Legalize / Ireland / Act

Broadcasting Act 2009

Type Act

Publication 2009-07-12

Last updated 2026-01-01

State In force

Source Irish Statute Book

articles 315

Reform history JSON API

(b) whether the contravention was intentional or negligent;

(d) the financial strength of the hosting service provider;

(e) the level of cooperation of the hosting service provider with the competent authorities designated pursuant to Article 12(1) of the Terrorist Content Online Regulation;

(f) the nature and size of the hosting service provider, in particular whether it is a micro, small or medium-sized enterprise;

(g) the degree of fault of the hosting service provider, taking into account the technical and organisational measures taken by the hosting service provider to comply with the Terrorist Content Online Regulation.]

139ZSA. F270[Decision following joint investigation to which Article 60 applies.

139ZSA.—(1) A decision undersection 139ZS, where the report referred to insubsection (1)of that section relates to a joint investigation to which Article 60 applies, constitutes the preliminary position referred to in that Article, and (subject tosubsections (5)to(7))sections 139ZT,139ZUand139ZVdo not apply in relation to the decision.

(2) As soon as is practicable after making a decision to whichsubsection (1)applies, the Commission shall give notice in writing of the decision to the inquiry subject.

(3) A notice undersubsection (2)shall—

(a) set out the decision and the reasons for it, and

(b) state the effect ofsubsections (1)and(5)to(7).

(4) Where the Commission makes a communication under Article 60(2) in relation to a decision to whichsubsection (1)applies, the Commission shall as soon as is practicable give the inquiry subject notice in writing that the communication has been made.

(5) If in relation to a decision to whichsubsection (1)applies—

(a) no referral is made under Article 60(3), or

(b) following a referral, the European Commission does not make a request under Article 59(3) for the matter to be reviewed,

the Commission shall adopt the decision as its final decision.

(6) If, in relation to a decision to whichsubsection (1)applies, the European Commission makes a request under Article 59(3) for the matter to be reviewed, the Commission may, following the review and subject to Article 59(3), do any of the following:

(a) adopt the decision as its final decision;

(b) request a person authorised undersection 139ZI(2)to give a direction undersubsection (1)of that section for a new investigation;

(c) take any other action that appears to the Commission to be necessary to ensure compliance with the Digital Services Regulation.

(7) Where the Commission adopts a decision to whichsubsection (1)applies as its final decision,sections 139ZT,139ZUand139ZVshall apply in relation to the decision.]

139ZT. F271[Notice and publication of decision of Commission.

139ZT.—F272[(1) The Commission shall, as soon as is practicable after making a decision undersection 139ZS, give notice in writing of the decision to the inquiry subject.]

(2) The notice undersubsection (1)shall set out the decision made and the reasons for it.

(3) If the Commission decides that a contravention has occurred, the notice shall also—

(a) state that the decision does not take effect unless it is confirmed on appeal undersection 139ZXor on summary application undersection 139ZY,and

(b) state that, if theF272[inquiry subject]does not appeal undersection 139ZX, the Commission will, as soon as is practicable after the expiration of the period for the making of an appeal referred to insection 139ZX(1), make an application in a summary manner for confirmation of the decision undersection 139ZY.

(4) If the Commission decides to impose an administrative financial sanction, the notice shall also—

(a) state that theF272[inquiry subject]may make submissions in relation to the application ofsection 139ZWto the determination of the amount of the sanction,

(b) state either that—

(i) those submissions may be made at an oral hearing, undersection 139ZU(2)(a), on a date specified in the notice, or

(ii) that those submissions may be made in writing, undersection 139ZU(2)(b), within a period specified in the notice in accordance with that section,

and

(5) The Commission shall publish the decision made undersection 139ZSon a website maintained by it and that publication shall include the following matters:

(a) the name of theF272[inquiry subject];

(b) the nature of the suspected contravention to which the investigation related;

(d) such other particulars, reports or material as the Commission considers appropriate.

F273[(5A)Subsection (5)does not apply to a decision where the suspected contravention falls withinparagraph (c)of the definition of "contravention" insection 139ZG.

(5B) Where the decision referred to insubsection (1)relates to a contravention falling withinparagraph (b)or(d)of the definition of "contravention" insection 139ZG, the Commission shall provide a copy of the notice referred to in that subsection to

(a) the European Commission,

(b) the European Board for Digital Services, and

(6) The Commission may provide a copy of a notice referred to insubsection (1)toF272[any other person]where it considers it appropriate to do so.

(7) A person who receives a copy of a notice undersubsection (6)prior to the publication of the decision undersubsection (5)shall not, without the prior authorisation of the Commission, disclose the existence or the content of the notice, including any content redacted in accordance withsubsection (9)from a notice published undersubsection (5), to any other person.

(8) A person who without reasonable excuse contravenessubsection (7)shall be guilty of a category 2 offence.

(9) The Commission may, for the purposes of publication undersubsection (5), redact any particulars which appear to the Commission—

(a) to be commercially sensitive, or

(b) to relate to the commission of an offence.]

F274[Chapter 4

139ZU. Submissions and requests for information.

139ZU.—(1)Subsections (2)and(3)apply where the Commission has made a decision undersection 139ZSto impose an administrative financial sanction on aF275[person].

(2) TheF275[person]may make submissions to the Commission in relation to the application ofsection 139ZWto the determination of the amount of the sanction—

(a) at an oral hearing, where the Commission considers it necessary, or

(b) otherwise, in writing, within the period of 10 working days from the date theF275[person]receives the notice undersection 139ZT, or such longer period as the Commission may specify in the notice.

F275[(3) Where a person makes submissions to the Commission undersubsection (2)(b), the Commission may by notice in writing request the person to provide, within a specified period, such further information as the Commission considers appropriate for the purposes of determining the amount of the sanction.]

F275[(4) A person who—

(a) without reasonable excuse fails to comply with a request undersubsection (3), or

(b) in purported compliance with a request undersubsection (3), gives to the Commission information which the person knows to be false or misleading in any material respect,

shall be guilty of a category 2 offence.]]

139ZV. F276[Determination of amount of administrative financial sanction.

139ZV.—(1) Where a decision has been made undersection 139ZSto impose an administrative financial sanction, the Commission shall determine the amount of the sanction in accordance withsection 139ZW.

(2) The Commission shall make the determination as soon as practicable after—

(a) wheresection 139ZU(2)(a)applies, the date of the oral hearing referred to in that paragraph, or

(b) wheresection 139ZU(2)(b)applies, the expiry of the period or further period referred to in that paragraph, or if applicable the period specified in any notice undersection 139ZU(3),

whether or not any submissions have been made or information provided.

(3) As soon as practicable after making the determination, the Commission shall give theF277[inquiry subject]a notice in writing of the determination and the reasons for it.

(4) As soon as practicable after giving the notice undersubsection (3), the Commission shall publish the notice on a website maintained by it.

(5) The Commission may, for the purposes of publication undersubsection (4), redact any particulars from the notice which appear to the Commission—

(a) to be commercially sensitive, or

(b) to relate to the commission of an offence.]

139ZW. F278[Limitations on amount of administrative financial sanction.

139ZW.—F279[(1) In the case of a contravention falling withinparagraph (a)of the definition of "contravention" insection 139ZG—

(a) where the inquiry subject is an individual, the amount of an administrative financial sanction imposed undersection 139ZSshall not exceed €20,000,000, but shall not be such as would be likely to cause the inquiry subject to be adjudicated bankrupt, and

(b) where the inquiry subject is not an individual, the amount of an administrative financial sanction imposed undersection 139ZSshall not exceed—

(i) €20,000,000, or

(ii) if greater, 10 per cent of the relevant turnover of the inquiry subject in the financial year preceding the date of the decision undersection 139ZSto impose the sanction,

but shall not be such as would be likely to cause the inquiry subject to cease trading.]

