Broadcasting and Wireless Telegraphy Act , 1988

1 Definitions.

1.—In this Act—

“the Act of 1926” means the Wireless Telegraphy Act, 1926;

“the Act of 1963” means the Copyright Act, 1963;

“the Act of 1968” means the Broadcasting (Offences) Act, 1968;

“the Act of 1972” means the Wireless Telegraphy Act, 1972;

“apparatus for wireless telegraphy” has the meaning assigned to it by virtue of section 2 (1) of this Act;

“artistic work” has the meaning assigned to it by section 9 of the Act of 1963;

“broadcast” means a broadcast by wireless telegraphy of communications, sounds, signs, visual images or signals, whether such communications, sounds, signs, visual images or signals are actually received or not;

“cinematograph film” means any sequence of visual images recorded (whether cinematographically or by means of any other process) on material of any description (whether translucent or not) so as to be capable, by the use of that material, of comprising, or being included in, a broadcast, and includes a video recording of any description;

“dramatic work” has the meaning assigned to it by section 2 (1) of the Act of 1963;

“literary work” includes any written table or compilation;

“the Minister” means the Minister for Communications;

“owner”, in relation to premises, means—

(a) a person, other than a mortgagee not in possession, who, whether in his own right or as a trustee or agent for any other person, is entitled to receive the rack rent of the premises or, where the premises are not let at a rack rent, would be so entitled if they were so let, whether the interest of the person is held solely, jointly or severally, or

(b) a lessee or occupier, whether the lease is held or the occupier is in occupation solely, jointly or severally;

“premises” includes land not built on, land covered by water and a structure of any kind whether attached or affixed to the land or not;

“record”, except where the context otherwise requires, has the meaning assigned to it by section 2 (1) of the Act of 1963;

“supply” includes giving without payment;

“telecommunications service” means a telecommunications service described in section 87 (1) of the Postal and Telecommunications Services Act, 1983;

“vehicle” includes vessel.

2 “Apparatus for wireless telegraphy”, “wireless telegraphy” and “television set”.

2.—(1) Section 2 of the Act of 1926 is hereby amended by—

(a) the substitution for the definition of “apparatus for wireless telegraphy” therein contained of the following:

“‘apparatus for wireless telegraphy’ means apparatus capable of emitting and receiving, or emitting only or receiving only, over paths which are not provided by any material substance constructed or arranged for that purpose, electric, magnetic or electro-magnetic energy, of a frequency not exceeding 3 million megahertz, whether or not such energy serves the conveying (whether they are actually received or not) of communications, sounds, signs, visual images or signals, or the actuation or control of machinery or apparatus, and includes any part of such apparatus, or any article capable of being used as part of such apparatus, and also includes any other apparatus which is associated with, or electrically coupled to, apparatus capable of so emitting such energy”; and

(b) the substitution for the definition of “wireless telegraphy” (as amended by section 18 of the Broadcasting Authority (Amendment) Act, 1976) therein contained of the following:

“‘wireless telegraphy’ means the emitting and receiving, or emitting only or receiving only, over paths which are not provided by any material substance constructed or arranged for that purpose, of electric, magnetic or electromagnetic energy of a frequency not exceeding 3 million megahertz, whether or not such energy serves the conveying (whether they are actually received or not) of communications, sounds, signs, visual images or signals, or the actuation or control of machinery or apparatus.”.

(2) Section 1 (1) of the Act of 1972 is hereby amended by the substitution of “capable” for “designed primarily for the purpose” in the definition of “television set” contained therein, and the said definition, as so amended, is set out in the Table to this section.

TABLE

“Television set” means any apparatus for wireless telegraphy capable of receiving and exhibiting television programmes broadcast for general reception (whether or not its use for that purpose is dependent on the use of anything else in conjunction therewith) and any assembly comprising such apparatus and other apparatus.

3 Control of broadcasting.

3.—(1) A broadcast shall not be made from any premises or vehicle in the State unless it is made pursuant to and in accordance with a licence issued by the Minister.

(2) Where a broadcast is made in contravention of subsection (1) of this section, each of the following shall be guilty of an offence:

(a) any person who is the owner of, or is in control or is concerned in the management of, any premises or vehicle from which the broadcast is made and who knowingly permits or suffers the broadcast to take place, and

(b) any person who operates, or assists in the operation of, the apparatus for wireless telegraphy by means of which the broadcast is made.

(3) Where in proceedings for an offence under this section it is proved that a broadcast took place from a particular premises or vehicle and that the defendant was, at the time of the alleged offence, the owner of, or in control or concerned in the management of, the premises or vehicle, then, unless there is sufficient other evidence to raise an issue as to whether the defendant knowingly permitted or suffered the broadcast to be made, he shall be treated as having so permitted or suffered the broadcast to be made.

(4) The provisions of subsection (1) of this section are in addition to those of sections 2 (1) and 3 (1) of the Act of 1968 and nothing in this section shall be construed as amending the said section 2 (1) or 3 (1).

