecution in respect of the alleged offence shall 
be instituted. 
(3) Where notice is given under subsection (2) — 
(a) the person to whom the notice applies may, during 
the period specified in the notice, make to the issuing agent at the address specified in the notice the payment specified in the notice accompanied 
by the notice and evidence of having obtained a 
television licence in resp ect of a premises or 
specified place to whic h the notice relates, 
(b) the issuing agent specified in the notice may 
receive the payment, issue a receipt for it and retain the money paid, and any payment received shall not be recoverable by the person who made 
it, and 
(c) a prosecution in respect of  the alleged offence shall 
not be instituted in th e period specified in the 
notice, and— 
(i) if the payment specified is made during that 
period, and 
(ii) evidence of having obt ained a valid television 
licence in respect of a specified premises or 
place to which the notice relates is given, 
no prosecution in respect of the alleged offence shall 
be instituted. 
(4) A fixed payment notice shall not be served on the person 
unless at least 2 reminder notificatio ns have issued to the person 
and until— 
(a)
 a period of 28 days has elapsed since the issue o f 
the first reminder notification, and 
(b) subsequent to that peri od, a period of 28 days has 
elapsed since the issue of the second reminder notification. 
(5)
 Any payment made to the issuing agent under paragraph 
(a) of subsection (3)  shall be paid into or disposed of for the  
 
  
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
  
 Reminder notification — 
effective date of television 
licence and recovery of licence fees. benefit of the Exchequer in such  manner as the Minister for 
Finance may direct. 
(6) In a prosecution for an offence under section 148 the onus 
of proving that a payment pursuant to a notice under this section 
has been made lies on the defendant. 
(7) In this section “ the appropriate amount ” means— 
(a) an amount being one third of the amount of the 
television licence fee rounded down to the nearest whole euro amount, or 
(b)
 where that amount is greater than one third of the 
maximum amount of the fine to which the person is liable on summary conviction under section 
148 , such amount being not more than one third of the amount of that fine as prescribed and different amounts may be prescribed in respect o
f 
different classes of television licences. 
150.— (1) Where a person has received a first reminder 
notification and the person— 
(a) has held a television li cence, within the 12 month 
period previous to the reminder notification, in 
respect of keeping or possessing a television set at the premises or place to which the notification relates, any renewal of the licence takes effect from the expiration of the previous licence, unless 
the person can satisfy the i ssuing agent that he or 
she was not in possession of  a television set at the 
premises or place during the material time after the expiration of the previous licence, or 
(b) has not held such a licence, any television licence 
obtained by the person to keep or have possession 
of a television set at the premises or place takes effect from the date of the notification or such later date as the issuing agent may decide. 
(2) Where a person having received a first reminder 
notification obtains a television licence after the notification, which is not in accordance with subsection (1) , to keep and have 
possession of a television set at the premises or place specified 
in the notification, the licence is deemed to have effect from the 
date of expiration of the previous  licence or the first notification 
or such later date as the issui ng agent may decide, as the case  
 
  
 
  
 
 
 
 
 
 
  
 
 
  
 
 
  
 Prosecution of offences. 
Miscellaneous 
amendments. may be. The issuing agent may alter accordingly any licence so obtained. 
(3) An issuing agent may recover, as a simple contract debt in 
any court of competent jurisdic tion, any fee owing by a person 
in respect of a television licen ce which has not been obtained by 
the person to keep or possess a television set at a specified premises or place at any material time. 
151.— (1) Summary proceedings for an offence under this 
Part may be brought by the Minister or the issuing agent concerned. 
(2) In a prosecution for an offence under section 148 in which 
it is shown that a television set was in a particular premises or specified place on a particular day, it shall be presumed, until the contrary is shown by the defe ndant, that on that day the 
television set was in the possession of the person who was then the occupier of the prem ises or specified place. 
(3) In a prosecution for an offence under section 148 in which 
it appears that a person kept or  had in his or her possession a 
television set at the time to which the prosecution relates, it shall be presumed, until the contrary is shown by the defendant, that he or she did not at such time hold a television licence then having effect and licensing him or her to keep or have in his or her possession the television set to which the prosecution relates. 
(4)
 In a prosecution for an offence under section 148 in which 
it is shown that a notice under section 147 has been sent by 
registered post it shall be presumed, until the contrary is shown 
by the defendant, that the person to whom the notice was so sent 
has not complied with the requi rements of that section. 
(5) In this section “ occupier ” in relation to premises, means a 
person who as owner, tenant or  otherwise is in occupation, 
whether solely, jointly or severally, of the premises. 
(6) Where an offence under th is Part which has been 
committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on th e part of, a director, manager, 
secretary or other similar officer  of the body corporate, or any 
person who was purporting to act in any such capacity, he or she, as well as the body corporate, commits that offence and is liable to be proceeded against accordingly. 
152.— (1) Section 9 of the Act of 1988 is amended in  
  
 
  
 
 
  
  
 
  
 
 
 
 
 
 
 
  
 
  
 
 
  
 
  
 Definitions (Part 10 ). 
Broadcasting funding 
scheme. subsection (5) by substituting for the definition of “ television 
set ” the following: 
“ ‘ television set ’ has the meaning assigned to it by 
section 140 of the Broadcasting Act 2009 .”. 
(2) Section 2 (1) of the Comm unications Regulation Act 2002 
is amended by substituting for the definition of “television set” 
the following: 
“ ‘television set’ has th e meaning assigned to it by 
section 140 of the Broadcasting Act 2009 ;”. 
PART 10 
Broadcasting Fund 
153.— In this Part— 
“ appropriate network provider ” means a body re ferred to in 
section 77 (1) ; 
“ free television service ” mean s a television broadcasting 
service for the reception of which no charge is made by the person providing the service, and reception of which is available to at least 90 pe r cent of the populatio n of the State; 
“ programme material ” means a udio-visual or audio material, 
including advertising and simila r material, which was broadcast 
in whole or in part or was reco rded for broadcast, and includes 
stills and photographs produced from such material or in the 
context of the recordi ng of such material; 
“ scheme ” means a scheme prepared under section 154  . 
154.— (1) The Authority shall prepare and submit to the 
Minister for his or her appr oval a scheme or a number o f 
schemes for the granting of funds  to support all or any of the 
following— 
(a) new television or sound broadcasting programmes 
including feature films, animation and drama on 
Irish culture, heritage and experience, 
including— 
(i) history (including histor y relating to particular 
areas, groups or aspects of experience, 
activity or influence),   
  
  
  
  
 
 
 
  
 
  
 
 
 
 
 
 
 
 
  
 
 
 
 
 
 
 
 
 
 (ii) historical buildings, 
(iii) the natural environment, (iv) folk, rural and vernacular heritage, (v) traditional and contemporary arts, (vi) the Irish language, and (vii) the Irish experience in	  European and 
international contexts, 
(b) new television or sound broadcasting programmes 
to improve adult or media literacy, 
(c) new television or sound broadcasting programmes 
which raise public awareness and understanding 
of global issues imp acting on the State and 
countries other than the State, 
(d) programmes under paragraphs (a), (b)  and (c) in 
the Irish language, 
(e) the development of ar chiving of programme 
material produced in the State, and 
(f) such ancillary measures as are necessary to support 
schemes prepared under paragraphs (a), (b), (c) 
or (d). 
(2) A scheme— 
(a) may only fund television programmes under 
subsection (1)  which are broadcast— 
(i) on a free television service which provides 
near universal coverage in the State, or 
(ii) on an appropriate network provider or MMD 
system as part of a community content provision contract under section 72  , 
and which, other than in the case of programmes for 
children or educational programmes or programmes in the Irish language broadcast by commercial and community broadcasters, are broadcast during peak viewing times, 
(b) may only fund sound broadcasting programmes 
under subsection (1)  which are carried on sound  
  
 
 
 
  
