Broadcasting Act 2009

(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 undersubsection (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 underPart 5,6,8or8Bof 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 contravenessubsection (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 inparagraphs (b)to(d)ofsubsection (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 undersection 20, or

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

36A. F56[Professional secrecy under Digital Services Regulation

36A.—(1) Notwithstandingsection 36and 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, contravenessubsection (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 undersection 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 withsection 12(15);

“relevant interest”shall be construed in accordance withsection 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 insubsection (1), and

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

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

38. F58[ Judicial review.

38.—(1)F59[…]

(2) Leave shall not be granted for judicial review ofF60[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 inparagraph (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 inparagraph (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 insubsection (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 tosubsection (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 withF60[subsection (2)];

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

(c) an application for judicial review following leave granted undersubsection (2);

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

(6) The High Court may grant leave to appeal from a decision referred to insubsection (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 insubsection (6), the Court of Appeal shall have jurisdiction to determine only the point of law certified by the High Court undersubsection (6), and to make only such order as necessarily follows from that determination.]

PART 3

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 undersection 2Aon 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 insubsection (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 undersection 46H.

(6) A notification shall be given in compliance with any rules made undersection 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 insection 46B(5)(including any matters prescribed by rules undersection 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 undersection 46H.]

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

46D.—(1) This section applies if the Commission receives a notification undersection 46Bor46C.

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

(3) In the case of a notification undersection 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 undersection 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 undersubsection (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 undersubsection (3)(b), and

(d) a statement in writing of any amendment undersubsection (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 undersubsection (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 undersubsection (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 undersubsection (2).

(5) The Commission shall give the provider concerned a statement in writing of any amendment it makes undersubsection (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 withsection 46B, or46C, or a request undersection 46D(2)orsection 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 undersubsection (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 withsection 46Bor46C, the provider may appeal the direction to the Circuit Court within 28 days of receipt of the direction.

(5) On hearing an appeal undersubsection (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 undersubsection (1)shall be guilty of a category 2 offence.]

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

46G.—(1) If undersection 46D(4)or46E(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 undersubsection (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 tosection 46A(3), the information to be included in the register;

(b) the form and manner of a notification undersection 46Bor46C, including the information which must be provided undersection 46B(5)(f);

(c) the procedures which the Commission shall follow in making requests for further information undersections 46D(2)and46E(4).

(2) The Commission may issue guidelines in relation to the operation of this Part or of any rules made undersubsection (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

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 insubsection (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 inparagraph (c)of the definition of“relevant media service provider”insubsection (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 ofsubsection (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 bysection 8of theCompanies Act 2014) as the person referred to inparagraph (c)of the definition of“relevant media service provider”insubsection (1).]

F78[Chapter 2

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 2017^10on 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 withsubsection (1)shall be a contravention for the purposes ofPart 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 withsubsection (1)or(2)shall be a contravention for the purposes ofPart 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 applysubsection (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 insubsection (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 tosubsection (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 insubsection (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 ofsubsection (5).

(8) A failure to comply with this section shall be a contravention for the purposes ofPart 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 insubsection (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 ofF82[An Coimisiún Toghcháin], in relation to a matter referred to inF83[section 31of theElectoral Reform Act 2022]concerning a referendum.

(6) A failure to comply withsubsection (2)or(3)shall be a contravention for the purposes ofPart 8B.]

F84[Chapter 3

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 withsections 46Jand46K,

(b) that broadcasters and relevant media service providers comply withsection 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 insubsection (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 insubsection (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 ofPart 8B.

(11) Subject tosubsection (12), the following broadcasting codes prepared undersection 42of 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 insubsection (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 tosubsections (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 undersubsection (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 undersubsection (2)relating to sound broadcasting shall be in accordance withsection 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 ofsubsection (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 undersubsection (5)shall require media service providers to have regard to whether facilities such as those referred to insubsection (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 undersubsection (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 ofPart 8B.

(12) The Commission shall prepare a report for the Minister on the operation of media service rules made undersubsection (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 tosubsection (14), the following broadcasting rules prepared undersection 43of 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 insubsection (13)shall continue to apply to broadcasters only, unless otherwise amended or revoked by the Commission.]

