Broadcasting Act 2009

• (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 that the Commission is required by or under any enactment to prepare,

• (b) the economy and efficiency of the Commission in the use of its resources,

• (c) the systems, procedures and practices employed by the Commission for the purpose of evaluating the effectiveness of its operations, and

• (d) any matter affecting the Commission 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.

• (2) In the performance of his or her duties under this section, the chairperson shall not question or express an opinion on the merits of—

• (a) any policy of the Government or of a Minister of the Government, or

• (b) the objectives of such a policy.]

28. F43[Accountability of Commissioner to Oireachtas committees.

28.— (1) The chairperson, if required in writing to do so by a committee, shall attend before it to give account for the general administration of the Commission.

• (2) Any Commissioner, if required in writing to do so by a committee, shall attend before it to give account for the performance of any functions of the Commission delegated to him or her.

• (3) Subsections (1) and (2) do not require a Commissioner to give account before a committee for any matter which is or has been, or which may in the future be, the subject of proceedings before a court or tribunal.

• (4) Where a Commissioner is of the opinion that a matter in respect of which he or she is requested to give an account before a committee is a matter to which subsection (3) 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 Commissioner is before it, the information shall be so conveyed in writing.

• (5) Where the Commissioner has informed a committee of his or her opinion in accordance with subsection (4) and the committee does not withdraw the requirement referred to in subsection (1) or (2) in so far as it relates to a matter the subject of that opinion—

• (a) the Commissioner 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 (3) applies, or

• (b) the chairperson of the committee may, on behalf of the committee, make such an application,

and the High Court shall determine the matter.

• (6) Pending the determination of an application under subsection (5), the Commissioner shall not attend before the committee to give account for the matter the subject of the application.

• (7) If the High Court determines that subsection (3) applies to the matter concerned, the committee shall withdraw the requirement referred to in subsection (1) or (2), but if the High Court determines that subsection (3) does not apply, the Commissioner shall attend before the committee and give account for the matter.

• (8) 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 referred to in section 27 or the Committee on Members’ Interests of Dáil Éireann or the Committee on Members’ Interests of Seanad Éireann) or a subcommittee of such a committee.]

29. F44[Strategy statement and work programme.

29.— (1) As soon as practicable after the establishment day, and thereafter not earlier than 6 months before and not later than 3 months before each third anniversary of the establishment day, the Commission shall prepare and submit to the Minister a strategy statement for the 3 year period immediately following the year in which the statement is submitted.

• (2) A strategy statement shall—

• (a) specify the Commission’s objectives and intended outputs for the 3 year period referred to in subsection (1), and its strategies for achieving them, including its strategies for the economic and efficient use of resources,

• (b) specify the manner in which the Commission proposes to assess its performance in respect of the objectives referred to in paragraph (a), taking account of its proposed financial and non-financial performance indicators,

• (c) except for the first strategy statement, include an assessment of the outcomes and effectiveness of the preceding strategy statement, based on the manner of assessment and the proposed performance indicators specified in the preceding strategy statement, and

• (d) include any other matter that the Minister may direct.

• (3) A strategy statement shall be prepared in the form and manner that the Minister directs.

• (4) When preparing a strategy statement, the Commission may consult such persons as it considers appropriate.

• (5) Prior to the adoption of a strategy statement and its submission to the Minister, the Commission shall undertake, for such reasonable period as the Commission may determine, a public consultation process on a draft of the strategy statement.

• (6) As soon as practicable after a strategy statement has been submitted to the Minister under subsection (1), the Minister shall cause a copy of the strategy statement to be laid before each House of the Oireachtas and the Commission shall publish the strategy statement on a website maintained by the Commission.

• (7) The Commission shall prepare and submit to the Minister, at least 2 months before the commencement of each financial year, a work programme relating to the discharge of its functions, including—

• (a) having regard to the strategy statement, the objectives and intended outputs of the Commission for that year and its strategy for achieving those objectives and outputs,

• (b) the Commission’s priorities for its work to achieve those objectives and outputs, and

• (c) any other matter that the Minister may direct.

• (8) The Commission shall, in preparing each strategy statement and each work programme, have regard to the need to ensure the most effective, efficient, and economical use of its resources.

• (9) The Commission shall give a copy of the strategy statement to such committees of either or both Houses of the Oireachtas as the Minister may direct.]

30. F45[ Observations on legislative proposals and review of enactments.

30.— (1) The Minister may direct the Commission to—

• (a) provide observations in relation to proposals for legislative measures, or

• (b) undertake a review of the operation or intended operation of an enactment,

where the functions of the Commission relate to or impact on the proposals or enactment.

• (2) The Commission may, on receipt of a direction under subsection (1) or of its own volition, make a proposal to the Minister or any other Minister of the Government it considers appropriate, for a legislative measure on a matter to which the functions of the Commission relate or upon which the functions of the Commission impact.

• (3) Without prejudice to the generality of subsection (2), a proposal under that subsection may include a proposal to make, amend or repeal any enactment.

• (4) The Commission shall, in complying with a direction under subsection (1) or in making a proposal under subsection (2), consult any person who it appears to the Commission it is appropriate to consult, or whom the Minister concerned directs is to be consulted.

• (5) In this section—

“Act” means —

• (a) an Act of the Oireachtas, and

• (b) a statute which was in force in Saorstát Éireann immediately before the date of the coming into operation of the Constitution and which continued in force by virtue of Article 50 of the Constitution;

“enactment” means an Act or a statutory instrument, including this Act or any statutory instrument made under it, or any provision of an Act or statutory instrument;

“make” in subsection (3), in respect of an Act, includes enact or commence;

“proposal for a legislative measure” means a proposal for an Act or statutory instrument;

“ repeal” includes revoke, rescind, abrogate or cancel;

“statutory instrument ”means an order, regulation, rule, bye-law, warrant, licence, certificate, notice, direction, code, scheme, guideline or other like document made, issued, granted or otherwise created by or under an Act.]

31. F46[Reporting by Commission.

31.— (1) The Commission shall not later than the 30th day of June in each year prepare and submit to the Minister a report on its activities in the immediately preceding year (in this section referred to as the “annual report”), and the Minister shall, as soon as may be after receiving the annual report, cause copies of the annual report to be laid before each House of the Oireachtas.