 
 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 broadcasting services under a contract made by 
the Authority or operated by RTÉ and which, 
other than in the case of programmes for children or educational programmes or programmes in the Irish language broadcast by commercial and community broadcasters, are broadcast during peak listening times, 
(c) may provide funding for projects relating to 
matters such as research, needs assessments, analyses, feasibility studies and pilot projects in relation to subsection (1) (e), including such 
projects undertaken by  or on behalf of the 
Minister, and 
(d) may not provide funding for programmes which 
are produced primarily for news or current affairs. 
(3) A scheme may provide— 
(a) for the making of applications by persons for 
funding under a scheme, 
(b) general terms and conditions of funding, or 
(c) that funding in a particular  year will be directed 
at— 
(i)
 particular classes of	  television or sound 
broadcasting programmes referred to in 
subsection (1)  including but not limited to 
programmes of a specified nature or subject 
matter, or broadcast by means of a particular 
medium (including media of a local or regional nature such as  local or community 
television or radio), or 
(ii) particular classes of  projects referred to in 
subsection (1) (e) . 
(4) The Authority may attach to any particul ar funding under 
a scheme such particular terms or conditions as it considers 
appropriate in the circumstances. 
(5) The Authority in preparing a scheme, may have regard to 
the developmental needs of community broadcasters. 
(6) The Authority, in preparing a scheme, shall have regard to 
the understanding and enjoyment of television programmes   
 
  
  
  
 
  
  
 
 
  
   
 
  
 
 
 
 
  
 
 
  
 
 Objectives of scheme. under the scheme by persons who ar e deaf or hard of hearing. 
(7) The Minister may direct the Authority— 
(a) to prepare and submit to  him or her a scheme 
relating to any matter in subsection (1) , or 
(b) to amend or revoke a scheme. 
The Authority shall comply  with the direction. 
(8) Any amendment or revocation of a scheme shall be 
submitted by the Authority to the Minister for his or her 
approval. 
(9) A scheme shall, if approved of by the Minister, be— 
(a) published (including publ ication by electronic 
means capable of being read in legible form), and 
(b) carried out in accordance with its terms, 
by the Authority. 
(10) (a) A scheme shall be laid before each House o f 
the Oireachtas by the Minister as soon as may be after it is made. 
(b) Either House of the Oireachtas may, within 21 
sitting days after the day on which a scheme was laid before it in accordance with paragraph (a) , 
pass a resolution annulling the scheme. 
(c) The annulment under paragraph (b)  of a scheme 
takes effect immediately on the passing of the resolution concerned but does not affect anything 
that was done under a scheme before the passing of the resolution. 
(11) On the passing of this Act any scheme made by the BCI 
and approved by the Minist er under section 2 of the 
Broadcasting (Funding) Act 2003 which is in force on such 
passing continues and is deemed to have been made and approved under this section. 
155.— (1) The objectives of a scheme in relation to 
programmes referred to in section 154 (1) (a)  are to— 
(a) develop high quality programmes based on Irish 
culture, heritage and experience,   
 
  
 
 
  
 
  
  
 
  
 
 
 
  
 
  
  
 
 
 
 
 
  Amounts to be paid by 
Minister to scheme. (b) develop these programmes in the Irish language, 
(c) increase the availability of programmes referred to 
in paragraphs (a)  and (b) to audiences in the 
State, 
(d) represent the diversity of Irish culture and heritage, 
(e) record oral Irish heritage and aspects of Irish 
heritage which are disappearing, under threat, or 
have not been previously recorded, and 
(f) develop local and community broadcasting. 
(2) The objective of a scheme in relation to the development 
of archiving of pr ogramme material produced in the State 
referred to in section 154 (1) (e)  is to develop an integrated 
approach to the arch iving of programme material, including the 
development of suitable storage processes and formats and the accessing of material by interested parties and reflecting the obligations of the Authority as set out in subsections (6) , (7), (8) 
and (9)  of section 69  . 
(3) The Authority, in preparing a scheme and in considering 
applications for funding, shall have  regard to the objectives of a 
scheme. 
156.— (1) In this section “ net receipts ” in relation to the 
receipt of television licence fees, means the total receipts less any expenses in respect of t hose receipts certified by the 
Minister as having been incurred by  him or her in that year in 
relation to the collection of the fees. 
(2) The Minister, with the a pproval of the Minister for 
Finance, may pay to the Authority out of monies provided by the Oireachtas for the purposes of grants under a scheme and any administration of or reasonable expenses relating to a scheme, in respect of each financial year, an amount being equal to 7 per 
cent of net receipts in that year in respect of television licence fees. 
(3)
 The Minister, with the a pproval of the Minister for 
Finance, may from time to time pay to the Authority out o f 
monies provided by the Oireachtas such an amount as he or she determines to be reasonable for the purposes of grants under a scheme and any administration of or reasonable expenses 
relating to a scheme.   
 
 
 
 
  
 
 
 
  
 
 
 
  
 
 
 
 
  
 
 
  Broadcasting fund. 157.— (1) The Authority shall establish and maintain on the 
establishment day a fund wh ich shall be known as the 
Broadcasting Fund and is referred to in this Part as the “Fund”. 
(2) The Fund shall be managed and controlled by the 
Authority and shall consist of a current account (“ current 
account ”) and an investment acc ount (“ investment account ”). 
(3) There shall be paid into the current account all monies 
paid to the Authority under section 156 (2)  and (3) and there 
shall be paid out of the current  account all monies in respect o f 
expenditure by the Auth ority for the purposes of grants under, 
and any administration of or reas onable expenses relating to, a 
scheme duly approved under section 154 . 
(4) Monies standing to the cr edit of the current account and 
not required to meet current liabi lities shall be paid into the 
investment account of the Fund. 
(5) Whenever the monies in th e current account of the Fund 
are not sufficient to meet the curr ent liabilities of that account, 
there shall be paid into that ac count from the investment account 
of the Fund such monies as are necessary to meet those liabilities. 
(6)
 Monies in the investment account of the Fund that are not 
required to meet current and pr ospective liabilities of that 
account shall be invested  and the investments sh all be realised or 
varied from time to time as occasion requires and the proceeds of any such realisation, and a ny income received in respect o
f 
monies invested under this subs ection, shall be paid into the 
investment account of the Fund or invested under this subsection. 
(7) The costs of administratio n of the Fund incurred by the 
Authority shall be defrayed from the resources of the Fund. 
(8) The Authority shall keep al l proper and usual accounts o f 
all monies paid into the Fund and of all disbursements from the Fund including an income and expenditure account, cash-flow 
statement and balance sheet. 
(9) As soon as may be after th e end of each financial year o f 
the Authority, the Authority sh all submit the accounts of the 
Fund to the Comptroller and Auditor General for audit and the Minister shall cause a copy of an  abstract of the accounts as so 
audited together with a copy of the report of the Comptroller and 
Auditor General thereon to be la id before each House of the  
 
 
 
 
  
 
 
 
 
 
  
 
 
 
 
 
 
  
 
  
 
  Oireachtas. 
Reviews of scheme. 
Winding-up and dissolution 
of scheme. (10) As soon as may be, but not later than 3 months, after the 
end of each financial year of the Authority, the Authority shall 
make a report, in such a manner as the Minister may direct, to 
the Minister with respect to the operation by it of the Fund during that financial year and th e Minister shall cause copies o
f 
the report to be laid before each House of the Oireachtas. 
158.— (1) The Authority shall review the operation, 
effectiveness and impact of a scheme not later than 3 years from the passing of this Act, and every 3 years thereaft er, or at such 
other time as may be requested by the Minister, and make a 
written report to the Minister on the review. 
(2) A copy of a report under subsection (1)  shall be laid by the 
Minister before each House of the Oireachtas, as soon as may be, after it has been made to him or her. 
(3) The Minister shall publis h (including publication by 
electronic means capable of being read in legible form) a report 
made to him or her under subsection (1) . 
159.— (1) The Minister may, with the consent of the Minister 
for Finance, direct the Authorit y to wind-up, where there is only 
one scheme, the scheme or, wh ere there is more than one 
scheme, all schemes, and the Fund established under section 157 
and to pay to the Minister any monies remaining in respect o f 
the Fund. The Minister shall pay to RTÉ any such monies paid 
to him or her. 
(2) Where the Minister directs that the scheme or all schemes, 
as the case may be, and the Fund  be wound up in accordance 
with subsection (1) , he or she shall upon being satisfied that the 
scheme has or the schemes have and the Fund has been wound up in accordance with that subsection, by order (in this section referred to as a “dissolution order”) dissolve the scheme or schemes and the Fund. 
(3) Upon the commencement of a dissolution order no further 
scheme may be made under section 154  . 
(4)
 (a) A dissolution order shall be laid before each o f 
the Houses of the Oireachtas as soon as practicable after it is made. 
(b) Either House of the Oireachtas may, by resolution 
passed within 21 sitting days after the day on which a dissolution order was laid before it in  
 