F86[Chapter 4

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 insubsections (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 insubsection (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 withsubsection (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 undersubsection (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 withsubsection (1)or(2)is not a contravention of theCopyright and Related Rights Act 2000.]

F87[Chapter 5

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 insubsection (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 insubsection (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 undersubsection (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 undersubsection (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 tosection 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 insubsection (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 insection 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 withsubsection (1)of complaints made in accordance withsubsection (2)or referred undersection 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 insubsection (3)(a)and(b), and the address of the website referred to insubsection (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 undersection 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 withsection 46J,46K,46L,46M(2)or(3), a media service code, a media service rule,section 46P(1)or(2),section 106(3)orsection 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 undersection 47(3).

(4) If the Commission does not refer a complaint undersubsection (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 undersection 47(3), or

(d) the complaint was not made in accordance withsubsection (2).

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

(6) Where the Commission refers a complaint undersubsection (3)or(5)or dismisses a complaint undersubsection (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 undersubsection (4), the notification referred to insubsection (6)shall include a statement of the reasons for the dismissal.

(8) The Commission shall either refer a complaint undersubsection (3)or(5)or dismiss a complaint undersubsection (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 undersubsection (1)ofsection 47in accordance withsubsection (2)of that section may, whether resolved under a code of practice prepared undersubsection (3)of that section or not, be treated by the Commission as a complaint made to the Commission in accordance withsubsection (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.

(10) A broadcaster shall give due and adequate consideration to any request under subsection (6), which in the opinion of the broadcaster has been made in good faith and is not of a frivolous or vexatious nature, by a member of the public in respect of the broadcasting service provided by the broadcaster and shall keep due and proper records for a period of 2 years of all such requests and of any reply made to them or of any action taken on foot of them.

(11) A broadcaster shall, if directed by the Compliance Committee, make available for inspection by the Compliance Committee all records kept by him or her under subsection (10).

(12) No charge shall be made for the processing of a request under subsection (6) by a broadcaster.

(13) In a defamation action the granting of a request for a right of reply under this section by a defendant in respect of a statement to which the action relates—

(a) does not constitute an express or implied admission of liability by that defendant, and

(b) is not relevant to the determination of liability in the action.

(14) In a defamation action the defendant may give evidence in mitigation of damage, that he or she granted or offered to grant a right of reply under this section to the plaintiff in respect of the statement to which the action relates, either—

(a) before the bringing of the action, or

(b) as soon as practicable thereafter, in circumstances where the action was commenced before there was an opportunity to grant or offer to grant a right of reply.

(15) In a defamation action, a defendant who intends to give evidence to which subsection (14) applies shall, at the time of the filing or delivery of the defence to the action, notify the plaintiff in writing of his or her intention to give such evidence.

(16) Evidence of the granting of a right of reply under this section by a broadcaster in respect of a statement to which the action relates is not admissible in any civil proceedings as evidence of liability of the defendant.

(17) Subject to this section, the Compliance Committee, F100[on application to it] in that behalf, in writing, by a requester, shall endeavor to within 21 days after the receipt of such an application, review a decision to refuse by a broadcaster under subsection (8) or (9) and F1[as it considers appropriate]—

(a) affirm the decision, or

(b) annul the decision and require the broadcaster concerned to broadcast the Compliance Committee’s decision including any correction of inaccurate facts or information relating to the individual concerned within 7 days of such decision being communicated to the broadcaster and at a time and in a manner corresponding to that in which the broadcast to which the request relates took place,

in accordance with this section.

(18) An application under subsection (17) shall be made to the Compliance Committee not more than 21 days after receipt of a decision to refuse under subsection (8) or (9).

(19) Where F101[the Commission proposes] to investigate an application made under subsection (17), the Compliance Committee shall afford to the broadcaster to whom the application relates (hereafter in this section referred to as the “broadcaster concerned”) an opportunity to comment on the application.

(20) As soon as may be after F102[it decides] on an application made under subsection (17), the Compliance Committee shall send to—

(a) the person who made the application, and

(b) the broadcaster concerned,

a statement in writing of F102[its decision], including the reasons for F102[its decision].