F280[(1A) In the case of a contravention falling withinparagraph (b)or(d)of the definition of "contravention" insection 139ZG, the amount of an administrative financial sanction imposed undersection 139ZSshall not exceed 6 per cent of the turnover of the inquiry subject in the financial year preceding the date of the decision undersection 139ZSto impose the sanction.]

F281[(1AA) In the case of a contravention falling withinparagraph (ba)of the definition of "contravention" insection 139ZGthat amounts to, or is a result of, a systematic or persistent failure to comply with obligations under Article 3(3) of the Terrorist Content Online Regulation, an administrative financial sanction may be imposed undersection 139ZSof up to 4 per cent of the global turnover of the inquiry subject in the financial year preceding the date of the decision undersection 139ZSto impose the sanction.]

F280[(1B) In the case of a contravention falling withinparagraph (c)of the definition of "contravention" insection 139ZG, the amount of an administrative financial sanction imposed undersection 139ZSshall not exceed one per cent of the income or turnover of the inquiry subject in the financial year preceding the date of the decision undersection 139ZSto impose the sanction.]

(2) InF279[subsection (1)(b)(ii)],“relevant turnover”means turnoverF282[…]attributable to the service which gave rise to the contravention.

(3)F283[Other than wheresubsection (3A)applies, the Commission]shall have regard to the following matters in determining the amount of the administrative financial sanction imposed undersection 139ZS:

(a) the nature, gravity and duration of the contravention;

(b) the degree of harm to particular people or to the public caused as a result of the contravention;

(c) the extent of any failure by theF279[inquiry subject]to co-operate with an investigation, provided that acknowledgement of a contravention shall not in itself constitute grounds for reduction of a sanction;

(d) any explanation accepted by the Commission for the contravention or the failure to co-operate with an investigation;

(e) any gain (financial or otherwise) made, or any loss (financial or otherwise) avoided,F279[by the inquiry subject, or by any other person in which the inquiry subject]has a pecuniary interest or beneficial interest, as a consequence of the contravention;

(f) whether a previous decision undersection 139ZSin respect of theF279[inquiry subject]has been confirmed or made by the appropriate court (within the meaning ofsection 139ZX) undersection 139ZXor confirmed by the Circuit Court undersection 139ZY;

(g) the nature and timeliness of any steps taken by theF279[inquiry subject]to bring the contravention to an end, and any steps taken by theF279[inquiry subject]to remedy the consequences of the contravention;

(h) the absence or ineffectiveness of internal mechanisms or procedures intended to prevent such a contravention;

(i) the extent to which the contravention was contributed to by the act or omission of a third party, and the extent to which theF279[inquiry subject]took steps to identify, and mitigate the effect of, the act or omission;

(j) the extent to which the contravention was contributed to by circumstances beyond the control of theF279[inquiry subject], and the extent to which theF279[inquiry subject]took steps to identify, and mitigate the effect of, those circumstances;

(k)F279[in the case of a body corporate, the extent to which]the management of theF279[body]knew, or ought to have known, that the contravention was occurring or would occur;

(l) theF279[income or turnover]of theF279[inquiry subject]in the financial years during which the contravention occurred and the ability of theF279[inquiry subject]to pay a sanction;

F280[(la) any views communicated by the European Commission under Article 59(3) that are relevant to the amount of the sanction;]

(m) any submissions made by theF279[inquiry subject]undersection 139ZU(2)in relation to the determination of the amount of the sanction;

(n) any further information given to the Commission by theF279[inquiry subject]in response to a request undersection 139ZU(3);

(o) previous determinations under this section which have been confirmed or made by the appropriate court (within the meaning ofsection 139ZX) undersection 139ZXor confirmed by the Circuit Court undersection 139ZY.

F281[(3A) In the case of a contravention falling withinparagraph (ba)of the definition of "contravention" insection 139ZG, the Commission shall have regard to all relevant circumstances when determining the amount of the administrative financial sanction imposed undersection 139ZS, including the following:

(a) the nature, gravity and duration of the contravention;

(b) whether the contravention was intentional or negligent;

(d) the financial strength of the hosting service provider;

(e) the level of cooperation of the hosting service provider with the competent authorities designated pursuant to Article 12(1) of the Terrorist Content Online Regulation;

(f) the nature and size of the hosting service provider, in particular whether it is a micro, small or medium-sized enterprise;

(g) the degree of fault of the hosting service provider, taking into account the technical and organisational measures taken by the provider to comply with the requirements of the Terrorist Content Online Regulation.]

(4) The amount of an administrative financial sanction imposed undersection 139ZSshall—

(a) be proportionate to the nature of the contravention, and

F279[(b) be set with a view to deterring the inquiry subject, and, where the inquiry subject is aF283[a hosting service provider or a provider]of broadcasting services, audiovisual on-demand media services, designated online services or intermediary services, other such providers, from committing a contravention.]

(5)F282[…]]

139ZX. F284[Appeal against decision.

139ZX.—(1) TheF285[inquiry subject]to whom a decision undersection 139ZSrelates may, within 28 days from the date on which the notice referred to insection 139ZTis received, or wheresection 139ZVapplies, within 28 days from the date on which the notice referred to insection 139ZV(3)is received, appeal to the appropriate court against the decision.

(2)F286[…]

(3) The appropriate court may, onF285[the application of the inquiry subject], extend the period for the making of an appeal undersubsection (1), where it is satisfied that—

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

(b) the circumstances that resulted in the failure to bring an appeal within the period referred to insubsection (1)were outsideF285[the control of the inquiry subject], and

(4) In considering an appeal, the appropriate court—

(a) shall have regard to the record of the decision the subject of the appeal, and

(b) may, where it considers it necessary for the fair and proper determination of the appeal, consider any evidence adduced or submission made by theF285[inquiry subject]concerned, whether or not already adduced or made to the authorised officer or the Commission.

(5) Subject tosubsection (7), the appropriate court may, on the hearing of an appeal undersubsection (1)—

(a) confirm the decision, or

(b) subject tosubsection (6)—

(i) set aside the decision,

(ii) set aside the decision and replace it with such other decision as the court considers it just and appropriate to make, including a decision not to impose an administrative financial sanction, or a decision to impose an administrative financial sanction of a different amount, or

(iii) remit the decision for reconsideration by the Commission, subject to such directions as the court considers appropriate.

(6) A decision of the Commission may not be set aside or remitted by the appropriate court undersubsection (5)(b)for error of law or fact unless the appropriate court is satisfied that the Commission committed a serious and significant error in making the decision, or that the Commission committed a series of minor errors which, when taken together, amount to a serious and significant error.

(7) For the purposes ofsubsection (5),sections 139ZS(4)and139ZWshall apply to the appropriate court and references to the Commission in those sections shall be construed as references to the appropriate court.

(8) Where the appropriate court is the Circuit Court it may make such interim or interlocutory orders in any proceedings undersubsection (1)or(3)as it considers appropriate.

(9) The appropriate court may direct how the costs of an appeal under this section are to be borne.

(10) In this section,“appropriate court”means—

(a) where no administrative financial sanction is imposed undersection 139ZSor where the amount of any administrative financial sanction imposed does not exceed €75,000, or such other sum as stands specified in law as that court’s jurisdiction in tort, the Circuit Court, or

(b) in any other case, the High Court.]

139ZY. F287[Circuit Court confirmation of decision.

139ZY.—(1) Where theF288[inquiry subject]to whom a decision undersection 139ZSrelates does not appeal against the decision in accordance withsection 139ZX(1), the Commission shall, as soon as is practicable after the expiration of the period referred to insection 139ZX(1), and on notice to theF288[inquiry subject], make an application in a summary manner to the Circuit Court for confirmation of the decision.

(2) On the hearing of an application undersubsection (1), the Circuit Court shall confirm the decision unless it is satisfied, on the basis of the evidence that was before the Commission when making the decision—

(a) that the Commission made an error of law which is—

(i) manifest from the record of the decision, and

(ii) fundamental so as to deprive the decision of its basis,

(b) that any administrative financial sanction imposed is manifestly disproportionate.