 
  
 
  
 
 
  
  
 
  
 
 
  
 
 
  
 
  
 
  
 
  Definitions (Part 11 ). accordance with paragraph (a) , pass a resolution 
annulling the order. 
(c) The annulment under paragraph (b)  of a 
dissolution order takes e ffect immediately on the 
passing of the resolution concerned, but does not 
affect anything that was done under the order before the passing of the resolution. 
PART 11 
Major Events Television Coverage 
160.— (1) In this Part— 
“broadcaster” has the meaning a ssigned to it in the Council 
Directive; 
“ designated ” means designa ted by a designation order; 
“ designation order ” means an order under section 162 ; 
“ event ” means an event of inte rest to the general public in 
the European Union, a Member State or in the State or in a 
significant part of the State th at is organised by an event 
organiser who is legally entitled to sell the broadcasting rights to 
the event and includes the whole event or where part of it has already taken place the remainder; 
“ event organiser ” means the pers on who is legall y entitled to 
sell the rights to the event; 
“ free television service ” means a television broadcasting 
service for the reception of which no charge is made at anytime 
by the person providing the service,  and which is available on a 
free-to-air basis; 
“ near universal coverage ” means— 
(a) free television service, reception of which is 
available to at least 95 per cent of the population of the State, or 
(b) if at any time fewer than three broadcasters are 
able to provide the c overage required under 
paragraph (a) , free television service, reception 
of which is available to at least 90 per cent of the population of the State; 
“qualifying broadcaster ” means a broadcaster who is deemed  
 
 
  
 
  
 
 
 
 
  
 
 
 
  
 
  
 
 
  
 
 under subsection (2)  to be a qualifying broadcaster; 
“rights ” in relation to the broadcast of a designated event, 
means the exclusive or non-exclus ive rights to broadcast the 
event; 
“television broadcasting ” has the meaning assigned in the 
Council Directive. 
(2) A broadcaster who provides ne ar universal coverage of a 
designated event is deemed to be a qualifying broadcaster. 
(3) For the purpose of subsection (2) , two or more 
broadcasters who enter into a contract or arrangement to jointly 
provide near universal coverage of a designated event shall be 
deemed to be a single broadcaste r with respect to that event. 
(4) A broadcaster may request the Minister to resolve any 
dispute as to the extent of a free television service being 
provided by a broadcaster in the State for the purpose o f 
subsection (2)  and the definition of “near universal coverage” in 
subsection (1) . 
(5) The Minister may consult w ith any technical experts or 
other persons or bodies he or sh e considers appropriate before 
resolving a dispute under subsection (4) . 
Application. 161.— This Part applies to a designated event which is 
designated, before or after 22 April 2003, whether or not any 
agreement or arrangement has been entered into between the 
event organiser and a broadcaster in respect of th e acquisition by 
the broadcaster of rights to the event, and where such an agreement or arrangement has been  entered into before 22 April 
2003, in respect of those rights, it was entered into after the publication of the Council Direc tive concerning an event which 
takes place after 13 November 1999 (being the date Article 3j o
f 
the Council Directive was given effect to by this Part). 
Designation of major 162.— (1) The Minister may by order— events. 
(a) designate events as even ts of major importance to 
society for which the right of a qualifying broadcaster to provide coverage on free television services should be provided in the public interest, and 
(b)
 determine whether coverage on free television 
services of an event designated under paragraph 
(a) should be available—  
 
 
  
 
 
 
 
 
  
 
 
 
 
 
 
 
 
  
  
 
  
 
  
 
  
 
 
 
 
 
  (i) on a live, deferred or  both live and deferred 
basis, and 
(ii) in whole, in part or both in whole and in part. 
(2) The Minister shall have regard to all the circumstances and 
in particular each of the following criteria in making a 
designation under subsection (1) (a) : 
(a) the extent to which the event has a special general 
resonance for the pe ople of Ireland, and 
(b) the extent to which the event has a generally 
recognised distinct cult ural importance for the 
people of Ireland. 
(3) In order to determine the extent to which the criteria in 
subsection (2)  have been met, the following factors may be 
taken into account by the Minister: 
(a) whether the event involves participation by a 
national or non-national t eam or by Irish persons; 
(b) past practice or experience with regard to 
television coverage of the event or similar events. 
(4) The Minister shall consider the following in making the 
determination under subsection (1) (b) : 
(a) the nature of the event, 
(b) the time within the State at which the event takes 
place, and 
(c) practical broadcasting considerations. 
(5) The Minister shall consult with the Minister for Arts, 
Sport and Tourism before ma king, revoking or amending an 
order under this section. 
(6) Where it is proposed to ma ke, revoke or amend an order 
under this section, a dr aft of the order shall be laid before each 
House of the Oireachtas and the order shall not be made until a resolution approving the draft has been passed by each House. 
(7) On the passing of this Act any order made under section 2 
of the Broadcasting (Major Even ts Television Coverage) Act 
1999 which is in force on such passing continues and is deemed to have been made under this section. 
Consultation. 163.— (1) Before making a designation order, the Minister  
 
 
 
 
 
 
 
 
 
  
 
 
 
 
 
 
 
 
  
 
 
 
 
 Broadcasters’ duties with 
respect to designated 
events. 
Broadcasters’ duties with 
respect to Member State events. shall— 
(a) make reasonable efforts to consult with the 
organisers of the event a nd with broadcasters who 
are under the jurisdiction of the State for the 
purpose of the Council Directive, 
(b) publish a notice of the event which the Minister 
intends to designate u nder that section on a 
website maintained by him or her and where appropriate in a newspaper circulating in the State, and 
(c) invite comments on the intended designation from 
members of the public. 
(2)
 The inability to establish who is the organiser of an event 
or the failure of the organi ser or a broadcaster under the 
jurisdiction of the State to res pond to the Minister’s efforts to 
consult shall not preclude the making of a designation order. 
164.— (1) Where a broadcaster u nder the jurisdiction of the 
State who is not a qualifying br oadcaster acquires exclusive 
rights to broadcast a designated ev ent, that broadcaster shall not 
broadcast the event unless the even t has been made available to 
a qualifying broadcaster, in a ccordance with the designation 
order concerned, on request and the payment of reasonable market rates by the qualifying broadcaster. 
(2) Where a qualifying broadcaster acquires the right to 
broadcast a designated event (under this section or  directly) the 
qualifying broadcaster shall br oadcast the event on a free 
television service providing near universal coverage in 
accordance with the designation order concerned. 
(3) In this section, “ designated event ” means an event that is 
designated in a designation order. 
165.— Where another Member State has designated an event 
as being of major importance to  society in that Member State 
and the European Commission has communicated the measures taken by that Member State in accordance with Article 3j.2 o
f 
the Council Directive, no broadcaster under the jurisdiction o f 
the State who acquires exclusive rights to the designated event 
shall exercise the exclusive rights in such a way that a substantial portion of the public in that Member State is deprived of the possibility of following the events in accordance with the measures taken.   
 