• (2) An annual report shall include information in such form and regarding such matters as the Minister may direct but nothing in this subsection shall be construed as requiring the Commission to include information the inclusion of which would, in the opinion of the Commission, be likely to prejudice the performance of its functions.

• (3) An annual report shall include details of any scheme approved under Part 10 or 10A of this Act.

• (4) An annual report shall include a report to the Minister on progress made towards increasing the accessibility of audiovisual media services to people with disabilities, and in particular, on progress made to achieve the intended outcomes relating to such accessibility set out in any media service rules.

• (5) The Commission may furnish to the Minister such information or reports, in addition to the annual report, about the performance of its functions as it considers appropriate.

• (6) In addition to information provided by the Commission in its annual report and in any reports made under subsection (5) the Commission shall supply to the Minister such information as the Minister may require regarding the performance of its functions.

• (7) The Commission shall arrange for an annual report that has been laid before each House of the Oireachtas in accordance with subsection (1) to be published, on a website maintained by the Commission, as soon as practicable after copies of the report are so laid.]

32. F47[Co-operation with other bodies.

32.— (1) The Commission may, in the interests of the effective discharge of its functions, F48[including its functions under the Directive and any task assigned to it by or under Chapter III of EMFA,] co-operate and enter into co-operation agreements with a body established in the State.

• (2) The Commission may, in the interests of the effective discharge of its functions, F48[including its functions under the Directive and any task assigned to it by or under Chapter III of EMFA,] co-operate, and enter into co-operation agreements, with a body not established in the State, if that body performs similar functions to the Commission.

• (3) Without prejudice to the generality of subsection (2), a body which is a member of the F49[European Board for Media Services established under Article 8 of EMFA] shall be considered to be a body which performs similar functions to the Commission.

• (4) If the Commission enters into an agreement under this section—

• (a) it shall provide the Minister and the Joint Oireachtas Committee with a copy of the agreement, and

• (b) it may publish the agreement on a website maintained by it, with the consent of all parties to the agreement, and subject to such redaction as may be agreed between them.]

33. F50[Disclosure of personal data.

33.— (1) The Commission may, in the circumstances referred to in subsection (2), disclose personal data to any of the following:

• (a) the Data Protection Commission;

• (b) a national regulatory authority or body designated by another Member State under Article 30 of the Directive;

• F51[(ba) the Competition and Consumer Protection Commission;]

• (c) the Garda Síochána;

• (d) a broadcaster or a provider of an audiovisual on-demand media service;

• F51[(da) an intermediary service provider;]

• (e) a body prescribed in regulations made by the Minister.

• (2) The circumstances referred to in subsection (1) are:

• (a) in the case of subsection (1)(a), where the Commission considers that a complaint, or part of a complaint, made under section 48 is not relevant to the performance by the Commission of its functions, but may be relevant to the performance by the Data Protection Commission of its functions, and the Commission considers that the disclosure is necessary and proportionate for the purposes of transferring the complaint or part to the Data Protection Commission;

• (b) in the case of subsection (1)(b), where the Commission considers that a complaint, or part of a complaint, made under section 48 is made in relation to a broadcaster, or a provider of an audiovisual on-demand media service, which is under the jurisdiction of another Member State, and the Commission considers that the disclosure is necessary and proportionate for the purposes of transferring the complaint or part to the national regulatory authority or body designated by that Member State;

• F51[(ba) In the case of subsection (1)(ba), where the Commission considers that the disclosure is necessary and proportionate—

• (i) for the effective implementation of the Digital Services Regulation, or

• (ii) for the purposes of transferring a complaint or part of a complaint to the Competition and Consumer Protection Commission, where a complaint, or part of a complaint made under section 201 relates to a failure to comply with the Digital Services Regulation;]

• (c) in the case of subsection (1)(c), where the Commission considers that the disclosure may be necessary and proportionate for the prevention or investigation of a criminal offence;

• (d) in the case of subsection (1)(d), where the Commission considers that a complaint, or part of a complaint, made under section 48 is made in relation to the broadcaster or provider of an audiovisual on-demand media service, and the Commission considers that the disclosure is necessary and proportionate for the purposes of transferring the complaint or part to the broadcaster or provider under section 48(3);

• F51[(da) in the case of subsection (1)(da),where the Commission considers that a complaint, or part of a complaint, made under section 201 is made in relation to an intermediary service provider, and the Commission considers that the disclosure is necessary and proportionate for the purposes of considering a complaint or part of a complaint made under that section;]

• (e) in the case of any paragraph of subsection (1), where the Commission considers that the disclosure is necessary and proportionate in such other circumstances as may be prescribed in regulations made by the Minister.

• (3) Where the Commission discloses a person’s personal data under this section the Commission shall notify the person of the disclosure in so far as it is practicable to do so.

• F51[(3A) Where the Commission processes or discloses special categories of personal data in accordance with this section, it shall only do so where the Commission considers that the disclosure is necessary and proportionate in accordance with the Data Protection Regulation and the Act of 2018.

• (3B) The Minister may make regulations prescribing suitable and specific measures for the processing of special categories of personal data under this section.

• (3C) Where personal data processed by the Commission is required for the purposes of the prevention, investigation, detection or prosecution of a criminal offence, the data—

• (a) may be processed for as long as it is required for such prevention, investigation, detection or prosecution, and

• (b) shall be permanently deleted after it is no longer required for such prevention, investigation, detection or prosecution.]

• (4) The matters that section 19 (1) of the Data Sharing and Governance Act 2019 requires to be specified or included in a data-sharing agreement shall be specified or included in any agreement entered into by the Commission for the disclosure to another body of personal data in accordance with subsection (1), subject to the following modifications to the description of those matters in section 19 (1) of that Act:

• (a) references to the data-sharing shall be construed as references to any disclosure under the agreement;

• (b) the reference in paragraph (d) to the public body concerned shall be construed as a reference to the body with whom the agreement is entered into;

• (c) the reference in paragraph (f) to a public body shall be construed as a reference to a party to the agreement;

• (d) the following paragraph shall be substituted for paragraph (r):

• “(r) include in a schedule to the agreement a statement summarising the grounds on which the Commission considers the disclosure of the information to be necessary and proportionate as described in any paragraph of section 33 (2) of the Broadcasting Act 2009.”.