(3) If undersubsection (2)the Circuit Court does not confirm the decision it may—

(a) annul the decision, or

(b) remit it for reconsideration by the Commission, subject to such directions as it considers appropriate.

(4)F288[The inquiry subject]may, as soon as practicable after receiving notice of the application undersubsection (1), inform the Commission in writing that it does not intend to appear at, or make submissions at, the hearing of the application.

(5) If an application to extend the period for the making of an appeal against a decision is made undersection 139ZX(3)to the High Court, the Circuit Court shall make an order staying any application undersubsection (1)for the confirmation of that decision until the High Court has made a decision undersection 139ZX(3).

(6) If the High Court makes an order undersection 139ZX(3)extending the period for the making of an appeal undersection 139ZX(1)against a decision, the Circuit Court shall make an order staying any application undersubsection (1)for the confirmation of that decision until the High Court has made a decision on the appeal undersection 139ZX(5).

(7) The Circuit Court may make such interim or interlocutory orders as it considers appropriate in any proceedings undersubsection (1).

(8) The Circuit Court may direct how the costs of an application undersubsection (1)are to be borne.]

139ZZ. F289[Treatment of amounts paid in respect of administrative financial sanctions.

139ZZ.—A payment received by the Commission of any amount due to it pursuant to a decision confirmed or made undersection 139ZXor confirmed undersection 139ZYshall be paid into, or disposed of for the benefit of, the Exchequer in such manner as the Minister for Finance may direct.]

139ZZA. F290[Reference on point of law to High Court.

139ZZA.—(1) Where a division of the Commission decides, before the making of a decision undersection 139ZS, or where a decision is made under that section to impose an administrative financial sanction, before the making of a determination undersection 139ZV(1), to refer any question of law arising underChapter 3or4to the High Court, the Commission shall refer the question.

(2) Subject tosubsection (3), no appeal shall lie to the Court of Appeal from a decision of the High Court on a reference undersubsection (1).

(3) The High Court may grant leave to appeal, 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.]

F291[Chapter 4A

139ZZAA. Daily payment penalty under section 139ZLA: appeal and confirmation.

139ZZAA.—(1) A person to whom a notice undersection 139ZLA(6)is given may, within 28 days from the date on which the notice is received, appeal to the High Court against the decision to impose the daily payment penalty.

(2)Subsections (3)to(7)and(9)ofsection 139ZXapply for the purposes of an appeal under this section as they apply for the purposes of an appeal by the inquiry subject under that section subject to the following and any other necessary modifications:

(a) references to an administrative financial sanction are references to a daily payment penalty undersection 139ZLA;

(b) references to the appropriate court are references to the High Court.

(3) Where the person to whom a notice undersection 139ZLA(6)is given does not appeal in accordance withsubsection (1)against the decision to impose a daily payment penalty, the Commission shall, as soon as is practicable after the expiration of the period referred to insubsection (1), and on notice to that person, make an application in a summary manner to the Circuit Court for confirmation of the decision.

(4)Section 139ZY(2)to(8)apply for the purposes of an application undersubsection (3)subject to the following and any other necessary modifications:

(a) the reference to an administrative financial sanction is a reference to a daily payment penalty undersection 139ZLA;

(b) references to an appeal undersection 139ZX(1)are references to an appeal undersubsection (1)of this section;

F292[Chapter 5

139ZZB. Notice to end contravention.

139ZZB.—(1) Where—

(a) the Commission has decided undersection 139ZSthat it is satisfied that a contravention has occurred, and

(b) the Commission’s decision in so far as it relates to the occurrence of the contravention is confirmed undersection 139ZXor139ZYor is replaced undersection 139ZXwith a decision to the same effect,

the Commission may, if it is of the view that the contravention is continuing, give notice in writing to theF293[the inquiry subject directing the inquiry subject]to put an end to the contravention.

(2) A notice undersubsection (1)shall state—

(a) the steps which the Commission requires theF293[inquiry subject]to take to put an end to the contravention, and

(b) the period within which those steps must be taken.

(3) A notice undersubsection (1)shall be given as soon as practicable after the date on which the decision is confirmed undersection 139ZXor139ZYor is replaced undersection 139ZXwith a decision to the same effect.

(4) AF293[person]who without reasonable excuse fails to comply with a notice undersubsection (1)shall be guilty of a category 1 offence.

(5) Where an offence has been committed undersubsection (4)F293[by a body corporate]and the offence is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of, a person who was either a director, manager, secretary or other officer of the body corporate, or a person purporting to act in such capacity, that person, as well as the body corporate, shall be guilty of an offence and shall be liable to be proceeded against and punished as if he or she were guilty of the offence committed by the body corporate.

(6) Where the affairs of a body corporate are managed by its members,subsection (5)applies in relation to the acts or defaults of a member in connection with his or her functions of management as if he or she were a director or manager of the body corporate.

(7) Any proceedings, including summary proceedings, undersubsection (5)shall not be instituted except by or with the consent of the Director of Public Prosecutions.]

139ZZBA. F294[Daily payment for failure to comply with notice to end contravention.

139ZZBA.—(1) Where the Commission gives a notice undersection 139ZZBto an intermediary service provider in respect of a contravention that is an infringement of the Digital Services Regulation, the Commission may, for the purpose of enforcing the notice, impose a penalty of a daily payment (in this section referred to as a "daily payment penalty") on the provider.

(2) Before the Commission makes a decision to impose a daily payment penalty on a provider, the Commission shall give the provider a notice in writing which—

(a) states that if the provider fails to take the steps stated undersection 139ZZB(2)(a)by a date specified in the notice under this subsection, the Commission intends to impose a daily payment penalty on the provider for each day during which the failure continues, beginning with the day following that date,

(b) states why it appears to the Commission to be necessary to impose the penalty,

(d) invites the provider to make written submissions to the Commission, regarding the matters to which the notice relates within the period specified in the notice or such further period as the Commission may allow.

(3) The date specified undersubsection (2)(a)—

(a) may not be earlier than the end of the period specified undersection 139ZZB(2)(b), and

(b) may not be earlier than the date on which the notice undersubsection (2)is given.

(4) The amount of a penalty imposed under this section shall not exceed, for each day during which the failure referred to insubsection (2)(a)continues, 5 per cent of the provider’s average daily turnover in the preceding financial year.

(5) Where the intermediary service provider fails to take the steps stated undersection 139ZZB(2)(a)by the date specified in the notice undersubsection (2), the Commission, after considering any written submissions made by the provider within the period referred to insubsection (2)(d), may—

(a) determine the daily amount of the penalty to be imposed, and the date on which it is to commence, and

(b) by notice in writing to the provider, impose the penalty.

(6) A decision of the Commission to impose a daily payment penalty under this section does not take effect unless it is confirmed on appeal undersection 139ZXor on summary application undersection 139ZY, as those sections apply in accordance withsection 139ZZBB.]

139ZZBB. F295[Daily payment penalty under section 139ZZBA: appeal and confirmation.

139ZZBB.—(1) The provider to whom a notice undersection 139ZZBA(5)is given may, within 28 days from the date on which the notice is received, appeal to the High Court against the decision to impose the daily payment penalty.

(2)Subsections (3)to(7)and(9)ofsection 139ZXapply for the purposes of an appeal by a provider under this section, as they apply for the purposes of an appeal by the inquiry subject undersubsection (1)of that section, subject to the following and any other necessary modifications:

(a) references to an administrative financial sanction are references to a daily payment penalty undersection 139ZZBA;

(b) references to the appropriate court are references to the High Court.

(3) Where the provider to whom a notice undersection 139ZZBA(5)is given does not appeal in accordance withsubsection (1)against the decision to impose a daily payment penalty, the Commission shall, as soon as is practicable after the expiration of the period referred to insubsection (1), and on notice to the provider, make an application in a summary manner to the Circuit Court for confirmation of the decision.

