Radio and Television Act , 1988

PART I Preliminary

1 Short title.

1.—This Act may be cited as the Radio and Television Act, 1988.

2 Interpretation.

2.—(1) In this Act—

“apparatus for wireless telegraphy” has the meaning specified in the Wireless Telegraphy Act, 1926;

“broadcast” means the transmission, relaying or distribution by wireless telegraphy 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;

“the Commission” means the Commission established by Part II;

“company” has the meaning assigned to it by the Companies Act, 1963;

“the Minister” means the Minister for Communications;

“sound broadcasting service” means a broadcasting service which transmits, relays or distributes, by wireless telegraphy, communications, sounds, signs or signals intended for direct reception by the general public whether such communications, sounds, signs or signals are actually received or not;

“television programme service” means a service which comprises a compilation of audio-visual programme material of any description and is transmitted or relayed by means of wireless telegraphy directly or indirectly for reception by the general public.

(2) A reference in this Act to a section is a reference to a section of this Act, unless it is indicated that a reference to some other enactment is intended.

(3) A reference in this Act to a subsection or to a paragraph or to a subparagraph is a reference to the subsection, paragraph or subparagraph of the provision in which the reference occurs, unless it is indicated that a reference to some other provision is intended.

(4) A reference in this Act to any enactment shall be construed as a reference to that enactment as amended by any subsequent enactment (including this Act).

PART II The Independent Radio and Television Commission

3 Establishment of Commission.

3.—(1) There shall stand established, on such day as the Minister by order appoints, a body to be known as An Coimisiún Um Raidio agus Telefís Neamhspleách—The Independent Radio and Television Commission.

(2) The Commission shall be a body corporate with perpetual succession and power to sue and be sued in its corporate name and to acquire, hold and dispose of land.

(3) The provisions of the Schedule to this Act shall apply to the Commission.

4 Functions of Commission.

4.—(1) It shall be the function of the Commission to arrange, in accordance with the provisions of this Act, for the provision of sound broadcasting services (including a national sound broadcasting service) and one television programme service additional to any broadcasting services provided by Radio Telefís Éireann pursuant to the Broadcasting Authority Acts, 1960 to 1979.

(2) (a) The Commision shall enter into contracts (in this Act referred to as “sound broadcasting contracts”) with persons (in this Act referred to as “sound broadcasting contractors”) under which the sound broadcasting contractors have, subject to the provisions of this Act, the right and duty to establish, maintain and operate sound broadcasting transmitters serving the areas specified in the sound broadcasting contract and to provide, as the sound broadcasting contract may specify, a sound broadcasting service.

(b) The Commission shall also enter into a contract (in this Act referred to as a “television programme service contract”) with a person or persons (in this Act referred to as a “television programme service contractor”) who shall have the right and duty to provide a television programme service.

(3) The Commission shall not authorise a sound broadcasting contractor to operate a sound broadcasting transmitter and provide a sound broadcasting service pursuant to a sound broadcasting contract unless and until the Minister has issued pursuant to this subsection to the Commission a licence in respect of the sound broadcasting transmitter to which the contract relates.

(4) Any licence issued under subsection (3) shall be valid only for such period of time as a sound broadcasting contract between the Commission and a sound broadcasting contractor is extant.

(5) Every sound broadcasting contract shall contain a condition requiring the sound broadcasting contractor concerned to establish, maintain and operate the sound broadcasting transmitter concerned in accordance with such terms and conditions as the Minister sees fit to attach to the licence referred to in subsection (3), (including any variations made thereto in accordance with the provisions of section 7 of this Act) and so long as the terms and conditions are complied with, the contract shall have the effect of conveying the benefits of the licence to the sound broadcasting contractor and any such transmitter so established, maintained and operated shall be deemed to be licensed for the purposes of section 3 of the Wireless Telegraphy Act, 1926.

(6) Every licence issued by the Minister to the Commission under subsection (3) shall be open to inspection by members of the public at the Commission's registered offices.

(7) It shall be the duty of the Commission to ensure that every sound broadcasting contractor and the television programme service contractor complies with the provisions of this Act.