(21) The Compliance Committee may reject any request for a right of reply where it is of the opinion inter aliathat—

(a) the request is of a frivolous or vexatious nature or was not made in good faith,

(b) a right of reply is manifestly unnecessary owing to the minor significance of the error in the broadcast complained of,

(c) the proposed right of reply cites untrue information or assertions,

(d) the proposed right of reply is a personal opinion,

(e) the proposed right of reply is an assessment or warning against the future conduct of a person,

(f) satisfaction of the proposed right of reply would involve a punishable act,

(g) satisfaction of the proposed right of reply would be harmful or offensive,

(h) satisfaction of the proposed right of reply would render the broadcaster liable to civil law proceedings,

(i) satisfaction of the proposed right of reply would breach a broadcaster’s statutory obligation,

(j) satisfaction of the proposed right of reply would breach the terms of a broadcaster’s contract under Part 6 with the Authority,

(k) the person who was injured by the contested information has no legally justifiable actual interest in the publication of a right of reply,

(l) the original broadcast also contained a statement from the person affected and such contents are equivalent to a right of reply,

(m) an equivalent editorial correction has been made and the person affected informed,

(n) the content of the proposed right of reply would violate the rights of a third party,

(o) the matter concerned relates to reports on public sessions of the Houses of the Oireachtas or the Courts,

(p) the matter concerned relates to a party political broadcast,

(q) the matter concerned relates to a broadcast under F103[section 31 of theElectoral Reform Act 2022],

(r) the broadcast of a right of reply is not in the public interest, or

(s) the application was not made within the period specified in subsection (18).

(22) Where the Compliance Committee finds that the broadcaster has failed to comply with a decision under subsection (17) the Compliance Committee shall notify the broadcaster of those findings and give the broadcaster an opportunity to make representations in relation to the notification or remedy any non-compliance, not later than—

(a) 10 days after F103[the giving of the notification], or

(b) the end of such longer period as is agreed by the Compliance Committee with the broadcaster concerned.

(23) Where, at the end of the period referred to in subsection (22), the Compliance Committee is of the opinion that the broadcaster concerned has not remedied its non-compliance, F103[the Commission may, on notice to the broadcaster,] apply to the High Court for such order as may be appropriate in order to ensure compliance with a decision under subsection (17).

(24) The High Court may, as it thinks fit, on the hearing of the application make an order—

(a) compelling compliance with a decision under subsection (17),

(b) varying a requirement under subsection (17), or

(c) refusing the application.

(25) A scheme shall be—

(a) published by the Authority on a website maintained by the Authority, and

(b) carried out in accordance with its terms by the Compliance Committee.

F104[(25A) The Commission may amend a scheme prepared undersubsection (3)and an amended scheme shall be considered to be a scheme prepared undersubsection (3).]

(26) (a) A scheme shall be laid before each House of the Oireachtas by the Minister as soon as may be after it is prepared.

(b) Either House of the Oireachtas may, by resolution passed within 21 sitting days after the day on which a scheme was laid before it in accordance with paragraph (a), annul the scheme.

(c) The annulment under paragraph (b) of a scheme takes effect immediately on the passing of the resolution concerned but does not affect anything that was done under the scheme before the passing of the resolution.

(27) The Authority shall review and report to the Minister on the operation, effectiveness and impact of a scheme not later than 3 years from the date on which it comes into operation and every 5 years thereafter or at such time as may be requested by the Minister.

(28) A copy of a report under subsection (27) shall be laid by the Minister before each House of the Oireachtas as soon as may be after it has been made to him or her.

F104[(29) A scheme prepared undersubsection (3)before the date of coming into operation of section 13 of the Online Safety and Media Regulation Act 2022 shall, if in force immediately before that date, continue in force as if made under this section as amended by that section.]

PART 5 Enforcement

Chapter 1

50. Investigation into affairs of contractor.

50. F105[(1) In this section—

“contractor”means a holder of a contract underPart 6or8;

“investigator”means a person appointed as an investigator undersubsection (2).]

F105[(2) If a person authorised by the Commission undersubsection (2A)has reason to suspect that a contractor is not providing a service in accordance with the terms of the contractor’s contract, the person may appoint a member of the staff of the Commission, or such other person as he or she considers appropriate, as an investigator to carry out an investigation under this section into the operational, programming, financial, technical or other affairs of the contractor.]