(4)Section 139ZY(2)to(8)apply for the purposes of an application undersubsection (3)subject to the following and any other necessary modifications:

(a) references to an appeal undersection 139ZX(1)are references to an appeal undersubsection (1)of this section;

(b) references tosection 139ZY(1)were references tosubsection (3)of this section.

F296[Chapter 6

139ZZC. Access blocking order.

139ZZC.—(1) The Commission may apply to the High Court for an order requiring an internet service provider or a provider of an application store service to block access in the State to a relevant online service or an audiovisual on-demand media service.

(2) An application to the High Court undersubsection (1)shall be made on notice—

(a) to the internet service provider or the provider of an application store service concerned, and

(b) to the provider of the relevant online service or audiovisual on‑demand media service concerned.

(3) The court may make an order requiring the blocking of access to a relevant online service if it is satisfied that the provider of the service has actual knowledge that it is making available content that falls within one of the offence-specific categories of harmful online content defined insection 139A(2)and either—

(a) where the service is a designated online service—

(i) the content is made available in contravention of an online safety code which applies to the service, and

(ii) the provider has been convicted of an offence undersection 139ZZB(4)for failure to comply with a notice to end the contravention,

(b) where the Commission has designated the service but the designation has not taken effect as notice of the designation has not been served on the provider in accordance withsection 139H(3)(a)—

(i) making available the content would be a contravention of an online safety code which the Commission intends to apply to the service, and

(ii) the failure to serve notice of the designation on the provider is due to the fault of the provider.

(4) The court may make an order requiring the blocking of access to an audiovisual on-demand media service if it is satisfied that—

(a) the provider of the service has actual knowledge that it is making anything referred to inparagraph (b),(c)or(d)ofsection 46J(1)available in a catalogue of the service, and

(b) the provider has been convicted of an offence undersection 139ZZB(4), for failure to comply with a notice to end the contravention referred to inparagraph (a).

(5) An order may be made under this section if—

(a) the application undersubsection (1)was made as soon as practicable after the provider concerned was convicted of the offence referred to insubsection (3)(a)(ii), or(4)(b), or as soon as practicable after the failure referred to insubsection (3)(b)(ii)occurred, as the case may be, and

(b) the order would not be disproportionate.

(6) The High Court may provide in an order under this section that a requirement imposed by the order is subject to such conditions as it considers necessary.

(7) The following persons may apply to the High Court to vary or discharge an order under this section in the event that there is any material change in the circumstances which gave rise to the order:

(a) the internet service provider or provider of an application store service the subject of the order;

(b) the provider of a service access to which is required to be blocked under the order.

(8) Without prejudice tosubsection (7), the High Court may, on an application under that subsection or of its own motion, discharge an order under this section if it is satisfied that—

(a) where the order was made on grounds falling withinsubsection (3)(a)(ii)or(4)(b), the provider of the service has complied with the notice to end the contravention concerned, or

(b) where the order was made on grounds falling withinsubsection (3)(b), the relevant online service, access to which is required to be blocked under the order, has been designated as a designated online service.

(9) In this section, references to a provider of an application store service blocking access to a service include references to the provider blocking the downloading of software used to provide the service or to access the service.

(10) For the purposes of this section:

“internet service provider”means a person who provides access to the internet at endpoints of the internet (including, for example, on a smartphone);

“provider of an application store service”means a person who provides a service the main purpose of which is to facilitate the download of, or access to, application software at endpoints of the internet.]

F297[Chapter 6A

139ZZCA. Further notice to end infringement of Digital Services Regulation.

139ZZCA.—(1) Where the Commission has given a notice undersection 139ZZBto an intermediary service provider in respect of a contravention that is an infringement of the Digital Services Regulation, and it appears to the Commission that—

(a) the provider has failed to comply with the notice within the period specified undersection 139ZZB(2),

(b) the contravention is continuing,

(c) the other powers of the Commission pursuant to Article 51 to put an end to the contravention have been exhausted, and

(d) the contravention is causing serious harm that cannot be avoided through the exercise of other powers,

the Commission may, by notice in writing to the provider, request the management body of the provider to consider the steps required by the notice undersection 139ZZBand to propose what steps the provider should now be required to take to put an end to the contravention, and within what period.

(2) A notice undersubsection (1)shall state the time within which the management body must comply with the request.

(3) Where the management body of a provider makes a proposal in accordance with a notice undersubsection (1), the Commission may give a further notice in writing to the provider directing the provider to put an end to the contravention referred to insubsection (1)and stating—

(a) the steps which the Commission requires the provider to take to put an end to the contravention, and

(b) the period within which those steps must be taken.

(4)Section 139ZZB(4)to(7), andsections 139ZZBAand139ZZBB, apply in relation to a notice undersubsection (3)as they apply in relation to a notice undersection 139ZZB.

(5) The giving of a notice undersubsection (3)does not affect the application ofsection 139ZZB(4)to(7),139ZZBAor139ZZBBin relation to the earlier notice undersection 139ZZB.]

139ZZCB. F298[Access blocking order in case of infringement of Digital Services Regulation.

139ZZCB.—(1) Where—

(a) the management body of an intermediary service provider fails to make a proposal in accordance with a notice undersection 139ZZCA(1),

(b) the Commission gives an intermediary service provider a notice undersubsection (3)ofsection 139ZZCA, and the period referred to inparagraph (b)of that subsection expires without the Commission being satisfied that the contravention has ended, or

(c) the European Commission makes a request to the Commission pursuant to Article 82(1) in respect of the provider of a very large online platform or very large online search engine,

the Commission may apply to the High Court for an order requiring a relevant intermediary service provider (referred to in this section as the provider of the "carrying service") to block access in the State to an intermediary service (referred to in this section as the "subject service") provided by the provider referred to inparagraph (a),(b)or(c).

(2) An application undersubsection (1)shall be made on notice to—

(a) the provider of the carrying service,

(b) the provider of the subject service, and

(3) Whereparagraph (a)ofsubsection (1)applies, the Commission shall, before making an application under that subsection, give notice in writing to the persons referred to insubsection (2)——

(a) stating that it intends to make an application undersubsection (1),

(b) setting out the order it intends to apply for and the addressees of that order, and

(c) stating that the persons to whom the notice is given may submit written observations to the Commission within a period specified in the notice of not less than 10 working days beginning with the day on which the notice is received.

(4) Where the Commission gives notice undersubsection (3), no application undersubsection (1)may be made before the end of the period specified undersubsection (3)(c).

(5) On an application undersubsection (1)the court may make an order requiring the blocking of access to the subject service if it is satisfied in relation to the relevant infringement—

(a) that the infringement is continuing,

(b) that the infringement entails a criminal offence involving a threat to the life or safety of persons,

(c) wheresubsection (1)(a)or(b)applies, that all reasonable steps for the Commission to take to put an end to the infringement have been taken, and

(d) that, having regard to the nature, gravity, recurrence and duration of the infringement, an order under this section is proportionate and will not unduly restrict access to lawful information by users of the subject service.

(6) The High Court may provide in an order under this section that a requirement imposed by the order is subject to such conditions as it considers necessary.

(7) Subject tosubsection (8), an order under this section shall have effect for a period of not more than 28 days.

(8) The High Court may provide that the Commission may with leave of the court extend the period for which an order under this section has effect for further periods of not more than 28 days, subject to the maximum number of extensions specified by the court.

(9) The Commission may make an application, in accordance withsubsection (8), for leave to extend the period for which an order under this section has effect only if, having regard to the rights and interests of all those affected by the order, it considers that—

(a) the provider has failed to take the necessary measures to put an end to the relevant infringement, and

(b) the extension will not unduly restrict access to lawful information by users of the subject service, having regard to the number of recipients affected and whether any adequate and readily accessible alternative exists.