• (5) The Minister shall make regulations under subsection (1)(e) only where he or she is satisfied that disclosure by the Commission of personal data to a body prescribed under the regulations, in the circumstances referred to in subsection (2), is necessary for the performance by the Commission or the body prescribed of functions in the public interest.

• (6) The Minister shall make regulations under subsection (2)(e) only where he or she is satisfied that disclosure by the Commission of personal data to a body referred to in subsection (1), in the circumstances prescribed under the regulations, is necessary for the performance by the Commission or such a body of functions in the public interest.

• (7) The Minister shall consider whether it is necessary to carry out an assessment of the impact of regulations made under subsection (1)(e) or (2)(e) on the processing of personal data before making the regulations and, where he or she considers it necessary to do so, shall carry out the assessment.

• (8) Regulations made under this section shall be laid by the Minister before each House of the Oireachtas as soon as may be after they are made and, if a resolution annulling the regulations is passed by either such House within the next 21 days on which the House sits after the regulations are laid before it, the regulations shall be annulled accordingly, but without prejudice to the validity of anything previously done under them.

• (9) The Commission shall give a copy of any agreement referred to in subsection (4) to the Minister.]

• F51[(10) In this section—

“Act of 2018” means the Data Protection Act 2018;

“special categories of personal data” has the same meaning as it has in the Act of 2018;

“suitable and specific measures” means measures to be taken to safeguard the fundamental rights and freedoms of data subjects in processing the personal data of those data subjects and may include measures specified in section 36(1) of the Act of 2018.]

34. F52[Co-operation with self-regulatory systems.

34.— (1) The Commission may co-operate with, or give assistance to, a person or group of persons, whether established in the State or elsewhere—

• (a) in the preparation by that person or group of standards, or

• (b) in the establishment and administration by that person or group of a self-regulatory system,

relating to the regulation of programme material, user-generated video or other content.

• (2) 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 codes of conduct established by that group, and may include a system which provides for the resolution of disputes.]

35. F53[Policy communications.

35.— (1) The Commission may consider any communication issued to it by the Minister in accordance with this section (a “policy communication”), if the Commission is satisfied that doing so is consistent with its independence in the performance of its functions.

• (2) The Minister may issue a policy communication if—

• (a) the Minister thinks the Commission should consider the matters referred to in the communication in formulating policy relating to the performance of its functions, and

• (b) the Minister is satisfied that issuing the communication is consistent with the Commission’s independence in the performance of its functions.

• (3) Before issuing a policy communication, the Minister—

• (a) shall give the Commission a draft of the proposed communication and the reasons for it, and

• (b) shall publish the draft and the reasons with a notice specifying the period within which representations relating to the communication may be made by any person.

• (4) The period specified must not be less than 21 days from the date of publication of the notice.

• (5) After considering any representations made under subsection (3), the Minister may issue the policy communication with or without amendment.

• (6) Before issuing a policy communication that relates to the functions of another Minister of the Government, the Minister shall consult that other Minister.

• (7) The Minister shall not issue a policy communication that relates to the Commission’s performance of its functions in relation to a particular person.

• (8) The Minister shall not issue a policy communication that relates to the Commission’s performance of its functions under Part 5, 6, 8 or 8B of this Act.

• (9) A policy communication shall be laid before each House of the Oireachtas by the Minister as soon as may be after it is issued.

• (10) The Commission shall publish a policy communication on a website maintained by it.]

36. F54[Confidential information.

36.— (1) A person shall not disclose confidential information obtained by him or her in the course of performing, or as a result of having performed, functions as a relevant person under this Act unless he or she is required or permitted by law, or duly authorised by the Commission, to do so.

• (2) Subsection (1) does not apply where—

• (a) the disclosure is made to the Commission,

• (b) the disclosure is made to a Minister of the Government,

• F55[(ba) the disclosure is made to the Competition and Consumer Protection Commission for the purposes of the Digital Services Regulation including where, in the opinion of the person making the disclosure, the information may relate to the commission of an offence under this Act,]

• (c) the disclosure is made to a public body, whether in the State or otherwise, for the purposes of facilitating co-operation between the Commission and such body in the performance of their respective functions, or

• (d) the disclosure is made to a member of the Garda Síochána and, in the opinion of the person making the disclosure, the information may relate to the commission of an offence (whether an offence under this Act or not).

• (3) A person who contravenes subsection (1) shall be guilty of a category 3 offence.

• F55[(3A) Notwithstanding any other enactment or rule of law, if information, in the opinion of any body or person referred to in paragraphs (b) to (d) of subsection (2), may relate to the commission of an offence under this Act, then the information may be disclosed by that person or body to—

• (a) a Commissioner,

• (b) a member of the staff of the Commission, or

• (c) an authorised officer.]

• (4) In this section—

“confidential information” means—

• (a) information that is expressed by the Commission to be confidential, either as regards particular information or as regards information of a particular class or description, or

• (b) information of a commercially sensitive nature submitted to the Commission for the purposes of the performance of its functions;

“relevant person” means—

• (a) a Commissioner,

• (b) a member of the staff of the Commission,

• (c) an authorised officer,

• (d) any other person engaged under a contract for services by the Commission, or a member of the staff of such a person, including a consultant or adviser engaged under section 20, or

• (e) a person who has previously acted in a capacity referred to in any of paragraphs (a) to (d).]

36A. F56[Professional secrecy under Digital Services Regulation

36A.— (1) Notwithstanding section 36 and without prejudice to the exchange and the use of information referred to in Chapter IV of the Digital Services Regulation, a Commissioner, a member of the staff of the Commission, a person working under the supervision of the Commission or any other person involved shall not contravene Article 84 of the Regulation. —

• (2) A person who, without reasonable excuse, contravenes subsection (1) shall be guilty of a category 3 offence.]

37. F57[Disclosure of interests.

37.— (1) Where a relevant person or a connected relative of a relevant person is likely to derive a benefit from any matter to be considered by the Commission, or where a relevant person has a relevant interest in any business or organisation representative of any business, which is likely to derive a benefit from such a matter, the relevant person—

• (a) shall, in advance of any consideration of the matter, disclose that fact to the Commission,

• (b) shall take no part in the deliberation by the Commissioners or members of the staff of the Commission in relation to the matter,

• (c) shall withdraw from a meeting at which the matter is being considered for so long as it is being so considered, and shall not be counted towards a quorum during any such consideration,

• (d) shall not influence or seek to influence a decision to be made in relation to the matter, and

• (e) shall not make any recommendation to the Commission in relation to the matter.