F106[(2A) The Commission may authorise any Commissioner or member of its staff to make an appointment referred to insubsection (2).]

(3) The F107[investigator]shall notify the contractor concerned of the matter under investigation and afford the contractor an opportunity to respond, within 7 days of the date of the notification, or such further period as the F107[investigator] allows, to the matter under investigation. It is the duty of the contractor to co-operate in the investigation.

(4) An investigator may for the purposes of an investigation under this section require the contractor concerned to—

(a) produce to the investigator such information or records in the contractor’s possession or control relevant to the investigation,

(b) allow the investigator to enter the premises of the contractor to conduct such inspections and make such examinations of broadcasting equipment found there, and

(c) where appropriate, attend before the investigator for the purposes of the investigation.

(5) Where an investigator, having conducted an investigation under subsection (2), forms a view that a contractor is not providing the service referred to in that subsection in accordance with the terms of the contractor’s contract, then he or she shall notify the finding to the contractor and afford that contractor an opportunity to make submissions in accordance with any rules made under subsection (8) at a hearing before the Compliance Committee in respect of the matter under investigation.

(6) The contractor concerned shall supply the Compliance Committee with such information and records the F108[Commission] considers necessary for the purposes of a hearing.

(7) After consideration of submissions (if any) made by the contractor concerned under subsection (5), the Compliance Committee may—

(a) make a finding that the contractor is not providing the service referred to in subsection (2) in accordance with the terms of the contractor’s contract, or

(b) make such other finding as it considers appropriate in the circumstances.

(8) The Compliance Committee shall make rules providing for F109[the operation of an investigation under this section, and] the conduct of a hearing under subsection (5). The rules shall provide for the period in which submissions under subsection (5)are to be made. The rules may include provision for an oral or other form of hearing, as appropriate.

F109[(8A) The functions of the Commission undersubsections (5),(6)and(7)shall be exercised by a division of the Commission consisting of such uneven number of Commissioners, not being less than 3, as the Commission may determine.]

F109[(8B) If the person appointing an investigator to carry out an investigation undersubsection (2)is a Commissioner, the division exercising the functions referred to insubsection (8A)in relation to the investigation shall not include that Commissioner.]

(9) F110[…]

51. Termination or suspension of contract under Part 6 or 8.

51.— F111[(1) Without prejudice to any provision of this Act, or of a contract made under it, the Commission may terminate, or suspend for such period as it considers reasonable, a contract entered into underPart 6orPart 8—

(a) if any false or misleading information of a material nature was given to the Commission by or on behalf of the holder of the contract before it was entered into, or

(b) if, following an investigation undersection 50, the Commission has made a finding undersubsection (7)of that section that the holder of the contract has failed on one or more occasions to comply with a term or condition of the contract, and the nature of that failure is of such seriousness as in the Commission’s opinion warrants the termination or suspension of the contract.]

F112[(1A) The functions of the Commission undersubsections (1)and(2), shall be exercised by a division of the Commission consisting of such uneven number of Commissioners, not being less than 3, as the Commission may determine.]

F112[(1B) In the case of functions undersubsection (1)(b), andsubsection (2)as it applies to a decision undersubsection (1)(b), if the person who appointed the investigator to carry out the investigation referred to insubsection (1)(b)was a Commissioner, the division referred to insubsection (1A)shall not include that Commissioner.]

F113[(2) Where the Commission proposes to make a decision undersubsection (1)the Commission shall by notice in writing afford the holder of the contract concerned an opportunity to make submissions, in accordance with any rules made undersubsection (3), at a hearing before the Commission in respect of the matter under consideration.]

(3) The Compliance Committee shall make rules providing for F114[the operation of this section, including] the conduct of a hearing under subsection (2). The rules shall provide for the period in which submissions under subsection (2) are to be made. The rules may include provision for an oral or other form of hearing, as appropriate.

F115[(3A) The Commission may make guidelines in relation to the operation ofsection 50and this section and shall publish any guidelines on a website maintained by it.]