4 Prohibition of acts facilitating broadcasting in contravention of section 3.

4.—(1) A person who does any of the acts mentioned in subsection (2) of this section, while satisfying the condition as to knowledge or belief specified in relation to the act, shall be guilty of an offence.

(2) The acts, and the conditions as to knowledge or belief, referred to in subsection (1) of this section are the following:

(a) making available to another any premises or vehicle or any other thing knowing, or having reasonable cause to believe, that broadcasts are to be made from it in contravention of section 3 (1) of this Act;

(b) having or keeping, or agreeing to have or to keep, apparatus for wireless telegraphy knowing, or having reasonable cause to believe, that by means thereof broadcasts have been, are being or are to be made in contravention of the said section 3 (1);

(c) supplying any apparatus for wireless telegraphy for installation on or in, or installing any such apparatus on or in, any premises or vehicle or any other thing knowing, or having reasonable cause to believe, that, by means of that apparatus, broadcasts are to be made in contravention of the said section 3 (1);

(d) repairing or maintaining any apparatus for wireless telegraphy knowing, or having reasonable cause to believe, that, by means of that apparatus, broadcasts have been, are being or are to be made in contravention of the said section 3 (1).

(3) Where in proceedings for an offence under this section it is proved that the defendant did an act mentioned in subsection (2) of this section and that in the particular circumstances of the case he ought to have had the knowledge specified in that subsection in relation to the act, then, unless there is sufficient other evidence to raise an issue as to whether the defendant had such knowledge at the relevant time, the act shall be treated as having been done by him with such knowledge.

(4) For the purposes of this section a broadcast shall be regarded as being made by means of an apparatus whether the broadcast is made by means of the apparatus alone or by means of the apparatus and other apparatus.

(5) In this section “apparatus for wireless telegraphy” has the same meaning as in section 2 of the Act of 1926, as amended by section 2 of this Act.

5 Prohibition of acts relating to matter broadcast in contravention of section 3.

5.—(1) A person who does any of the acts mentioned in subsection (2) of this section, and, if any intent, knowledge or belief or circumstances is or are specified in relation to the act, does it with that intent, knowledge or belief or in those circumstances, shall be guilty of an offence.

(2) The acts, and, where relevant, the intent, knowledge, belief and circumstances, referred to in subsection (1) of this section are the following:

(a) supplying a cinematograph film or a record with intent that such film or the sound embodied in the record may comprise, or be included in, a broadcast made in contravention of section 3 (1) of this Act;

(b) making a literary, dramatic or musical work with intent that the work may comprise, or be included in, a broadcast made in contravention of the said section 3 (1);

(c) making an artistic work with intent that the work may comprise, or be included in, a broadcast made in contravention of the said section 3 (1);

(d) participating in a broadcast made in contravention of the said section 3 (1) whether as a director, producer or announcer or as the deliverer of a speech or otherwise;

(e) participating, whether as a director, producer or announcer or as the deliverer of a speech or otherwise, in the making of a cinematograph film or record made in the State knowing, or having reasonable cause to believe, that such film or record is to comprise, or to be included in, a broadcast made in contravention of the said section 3 (1);

(f) advertising by means of a broadcast made in contravention of the said section 3 (1), inviting another to advertise by means of a broadcast to be so made or making an advertisement with the intent that it may comprise, or be included in, a broadcast to be so made;

(g) publishing dates, times or programme schedules which relate to broadcasts which, if made, would be made in contravention of the said section 3 (1) or (otherwise than by publishing such particulars) publishing an advertisement of matter calculated to promote, directly or indirectly, the interests of a business whose activities consist of or include the operation of a station from which broadcasts are, or are to be, made in contravention of the said section 3 (1).

(3) (a) Where in proceedings for an offence under this section it is proved that, by means of a broadcast made in contravention of section 3 (1) of this Act, it was stated, suggested or implied that any matter which comprised, or was included in, the broadcast was supplied by, or given at the expense, whether wholly or partly, of the defendant, then, unless there is sufficient other evidence to raise an issue as to whether the defendant advertised by means of the broadcast, he shall be treated as having so advertised.

(b) Where in proceedings for an offence under this section it is proved that the defendant did an act mentioned in subsection (2) of this section and that in the particular circumstances of the case he ought to have had the knowledge specified in that subsection in relation to the act, then, unless there is sufficient other evidence to raise an issue as to whether the defendant had such knowledge at the relevant time, the act shall be treated as having been done by him with such knowledge.