• (2) Subsection (1) does not apply to a person as regards—

• (a) a contract or proposed contract of employment of that person as a member of the staff of the Commission, or

• (b) a contract or proposed contract for services in respect of that person, provided that person is not a Commissioner or a member of staff.

• (3) Where a Commissioner fails to comply with this section, and that failure has not resulted in the Government issuing a notice under section 12(6), the Minister shall decide the appropriate action to be taken.

• (4) Where a person other than a Commissioner fails to comply with this section, the Commission shall decide the appropriate action to be taken, which may include termination of the person’s contract of employment or contract for services.

• (5) For the purposes of this section—

“connected relative” shall be construed in accordance with section 12(15);

“relevant interest” shall be construed in accordance with section 12(13) and (14), subject to the modifications that—

• (a) references to a “provider of communications media” or “the provider” in those subsections shall be construed as references to the “business” or “organisation representative of any business” referred to in subsection (1), and

• (b) references to a person shall be construed as references to the relevant person referred to in subsection (1);

“relevant person” means a Commissioner, a member of the staff of the Commission, or a consultant or adviser engaged under section 20.]

38. F58[ Judicial review.

38.— (1) F59[…]

• (2) Leave shall not be granted for judicial review of F60[any decision] made or act done by the Commission under this Act unless—

• (a) the application for leave is made to the High Court within the period of 28 days beginning on the date of the decision or the date of the doing of the act, or

• (b) the High Court is satisfied that it may extend the period provided for in paragraph (a) because—

• (i) there is good and sufficient reason for doing so, and

• (ii) the circumstances that resulted in the failure to make the application for leave within the period in paragraph (a) were outside the control of the applicant for the extension.

• (3) The Commission may, at any time after the bringing of an application for leave to apply for judicial review which relates to a matter for the time being before the Commission, apply to the High Court to stay the judicial review proceedings pending the making of a decision by the Commission in relation to the matter.

• (4) On the making of an application referred to in subsection (3), the High Court may, where it considers that the matter is within the jurisdiction of the Commission, stay the proceedings on such terms as it thinks fit.

• (5) Subject to subsection (6), no appeal shall lie to the Court of Appeal from a decision of the High Court on:

• (a) an application for leave for judicial review made in accordance with F60[subsection (2)];

• (b) an application to extend the period for the making of such an application in accordance with subsection (2);

• (c) an application for judicial review following leave granted under subsection (2);

• (d) any other application made in proceedings referred to in paragraph (a), (b) or (c).

• (6) The High Court may grant leave to appeal from a decision referred to in subsection (5), where it certifies that its decision involves a point of law of exceptional public importance and that it is desirable in the public interest that an appeal should be taken to the Court of Appeal.

• (7) On an appeal referred to in subsection (6), the Court of Appeal shall have jurisdiction to determine only the point of law certified by the High Court under subsection (6), and to make only such order as necessarily follows from that determination.]

PART 3

Broadcasters — Duties, Codes and Rules

58. Duties of broadcasters.

39.— F61[…]

58. Recording of broadcasts.

40.— F62[…]

58. Advertising.

41.—F63[…]

58. Broadcasting codes.

42. — F64[…]

58. Broadcasting rules.

43. — F65[…]

58. Inspection of draft broadcasting codes and rules.

44.— F66[…]

58. Presentation of broadcasting codes and rules to Minister.

45. — F67[…]

58. Co-operation with other parties — standards and self-regulation.

46. — F68[…]

PART 3A Register of providers of audiovisual on-demand media services

46A. Register of providers of audiovisual on-demand media services.

46A.— (1) The Commission shall establish and maintain a register of media service providers subject to registration.

• (2) For the purposes of this Part a media service provider is subject to registration if—

• (a) it is under the jurisdiction of the State, and

• (b) it provides an audiovisual on-demand media service.

• (3) The register shall include at least the following information for each media service provider:

• (a) the name of the media service provider;

• (b) the name of each audiovisual on-demand media service provided by the media service provider;

• (c) the criteria under section 2A on the basis of which the media service provider is under the jurisdiction of the State.

• (4) The register shall be in such form as the Commission considers appropriate.

• (5) The Commission shall provide a copy of the register to the Minister annually, or otherwise on the request of the Minister.

• (6) The Commission shall publish the register on a website maintained by it, but may omit such information, other than the information mentioned in subsection (3)(a) and (b), as the Commission considers appropriate.

• (7) In this Part, “the register” means the register established and maintained by the Commission under this section.]

46B. F70[Duty of media service providers to notify Commission.

46B.— (1) A media service provider that is subject to registration at the date of coming into operation of this Part shall give the Commission a notification under this section not later than the end of the transitional period.

• (2) A media service provider that becomes subject to registration during the transitional period shall give the Commission a notification under this section not later than—

• (a) the end of the transitional period, or

• (b) if later, the end of 10 working days from the date on which the provider becomes subject to registration.

• (3) A media service provider that becomes subject to registration after the transitional period shall give the Commission a notification under this section not later than 10 working days from the date on which the provider becomes subject to registration.

• (4) The transitional period is the period of 3 months from the date of coming into operation of this Part.

• (5) A notification under this section shall contain—

• (a) the name of the media service provider,

• (b) contact details of the media service provider,

• (c) the name of each audiovisual on-demand media service provided by the provider,

• (d) in each case, a description of the nature of the service and the nature of the content provided by the service,

• (e) a statement of the basis on which the media service provider considers that it is under the jurisdiction of the State, and

• (f) such other matters as the Commission may prescribe by rules under section 46H.

• (6) A notification shall be given in compliance with any rules made under section 46H.]

46C. F71[Duty of registered media service providers to notify changes.

46C.— (1) A media service provider registered on the register shall give the Commission a notification under this section of any change in the matters referred to in section 46B(5) (including any matters prescribed by rules under section 46H) relating to the provider or the services provided by the provider.