(10) Where in relation to an order under this section—

(a) no application, or no further application, may be made in accordance withsubsection (8)for leave to extend the period for which the order has effect, but

(b) having regard to the rights and interests of all those affected by the order, the Commission considers that the conditions referred to insubsection (9)(a)and(b)are satisfied,

the Commission may make a further application undersubsection (1).

(11) The provider of the carrying service or the subject service may apply to the High Court to vary or discharge an order under this section in the event that there is any material change in the circumstances which gave rise to the order.

(12) In this section, references to the provider of the carrying service blocking access to the subject service, where the carrying service is an application store service, include references to the provider of the carrying service blocking the downloading of software used to provide the subject service or to access the subject service.

(13) In this section—

“application store service”means a service the main purpose of which is to facilitate the download of, or access to, application software at endpoints of the internet;

“relevant infringement”means—

(a) wheresubsection (1)(a)or(b)applies, the contravention referred to insection 139ZZCA(1), and

(b) wheresubsection (1)(c)applies, the infringement to which the request by the European Commission relates.]

F299[Chapter 7

139ZZD. Content limitation notice.

139ZZD.—(1) Subject tosubsection (2), where it appears to the Commission, either in the course of an investigation under this Part or otherwise, that content available on a designated online service is harmful online content, the Commission may give a notice in writing to the provider of the designated online service—

(a) where the content appears to the Commission to fall within the offence-specific category of harmful online content defined insection 139A(2), requiring the provider to remove it or to disable access to it, or

(b) in any other case, requiring the provider to remove the content, to disable access to it, or to limit the availability of it.

(2) Wheresubsection (1)applies in the course of the investigation of a suspected contravention that relates to the content concerned, the Commission—

(a) shall not issue a notice undersubsection (1)before it has made a decision undersection 139ZS, and

(b) if the decision under that section is that the contravention has occurred, shall not issue a notice undersubsection (1)before the decision, in so far as it relates to the occurrence of the contravention, is confirmed undersection 139ZXor139ZYor is replaced undersection 139ZXwith a decision to the same effect.

(3) In issuing a notice undersubsection (1), the Commission shall have regard to the following matters:

(a) the nature and the scale of the service or services provided by the provider;

(b) the technical capacity of the provider;

(d) the rights of the provider and users of the designated online service, and of the uploader of the content;

(e) the rights of persons to whom the content may pertain;

(f) the proportionality of any requirement contained in the notice, in light of the matters referred to inparagraphs (a)to(e).

(4) Where a notice undersubsection (1)requires that the availability of an item of content be limited, the notice may also, without prejudice to the generality ofsubsection (1), require one or more of the following:

(a) that the provider restrict access to the content to persons who have attained the age of 18 years, or such other age less than 18 years as the Commission may specify;

(b) that a warning or specified information be placed by the provider with the content in a way specified in the notice;

(d) that the provider ensure that prominence is not given to the content, or the content is not recommended to users of the designated online service, or to users below a specified age, including by automated means.

(5) A notice undersubsection (1)shall not impose an obligation on a provider contrary toF300[Article 8 of the Digital Services Regulation].]

139ZZE. F1[Procedure in relation to content limitation notice.

139ZZE.—(1) A notice undersection 139ZZD(1)shall—

(a) identify the content the subject of the notice,

(b) state the particular category of harmful online content undersection 139Ainto which the Commission considers that the content falls, and the reasons for that consideration,

(d) specify the action required by the Commission undersection 139ZZD(1)and the reasons for that action,

(e) where the action required by the Commission undersection 139ZZD(1)is that the availability of the content be limited, specify the nature of the limitation,

(f) identify the geographical area within which the action required by the Commission undersection 139ZZD(1)must be taken, and

(g) state that the provider, and the uploader where relevant, may make submissions in relation to the notice within such period as may be specified in the notice, which shall not be less than 28 days after the date on which the notice is issued.

(2) A provider who receives a notice undersection 139ZZD(1)shall, where the content is user-generated content, take all reasonable steps to provide a copy of that notice and a copy of this section to the uploader of the content within 2 days of receiving it.

(3) The provider shall inform the Commission of all steps taken by the provider in order to comply withsubsection (2)and the Commission may direct—

(a) that such further steps as the Commission considers necessary for the purposes of complying withsubsection (2)be taken by the provider, within such period as the Commission considers appropriate, or

(b) that no further steps are necessary.

(4) Where a provider receives a notice undersection 139ZZD(1), the provider may make submissions to the Commission in relation to the notice within the period specified in the notice, or within such further period as the Commission may allow.

(5) Where an uploader receives a copy of the notice undersubsection (2), the uploader may make submissions to the Commission in relation to the notice within the period specified in the notice, or within such further period as the Commission may allow.

(6) Submissions may be made undersubsection (4)or(5)in relation to—

(a) whether or not the content the subject of the notice is harmful online content (provided that issue has not been determined by the Commission in a decision undersection 139ZS, or by the court undersection 139ZXor139ZY), and

(b) the requirements set out in the notice.

(7) The Commission, after considering any submissions made undersubsections (4)and(5)and, having regard to the matters referred to insection 139ZZD(3), shall—

(a) confirm the notice after making such amendments, if any, as it considers necessary, and specify the period within which the provider must comply with the notice, or

(b) revoke the notice.

(8) If the Commission confirms the notice undersubsection (7)(a), it shall provide to the provider and (if applicable) the uploader a copy of the notice, or of the notice as amended, and a statement in writing—

(a) of the confirmation and the reasons for it,

(b) of the reasons for any amendment made to the notice,

(d) of the right of the provider or (if applicable) the uploader to appeal the notice in accordance withsection 139ZZF.

(9) A provider who without reasonable excuse fails to comply with a notice confirmed undersubsection (7)(a)within the period specified under that paragraph, shall be guilty of a category 3 offence.]

139ZZF. F302[Appeal.

139ZZF.—(1) The provider of a designated online service or the uploader of user‑generated content concerned may within 28 days of receipt of a notice confirmed undersection 139ZZE(7)(a), appeal to the Circuit Court against the notice.

(2) The Circuit Court, where it considers that the Commission was irrational or erroneous in its reasoning, or committed a failure to comply with fair procedures, or any other clear error of law, in the issuing of the notice referred to insubsection (1), may—

(a) set aside the notice,

(b) replace the notice with such other notice as it considers appropriate, or

139ZZG. F303[Publication of content limitation notice.

139ZZG.—(1) The Commission shall publish the following on a website maintained by it:

(a) a notice which has been confirmed undersection 139ZZE(7)(a);

(b) a notice of a decision by the Circuit Court undersection 139ZZF(2)to affirm, set aside, replace or remit a notice confirmed undersection 139ZZE(7)(a).

(2) The Commission shall publish a list of the notices referred to insubsection (1), in such form as it considers appropriate, on a website maintained by it.

(3) The Commission may redact information from a notice to be published undersubsection (1)if it appears to the Commission that—

(a) the publication of the information may prejudice an ongoing investigation under this Part by the Commission, the Garda Síochána or any other public body, or

(b) the information is personal data.

(4) Where the redaction of information undersubsection (3)would prevent the remainder of the notice, or a portion of the notice, being understood, the Commission may publish a summary in place of the notice or the portion of the notice.]

F304[Chapter 7A

139ZZGA. Compliance notice.

139ZZGA.—(1) Where a person authorised by the Commission undersubsection (2)is of the opinion that a relevant intermediary service provider has infringed a provision of the Digital Services Regulation to which this section applies, that person may direct an authorised officer to serve a notice (in this section referred to as a "compliance notice") on the provider.

(2) The Commission may authorise any Commissioner or member of its staff for the purposes ofsubsection (1).