(4) A decision to terminate or suspend a contract by the Authority under this section, any other provision of this Act or a provision of the contract, may be appealed by the holder of the contract to the High Court.

(5) F116[…]

(6) A contract terminated or suspended under this section, under any other provision of this Act or under a provision of the contract, shall—

(a) in case it is terminated, cease to have effect, and

(b) in case it is suspended, cease to have effect for the period for which it is suspended.

Chapter 2

58. Definitions (Chapter 2).

52.— F117[…]

58. Investigation into affairs of broadcaster.

53.— F118[…]

58. Reports, findings, recommendations and procedures relating to outcome of investigation.

54.— F119[…]

58. Financial sanctions.

55.— F120[…]

58. Matters to be considered in determining the amount of financial sanction.

56.— F121[…]

Chapter 3

57. Notifications.

57.— (1) F122[…]

(2) F122[…]

(3) A copy of a notification, which has endorsed on it a certificate purporting to be signed by an investigator under Chapter 1 or investigating officer under Chapter 2, as the case may be, stating that the copy is a true copy of the notification may, without proof of signature of that person, be produced in every court or before the Authority and in all legal proceedings and is evidence, unless the contrary is shown, of the notification.

(4) In this section “notification” means a notification under this Part.

PART 6 Broadcasting Contracts and Content Provision Contracts — Commercial and Community Broadcasters

58. Interpretation (Part 6).

58.— (1) In this Part—

“broadcasting licence” means a licence granted under section 59;

“sound broadcasting contract” means a contract entered into under section 63;

F123[…]

(2) Any contract in respect of broadcasting entered into under an enactment repealed by section 3 by the BCI with another person which is in force immediately before the passing of this Act continues in force as if made under the corresponding provision of this Part and has effect accordingly.

59. Broadcasting licence.

59.— (1) The Authority shall not authorise a broadcasting contractor to operate a broadcasting transmitter and provide a broadcasting service under a broadcasting contract unless and until the Communications Regulator has granted under this subsection to the Authority a licence (“broadcasting licence”) under section 5 of the Act of 1926 in respect of the sound or television broadcasting transmitter to which the contract relates.

(2) A broadcasting licence shall be valid only for such period of time as a broadcasting contract between the Authority and a broadcasting contractor is in force.

(3) Every broadcasting contract shall contain a condition requiring the broadcasting contractor concerned to establish, maintain and operate the broadcasting transmitter concerned in accordance with such terms and conditions as the Communications Regulator attaches to the broadcasting licence to which the contract relates (including any variations made to it in accordance with section 60), and so long as the terms and conditions are complied with, the contract has the effect of conveying the benefits of the licence to the broadcasting contractor and any such transmitter so established, maintained and operated shall be deemed to be licensed for the purposes of the Act of 1926.

(4) Every broadcasting licence shall be open to inspection by members of the public at the Authority’s F124[…] office, at such times as the Authority considers reasonable during office opening hours.

60. Variation of broadcasting licence.

60.— (1) The Communications Regulator may vary any term or condition of a broadcasting licence—

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

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

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

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

(e) on request from the Authority after consultation with any affected broadcasting contractor, or

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

(2) (a) If the Communications Regulator, for any reason specified in paragraph (a), (b) or (c) of subsection (1) proposes to vary, under this section, any term or condition of a broadcasting licence, the Regulator shall, by notice in writing, inform the Authority of the Regulator’s intentions and of the reasons for it. The Authority shall, within 7 days of receiving the notice, give notice in writing to the broadcasting contractor concerned of the intention.

(b) The broadcasting contractor shall have the right to make representations in writing to the Authority in respect of the Communications Regulator’s intentions, within 21 days after the service of the notice by the Authority.

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

(3) (a) If, having considered the representations (if any) which have been notified to it by the Authority by or on behalf of a broadcasting contractor, the Communications Regulator decides to vary any term or condition of a licence, it shall, by notice in writing, inform the Authority of its decision.

(b) The Authority shall, within 7 days of receipt of the Communications Regulator’s decision by notice in writing inform the broadcasting contractor of that decision.

(c) On and from the day following service on the contractor of notice of the Communications Regulator’s decision the licence shall have effect subject to the variation of it by that decision.