• (2) A notification under this section shall be given not later than 10 working days from the date on which the change occurs.

• (3) A notification shall be given in compliance with any rules made under section 46H.]

46D. F72[Procedure where Commission notified under section 46B or 46C.

46D.— (1) This section applies if the Commission receives a notification under section 46B or 46C.

• (2) The Commission may request further information from the media service provider for the purposes of deciding what action to take under subsection (3) or (4).

• (3) In the case of a notification under section 46B, the Commission shall as soon as practicable—

• (a) decide whether the media service provider is subject to registration, and

• (b) if it decides that the media service provider is subject to registration, make the appropriate entry in the register.

• (4) In the case of a notification under section 46C, the Commission shall as soon as practicable make any appropriate amendment to the register.

• (5) The Commission shall give the media service provider—

• (a) a statement in writing of any decision under subsection (3)(a),

• (b) if that decision is that the provider is not subject to registration, a statement in writing of the reasons for the decision,

• (c) a copy of any entry under subsection (3)(b), and

• (d) a statement in writing of any amendment under subsection (4).]

46E. F73[Review and correction of register.

46E.— (1) The Commission shall, from time to time as it considers appropriate, review each entry in the register.

• (2) The Commission shall amend the register if it is satisfied, following a review under subsection (1) or otherwise, that—

• (a) the provider to which an entry relates is not subject to registration, or

• (b) information included in the register is incorrect.

• (3) Before making an amendment under subsection (2) the Commission shall consult the provider concerned if it is practicable to do so.

• (4) The Commission may request further information from the provider for the purposes of deciding whether to make an amendment under subsection (2).

• (5) The Commission shall give the provider concerned a statement in writing of any amendment it makes under subsection (2).]

46F. F74[Failure to notify or to provide further information.

46F.— (1) Where it appears to the Commission that a media service provider has failed to comply with section 46B, or 46C, or a request under section 46D(2) or section 46E(4), the Commission may by notice in writing direct the provider to take any action stated in the notice to comply with that section or that request.

• (2) The Commission shall not give a direction under subsection (1) unless it has given the provider an opportunity to make representations about the apparent failure.

• (3) A direction shall state—

• (a) the reasons for it, and

• (b) the period within which the provider must comply with it.

• (4) Where a direction states that the provider has failed to comply with section 46B or 46C, the provider may appeal the direction to the Circuit Court within 28 days of receipt of the direction.

• (5) On hearing an appeal under subsection (4), the Circuit Court may either—

• (a) affirm the direction, or

• (b) where it is satisfied that the Commission in giving the direction was irrational or erroneous in its reasoning, or committed a failure to comply with fair procedures, or any other clear error of law, order that the direction be withdrawn.

• (6) A person who fails without reasonable excuse to comply with a direction under subsection (1) shall be guilty of a category 2 offence.]

46G. F75[Removal of provider or service from register.

46G.— (1) If under section 46D(4) or 46E(2) the Commission—

• (a) removes from the register the entry relating to a media service provider, or

• (b) removes from the entry relating to a media service provider reference to an audiovisual on-demand media service,

the Commission shall enter in the register a statement to that effect and a statement of the reasons for that removal.

• (2) The Commission shall give the provider concerned a copy of any statement included in the register under subsection (1).]

46H. F76[Rules and guidelines.

46H.— (1) The Commission may, having regard to the efficiency of the registration process and the need to maintain an up-to-date register, make rules prescribing:

• (a) subject to section 46A(3), the information to be included in the register;

• (b) the form and manner of a notification under section 46B or 46C, including the information which must be provided under section 46B(5)(f);

• (c) the procedures which the Commission shall follow in making requests for further information under sections 46D(2) and 46E(4).

• (2) The Commission may issue guidelines in relation to the operation of this Part or of any rules made under subsection (1) and such guidelines shall be published on a website maintained by the Commission.]

F77[PART 3B Duties, codes, and rules applying to media service providers and sound broadcasters

Chapter 1 Interpretation

46I. Interpretation.

46I.— (1) In this Part—

“party political programme” means a programme broadcast, or made available in a catalogue of an audiovisual on-demand media service, by or on behalf of a political party for the purpose of promoting the political party;

“political party” means a political party registered in the Register of Political Parties;

“relevant media service provider” means a provider of an audiovisual on-demand media service who is—

• (a) a corporation, or a subsidiary of a corporation,

• (b) a broadcasting contractor, or

• (c) a person who meets one or more of the conditions in subsection (2) and whose annual sales derived from activities referred to in that subsection are greater than €2 million;

“relevant service” in relation to a relevant media service provider means an audiovisual on-demand media service provided by that provider.

• (2) The conditions referred to in paragraph (c) of the definition of “relevant media service provider” in subsection (1) are:

• (a) that the person or a related person publishes a newspaper or periodical consisting substantially of news and comment on current affairs;

• (b) that the person or a related person is a broadcaster;

• (c) that the person or a related person provides programme material consisting substantially of news and comment on current affairs to a broadcaster; or

• (d) that the person or a related person otherwise makes available on an electronic communications network any written, audio, audiovisual or photographic material, consisting substantially of news and comment on current affairs, that is under his or her editorial control.

• (3) For the purposes of subsection (2), a person is a “related person” if the person is part of the same group of companies (within the meaning given to that term by section 8 of the Companies Act 2014) as the person referred to in paragraph (c) of the definition of “relevant media service provider” in subsection (1).]

F78[Chapter 2 Duties

46J. Harm, offence, incitement, and authority of State.

46J.— (1) A broadcaster shall not broadcast, and a provider of an audiovisual on‑demand media service shall not make available in a catalogue of the service—

• (a) anything which may reasonably be regarded as causing harm or undue offence,

• (b) anything which may reasonably be regarded as likely to promote, or incite to, crime,

• (c) anything which may reasonably be regarded as conduct falling within Article 5 of Directive (EU) 2017/541 of the European Parliament and of the Council of 15 March 2017¹⁰ on combating terrorism and replacing Council Framework Decision 2002/475/JHA and amending Council Decision 2005/671/JHA,

• (d) anything which may reasonably be regarded as likely to incite to violence or hatred directed against a group of persons, or a member of a group, based on any of the grounds referred to in Article 21 of the Charter, or

• (e) anything which may reasonably be regarded as tending to undermine the authority of the State.