(3) A compliance notice shall—

(a) state the contravention to which it relates,

(b) state the grounds on which the person authorised undersubsection (2)is of the opinion referred to insubsection (1),

(c) for the purpose of ensuring compliance by the provider with the provision which is the subject of the contravention, require the provider to do or refrain from doing anything specified in the notice by a date specified in the notice, and

(d) contain information regarding the bringing of an appeal undersubsection (7)against the notice, including information specifying the manner in which an appeal may be brought.

(4) An authorised officer may withdraw a compliance notice at any time.

(5) An authorised officer may amend a compliance notice by notice in writing to the provider to substitute any later date for the date for the time being specified undersubsection (3)(c)or this subsection.

(6) A date specified undersubsection (3)(c)or (5)must be later than the date by which an appeal undersubsection (7)may be brought.

(7) A provider may, not later than 14 days after the service on the provider of a compliance notice, appeal against the notice to the District Court.

(8) An appeal undersubsection (7)shall be brought in the manner specified in accordance withsubsection (3)(d).

(9) The authorised officer and the provider concerned shall be entitled to be heard and to adduce evidence at the hearing of an appeal undersubsection (7).

(10) The District Court shall, on an appeal undersubsection (7)against a compliance notice, do one of the following:

(a) affirm the notice;

(b) cancel the notice;

(11) A provider on whom a compliance notice is served, who fails to comply with the notice by the due date, shall be guilty of an offence and liable on summary conviction to a class B fine or imprisonment for a term not exceeding 6 months or both.

(12) The due date for the purposes ofsubsection (11)is:

(a) where no appeal is brought undersubsection (7), the date for the time being specified in the compliance notice in accordance withsubsection (3)(c)or(5);

(b) where an appeal against the notice is brought undersubsection (7)and the court affirms the notice, the day falling immediately after the expiration of the period of 14 days from the date on which the court affirms the notice.

(13) Nothing done under this section prevents or restricts the taking of any other action for the purpose of enforcing a provision to which this section applies.

(14) This section applies to Articles 11, 12, 13(4), 14(1), (2), (5) and (6), 15(1), 16(1), 21(1) and (4), 24(2), 25 and 26(1)(a), (b), (c) and (d).]

139ZZGB. F305[Power to enter into commitment agreement with intermediary service provider.

139ZZGB.—(1) The Commission may at any time enter into an agreement in writing with a relevant intermediary service provider under which the provider agrees to take measures that appear to the Commission to address any issue relating to compliance by the provider with the designated provisions of the Digital Services Regulation.

(2) An agreement under this section is referred to in this section as a“commitment agreement”.

(3) A commitment agreement may include provision under which the Commission agrees, subject to the terms of the agreement, not to take specified steps in relation to matters or findings addressed by the agreement.

(4) A commitment agreement, unless terminated undersubsection (5)or(6), is binding on the parties for the period specified in the agreement.

(5) A commitment agreement may be amended or terminated by the parties by agreement in writing.

(6) The Commission may terminate a commitment agreement by giving notice in writing to the provider if—

(a) the provider does not comply with the agreement, or

(b) it appears to the Commission that information provided by the provider and relied on by the Commission for the purposes of entering into the agreement was, in a material respect, incomplete, misleading or false.

(7) A provider who fails to comply with a commitment agreement may be liable to an administrative financial sanction in accordance with this Part.

F234[Chapter 8

139ZZH. Categories of offences.

139ZZH.—(1) A person guilty of an offence under this Act that is stated to be a category 1 offence shall be liable—

(a) on summary conviction, to a class A fine or imprisonment for a term not exceeding 12 months or both, or

(b) on conviction on indictment, to a fine not exceeding €500,000 or imprisonment for a term not exceeding 10 years or both.

(2) A person guilty of an offence under this Act that is stated to be a category 2 offence shall be liable—

(a) on summary conviction, to a class A fine or imprisonment for a term not exceeding 12 months or both, or

(b) on conviction on indictment, to a fine not exceeding €50,000 or imprisonment for a term not exceeding 5 years or both.

(3) A person guilty of an offence under this Act that is stated to be a category 3 offence shall be liable, on summary conviction, to a class A fine.]

139ZZI. F307[Summary prosecution and costs.

139ZZI. (1) Summary proceedings for an offence under this Act may be brought and prosecuted by the Commission.

(2) Notwithstanding (in the case of a category 3 offence)section 10(4) of thePetty Sessions (Ireland) Act 1851, summary proceedings for an offence under this Act may be instituted—

(a) at any time within 2 years from the date on which the offence was alleged to have been committed, or

(b) if, at the expiry of that period, the person against whom the proceedings are to be brought is outside the State, within 6 months of the date on which he or she next enters the State,

provided that no such proceedings shall be commenced later than 5 years from the date on which the offence concerned was alleged to have been committed.

(3) Where a person is convicted of an offence under this Act, the court may, where it is satisfied that there are good reasons for so doing, order the person to pay the costs and expenses, measured by the court, incurred by the Commission in relation to the investigation, detection and prosecution of the offence, including the costs and expenses of and incidental to an examination of any information provided to the Commission or an authorised officer.]

PART 9 Television Licence

140. Definitions (Part 9) — order — “specified place”.

140.— (1) In this Part—

“apartment” means a self-contained residential unit in a building that comprises a number of such units;

“issuing agent” has the meaning assigned to it by section 145 (1);

“officer of an issuing agent” means a person appointed as an officer of an issuing agent under section 146 (1);

“premises” means land, a vehicle, a structure of any kind whether attached or affixed to the land or not and includes a part of a building occupied as a separate dwelling whether or not the occupier with any other person shares any portion of it or any accommodation, amenity or facility in connection with it;

“prescribed” means prescribed by regulations made by the Minister;

“reminder notification” has the meaning assigned to it in section 149 (1);

“specified place” includes an apartment, holiday apartment or any individual room specified by order under subsection (2);

“television licence” means a licence granted under section 143;

“television set” means any electronic apparatus capable of receiving and exhibiting television broadcasting services broadcast for general reception (whether or not its use for that purpose is dependent on the use of anything else in conjunction with it) and any software or assembly comprising such apparatus and other apparatus;

“vehicle” means a vehicle other than a mechanically propelled vehicle (within the meaning of section 3 of the Road Traffic Act 1961) capable of being lived in being a caravan or a mobile home.

(2) The Minister may by order specify that a specified place includes individual rooms or a number of such within a premises used for commercial purposes, apart-hotel, hotel, place normally used for indoor public entertainment, licensed premises (within the meaning of section 2 of the Intoxicating Liquor Act 2003), registered club (within the meaning of section 13 of the Registration of Clubs (Ireland) Act 1904) or place of work.

141. Laying regulations and orders — Part 9.

141.— (1) Every regulation and order made under this Part shall be laid before each House of the Oireachtas as soon as may be after it is made.

(2) Either House of the Oireachtas may, within 21 sitting days after the day on which a regulation or an order was laid before it in accordance with subsection (1), pass a resolution annulling the regulation or order, as the case may be.

(3) The annulment under subsection (2) of a regulation or order takes effect immediately on the passing of the resolution concerned, but does not affect anything that was done under it before the passing of the resolution.

142. Restrictions on possession of television set.

142.— (1) Subject to the exceptions mentioned in subsection (3), a person shall not keep or have in his or her possession anywhere in the territory of the State a television set save in so far as such keeping or possession is authorised by a television licence for the time being in force.

(2) A person having possession of a television set under a television licence shall not keep such a television set otherwise than in accordance with the terms and conditions subject to which such licence is expressly, or is by virtue of this Part deemed to have been granted.

(3) This section does not apply to a television set, which is of a class or description for the time being declared by an order of the Minister to be a class or description of television set to which this section is not to apply.

143. Grant of television licences.

143.— (1) The Minister may, subject to this Part and on payment of the prescribed fee (if any) grant to any person a licence (“television licence”) to keep and have possession of a television set in a premises or specified place in the territory of the State.