 
 
 
  
 
 
 
 
  
 
 
 
  
  
 
 
 
 
 
 Civil remedies. 
Reasonable market rates. 
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. 166.— (1) Where it is alleged by a broadcaster (the 
“ aggrieved broadcaster ”) th at any activity or conduct 
prohibited by section 164  or 165 is being, has been or is about to 
be carried on by one or more other broadcasters (the “other 
broadcaster”), the aggrieved broa dcaster shall be entitled to 
apply to the High Court for the following remedies against the 
other broadcaster: 
(a) an order restraining th e other broadcaster from 
carrying on or attempting to carry on the activity 
or conduct prohibited by section 164 or 165 ; 
(b) a declaration that the contract under which the 
other broadcaster received exclusive rights to the designated event is void; 
(c) damages from the other broadcaster; 
(d) a direction that the right  to provide television 
coverage of the event shall be offered to the aggrieved broadcaster at reasonable market rates. 
(2) An application to the High Court for an order referred to in 
subsection (1)  shall be by motion and the Court, when 
considering the matter, may make such interim or interlocutory order as it considers appropriate. 
167.— (1) For the purpose of section 164 (1) , if broadcasters 
are unable to agree on what constitutes reasonable market rates with respect to television coverage of an event, either of the 
broadcasters may apply to the High Court in a summary manner 
for an order determining reasonable market rates for an event. 
(2) An order under subsection (1)  may contain such 
consequential or supplementary  provisions as the High Court 
considers appropriate. 
168.— (1) Where an event has been designated, and if within 
56 days, or such other lesser or greater period which the Minister directs, before the event or a part of it takes place the event 
organiser has not made an agreement or arrangement with a qualifying broadcaster to enable it to provide coverage on free 
television services in the State of  the event or part of it, as 
determined under section 162 (1) (b)  in the designation order 
which designated the event— 
(a) subject to subsection (3) , a qualifying broadcaster 
may apply to the High Court in a summary  
 
 
 
  
 
 
 
 
 
 
 
 
 manner for an order directing the event organiser 
to give rights to the qualifying broadcaster to provide such coverage and upon such terms as are fixed by the High Court, including the fixing o
f 
reasonable market rates, in respect of the acquisition of th e rights, or 
(b) within that period a qualifying broadcaster has not 
so applied, the event organiser may apply to the High Court in a summary manner to request the High Court to invite qualifying broadcasters to make such an application. 
(2)
 Subject to subsection (3) , the High Court may, on 
application to it under subsection (1) by a qualifying 
broadcaster, direct the event orga niser, upon such terms as to the 
Court appears just and proper,  to give to the qualifying 
broadcaster rights to provide covera ge of the designated event or 
part of it on free television services, as determined under section 
162 (1) (b)  in the designation order wh ich designated the event, 
notwithstanding that all of the terms for the acquisition of the rights to provide coverage under subsection (1) , have not yet 
been fixed by it, including the fixing of reasonable market rates. 
(3) Subsection (1)  does not apply where an event organiser 
decides, prior to the making of an application under subsection 
(1), not to allow coverage of an  event or a part of it, as 
determined under section 162 (1)(b)  in the designation order 
designating the event, on any television service provided by a 
broadcaster. Where an event organiser has so decided, the event 
organiser must notify, as soon as possible, the Minister. 
(4) The High Court in fixing the terms under subsection (1) 
may, in arriving at a computation of reasonable market rates, to 
be paid by a qualifying broadcaster for the acquisition of the 
rights under that subsection, refer th e computation of the rates to 
an arbitrator appointed by the Hi gh Court. The arbitrator shall 
report to the Court and the parties,  by way of issuing an award, 
setting out the amount that he or she decides are reasonable 
market rates. 
(5) An arbitration under subsection (4)  shall be conducted in 
accordance with such procedures as are determined by the Court referring the computation of the rates to the arbitrator. The Court may, in determining such procedures , give such directions as it 
considers just and proper for the processing of the arbitration, including fixing the period within which the award of the arbitrator is to be issued.   
 
 
 
 
 
 
  
 
 
 
 
 
 
 
 
 
 
 
 (6) Where in an application under subsection (1) — 
(a) the High Court has fixe d the reasonable market 
rates, or an arbitrator has issued an award under 
subsection (4) , and prior to the High Court 
making a final order in re spect of the application, 
or 
(b) in the circumstances referred to in subsection (2) , 
the High Court indicates that it will fix the 
reasonable market rates for coverage of the event after the event has taken place, and prior to the event taking place, 
the qualifying broadcaster may wi thdraw the application. The 
High Court may in these circumstances, having regard to the intention of the broadcaster ma king the application, award such 
costs to such party or parties to the application as it considers appropriate. 
(7) The High Court may, either  of its own motion or on 
application to it by an arbitrator appointed under subsection (4) , 
give, from time to time, such directions in connection with the arbitration as it consid ers just and proper. 
(8) Where more than one qualify ing broadcaster applies under 
subsection (1)  for rights to provide coverage of a designated 
event or part of it and the High Court has fixed under this section the terms upon which a qualifying broadcaster may 
obtain the rights, the event or ganiser may choose to which 
qualifying broadcaster it  gives the rights. 
(9)
 Where there is an existing contract in respect of an event 
or part of it between the event organiser and another broadcaster, 
who is not a qualifying broadcaster, the High Court in an application to it under subsection (1)  shall decide to whom and 
in which proportions monies in re spect of the reasonable market 
rates, fixed under this section in  respect of the acquisition o
f 
rights to the event or part  of it, should be paid. 
(10) The High Court may, if it considers it necessary, for the 
purposes of exercising its powers under this section, adjust an 
existing agreement or arrangement, in respect of rights to a designated event or a part of it,  between the event organiser and 
a broadcaster, who is not a qualifying broadcaster. 
(11) Without prejudice to subsection (2) , when considering 
any matter under this section, th e High Court may make such 
interim or interlocutory order as it considers appropriate.   
 
 
  
 
 
  
  
 
  
 
 
 
 
 
 
 
 
 
 
  
  
 
 
 
 
 Arbitration in respect of reasonable market rates 
where event organiser is 
willing to sell broadcasting rights to designated event to 
qualifying broadcaster. 
Criteria for determining 
reasonable market rates. 169.— (1) Where an event organiser is willing to sell rights 
enabling a qualifying broadcaster to  provide coverage on free 
television services in the State of a designated event or a part o f 
it, as determined under section 162 (1) (b) in the designation 
order which designated the event,  but the qualifying broadcaster 
and the event organiser have not ag reed the amount to be paid in 
respect of the acquisition of the rights, the following provisions 
of this section apply. 
(2) The qualifying broadcaster or the event organiser may 
request the other to agree to the appointment of an arbitrator for 
the purposes of fixing reasonable market rates for the acquisition 
of the rights referred to in subsection (1) . In default o f 
agreement, on the appointment of an  arbitrator by the parties, the 
Minister may appoint an arbitrat or, who he or she considers to 
be suitably qualified in this re gard, within 21 days of being 
notified by either party of such default. 
(3) An arbitrator appointed under subsection (2)  shall issue his 
or her award, in writing, which, subject to subsection (4) , shall 
be a provisional award. The arbi trator shall notify the parties 
concerned of the award. 
(4) An award issued under subsection (3)  is not binding on the 
qualifying broadcaster concerned un less, within the period of 21 
days from the date of issuing of the award of the arbitrator under 
subsection (3) , the qualifying broadcaste r has notified the event 
organiser concerned of the qua lifying broadcaster’s acceptance 
of the award. 
170.— In determining that which constitutes reasonable 
market rates or terms for the purposes of this Act, the High Court or an arbitrator shall have regard to, inter alia — 
(a) previous fees (if any) for the event or similar 
events, 
(b) time of day for live coverage of the event, 
(c) the period for which rights are offered, 
(d) the revenue potential asso ciated with the live or 
deferred coverage of the event, 
(e)
 the purposes of Article 3j of the Council Directive 
and the rights conferred on Member States of the 
European Communities to regulate the exercise o f 
broadcasting rights, and   
    
 
 
 
  
  
 
 
  
 
 
 
  
 
 
 
  
   Obligation to give copy of 
agreement or arrangement 
to broadcasting rights to 
Minister. 
Service of directions and 
notification. (f) such other matters as ma y appear to be relevant. 
171.— (1) The Minister may, where he or she considers it is 
in the public interest, direct an  event organiser who has entered 
into an agreement or arrangement with a broadcaster in respect 
of the broadcasting rights to a designated event to give to the Minister, at the Department of Communications, Energy and 
Natural Resources, within such period specified in the direction, a copy of the agreement or arrangement. 
(2) Where an agreement or arrangement referred to in 
subsection (1)  is not in writing, the event organiser must, upon 
receiving a direction of the Mini ster, notify the Minister of the 
agreement or arrangement and set out all its terms and conditions. 
172.— (1) Where a direction or no tification is required under 
this Part to be given to a person,  it shall be in writing, addressed 
to the person and given to the person in one of the following ways— 
(a) by delivering it to the person, 
(b) by leaving it at the address at which the person 
ordinarily carries on business, 
(c) by sending it by post in a pre-paid registered letter 
addressed to the person at the address at which the person ordinarily carries on business, 
(d) if an address for the se rvice of directions or 
notifications has been furnished by the person, by leaving it at, or sending it by pre-paid registered 
post addressed to the person at that address, 
(e)
 in any case where the person giving the direction or 
notification considers that the immediate giving of it is required, by sending it, by means o
f 
electronic mail or a facs imile machine, to a 
device or facility for the reception of electronic mail or facsimiles located at the address at which the person ordinarily carries on business or, if an address for the service of directions or notifications has been fu rnished by the person, 
that address, but only if— 
(i) the sender’s—  
  