• (2) A failure to comply with subsection (1) shall be a contravention for the purposes of Part 8B.]

46K. F79[Privacy.

46K.— (1) A broadcaster shall ensure that, 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) A provider of an audiovisual on-demand media service shall ensure that in programmes included in a catalogue of the service, and in the means employed to make such programmes, the privacy of any individual is not unreasonably encroached upon.

• (3) A failure to comply with subsection (1) or (2) shall be a contravention for the purposes of Part 8B.]

46L. F80[News and current affairs.

46L.— (1) A broadcaster, in programmes which he or she broadcasts, and a relevant media service provider, in programmes which he or she makes available in a catalogue of the relevant service, shall ensure—

• (a) that news is reported and presented in an objective and impartial manner and without any expression of the broadcaster’s or provider’s own views, and

• (b) that the 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 matter broadcast or made available is presented in an objective and impartial manner and without any expression of the broadcaster’s or provider’s own views.

• (2) Should it prove impracticable to apply subsection (1)(b) in relation to a single programme, 2 or more related programmes may be considered as a whole, if—

• (a) where the programmes are broadcast, they are broadcast within a reasonable period of each other, or

• (b) where the programmes are made available on a relevant service, they are made available in the same way on the relevant service within a reasonable period of each other.

• (3) Nothing in subsection (1) prevents a broadcaster from broadcasting, or a relevant media service provider from making available, party political programmes, provided that an unfair preference is not given to any political party—

• (a) by a broadcaster, in the allocation of time for such programmes, or

• (b) by a relevant media service provider, in the positioning of such programmes in a catalogue of the relevant service.

• (4) Subsection (1), in so far as it requires a broadcaster or a relevant media service provider not to express his or her own views, does not apply to news or current affairs relating to a proposal which—

• (a) concerns policy as regards broadcasting which is of public controversy or the subject of current public debate, and

• (b) is being considered by the Government or the Minister.

• (5) Subject to subsection (6), a provider of a sound broadcasting service shall ensure that the time devoted to the broadcasting of news and current affairs programmes on the service—

• (a) is not less than 20 per cent of the broadcasting time of the service, and

• (b) if the service is provided for more than 12 hours in any one day, is not less than 2 hours of the broadcasting time of the service between 07. 00 hours and 19. 00 hours.

• (6) The Commission may authorise a derogation in whole or in part from the requirement in subsection (5) in the case of a sound broadcasting service, if the Commission is satisfied that the derogation would be beneficial to the listeners of the service.

• (7) The sound broadcasting services established and maintained by RTÉ are deemed to be one sound broadcasting service for the purposes of subsection (5).

• (8) A failure to comply with this section shall be a contravention for the purposes of Part 8B.]

46M. F81[Advertising.

46M.— (1) A programme broadcast, or made available in a catalogue of an audiovisual on-demand media service, may include advertisements inserted in it.

• (2) A broadcaster shall not broadcast, and a relevant media service provider shall not make available in a catalogue of the relevant service, an advertisement which—

• (a) is directed towards a political end or has any relation to an industrial dispute, or

• (b) 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.

• (3) A provider of a sound broadcasting service shall ensure that in the service the total daily time devoted to the broadcasting of advertisements does not exceed 15 per cent of the total daily broadcasting time.

• (4) Nothing in subsection (2)(a) prevents a broadcaster from broadcasting, or a relevant media service provider from making available, party political programmes, provided that an unfair preference is not given to any political party—

• (a) by a broadcaster, in the allocation of time for such programmes, or

• (b) by a relevant media service provider, in the positioning of such programmes in a catalogue of the relevant service.

• (5) Subsection (2)(a) does not apply to advertisements broadcast by a broadcaster, or advertisements made available in a catalogue of a relevant service by a relevant media service provider, at the request of F82[An Coimisiún Toghcháin], in relation to a matter referred to in F83[section 31](https://www.irishstatutebook.ie/eli/2022/act/30/section/31) of the [Electoral Reform Act 2022] concerning a referendum.

• (6) A failure to comply with subsection (2) or (3) shall be a contravention for the purposes of Part 8B.]

F84[Chapter 3 Media service codes and media service rules

46N. Media service codes.

46N. (1) The Commission may make codes (“media service codes”) governing the standards and practices of broadcasters and providers of audiovisual on-demand media services.

• (2) Media service codes may provide for standards and practices to ensure—

• (a) that broadcasters and providers of audiovisual on-demand media services comply with sections 46J and 46K,

• (b) that broadcasters and relevant media service providers comply with section 46L(1) to (3),

• (c) that in programme material audiences are protected from anything harmful or unduly offensive, and in particular that programme material relating to gratuitous violence or sexual conduct is presented—

• (i) with due sensitivity to the convictions or feelings of the audience, and

• (ii) in such a way that children will not normally hear or see anything which may impair their physical, mental or moral development,

• (d) that commercial communications—

• (i) protect the interests of the audience, and

• (ii) in particular, where they 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,

and

• (e) that the provision of a broadcasting service or audiovisual on-demand media service which has as one of its principal objectives the promotion of the interests of any organisation protects the interests of the audience.

• (3) Media service codes may provide that party political programmes may be broadcast or made available only at specified times.

• (4) Media service codes may provide for standards and practices to promote the following:

• (a) balanced gender representation of participants in news and current affairs programmes broadcast by broadcasters or made available by providers of audiovisual on-demand media services;

• (b) the broadcast in programmes broadcast on sound broadcasting services of music composed or performed by women.

• (5) The Commission shall make media service codes providing for the matters required to be provided for by Articles 5, 6(1), 6a(1) to (3), 7b, 8, 9, 10, 11, 15, Chapter VI, and Chapter VII (other than Article 26) of the Directive (except in so far as provision is made by media service rules).

• (6) The Commission shall have regard to each of the following matters in making or amending a media service code—

• (a) the degree of harm or offence likely to be caused by the inclusion of a particular matter in programme material,

• (b) the likely size and composition of the potential audience for programme material,

• (c) the likely expectation of the audience as to the nature of programme material, and the extent to which the nature of the programme material can be brought to the attention of potential members of the audience,

• (d) the likelihood of persons who are unaware of the nature of programme material being unintentionally exposed to it by their own actions,

• (e) the desirability of securing that the provider of a broadcasting service or an audiovisual on-demand media service informs the Commission of any change affecting the nature of the service and, in particular, of any change relevant to the application of media service codes, and

• (f) the desirability of maintaining the independence of editorial control over programmes.