(4) F125[…]

(5) F125[…]

61. Emergencies.

61.— (1) In this section “network provider” means a person providing or operating an electronic communications network which is used for the distribution, transmission or retransmission of broadcasting services to the public.

(2) During the continuance of any national emergency, the Minister may suspend any broadcasting licence or multiplex licence as defined in section 129 and, while any such suspension continues, the Minister may operate any service which was provided under the suspended licence or require such service to be operated as he or she directs.

(3) The Authority shall have the power to require broadcasting contractors and network providers to co-operate with the relevant public bodies in the dissemination of relevant information to the public in the event of a major emergency.

(4) If and whenever the Minister shall exercise the powers conferred on him or her by subsection (2)the broadcasting contractor or multiplex contractor shall be entitled to receive from the Minister, with the consent of the Minister for Finance—

(a) such sums as are required to defray any expenses which, regard being had to the nature of the emergency, have been properly and necessarily incurred by the broadcasting contractor or multiplex contractor and for meeting which revenue is by reason of the exercise of such powers not otherwise available to the broadcasting contractor or multiplex contractor, and

(b) compensation for any damage done to any property of the broadcasting contractor or multiplex contractor, being damage directly attributable to the exercise of such powers.

(5) At the request of the Minister, the Authority shall direct a broadcasting contractor to allocate broadcasting time for announcements for and on behalf of any Minister of the Government, in the event of a major emergency, in connection with the functions of that Minister of the Government. The broadcasting contractor shall comply with the direction.

(6) At the request of the Minister, the Authority shall direct a network provider, in a manner to be specified by the Authority, to carry broadcast announcements for and on behalf of any Minister of the Government, in the event of a major emergency, in connection with the functions of that Minister of the Government. The network provider shall comply with the direction.

(7) In complying with a direction under subsection (5) or (6) a broadcasting contractor or network provider may broadcast an announcement that it has received such a direction from the Authority.

62. Restriction on award of sound broadcasting contract.

62.— F126[The Commission shall not grant] a sound broadcasting contract to a person who has been convicted of an offence under section3(3) (inserted by section 181 (2)) of the Act of 1926 or under section 3, 4 or 5 of the Act of 1988 if the conviction occurred less than 12 months before the first day on which the person proposes to engage in sound broadcasting activities to which the application for the sound broadcasting contract relates.

63. Sound broadcasting contracts.

63.— F127[The Commission] shall enter into contracts (“sound broadcasting contracts”) with persons ("sound broadcasting contractors”) under which the sound broadcasting contractors have, subject to this Part, 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.

64. Community sound broadcasting contracts.

64.— F128[The Commission] may enter into a class of sound broadcasting contract (“community sound broadcasting contract”) with 2 or more members of a local community or of a community of interest if it is satisfied that—

(a) those members are representative of, and accountable to, the community concerned, and

(b) the supply of programme material in pursuance of the contract will be effected with the sole objective of—

(i) specifically addressing the interests of, and seeking to provide a social benefit to, the community concerned, and

(ii) achieving a monetary reward of no greater amount than is reasonably necessary to defray the expenses that will be incurred in effecting that supply.

65. Applications for sound broadcasting contracts.

65.— (1) In order to secure the orderly development of broadcasting services and 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 Authority shall liaise and consult with the Communications Regulator in the preparation by that body of an allocation plan for the frequency range dedicated to sound broadcasting.

(2) The Authority, having regard to an allocation plan under subsection (1) and after consultation with the Communications Regulator, in respect of the availability of radio frequencies for sound broadcasting services shall—

(a) 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 F129[invited.]

(b) F130[…]

(3) Where the Authority proposes to specify an area under subsection (2), the Authority may conduct, or arrange for there to be conducted, either or both—

(a) a study in that area or amongst a community of interest for the purposes of ascertaining the interests and wishes of that area or community in respect of sound broadcasting services, or

(b) a study as to the sectoral impact of an additional sound broadcasting contract in that area.

(4) The Authority shall publish the results of any study conducted under subsection (3) on a website maintained by the Authority.