(4) Where in proceedings for an offence under this section—

(a) it is proved that a broadcast was made in contravention of section 3 (1) of this Act and that the broadcast was wholly or partly comprised of an advertisement, and

(b) (i) there is produced in court anything which both—

(I) by reason of something printed thereon, or on a label attached thereto, purports to relate to the goods, service, accommodation, facility, entertainment or other event, or other thing, to which the advertisement relates, and

(II) has something printed thereon, or on a label attached thereto, which is such as to seem to the court to be likely to be taken as an indication that the defendant prepares, manufactures, assembles, imports, provides, supplies, promotes, organises or is otherwise connected with the provision of the goods, service, accommodation, facility, entertainment or other event, or other thing, to which the advertisement relates,

or

(ii) there is contained in the advertisement a reference which, in the opinion of the court, is a reference to the defendant,

then, unless there is sufficient other evidence to raise an issue as to whether the defendant advertised by means of the broadcast, he shall be treated as having so advertised.

(5) In this section, “speech” has the meaning assigned to it by section 6 (6) of the Act of 1968.

6 Penalties and legal proceedings.

6.—(1) A person guilty of an offence under section 3, 4 or 5 of this Act shall be liable—

(a) on summary conviction, to imprisonment for a term not exceeding three months or, at the discretion of the court, to a fine not exceeding £1,000 or to both such imprisonment and such fine, or

(b) on conviction on indictment, to imprisonment for a term not exceeding two years or, at the discretion of the court, to a fine not exceeding £20,000 or to both such fine and such imprisonment.

(2) (a) On conviction on indictment of a person for an offence under section 3 or section 4 of this Act in relation to a vehicle the court may, at its discretion, in addition to any punishment to which that person may be liable under subsection (1) of this section, order the vehicle to be forfeited.

(b) Where a vehicle is forfeited under this subsection, the Minister may direct that it be sold or otherwise disposed of in such manner as he thinks fit.

(3) Where an offence under section 3, 4 or 5 of this Act 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 the 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, as well as the body corporate, shall be guilty of that offence and shall be liable to be proceeded against accordingly.

(4) Notwithstanding section 10 (4) of the Petty Sessions (Ireland) Act, 1851, summary proceedings for an offence under section 3, 4 or 5 of this Act may be instituted at any time within two years from the time when the offence was committed.

7 Prohibition notice.

7.—(1) (a) Where the Minister is of opinion that a broadcast has been made from any premises or vehicle in contravention of section 3 (1) of this Act, he may by a notice in writing (in this section referred to as a “prohibition notice”) addressed to and served on either or both of the following, namely, Bord Telecom Éireann and the Electricity Supply Board require the person to whom it is addressed to comply with the requirements of the notice.

(b) A person to whom a prohibition notice is addressed and on whom it is served shall, for so long as the notice is in operation, comply with the requirements of the notice.

(2) A prohibition notice shall—

(a) specify—

(i) the person or persons to whom it is addressed,

(ii) the premises from which the Minister is of opinion the broadcast to which it relates was made, and

(iii) the date or dates on which the Minister is of opinion such broadcast was made, and

(b) require a person to whom it is addressed, for so long as the notice is in operation, not to offer to provide, or provide or maintain, to a connection point in the premises specified in the notice,

(i) in case such a person is Bord Telecom Éireann, a telecommunications service,

(ii) in case such a person is the Electricity Supply Board, a supply of electricity.

(3) A person on whom a prohibition notice is served pursuant to subsection (1) of this section shall be immune from liability in respect of anything done or omitted to be done by that person in pursuance of the notice.

(4) Where a prohibition notice is served pursuant to subsection (1) of this section and a premises is specified in the notice, the Minister shall, as soon as may be, serve a copy of the notice on the occupier of the premises together with a statement that such occupier may, within the period of fourteen days beginning on the date of the notice, make representations to the Minister showing why the prohibition notice should not come into operation (which representations are hereby authorised to be made).

(5) Unless it is previously withdrawn, a prohibition notice shall come into operation on such day as the Minister shall determine (being a day not earlier than the day immediately following the expiration of the period of fourteen days referred to in subsection (4) of this section).

(6) When a prohibition notice comes into operation—

(a) it shall remain in operation until it is withdrawn, and

(b) for so long as it remains in operation, a person to whom the notice is addressed shall not offer to provide, or provide or maintain to a connection point in the premises specified in the notice a telecommunications service or a supply of electricity, as may be appropriate having regard to the terms of the notice.

(7) A notice or copy of a notice required to be served on a person by this section shall be served on him in some one of the following ways:

(a) where it is addressed to him by name, by leaving it at his registered or principal office or at his principal place of business,

(b) by sending it by post in a prepaid registered letter addressed to him at the address at which he ordinarily resides or at his registered or principal office, or at his principal place of business or, in a case in which an address for service has been furnished, at that address.

(8) Where a copy of a prohibition notice is required by this section to be served on an occupier of any premises and the name of the occupier cannot be ascertained by reasonable inquiry, it may be addressed to “the occupier” without naming him.

(9) For the purposes of this section, a company within the meaning of the Companies Act, 1963, shall be deemed to be ordinarily resident at its registered office, and every other body corporate and every unincorporated body shall be deemed to be ordinarily resident at its principal office or place of business.

8 Use of certain services to promote, further or facilitate certain interests an offence.

8.—Any person who—