 
  
  
 
  
  
 
  
 
 
 
 
  
 
 
 
  
  
 
   
  
 
 Review of designated 
events. 
Dissolution of BCI and 
saver. (I) facility for the reception of electronic 
mail generates a message confirming a receipt of the electronic mail, or 
(II)
 facsimile machine generates a message 
confirming successful transmission o f 
the total number of pages of the direction or notification, 
and 
(ii) the direction or notif ication is also given in 
one of the other ways mentioned in any o f 
the preceding paragraphs. 
(2) For the purposes of this section— 
(a) a company registered unde r the Companies Acts is 
deemed to carry on business at its registered 
office, and every other body corporate and unincorporated body is deemed to carry on 
business at its principal office or place o f 
business, and 
(b) the Minister is deemed to carry on business at the 
Department of Comm unications, Energy and 
Natural Resources. 
173.— (1) Subject to subsection (2) , the Minister shall review, 
from time to time, designated events and the designation o f 
events under section 162  . 
(2) A review under subsection (1)  shall be not later than 3 
years after the preceding review under section 9 of the 
Broadcasting (Major Events Te levision Coverage) (Amendment) 
Act 2003 and every 3 years after that. 
PART 12 
Transitional Provisions 
174.— (1) On the establishment day the BCI is dissolved. 
(2) Notwithstanding the repeal of the Radio and Television 
Act 1988 , the Act of 2001, the Broadcasting (Funding) Act 
2003 , the Broadcasting (Amend ment) Act 2007 or any other 
enactment under section 3  , the BCI continues in being until its 
dissolution on the establishment day and may act under and in  
 
 
  
 
 
 
 
 
 
 
  
  
 
 
 
 
 
 
  
 
  
 
 
  Dissolution of BCC and 
saver. 
Transitional provisions — 
BCI. accordance with and carry out its functions under those enactments and accordingly those enactments continue to apply to the BCI until its dissolution. 
(3) Notwithstanding any of the conditions of their 
appointment, the term of a member of the BCI terminates on the establishment day. 
175.— (1) On the establishment day the BCC is dissolved. 
(2) Notwithstanding the repeal  of the Act of 2001 under 
section 3  , the BCC continues in being until its dissolution on the 
establishment day and may act unde r and in accordance with and 
carry out its functions under that  Act and accordingly that Act 
continues to apply to th e BCC until its dissolution. 
(3) Notwithstanding any of the conditions of their 
appointment, the term of a memb er of the BCC shall terminate 
on the establishment day. 
176.— (1) On the establishment day all land which, 
immediately before that day, was vested in the BCI and all 
rights, powers and privileges relating to or connected with such land shall, without any conveyanc e or assignment, stand vested 
in the Authority for all the es tate or interest for which 
immediately before the said day it was vested in the BCI, but 
subject to all trusts and equities  affecting the land subsisting and 
capable of being performed. 
(2) On the establishment day all property other than land, 
including choses-in-action, whic h immediately before that day 
was the property of the BCI shall stand vested in the Authority without any assignment. 
(3) Every chose-in-action transferred by subsection (2)  to the 
Authority may, after the establishment day, be sued on, recovered or enforced by it in its own name and it shall not be 
necessary for it or the BCI to give notice to th e person bound by 
the chose-in-action of the transf er effected by that subsection. 
(4)
 All rights and liabilities of the BCI arising by virtue of any 
contract or commitment (express or implied) entered into by it 
before the establishment day shall on that day stand transferred 
to the Authority. 
(5) Every right and lia bility transferred by subsection (4)  to 
the Authority may, on and after the establishment day, be sued on, recovered or enforced by or against it in its own name and it  
 
 
 
 
 
 
 
 
 
 
 
 
 
  
 
 
  
 
  
 
 
   
 
 
 Transitional provisions — 
BCC. 
Final accounts of BCI. shall not be necessary for it or the BCI to give notice to the 
person whose right or liability is transferred by that subsection of such transfer. 
(6) Any legal proceedings pending immediately before the 
establishment day to which the BCI  is a party sha ll be continued 
with the substitution in the proceedings for the BCI of the Authority. 
(7) Any licences granted by th e Communications Regulator to 
the BCI under an enactment repealed by section 3  which were 
extant on the passing of  this Act continue. 
(8) Any contracts entered into by the BCI under an enactment 
repealed by section 3  which were extant on the passing of this 
Act continue. 
(9) Anything commenced but not completed before the 
establishment day by the BCI may be carried on and completed 
on or after that day by the Authority or a statutory committee. 
(10) References to the BCI in a ny statute or in any instrument 
made under any statute shall on the establishment day be read as references to the Authority. 
177.— (1) All rights, liabiliti es and assets of the BCC 
immediately before the establis hment day stand transferred to 
the Authority. 
(2) Any pending legal proceedings to which the BCC is a 
party immediately before the establishment day shall continue in the name of the Authority. 
(3) Any investigations being carried out by the BCC 
immediately before the establishm ent day shall continue in the 
name of the Compliance Committee. 
(4) Anything commenced but not completed before the 
establishment day by the BCC may be carried on and completed on or after that day by the Compliance Committee. 
178.— (1) Final accounts of the BCI shall be drawn up by the 
Authority as soon as may be afte r the establishment day in such 
form as may be approved of by the Minister, and in respect o f 
such period or periods as may be specified by the Minister. 
(2) Accounts prepared under this section shall be submitted as 
soon as may be by the Authority for audit, and, immediately after the audit, a copy of the income and expenditure account  
   
 
 
 
 
  
  
 
 
  
 
 
  
 
 
 
 
  
 
 
 
 
  
 Continuance of Ministerial 
consents given in respect of 
public service broadcasters. 
Collective citations — 
Wireless Telegraphy Acts. 
Amendment of 
Broadcasting and Wireless 
Telegraphy Acts (increase of fines, etc.). and of the balance sheet and of such other (if any) of the accounts as the Minister may dir ect and a copy of the auditor’s 
report on the accounts shall be presented to the Minister who shall cause copies of them to be laid before each House of the Oireachtas. 
179.— (1) Any consents granted by the Minister to Radio 
Telefís Éireann or TG4 under an enactment repealed by section 
3 which are in force on the passing of this Act continue. 
(2) Any licences granted by th e Communications Regulator to 
Radio Telefís Éireann or TG4 under an enactment repealed by section 3 which are in force on the passing of this Act continue. 
(3)
 A person appointed by the Government to be a member o f 
Radio Telefís Éireann or TG4 under an enactment repealed by section 3 who is such a member on the passing of this Act continues as such a member of the board of th e corporation. 
PART 13 
Wireless Telegraphy 
180.— (1) The Wireless Telegraphy Acts 1926 to 1988 and 
sections 181 (1)  to (7) and (9) and section 182  may be cited 
together as the Wireless  Telegraphy Acts 1926 to 2009. 
(2) The Broadcasting (Offences) Acts 1968 and 1988, sections 
9 to 16 of the Broadcasting Act 1990 and section 181 (8) , (10) 
and (11) may be cited together as the Broadcasting (Offences) 
Acts 1968 to 2009. 
181.— (1) Section 2 of the Act of 1926 is amended— 
(a) by substituting for the definition of “ the 
appropriate authority” (inserted by Part 1 o f 
Schedule 1 of the Act of 2007) the following: 
“except as provided by s ection 9, ‘ appropriate 
authority ’— 
(a) in relation to wireless telegraphy 
apparatus in ships and vessels associated with safety and security on board them and their operation (including the certificates o
f  
 
 
  
 
 
 
  
 
  