(5) F130[…]

(6) F131[The Commission may, by public notice, in such form and manner as it considers appropriate,] invite expressions of interest in the securing of contracts for sound broadcasting services under this Act. Any expressions of interest must be made within 60 days of the date of such notice and must indicate in general terms the type of service that would be provided and shall not be regarded as an application for a sound broadcasting contract.

(7) A public notice under subsection (6) may invite all interested parties to express their views on the type of sound broadcasting service proposed.

F131[(8) Subject to this Part, the Commission shall invite applications for a sound broadcasting contract for the provision of a sound broadcasting service in each area specified by the Commission undersubsection (2), and may enter into such a contract.]

F132[(8A) For the purposes ofsubsection (8)the Commission may consider the results of any study conducted undersubsection (3).]

(9) Where the Contract Awards Committee 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.

(10) In considering applications for the award of a sound broadcasting contract the Contract Awards Committee shall determine applications in accordance with section 66 and assign a F133[score to each of the criteria specified insection 66(2), either individually or in combination,] and the Contract Awards Committee shall inform each person who has indicated his or her intention of being an applicant for a contract of such assignment.

(11) The Contract Awards Committee shall in reaching its decision as to the award of a sound broadcasting contract assign an agreed score to each of the applications received in accordance with subsection (10).

(12) F130[…]

(13) Every notice under subsection (9) shall—

(a) be published on a website maintained by the Authority, and where appropriate, in a newspaper circulating in the area to be served,

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

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

66. Determination of applications for award of sound broadcasting contracts and television programme service contract.

66.— (1) The Contract Awards Committee shall, in accordance with this Part, consider every application received by it—

(a) for a sound broadcasting contract made under section 65 (8), or

(b) for a television programme service contract,

for the purpose of determining the most suitable applicant, if any, to be awarded a broadcasting contract.

(2) In the consideration of applications referred to in subsection (1) received by it and in determining the most suitable applicant to be awarded a broadcasting contract, the Contract Awards Committee shall have regard to—

(a) the character, expertise and experience of the applicant or, if the applicant is a body corporate, the character expertise and experience of the body and its directors, manager, secretary or other similar officer and its members and the persons entitled to the beneficial ownership of its shares,

(b) the adequacy of the financial resources that will be available to each applicant and the extent to which the application accords with good business and economic principles,

(c) the quality, range and type of the programmes proposed to be provided by each applicant or, 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 broadcasting service new opportunities for talent in music, drama and entertainment and in particular in respect of Irish culture,

(f) the desirability of having a diversity of services in the area specified in the notice catering for a wide range of tastes 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 Part,

(h) 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 the area specified in the notice,

(i) 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,

(j) 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,

(k) any other matters which the Contract Awards Committee considers to be necessary to secure the orderly development of broadcasting services, and

(l) F134[…] any of—

(i) the amount of a single cash sum payment, as specified by the applicant during the course of his or her application, which the applicant is willing to pay to the Authority in respect of the award of the broadcasting contract,

(ii) the amount of a periodic cash sum payment, as specified by the applicant during the course of his or her application, which the applicant is willing to pay to the Authority in respect of the award of the broadcasting contract, and

(iii) the amount of a periodic cash sum payment determined by reference to a variable, as specified by the applicant during the course of his or her application, which the applicant is willing to pay to the Authority in respect of the award of the broadcasting contract.

(3) In considering the suitability of any applicant for the award of a sound broadcasting contract to provide a sound broadcasting service in respect of an area which includes a Gaeltacht area, the Contract Awards Committee shall have particular regard to the continuance and advancement as a spoken language of the Irish language.

(4) In considering the suitability of an applicant for the award of a broadcasting contract, the Contract Awards Committee shall have regard to—

(a) the overall quality of the performance of the applicant with respect to the provision by him or her of a broadcasting service under any broadcasting contract held by him or her at, or before, the date of the making of the F135[application.]

(b) F136[…]

(5) Where F137[the Commission decides to refuse to award a broadcasting contract to an applicant, it shall] notify the applicant of—

(a) the reasons for the decision,

(b) the score of the applicant, and

(c) the score of any successful applicant.

(6) In this section “notice” means a notice under section 65 (9).