(2) Every television licence shall be in such form, continue in force for such period, and be subject to such conditions and restrictions (including conditions as to suspension and revocation) as prescribed in regulations made under section 144.

(3) On the passing of this Act section 5 of the Act of 1926 does not apply to television sets.

(4) All licences for the keeping and possession of a television set (within the meaning of section 1 of the Act of 1972) which were granted under section 5 of the Act of 1926 and are in force on the passing of this Act continue in force for the remainder of their period of validity and are deemed to have been granted under this section and this Part applies to all such licences accordingly.

144. Regulations in regard to television licences.

144.— (1) The Minister may make regulations prescribing in relation to all television licences or any particular class or classes of television licences in respect of premises or specified places generally or different classes of such, all or any of the matters following, that is to say:

(a) the form of a licence,

(b) the period during which a licence continues in force,

(d) the circumstances in which or the terms under which the licence is granted,

(e) the terms and conditions to be observed by the holder of a licence and subject to which the licence is deemed to be granted,

(f) the circumstances and manner in which a licence may be amended, suspended or revoked by the Minister,

(g) the fees to be paid on the grant or renewal of a licence, including any discount of fees, and the time and manner at and in which such fees are to be paid, and

(h) matters which a licence does not entitle or authorise the licence holder to do.

(2) Where regulations are made under this section prescribing fees to be paid on the grant of a television licence, different fees may be prescribed in respect of licences granted in relation to different classes of premises or specified places and the number of television sets kept in the premises or specified place to which the television licence relates.

(3) No regulation shall be made under this section in relation to fees without the previous consent of the Minister for Finance.

(4) On the passing of this Act section 6 of the Act of 1926 does not apply in relation to television licences and any regulations made under that section before such passing and which are in force on such passing in relation to television licences continue as if made under this section.

145. Issue of television licences by agent.

145.— (1) In this section “issuing agent” means An Post or another person designated by the Minister under subsection (3).

(2) Subject to subsection (12), an issuing agent may, on payment of the appropriate licence fee, issue on behalf of the Minister a television licence in accordance with this Part.

(3) The Minister may by order designate a person other than An Post to be an issuing agent for the purposes of this section other than subsection (12).

(4) An issuing agent may—

(a) collect fees in respect of television licences, and

(b) identify persons who have television sets not authorised by a licence for the time being in force,

on such terms and conditions as the Minister may decide.

(5) Summary proceedings may be brought and prosecuted by an issuing agent for an offence under section 147 (3) or148.

(6) An issuing agent shall maintain and furnish such data and information, and in such format (including electronic formats), as the Minister may require in relation to the exercise of powers conferred on the issuing agent under this Part.

(7) An issuing agent shall pay to the Minister such amounts arising in relation to the collection by the issuing agent of fees due in respect of the issue of television licences.

(8) An issuing agent shall pay to the Minister promptly the amounts collected by the issuing agent in respect of the issue of television licences.

(9) The Minister shall pay to an issuing agent an appropriate sum in respect of work done by the issuing agent in the exercise of powers conferred on the issuing agent under this Part.

(10) The appropriate sum payable by the Minister to an issuing agent and the manner in which and the intervals at which it is to be paid shall be decided by the Minister after consultation with the issuing agent.

(11) An issuing agent may, with the consent of the Minister, appoint a sub-agent to perform any acts and exercise any powers (other than subsection (5)) authorised by this Part to be performed or exercised by the issuing agent.

(12) The Department of Social and Family Affairs may issue on behalf of the Minister a television licence to a person who, in accordance with the scheme administered by the Minister for Social and Family Affairs known as a Free Television Licence or any scheme amending or replacing that scheme, is entitled to a television licence under that scheme.

(13) The Department of Social and Family Affairs may, with the consent of the Minister, appoint an agent to issue a television licence for the purposes of subsection (12).

(14) Anything commenced before the passing of this Act by or under the authority of the Minister may, in so far as it relates to the functions under this section, be carried on or completed on or after such commencement by an issuing agent.

(15) (a) The Department of Social Protection shall pay to the Minister such an amount as is determined by the Minister, in consultation with the Minister for Public Expenditure and Reform and the Minister for Social Protection, in respect of each licence (if any) issued in accordance with the scheme referred to in subsection (12).

(b) In making a determination for the purposes of paragraph (a), the Minister shall have regard to the ability of RTÉ and TG4 to meet their public service objects.

(16) The Department of Social Protection shall maintain and furnish such data and information, and in such format (including electronic formats), as the Minister, following consultation with the Minister for Social Protection, may require in relation to the exercise of powers conferred on the Department of Social Protection under this Part.

146. Request to show television licence.

146.— (1) An issuing agent may appoint persons to be officers of the issuing agent for the purposes of this Part.

(2) A person appointed under subsection (1) shall, on his or her appointment be furnished by the issuing agent with a certificate of his or her appointment and when exercising a power conferred by subsection (3) shall, if requested by any person thereby affected, produce such certificate to that person for inspection.

(3) An officer of an issuing agent may enter at any reasonable time any premises or specified place for the purposes of ascertaining whether there is a television set there and a television licence is for the time being in force in respect of the premises or specified place authorising the keeping of a television set at the premises or specified place.

(4) An officer of an issuing agent may request any person on the premises or at the place where he or she finds a television set or evidence of such to produce the television licence for the time being in force in respect of the premises or specified place for inspection by the officer.

147. Statutory declaration.

147.— (1) An officer of an issuing agent may, if and whenever he or she thinks proper so to do, cause a special notice in writing (accompanied by or having annexed to it a form of declaration) to be given personally to, or be served by registered post on, any person requiring that person, within 28 days after the service of the notice on him or her—

(a) to state on the form of declaration such one or more of the matters mentioned below as specified in the notice,

(b) to sign and otherwise complete the declaration, and

(2) The matters which a person may be required under this section to state in a declaration are—

(a) whether he or she does or does not keep or has or has not in his or her possession a television set,

(b) if he or she keeps or has in his or her possession a television set, the premises or specified place at which he or she keeps or has the same,

(d) if he or she has such a licence, the number, date or other identifying information in respect of such licence, and

(e) any other matter relating to the possession of a television set or any apparatus used in conjunction with it.

(3) Every person on whom a notice is duly served under this section shall within the time mentioned duly and correctly complete in accordance with the notice and this section the form of declaration accompanying or annexed to the notice and give or send the declaration to the officer named in that behalf in the notice. If the person makes in it any statement which is to his or her knowledge false or misleading he or she commits an offence and is liable on summary conviction to a fine not exceeding €1,000.

(4) Where a person fails or neglects, within 28 days of service, to duly complete the form of declaration accompanied or annexed to a notice given or sent to him, it shall be presumed, unless the contrary is shown, that he or she keeps or has possession of a television set at the premises or specified place to which the notice relates and a television licence is not in force in relation to the premises or specified place authorising the keeping or having possession of a television set at the premises or specified place.

(5) On the passing of this Act section 7 of the Act of 1926 does not apply to television sets.

148. Offences for not having television licence.

148.— A person who keeps, has in his or her possession or uses a television set in contravention of section 142 commits an offence and is liable on summary conviction—

(a) in the case of a first such offence, to a fine not exceeding €1,000, and

(b) in the case of a second or subsequent such offence, to a fine not exceeding €2,000.

149. Reminder notification and fixed payment notice.

149.— (1) An officer of the issuing agent may, if and whenever he or she thinks proper so to do, send by post or deliver personally a notification in writing (“reminder notification”) to any person whom he or she believes to keep or be in possession of a television set at a premises or specified place other than in accordance with a television licence pointing out the requirements of section 142.