 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 competency for the operation o f 
apparatus for wireless telegraphy 
on ships and vessels), means the Minister for Transport, and 
(b) in relation to any other matter, 
means the Commission;”, 
(b) by deleting the definition of “ broadcast matte r”, 
and 
(c) by inserting after the definition of “ signalling 
station ” the following: 
“ ‘ television set ’ has the meaning assigned to it by section 140 of the Broadcasting Act 2009 .”. 
(2)
 Section 3 of the Act of 1926 is amended by substituting 
for subsection (3) (inserted by section 12(1)(a ) of the Act o f 
1988) the following: 
“(3) A person who keeps, has in his or her possession, 
installs, maintains, works or uses any apparatus (other than a television set) in contraventi on of this section commits an 
offence and is liable— 
(a) on summary conviction, to a fine not 
exceeding €5,000, or 
(b) on conviction on indictment, to a fine not 
exceeding €250,000.”. 
(3) Section 10 of the Act of 1926 is amended in subsection (8) 
(inserted by section 12(1) (d)(ii) of the Act of 1988) by 
substituting for paragraphs ( a) and (b ) the following: 
“(a) on summary conviction, to a fine not 
exceeding €5,000, or 
(b) on conviction on indictment, to a fine not 
exceeding €250,000.”. 
(4) Section 11 of the Act of 1926 is amended in subsection (3) 
(inserted by section 12(1)( f) of the Act of 1988) by 
substituting— 
(a)
 in paragraph (a) “ €5,000” for “one 
thousand pounds”, and 
(b) in paragraph (b) “ €250,000” for “twenty 
thousand pounds”.  
 
 
 
 
 
 
 
 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
  
 
 
 
  
 
 
 (5) Section 12 of the Act of 1926 is amended in subsection (1) 
(as amended by section 34 (e ) of the Broadcasting Authority Act 
1960 ) by substituting “under the Broadcasting Act 2009 ” for 
“under Part II of this Act or under the Broadcasting Authority 
Act, 1960”. 
(6) Section 12 of the Act of 1926 is amended in subsection (3) 
(as amended by section 12(1) (g) of the Act of 1988) by 
substituting for paragraphs ( a) and (b ) the following: 
“(a) on summary conviction, to a fine not 
exceeding €5,000, or 
(b) on conviction on indictment, to a fine not 
exceeding €250,000.”. 
(7) Section 12A of the Act of  1926 is amended by substituting 
for subsection (12) (inserted by section 12(1) (h) of the Act o f 
1988) the following: 
“(12) A person guilty of an offence under this section is 
liable— 
(a) on summary conviction, to a fine not 
exceeding €5,000, or 
(b) on conviction on indictment, to a fine not 
exceeding €250,000.”. 
(8) Section 7 (1) of the Broa dcasting (Offences) Act 1968 is 
amended by substituting— 
(a) in paragraph (a) “€5,000” for “£1,000” (inserted by 
section 18 of the Act of 1988), and 
(b) in paragraph (b) “€250,000” for “£20,000” 
(inserted by that section). 
(9) Section 10 of the Act of 1972 is amended— 
(a) in subsection (1), by substituting for paragraph (a) 
the following: 
“(a) without reasonable cause or 
excuse, fails to comply with a requirement of an order under section 5, or”, 
(b) in subsection (3) (as amended by section 12(2) (a) 
of the Act of 1988) by substituting—  
 
 
 
 
  
 
 
 
 
  
 
 
 
  
 
  
 
  
 
 
 
 
 
  
 
 
 
 
 
 
 
 
 (i) in paragraph (a), “€2,000” for “five hundred 
pounds”, and 
(ii) in paragraph (b), “€5,000” for “one thousand 
pounds”, and 
(c) in subsection (4)(a)  (inserted by section 12(2) (b) of 
the Act of 1988) by substituting for subparagraph 
(i) the following: 
“(i) A person guilty of an offence 
under subsection (2) is 
liable— 
(I) on summary conviction, to 
a fine not exceeding 
€5,000, or 
(II) 	 on conviction on 
indictment, to a fine not exceeding €250,000.”. 
(10) The Act of 1988 is amended— 
(a) in section 6, by substituting for subsection (1) the 
following: 
“(1) A person guilty of an offence under section 3, 4 or 
5 is liable— 
(a) on summary conviction, to a fine 
not exceeding €5,000, or 
(b) on conviction on indictment, to a 
fine not exceeding €250,000.”, 
(b) in section 8, by substituting “€5,000” for “£1,000”, 
(c) in section 9, by substituting for subsection (4) the 
following: 
“(4) A person who contravenes subsection (1) 
commits an offence and is liable on summary conviction 
to a fine not exceeding €5,000.”. 
(11) Section 11 of the Broad casting Act 1990 is amended by 
substituting for subsection (1) the following: 
“(1) A person guilty of an offence under section 9 or 10 
is liable—  
 
 
 
 
  
  
 
  
 
 
 
 
 
  
 
 
 
 
  
 
 
 
  
 
 
  
 
 
  Matters relating to wireless 
telegraphy. 
Amendment to definitions 
in Copyright and Related 
Rights Act 2000. (a) on summary conviction to a fine not 
exceeding €5,000, or 
(b) on conviction on indictment, to a fine not 
exceeding €250,000.”. 
182.— The Act of 1926 is amended by substituting for 
sections 5 to 9 the sections set out in Schedule 2  . 
PART 14 
Miscellaneous 
183.— Section 2 of the Copyright and Related Rights Act 
2000 is amended— 
(a) by substituting for the defi nition of “broadcast” the 
following: 
“ ‘ broadcast ’ means a transmission by wireless 
means, including by terrestrial or satellite means, 
whether digital or analogue, fo r direct public reception or 
for presentation to members of the public of sounds, images or data or any combination of sounds, images or data, or the representations thereof, but does not include 
transmission by means of MMD S or digital terrestrial 
retransmission;”, 
(b) in the definition of “cable programme service” by 
substituting “including MMDS and digital terrestrial retransmi ssion” for “including 
MMDS”, 
(c) by inserting after the defi nition of “database” the 
following: 
“ ‘ digital terrestrial re transmission ’ means the 
reception and immediate retransmission on an encrypted 
basis without alteration by means of a multiplex of a 
broadcast or a cable programme initially transmitted 
from another Member State of the EEA;”, 
and 
(d) by inserting after the definition of “MMDS” the 
following: 
“ ‘ multiplex ’ has the meaning assigned to it in  
  
 
 
 
 
 
 
 
  
 
  
 
  
 
  
 
 
 
 
 
 Minister’s functions in 
relation to electronic 
communications networks 
and electronic communications services. 
Amendment of section 5 of 
Act of 1998 (advertisement, 
etc., by Referendum Commission). section 129 of the Broadcasting Act 2009 ;”. 
184.— (1) Without prejudice to the Minister’s functions under 
this or any other enactment, th e Minister has the power and is 
deemed always to have had the power, by himself or herself, or 
in conjunction with any other pe rson, to fund, install, own and 
operate electronic communicati ons networks and to provide 
electronic communications serv ices, including where such 
networks or services are for the purpose of providing broadcasting services. 
(2) The Minister has all such incidental, supplemental, 
ancillary and consequential powers as are necessary or expedient for the purpose of the exercise by him or her of the above powers. 
(3) The exercise of the powers referred to in subsections (1) 
and (2)  is subject to all requireme nts otherwise imposed by law. 
(4) The powers referred to in subsections (1)  and (2) are in 
addition to and not in substitution for any other powers or functions of the Minister under this or any other enactment. 
185.— The following section is substituted for section 5 o f 
the Act of 1998: 
“5.— (1) Section 41 (3)  of the Broadcasting Act 2009 
does not apply to advertisements  broadcast at the request o f 
the Commission in relation to a matter referred to in section 3 concerning the referendum. 
(2) The Minister for Communications, Energy and 
Natural Resources, if so requested by the Commission following consultation by the Commission with RTÉ and TG4 and consideration of any proposals of RTÉ or TG4 for 
broadcasts in connection with the referendum that RTÉ or 
TG4 communicate to the Commi ssion, shall direct RTÉ and 
TG4 in writing to allocate broad casting time to facilitate the
Commission in performing its functions. RTÉ and TG4 shall comply with the direction. 
(3) The Minister for Communications, Energy and 
Natural Resources, if so requested by the Commission following consultation by the Commission with the BAI and consideration of any proposals of the BAI for 
broadcasts in connection with the referendum by sound 
broadcasting contractors, a television programme service    
  