67. Fast-track application process for award of sound broadcasting contracts.

67.— (1) In this section—

F138[…]

“fast-track procedure” means a procedure provided for under subsection (2);

“incumbent” means the holder of a sound broadcasting contract which is the subject of a notice under section 65 (6).

(2) Where, in the opinion of the F139[Commission], the only response made in good faith pursuant to a public notice under section 65(6), is received from the incumbent, then the F139[Commission] may at its discretion propose to invoke a fast-track procedure under subsection (6).

(3) Where the F139[Commission] proposes to invoke a fast-track procedure, it shall by notice published on a website maintained by the Authority, and where appropriate in a newspaper circulating in the area to be served, state its intention to invoke such a procedure.

(4) If a person, other than the incumbent, within 28 days of a notice published under subsection (3)—

(a) submits in writing that he or she wishes to apply for the award of a sound broadcasting contract for the area concerned, and

(b) deposits such a sum with the Authority as is specified by the F140[Commission] in any notice under subsection (3), not exceeding €25,000,

then the F140[Commission] shall proceed to—

(i) invite applications for the award of a sound broadcasting contract for the area concerned under F140[section 65(8).]

(ii) F141[…]

(5) Where, in the opinion of the F142[Commission], an application under section 65 has been received consequent to a submission under subsection (4) then any sum deposited under subsection (4) shall be refunded in full.

(6) In the event that no written submission and associated deposit are received under subsection (4) the F142[Commission] may—

F142[(a) assess the incumbent’s compliance with the terms of its sound broadcasting contract andPart 3B,]

(b) invite the incumbent to make a proposal to amend the terms of his or her sound broadcasting contract, and

(c) suggest to the incumbent possible amendments to the terms of his or her contract.

(7) A proposal received under subsection (6) must address—

(a) the matters outlined in section 66, and

(b) such other matters as the F142[Commission] may consider relevant.

(8) On consideration of a proposal received under subsection (6) the F143[Commission] may—

(a) reject the contractual changes proposed by the incumbent and proceed to invite applications under section 65 (8) from other persons for the area F143[concerned, or]

(b) F144[…]

F143[(c) agree amended contract terms with the incumbent.]

(9) The term of any contract extension agreed under subsection (8) shall not exceed 10 years.

(10) All payments made to the Authority under subsection (4) (b) and subsequently forfeited by the applicant shall be paid into or disposed of for the benefit of the Exchequer in such manner as the Minister for Finance may direct.

68. Sound broadcasting contracts for temporary or institutional sound broadcasting services.

68.— (1) F145[The Commission] may, in any period of 12 months, enter into a sound broadcasting contract with an applicant for the provision in such area as may be specified in the contract of a sound broadcasting service for a period of—

(a) not more than 30 days (whether consecutive days or otherwise) in that period of 12 months, or

(b) if the application is for a community sound broadcasting contract, not more than 100 days (whether consecutive days or otherwise) in that period of 12 months.

(2) F145[The Commission] may enter into a sound broadcasting contract with an applicant 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) F145[Section 46L(5)] does not apply to a contract awarded for the provision of a sound broadcasting service under this section.

(4) Sections 65 and 66 do not apply in the case of a contract applied for, or awarded, for the provision of a sound broadcasting service under this section.

69. Terms and conditions of broadcasting contract.

69.— (1) Every broadcasting contract may contain such terms and conditions as the Authority thinks appropriate and specifies in the contract.

(2) Without prejudice to the generality of subsection (1), the Authority may specify in a broadcasting contract all or any of the following terms or conditions:

(a) the period during which the contract shall continue in force;

(b) whether the contract may be renewed and, if so, the manner in which, the terms on which, and the period for which, the contract may be so renewed;

(c) a condition prohibiting the assignment of the contract or of any interest in it;

(d) if the broadcasting contractor is a company, a condition prohibiting any alteration in the Memorandum or Articles of Association of the company or in so much of that Memorandum or of those Articles as may be specified or prohibiting any material change in the ownership of the company;

(e) a condition requiring the broadcasting contractor to provide the quality, range and type of programmes which he or she proposed to offer in his or her application for the award of the contract;

(f) a condition requiring the sound broadcasting contractor to pay to the Authority the amount which the contractor specified in his or her application.