• (7) Provision made for the purpose referred to in subsection (2)(d)(ii) may prohibit or restrict, in accordance with law, the inclusion in programmes of commercial communications relating to foods or beverages considered by the Commission to be the subject of public concern in respect of the general public health interests of children, in particular infant formula, follow-on formula or those foods or beverages which contain fat, trans-fatty acids, salts or sugars.

• (8) In preparing a media service code the Commission may consult the relevant public health authorities about any provision made for the purpose referred to in subsection (2)(d)(ii).

• (9) The Commission may amend or revoke a media service code.

• (10) A failure to comply with a media service code shall be a contravention for the purposes of Part 8B.

• (11) Subject to subsection (12), the following broadcasting codes prepared under section 42 of this Act before the date of coming into operation of this section shall, if in force immediately before that date, continue in force as if made under this section:

• (a) the General Commercial Communications Code (1 June 2017);

• (b) the Code of Fairness, Objectivity and Impartiality (1 July 2013);

• (c) the Code of Programme Standards (1 March 2015);

• (d) the Children’s Commercial Communications Code (2 September 2013).

• (12) After the coming into operation of this section, the broadcasting codes referred to in subsection (11) shall continue to apply to broadcasters only, unless otherwise amended or revoked by the Commission.]

46O. F85[Media service rules.

46O.— (1) The Commission may make rules (“media service rules”) for the purposes of this section.

• (2) Subject to subsections (3) and (4), the Commission may make media service rules in relation to the total daily times that shall be allowed for broadcasting commercial communications on a broadcasting service provided by a broadcasting contractor.

• (3) In the case of audiovisual broadcasting—

• (a) media service rules under subsection (2) shall specify the time allowed for broadcasting audiovisual commercial communications in the period between 06. 00 and 18. 00 hours and in the period between 18. 00 and 24. 00 hours each day, but

• (b) the time specified shall not exceed 20 per cent of the time in each period.

• (4) Media service rules under subsection (2) relating to sound broadcasting shall be in accordance with section 46M(3).

• (5) The Commission shall make media service rules requiring a broadcaster, as respects programmes broadcast by the broadcaster, and a provider of an audiovisual on-demand media service, as respects programmes made available in a catalogue of the service, to take steps to promote the understanding and enjoyment of those programmes by—

• (a) persons who are deaf or have a hearing impairment,

• (b) persons who are blind or partially sighted, and

• (c) persons who have a hearing impairment and are partially sighted.

• (6) Without prejudice to the generality of subsection (5), media service rules under that subsection shall require a media service provider to take steps to provide access to audiovisual programmes by persons within any paragraph of that subsection by means such as the provision of—

• (a) a sign language service,

• (b) subtitling, or

• (c) audio description.

• (7) Media service rules under subsection (5) shall require media service providers to have regard to whether facilities such as those referred to in subsection (6) are provided—

• (a) in the case of an audiovisual broadcasting service—

• (i) daily, or at other regular intervals,

• (ii) at popular viewing times, as well as at other times, and

• (iii) for news and news related matters, as well as for other matters,

or

• (b) in the case of an audiovisual on-demand media service, in an easily identifiable and easily accessible manner.

• (8) Media service rules under subsection (5) may require a broadcaster to ensure that a specified percentage of programmes broadcast on a broadcasting service in a specified period employs specified means by which the understanding and enjoyment by persons referred to in that subsection of that percentage of programmes may be promoted.

• (9) Media service rules shall provide for the matters required to be provided for by Articles 6(1), 6a(1), 7, 7b, 8, 9, 10, 11, Chapter VI and Articles 23(2), 24 and 25 of the Directive (except in so far as provision is made by media service codes).

• (10) The Commission may amend or revoke a media service rule.

• (11) A failure to comply with a media service rule shall be a contravention for the purposes of Part 8B.

• (12) The Commission shall prepare a report for the Minister on the operation of media service rules made under subsection (5), in such form and manner as the Minister may specify, not later than 3 years after the coming into operation of this subsection, and every 3 years thereafter.

• (13) Subject to subsection (14), the following broadcasting rules prepared under section 43 of this Act before the date of coming into operation of this section shall, if in force immediately before that date, continue in force as if made under this section:

• (a) Access rules (28 January 2019);

• (b) Rules on Adverts and Teleshopping (28 July 2010).

• (14) After the coming into operation of this section, the broadcasting rules referred to in subsection (13) shall continue to apply to broadcasters only, unless otherwise amended or revoked by the Commission.]

F86[Chapter 4 Retention of copies of programme material

46P. Retention of copies of programme material.

46P.— (1) A broadcaster shall retain a copy of all programme material—

• (a) broadcast by the broadcaster, or

• (b) supplied by the broadcaster under a broadcasting contract or a content provision contract.

• (2) A provider of an audiovisual on-demand media service shall retain a copy of all programme material made available in a catalogue of an audiovisual on-demand media service by the provider.

• (3) The Commission may determine the duration for which copies of programme material shall be retained in each of the cases referred to in subsections (1) and (2) and shall publish the duration on a website maintained by it.

• (4) The Commission may require the broadcaster or provider referred to in subsection (1) or (2) to provide a copy of any programme material to which that subsection applies within a specified period.

• (5) A failure to comply with subsection (1) or (2) shall be a contravention for the purposes of Part 8B.

• (6) A person who fails without reasonable excuse to comply with a requirement under subsection (4) shall be guilty of a category 2 offence.

• (7) The making or retention of a copy of programme material for the purposes of compliance with subsection (1) or (2) is not a contravention of the Copyright and Related Rights Act 2000.]

F87[Chapter 5 Procedures in relation to media service codes and media service rules

46Q. Consultation.

46Q.— (1) Before making a media service code or media service rule, the Commission shall make a draft of it available for inspection by any person.

• (2) A person may make submissions to the Commission in relation to the draft referred to in subsection (1), within such period as the Commission specifies for that purpose.