 
 
  
 
 
  
   
 
 
 
 
 
 
 contractor or content provi sion contractors that it 
communicates to the Commissi on, shall direct the BAI in 
writing to arrange for the provi sion 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. The BAI shall comply with the direction. 
(4) In this section— 
‘BAI’ means Broadcasting Authority of Ireland; ‘RTÉ’ and ‘ TG4’ have the meaning assigned to them, 
respectively, by section 2  of the Broadcasting Act 2009 .”. 
SCHEDULE 1 
Enactments Repealed 
Section 3 . 
Number Short title Extent of repeal 
and year 
No. 45 o f Wireless Telegraphy Act 1926 Section 3A (inserted 
1926 by section 17 of No. 
37 of 1976) and Part II. 
No. 4 o f 
1956 Wireless Telegraph Act 1956 The whole Act 
No. 10 o f 
1960 Broadcasting Authority Act 1960 The whole Act (other than Part II of the Third Schedule) 
No. 4 o f 
1964 Broadcasting Authority (Amendment) Act 1964 The whole Act 
No. 7 of Broadcasting Authority The whole Act 
1966 (Amendment) Act 1966 
No. 2 o f Broadcasting Authority The whole Act 
1971 (Amendment) Act 1971 
No. 5 of Wireless Telegraphy Act 1972 Sections 2, 3, 4, 9, 12 
1972 and 14 and the 
Schedule 
No. 1 o f Broadcasting Authority The whole Act 
1973 (Amendment) Act 1973 
No. 33 of Broadcasting Authority The whole Act 
1974 (Amendment) Act 1974 
No. 37 o f Broadcasting Authority Sections 2 to 17 and  
 
    
 
 
 
 
 
 
  
 
  
 
  
   
 
  
 
 1976 (Amendment) Act 1976 21 
No. 36 of Broadcasting Authority The whole Act 
1979 (Amendment) Act 1979 
No. 24 o f Postal and Sections 76 to 79 
1983 Telecommunications Services 
Act 1983 
No. 19 o f Broadcasting and Wireless Sections 2(2), 10, 11 
1988 Telegraphy Act 1988 and 17 to 20 
No. 20 o f Radio and Television Act The whole Act 
1988 1988 
No. 24 o f Broadcasting Act 1990 Sections 5, 6, 7 and 8 
1990 
No. 15 o f Broadcasting Authority The whole Act 
1993 (Amendment) Act 1993 
No. 28 o f Broadcasting (Major Events The whole Act 
1999 Television Coverage) Act 1999 
No. 4 o f Broadcasting Act 2001 The whole Act 
2001 
No. 13 o f Broadcasting (Major Events The whole Act 
2003 Television Coverage) (Amendment) Act 2003 
No. 43 o f Broadcasting (Funding) Act The whole Act 
2003 2003 
No. 14 o f Disability Act 2005 Section 53 
2005 
No. 15 o f Broadcasting (Amendment) The whole Act 
2007 Act 2007 
No. 22 o f Communications Regulation Paragraph ( b) in the 
2007 (Amendment) Act 2007 third column at item 4 in the first column of Part 1 of Schedule 1 
SCHEDULE 2 
Sections 5 to 9 of the Wireless Telegraphy Act 1926 
Section 182 . 
Grant of licences. 
5.— (1) The appropriate author ity may, subject to this 
Act and on payment of the prescr ibed fee (if any) grant to 
any person a licence to keep and have possession o f 
apparatus for wireless telegraphy in any specified place in  
 
 
 
 
 
  
 
 
 
   
 
 
 
 
   
 
  
 
 
 
 
 
 
 
 the State or to keep and have possession of apparatus for 
wireless telegraphy in any specifi ed ship or other vessel or 
aircraft. 
(2) Every licence granted under this section shall be in 
such form, continue in force for such period and be subject 
to such conditions and restrictions (including conditions as to suspension and revocation) as shall be prescribed in regard to it by regulations made by the appropriate authority under section 6. 
(3) Where it appears appropriate to the appropriate 
authority, it may, in the interest s of the effici ent and orderly 
use of wireless telegraphy, lim it the number of licences for 
any particular class or classe s of apparatus for wireless 
telegraphy granted under this section. 
(4) This section does not apply to television sets. 
(5) For the purposes of this Act and any regulations 
under section 6, a vehicle is itself deemed to be a place 
separate and distinct from the premises in which the vehicle is ordinarily kept, and place a nd specified place shall in this 
Act and in any such regulations be read accordingly. 
Regulations in regard to licences. 
6.— (1) The appropriate authority may make regulations 
prescribing in relation to all licences granted by it under section 5 or any particular clas s or classes of such licences 
all or any of the matters following that is to say— 
(a) the form of such licences, 
(b) the period during wh ich such licences 
continue in force, 
(c) the manner in which, the terms on which, 
and the period or periods for which such licences may be renewed, 
(d) the circumstances in which or the terms 
under which such licences are granted, 
(e) the circumstances and manner in which 
such licences may be suspended or revoked by that authority, 
(f)
 the terms and conditions to be observed 
by the holders of such licences and 
subject to which such licences are  
  
 
 
 
 
 
  
 
 
 
 
 
 
 
 
 
 
  
 
   
 
 
 deemed to be granted, 
(g) the fees to be paid on the application, 
grant or renewal of such licences or 
classes of such licences, subject to such exceptions as the appropriate authority may prescribe, and the time and manner at and in which such fees are to be paid, 
(h) matters which such licences do not 
entitle or authorise the holder to do. 
(2)
 Regulations made under this section may authorise 
and provide for the granting of a licence under section 5 
subject to special terms, conditions, and restrictions to any person who satisfies the appropriate authority that the person requires the licence solely for the purpose o
f 
conducting experiments in wireless telegraphy. 
(3) If it appears to be e xpedient to the appropriate 
authority to do so it may by in strument in writing recognise 
as valid a licence issued by another country or state in respect of a class or classe s of apparatus for wireless 
telegraphy subject to such condi tions or restrictions as to 
the use of such apparatus as  that authority sees fit. 
(4) (a) Every regulation made under this 
section shall be laid before each House of the Oireachtas as soon as may be after it is made. 
(b) Either House of the Oireachtas may, 
within 21 sitting days after the day on which a regulation was laid before it in accordance with paragraph ( a), pass a 
resolution annulling the regulation. 
(c)
 The annulment under paragraph (b) of a 
regulation takes effect immediately on the passing of the resolution concerned, 
but does not affect anything that was 
done under it before the passing of the resolution. 
Obligation to furnish certain information. 
7.— (1) The appropriate authority may, whenever it 
considers it appropriate to do so, serve on a person a special notice, accompanied by or including a form of declaration, requiring the person—  
 
 
  
 
  
 
 
  
 
 
 
 
 
 
 
 
 
  
 
 
 
  
 
 
 (a) to state on the form of declaration such 
one or more of the matters specified in 
subsection (2) as is specified in the notice, 
(b) to complete and sign the declaration, and 
(c) to give or send the completed declaration 
by post to a specified officer of that authority. 
The special notice is required to be in writing and to be 
sent by registered post. 
(2) The matters which a person may be required under 
this section to state in a declaration are— 
(a) whether he or she does or does not keep 
or has or has not in his or her possession any apparatus for wireless telegraphy (other than television sets), 
(b) if he or she keeps or has in his or her 
possession any such apparatus, the nature of such apparatus, the name and address of the person by whom such apparatus was sold, let, hired or otherwise supplied to him or her and the place at which he  or she keeps or 
has the same, 
(c) whether he or she ha s or has not a licence 
granted under section 5 and then in 
force, 
(d)
 if he or she has such a licence, the 
number, date, and office of issue o f 
such licence, 
(e) any matter which the Commission may 
require for the purpose of an order 
under section 5 of the Wireless Telegraphy Act 1972 , and 
(f) any other matter relating to wireless 
telegraphy (other than television sets). 
(3) Every person on whom a special notice is duly served 
under this section shall, within  14 days after service, duly 
and correctly complete in accordance with the notice and  
 
 
  
 
  
 
 
 
 
  
 
 
 
  
 