(8) The Commission shall have all such powers as are necessary for or incidental to the performance of its functions under this Act including, in particular, the power to require sound broadcasting contractors and the television programme service contractor to enter into financial bonds with the Commission and to direct a contractor to record any or all of the programmes broadcast by him in the case of a sound broadcasting contract or provided by him in the case of a television programme service contract and to retain such recordings for a period of 30 days after the recording is made and to submit the recordings to the Commission, if the Commission so requires.

(9) The making of a recording by a contractor pursuant to a direction of the Commission pursuant to subsection (8) and the use by the Commission of any such recording exclusively for the purposes of its functions under this Act shall not constitute—

(a) an infringement of the copyright in any work, sound recording or cinematograph film, or

(b) an offence under any of the provisions of the Performers Protection Act, 1968.

(10) Without prejudice to the generality of subsection (8), the Commission shall have power—

(a) to make such contracts, agreements and arrangements and do all such other things as are incidental or conducive to the objects of the Commission;

(b) to acquire and make use of copyrights, patents, licences, privileges and concessions;

(c) to compile, prepare, publish and distribute, with or without charge, such magazines, books and other printed material and such aural and visual material as may seem to the Commission to be incidental or conducive to its objectives;

(d) subject to the consent of the Minister, to arrange for the provision of services with or without charge for and on behalf of any Minister of the Government by a sound broadcasting contractor or the television programme service contractor;

(e) to require sound broadcasting contractors and the television programme service contractor to co-operate with the Garda Síochána, local authorities and health boards in the dissemination of relevant information to the public in the event of major emergencies.

(11) During the continuance of any emergency declared under section 10 of the Wireless Telegraphy Act, 1926, the Minister may suspend any licence issued under subsection (3) 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 directs.

PART III Sound Broadcasting Services

5 Applications for sound broadcasting contracts.

5.—(1) In order to secure the orderly development of sound broadcasting services and, having regard to the availability of radio frequencies for sound broadcasting, to allow for the establishment of a diversity of services in an area catering for a wide range of tastes including those of minority interests, the Commission shall as soon as may be after it has been established and may thereafter from time to time by notice published in at least one national newspaper, invite expressions of interest in the securing of contracts for sound broadcasting services under this Act. Such expressions of interest shall 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.

(2) The Commission shall make a report of its findings under subsection (1) to the Minister who, having considered the report and after consultation with the Commission, shall specify the area (which area may consist of the whole or any part of the State) in relation to which applications for a sound broadcasting contract are to be invited and the Commission shall comply with such direction.

(3) The Minister, having regard to the report furnished by the Commission under subsection (2) and having regard to the availability of radio frequencies for sound broadcasting, may limit the number of areas which he may specify under that subsection.

(4) The Commission shall, subject to the provisions of this Act, invite applications for a sound broadcasting contract for the provision of a sound broadcasting service in each area specified by the Minister under subsection (2) and, subject to the provisions of this Act, may enter into such contracts.

(5) Where the Commission invites applications for a sound broadcasting 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.

(6) Having regard to the findings of the Commission under subsection (1) the Commission may, in considering applications for the award of a sound broadcasting contract, place greater emphasis on one or more of the criteria specified in section 6 (2) of this Act and whenever it is the Commission's intention to so do it shall specify such intention to each person who has indicated his intention of being an applicant for a contract.

(7) Every notice under subsection (5) shall—

(a) be published in at least one national newspaper, and where appropriate, in one local newspaper circulating in the area to be served;

(b) specify the procedure to be followed in order to make an application;

(c) specify any other matters which appear to the Commission to be necessary or relevant.

6 Determination of applications for award of sound broadcasting contracts.

6.—(1) The Commission shall, in accordance with the provisions of this Act, consider every application for a sound broadcasting contract received by it pursuant to a notice under section 5 (5) for the purpose of determining the most suitable applicant, if any, to be awarded a sound broadcasting contract.