• (3) The Commission shall publish on a website maintained by it, and may publish in a newspaper circulating in the State, notice—

• (a) that a draft referred to in subsection (1) is available for inspection,

• (b) of the place at which, or the means by which, it may be inspected, and

• (c) of the period specified under subsection (2) for the making of submissions.

• (4) The Commission shall, in finalising a draft media service code or media service rule, have regard to any submissions made during the period specified under subsection (2).]

46R. F88[Laying of codes and rules.

46R.— (1) A copy of any media service code or media service rule made or amended, and notice in writing of the revocation of any code or rule, shall be given to the Minister as soon as practicable after the code or rule is made, amended or revoked.

• (2) A media service code or media service rule shall be laid by the Commission before each House of the Oireachtas as soon as may be after it is made or amended and, if a resolution annulling the code or rule is passed by either such House within the next 21 days on which that House sits after the code or rule is laid before it, the code or rule shall be annulled accordingly, but without prejudice to the validity of anything previously done under it.

• (3) Subject to section 46O(12), the Commission shall, from time to time as it sees fit, or at the direction of the Minister, review the effect of a media service code or media service rule and shall prepare a report in relation to that review and give it to the Minister.

• (4) The Minister shall cause a copy of the report referred to in subsection (3) to be laid before each House of the Oireachtas as soon as practicable after receiving it.]

PART 4 Redress

47. Code of practice — complaints handling.

47.— F89[(1) A broadcaster or provider of an audiovisual on-demand media service shall give due and adequate consideration to a complaint made in writing to it that it has failed to comply with one or more of the matters referred to in section 48(1) where, in the opinion of the broadcaster or provider of an audiovisual on-demand media service, the complaint is made in good faith and is not frivolous or vexatious.]

• (2) A complaint under subsection (1) shall be made to the F90[broadcaster or provider of an audiovisual on-demand media service] 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, F91[…]

• (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 F92[those dates, or]

• F93[(d) in the case the complaint relates to programme material made available on an audiovisual on-demand media service, the date the programme material ceased to be available on that service.]

• (3) A F90[broadcaster or provider of an audiovisual on-demand media service] shall prepare and implement a code of practice for the handling F94[in accordance with subsection (1) of complaints made in accordance with subsection (2) or referred under section 48(3)]. 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 F90[broadcaster or provider of an audiovisual on-demand media service] shall respond to complaints, and

• (c) the procedures to be followed by the F90[broadcaster or provider of an audiovisual on-demand media service] in the resolution of complaints.

• (4) A F90[broadcaster or provider of an audiovisual on-demand media service] shall publish on a website maintained by the F90[broadcaster or provider of an audiovisual on-demand media service], and generally make available, a copy of the code of practice prepared under subsection (3).

• (5) The Compliance Committee may prepare and publish guidance for F95[broadcasters or providers of an audiovisual on-demand media service] for the purposes of ensuring compliance with subsection (3).

• (6) A F90[broadcaster or provider of an audiovisual on-demand media service] shall supply F96[the matters referred to in subsection (3)(a) and (b), and the address of the website referred to in subsection (4),] to the Compliance Committee who shall cause such information to be published on a website maintained by the Authority.

• (7) A F90[broadcaster or provider of an audiovisual on-demand media service] shall keep a record of complaints made under subsection (1) F97[or referred under section 48(3)] and of any reply made thereto for a period of 2 years from the date of receipt of the complaint.

• (8) A F90[broadcaster or provider of an audiovisual on-demand media service] shall, if directed by the Compliance Committee, make available for inspection by the Compliance Committee all records kept by the F90[broadcaster or provider of an audiovisual on-demand media service] under subsection (7).

48. Complaints process.

F98[48. (1) A person may make a complaint to the Commission that there has been a failure to comply with section 46J, 46K, 46L, 46M(2) or (3), a media service code, a media service rule, section 46P(1) or (2), section 106(3) or section 127(6).

• (2) A complaint shall be made in writing to the Commission not more than 30 days after—

• (a) where the complaint relates to one broadcast, the date of the broadcast,

• (b) where the complaint relates to 2 or more unrelated broadcasts, the date of the earlier or earliest, as the case may be, of those broadcasts,

• (c) where 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, or

• (d) where the complaint relates to programme material made available on an audiovisual on-demand media service, the date the programme material ceased to be available on that service.

• (3) The Commission may, in the first instance, refer the complaint to the broadcaster or provider of an audiovisual on-demand media service concerned, for his or her consideration in accordance with a code of practice prepared under section 47(3).

• (4) If the Commission does not refer a complaint under subsection (3), it may, following consideration of the complaint, dismiss the complaint, if it is satisfied that—

• (a) the complaint is frivolous or vexatious or was not made in good faith,

• (b) the subject matter of the complaint is trivial,

• (c) the complaint has been resolved effectively under a code of practice prepared under section 47(3), or

• (d) the complaint was not made in accordance with subsection (2).

• (5) If the Commission does not refer a complaint under subsection (3) or dismiss it under subsection (4), it shall refer the complaint to a person authorised under section 139ZI(2) for his or her consideration.

• (6) Where the Commission refers a complaint under subsection (3) or (5) or dismisses a complaint under subsection (4), it shall notify the person who made the complaint of that reference or dismissal as soon as practicable after doing so, and no later than 30 days after the date of the reference or dismissal.

• (7) Where a complaint is dismissed under subsection (4), the notification referred to in subsection (6) shall include a statement of the reasons for the dismissal.

• (8) The Commission shall either refer a complaint under subsection (3) or (5) or dismiss a complaint under subsection (4) within 60 working days from the date on which the complaint is received and shall publish notice of the fact of the reference or dismissal on a website maintained by it.

• (9) A complaint made under subsection (1) of section 47 in accordance with subsection (2) of that section may, whether resolved under a code of practice prepared under subsection (3) of that section or not, be treated by the Commission as a complaint made to the Commission in accordance with subsection (2) of this section.]

49. 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 accordance with a scheme;

“scheme” means a scheme under subsection (3).

• (2) Subject to this section, 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, F99[…] 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 time 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 exercise 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 taking of reasonable steps of 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 form 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 reply 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 soon as may be but not later than 10 days after the receipt 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 have been made upon such expiration by the broadcaster concerned.