 
  
 this section the form of declar ation to the officer named in 
that behalf in the notice. If th e person fails or neglects so to 
complete and give or send the declaration or makes in the 
declaration any statement which is to his or her knowledge false or misleading he or she commits an offence and is liable on summary conviction to a fine not exceeding €1,000. 
(4) In a prosecution for an offence under subsection (3) 
in which it is shown that a specific notice has been sent by registered post, it shall be pr esumed, until the contrary is 
shown, that the person to whom the notice was sent has not complied with the requirements of that subsection. 
Issue of search warrants. 
8.— (1) A judge of the District Court may, upon the 
information on oath of an officer of the appropriate 
authority or of a member of the Garda Síochána that there 
is reasonable ground for believing that apparatus for wireless telegraphy is being kept or is being worked or used at any specified place, specified  vehicle or in any specified 
ship or other vessel in contravention of the Wireless 
Telegraphy Acts 1926 to 2009 or any regulation made or condition imposed under those Acts or the 
Broadcasting 
(Offences) Acts 1968 to 2009, issue to such officer or (with the consent of the appropriate authority) to such member o
f 
the Garda Síochána (as the case may be) a search warrant which shall be expressed and sh all operate to authorise the 
officer of that authority or member of the Garda Síochána to whom the same is granted— 
(a) to enter, within one month from the date 
of issue of the warrant, on production of the warrant, if so requested, and i
f 
need be by force, the place, vehicle, ship or other vessel named in the information, 
(b) there to search for apparatus for wireless 
telegraphy and to examine all such apparatus or any such vehicle found there, and 
(c)
 to seize and take away all or any part o f 
such apparatus which appears to such officer or member to be kept, worked or used in contravention of the Wireless  
  
 
 
 
  
 
 
 
 
 
  
 
 
  
 
 
 
 
 Telegraphy Acts 1926 to 2009  or any 
regulation made or condition imposed 
under those Acts or the Broadcasting 
(Offences) Acts 1968 to 2009 . 
(2) A search warrant granted under this section shall 
operate to authorise any one or more of the following, 
namely, any member of the Garda Síochána or officer o f 
the appropriate authority or ot her person authorised by the 
person to whom the warrant is granted to accompany and assist him or her in the exer cise of the powers conferred on 
him or her by the warrant. 
(3) An officer of the appropr iate authority may retain 
anything seized under this section which he or she believes to be evidence of any offence or suspected offence under the Wireless Telegraphy Acts 1926 to 2009 or the 
Broadcasting (Offences) Acts 1968 to 2009 , for use as 
evidence in proceedings in relation to any such offence, for such period from the date of se izure as is reasonable, or, i
f 
proceedings are commenced in which the thing so seized is required for use in evidence, until the conc lusion of the 
proceedings. 
(4) The appropriate authority shall, as soon as may be 
after the conclusion of any proceedings, deliver any thing seized and retained under this  section to th e person who in 
its opinion is the owner of it, unless— 
(a) the appropriate authority decides it is 
unable to ascertain who owns the thing, in which case the Police (Property) Act 1897 applies to the th ing so seized and 
retained, or 
(b) 
such delivery would result in a 
contravention of the Wireless 
Telegraphy Acts 1926 to 2009 or the 
Broadcasting (Offences) Acts 1968 to 
2009, in which case the Police (Property) Act 1897 applies to the thing so seized and retained as though the appropriate authority could not ascertain the owner of the thing. 
(5) (a) A person who by act or omission 
impedes or obstructs an officer of the appropriate authority or a member o
f  
 
 
 
 
   
 
  
 
  
 
 
 
 
 
  
 
  
 
 
  the Garda Síochána or any other person 
in the exercise of a power conferred by a search warrant issued under this section commits an offence. 
(b) A person who with intent to impede or 
obstruct an officer of the appropriate 
authority or a member of the Garda Síochána or any other person in the exercise of a power conferred by a search warrant issued under this section places, erects, installs, keeps or maintains any thing commits an offence. 
(c) A person guilty of an offence under this 
subsection is liable on summary conviction to a fine not exceeding €2,000. 
Regulations as to wireless telegraphy in ships and aircraft. 
9.— (1) The appropriate authority may make regulations 
in respect of all or any of the following matters, that is to say: 
(a) requiring operators  and other persons 
engaged in the working of apparatus for wireless telegraphy on— 
(i) all or any ships registered under the 
Mercantile Marine Act 1955 , or 
(ii) all or any classes or class of ships or 
vessels navigating or operating in 
the State, 
to hold certificates of competency; 
(b)
 requiring operators  and other persons 
engaged in the working of apparatus for wireless telegraphy on all or any classes 
of aircraft owned or leased by persons in the State to hold certificates o
f 
competency; 
(c) the grant and renewal of such certificates 
of competency, the terms and conditions on which such certificates will be granted, and the qualifications  
  
 
  
 
 
  
 
 
 
 
 
  
 
  to be possessed and the examinations 
and other tests to be undergone by persons to whom such certificates are granted; 
(d) the duration, revoca tion and suspension 
of certificates of competency granted under the regulations; 
(e) 
the validity, duration, renewal, 
revocation, and suspension o f 
certificates of competency granted otherwise than under the regulations whether by the appropriate authority or any other person; 
(f) the fees to be charged for or in 
connection with the granting and renewal of any such certificates o
f 
competence as aforesaid and the collection and dispos al of such fees; 
(g) regulating and cont rolling the times and 
manner of working apparatus for wireless telegraphy in ships registered under the Mercantile Marine Act 1955 and, while they are in the State, ships registered outside the State and unregistered ships and other vessels; 
(h) regulating and cont rolling the times and 
manner of working apparatus for wireless telegraphy in aircraft owned or leased by persons in the State and, while they are in or  over the State or 
the territorial waters  thereof, aircraft 
not so owned; 
(i) giving effect to and securing compliance 
with the provisions (save in so far as the same relate to ships to which this section and regulations made under it do not apply) of any international convention in relation to wireless telegraphy  entered  into  by  the 
Government. 
(2) Regulations made under this section may—  
  
 
 
 
 
 
 
 
 
 
 
  
 
 
  
 
 
 
 
 
 
  
 
 
 (a) provide that a breach or contravention o f 
any specified such regulation shall be 
an offence, and 
(b) in relation to convictions on indictment 
for such an offence, provide that the court by whom the defendant is convicted may order the interest of the defendant, whether as owner or otherwise, in all or any apparatus in respect of or by means of which the court is satisfi ed a breach or 
contravention of a specified such regulation was committed to be forfeited. 
(3) (a) Every regulation made under this 
section shall be laid before each House of the Oireachtas as soon as may be after it is made. 
(b) Either House of the Oireachtas may, 
within 21 sitting days after the day on which a regulation was laid before it in accordance with paragraph ( a), pass a 
resolution annulling the regulation. 
(c) The annulment under paragraph (b) of a 
regulation takes effect immediately on the passing of the resolution concerned, 
but does not affect anything that was 
done under it before the passing of the resolution. 
(4)
 A person guilty of an offence by reason of a breach or 
contravention of a regulati on specified, by virtue o f 
paragraph ( a) of subsection (2), in regulations made under 
this section is liable— 
(a) on summary conviction, to a fine not 
exceeding €5,000, or 
(b) on conviction on indictment, to a fine not 
exceeding €250,000. 
(5) For the purposes of this section— 
(a) a ship is deemed to be navigating or 
operating in the State if it is usually  
 
 
 
 
 
  
 
 
  
 
  
 
  
    
  
  
 kept in Irish waters (within the meaning 
of section 2 of the Maritime Safety Act 2005 ), and 
(b) an aircraft is deemed to be owned or 
leased by a person in the State if but only if it is owned or leased by a person who— 
(i) in the case of an  individual, has his 
or her place of residence in the 
State, or 
(ii)
 in the case of an association, 
company (within the meaning o f 
the Companies Acts) or other body (whether corporate or unincorporate) has its principal office in the State. 
(6) In this section, ‘appropriate authority’— 
(a) in relation to apparatus for wireless 
telegraphy on ships or  other vessels, 
means the Minister for Transport, and 
(b) in relation to apparatus for wireless 
telegraphy on aircraft, means the Commission. 
1OJ No. L. 298/23, 17.10.1989 
2OJ No. L. 202/60, 30.07.1997 
3OJ No. L. 332, 18.12.2007