(2) In the consideration of applications received by it and in determining the most suitable applicant to be awarded a sound broadcasting contract, the Commission shall have regard to—

(a) the character of the applicant or, if the applicant is a body corporate, the character 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 expertise and experience and of the financial resources that will be available to each applicant and the extent to which the application accords with good economic principles;

(c) the quality, range and type of the programmes proposed to be provided by each applicant or, if there is only one applicant, by that applicant;

(d) the quantity, quality, range and type of programmes in the Irish language and the extent of programmes relating to Irish culture proposed to be provided;

(e) the extent to which the applicant will create within the proposed sound broadcasting service new opportunities for Irish talent in music, drama and entertainment;

(f) the desirability of having a diversity of services in the area specified in the notice under section 5 (5) catering for a wide range of tastes including those of minority interests;

(g) the desirability of allowing any person, or group of persons, to have control of, or substantial interests in, an undue number of sound broadcasting services in respect of which a sound broadcasting contract has been awarded under this Act;

(h) the desirability of allowing any person, or group of persons, to have control of, or substantial interests in, an undue amount of the communications media in the area specified in the notice under section 5 (5);

(i) the extent to which the service proposed—

(i) serves recognisably local communities and is supported by the various interests in the Community, or

(ii) serves communities of interest, and

(j) any other matters which the Commission considers to be necessary to secure the orderly development of sound broadcasting services.

(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 Commission shall have particular regard to the preservation as a spoken language of the Irish language.

7 Variation of licence for sound broadcasting transmitter.

7.—(1) The Minister may, if it seems necessary to him so to do for any of the reasons specified in subsection (2), vary any term or condition of a licence issued pursuant to section 4 (3).

(2) The Minister may vary any term or condition of a licence issued pursuant to section 4 (3)—

(a) if it appears to him to be necessary so to do in the interest of good radio frequency management;

(b) for the purpose of giving effect to any international agreement to which the State is a party and which has been ratified by the State and which relates to sound broadcasting;

(c) if it appears to him to be in the public interest so to do;

(d) if it appears to him to be necessary for the safety or security of persons or property so to do;

(e) on request from the Commission after consultation with any affected sound broadcasting contractor;

(f) on request from the Commission on behalf of a sound broadcasting contractor.

(3) (a) If the Minister, for any reason specified in paragraph (a), (b) or (c) of subsection (2) proposes to vary, pursuant to this section, any term or condition of a licence issued pursuant to section 4 (3), he shall, by notice in writing, inform the Commission of his intention and of the reasons therefor and the Commission shall, within 7 days of receiving that notification, give notice to the sound broadcasting contractor accordingly.

(b) The sound broadcasting contractor shall have the right to make representations in writing to the Commission in respect of the Minister's intentions, within 21 days after the service of the notice by the Commission.

(c) The Commission shall transmit any such representations to the Minister within a further 7 days and the Minister, having considered the representations, may make such decision thereon as seems to him to be appropriate.

(4) (a) If, having considered the representations (if any) which have been notified to him by the Commission by or on behalf of a sound broadcasting contractor, the Minister decides to vary any term or condition of a licence, he shall, by notice in writing, inform the Commission of his decision.

(b) The Commission shall, within 7 days of receipt of the Minister's decision by notice in writing inform the sound broadcasting contractor of that decision.

(c) On and from the day following service on the contractor of notice of the Minister's decision the licence shall have effect subject to the variation thereof by that decision.

(5) A notice under subsection (3) or (4) may be served on the Commission and by the Commission on a sound broadcasting contractor, by leaving it at, or sending it by prepaid post to, the Commission's address and the sound broadcasting contractor's last known address respectively or if, in the latter case, the sound broadcasting contractor is a company, by leaving it at, or sending it by prepaid post to, the registered office of the company.

8 Contracts for temporary or institutional sound broadcasting services.

8.—(1) The Commission may, in any period of twelve months, enter into a sound broadcasting contract with an applicant therefor for the provision in such area as may be specified in the contract of a sound broadcasting service for a period of not more than fourteen days (whether consecutive days or otherwise) in that period of twelve months.

(2) The Commission may enter into a sound broadcasting contract with an applicant therefor for 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 9 (1) (c) shall not apply to a contract awarded for the provision of a sound broadcasting service under this section.

(4) Sections 5 and 6 shall not apply in the case of a contract applied for, or awarded, for the provision of a sound broadcasting service under this section.

9 Duty of sound broadcasting contractor in relation to programmes.

9.—(1) Every sound broadcasting contractor shall ensure that—

(a) all news broadcast by him is reported and presented in an objective and impartial manner and without any expression of his 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 own views: Provided that should it prove impracticable in relation to a single broadcast to apply this paragraph, two or more related broadcasts may be considered as a whole, if the broadcasts are transmitted within a reasonable period of each other;

(c) a minimum of—

(i) not less than 20 per cent. of the broadcasting time, and