(2) Where an officer of an issuing agent has reasonable grounds for believing that a person is committing or has committed an offence under section 148 he or she may, subject to subsection (4), serve the person personally or by post with a notice (“fixed payment notice”) in the prescribed form, stating that—

(a) the person is alleged to have committed the offence, and

(b) the person may during the period of 21 days beginning on the date of the notice make to the issuing agent at the address specified in the notice a payment of the appropriate amount specified in the notice, and accompanied by the notice and evidence of having obtained a television licence in respect of a premises or specified place to which the notice relates, and

(c) a prosecution in respect of the alleged offence shall not be instituted during the period specified in the notice, and—

(i) if the payment specified in the notice is made during that period, and

(ii) evidence of having obtained a valid television licence in respect of a specified premises or place to which the notice relates is given,

no prosecution in respect of the alleged offence shall be instituted.

(3) Where notice is given under subsection (2)—

(a) the person to whom the notice applies may, during the period specified in the notice, make to the issuing agent at the address specified in the notice the payment specified in the notice accompanied by the notice and evidence of having obtained a television licence in respect of a premises or specified place to which the notice relates,

(b) the issuing agent specified in the notice may receive the payment, issue a receipt for it and retain the money paid, and any payment received shall not be recoverable by the person who made it, and

(i) if the payment specified is made during that period, and

(ii) evidence of having obtained a valid television licence in respect of a specified premises or place to which the notice relates is given,

no prosecution in respect of the alleged offence shall be instituted.

(4) A fixed payment notice shall not be served on the person unless at least 2 reminder notifications have issued to the person and until—

(a) a period of 28 days has elapsed since the issue of the first reminder notification, and

(b) subsequent to that period, a period of 28 days has elapsed since the issue of the second reminder notification.

(5) Any payment made to the issuing agent underparagraph (a) of subsection (3) shall be paid into or disposed of for the benefit of the Exchequer in such manner as the Minister for Finance may direct.

(6) In a prosecution for an offence under section 148 the onus of proving that a payment pursuant to a notice under this section has been made lies on the defendant.

(7) In this section “the appropriate amount” means—

(a) an amount being one third of the amount of the television licence fee rounded down to the nearest whole euro amount, or

(b) where that amount is greater than one third of the maximum amount of the fine to which the person is liable on summary conviction under section 148, such amount being not more than one third of the amount of that fine as prescribed and different amounts may be prescribed in respect of different classes of television licences.

150. Reminder notification — effective date of television licence and recovery of licence fees.

150.— (1) Where a person has received a first reminder notification and the person—

(a) has held a television licence, within the 12 month period previous to the reminder notification, in respect of keeping or possessing a television set at the premises or place to which the notification relates, any renewal of the licence takes effect from the expiration of the previous licence, unless the person can satisfy the issuing agent that he or she was not in possession of a television set at the premises or place during the material time after the expiration of the previous licence, or

(b) has not held such a licence, any television licence obtained by the person to keep or have possession of a television set at the premises or place takes effect from the date of the notification or such later date as the issuing agent may decide.

(2) Where a person having received a first reminder notification obtains a television licence after the notification, which is not in accordance with subsection (1), to keep and have possession of a television set at the premises or place specified in the notification, the licence is deemed to have effect from the date of expiration of the previous licence or the first notification or such later date as the issuing agent may decide, as the case may be. The issuing agent may alter accordingly any licence so obtained.

(3) An issuing agent may recover, as a simple contract debt in any court of competent jurisdiction, any fee owing by a person in respect of a television licence which has not been obtained by the person to keep or possess a television set at a specified premises or place at any material time.

151. Prosecution of offences.

151.— (1) Summary proceedings for an offence under this Part may be brought by the Minister or the issuing agent concerned.

(2) In a prosecution for an offence under section 148 in which it is shown that a television set was in a particular premises or specified place on a particular day, it shall be presumed, until the contrary is shown by the defendant, that on that day the television set was in the possession of the person who was then the occupier of the premises or specified place.

(3) In a prosecution for an offence under section 148 in which it appears that a person kept or had in his or her possession a television set at the time to which the prosecution relates, it shall be presumed, until the contrary is shown by the defendant, that he or she did not at such time hold a television licence then having effect and licensing him or her to keep or have in his or her possession the television set to which the prosecution relates.

(4) In a prosecution for an offence under section 148 in which it is shown that a notice under section 147 has been sent by registered post it shall be presumed, until the contrary is shown by the defendant, that the person to whom the notice was so sent has not complied with the requirements of that section.

(5) In this section “occupier” in relation to premises, means a person who as owner, tenant or otherwise is in occupation, whether solely, jointly or severally, of the premises.

(6) Where an offence under this Part which has been committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a director, manager, secretary or other similar officer of the body corporate, or any person who was purporting to act in any such capacity, he or she, as well as the body corporate, commits that offence and is liable to be proceeded against accordingly.

152. Miscellaneous amendments.

152.— (1) Section 9 of the Act of 1988 is amended in subsection (5) by substituting for the definition of “television set” the following:

“ ‘television set’ has the meaning assigned to it by section 140 of the Broadcasting Act 2009.”.

(2) Section 2(1) of the Communications Regulation Act 2002 is amended by substituting for the definition of “television set” the following:

“ ‘television set’ has the meaning assigned to it by section140 of the Broadcasting Act 2009;”.

PART 10 Broadcasting Fund

153. Definitions (Part 10).

153.— In this Part—

“appropriate network provider” means a body referred to in section 77(1);

“free television service” means a television broadcasting service for the reception of which no charge is made by the person providing the service, and reception of which is available to at least 90 per cent of the population of the State;

“programme material” means audio-visual or audio material, including advertising and similar material, which was broadcast in whole or in part or was recorded for broadcast, and includes stills and photographs produced from such material or in the context of the recording of such material;

“scheme” means a scheme prepared under section 154.

154. Broadcasting funding scheme.

154.— (1) The Authority shall prepare and submit to the Minister for his or her approval a scheme or a number of schemes for the granting of funds to support all or any of the following—

(a) new television or sound broadcasting programmes including feature films, animation and drama on Irish culture, heritage and experience, including—

(i) history (including history relating to particular areas, groups or aspects of experience, activity or influence),

(ii) historical buildings,

(iii) the natural environment,

(iv) folk, rural and vernacular heritage,

(v) traditional and contemporary arts,

(vi) the Irish language, and

(vii) the Irish experience in European and international contexts,

(b) new television or sound broadcasting programmes to improve adult or media literacy,

(c) new television or sound broadcasting programmes which raise public awareness and understanding of global issues impacting on the State and countries other than the State,

(d) programmes under paragraphs (a), (b)and(c)in the Irishlanguage,

F311[(e) the development of archiving of programme material for all or any of the descriptions of programme specified in paragraphs (a), (b), (c), (d) and (f), including technological and system developments for the purposes of enhancing the availability of and access to archived programme material, and]

(f) such ancillary measures as are necessary to support schemes prepared under paragraphs (a), (b), (c) or (d).

(2) A scheme—

(a) may only fund television programmes under subsection (1) which are broadcast—

(i) on a free television service which provides near universal coverage in the State, or

(ii) on an appropriate network provider F312[…] as part of a community content provision contract under section 72,

and which, other than in the case of programmes for children or educational programmes or programmes in the Irish language broadcast by commercial and community broadcasters, are broadcast during peak viewing times,

(b) may only fund sound broadcasting programmes under subsection (1) which are carried on sound broadcasting services under a contract made by the Authority or operated by RTÉ and which, other than in the case of programmes for children or educational programmes or programmes in the Irish language broadcast by commercial and community broadcasters, are broadcast during peak listening times,

(c) may provide funding for projects relating to matters such as research, needs assessments, analyses, feasibility studies and pilot projects in relation to subsection (1) (e), including such projects undertaken by or on behalf of the Minister, and

(d) may not provide funding for programmes which are produced primarily for news or current affairs.

(3) A scheme may provide—

(a) for the making of applications by persons for funding under a scheme,

(b) general terms and conditions of funding, or

(i) particular classes of television or sound broadcasting programmes referred to in subsection (1) including but not limited to programmes of a specified nature or subject matter, or broadcast by means of a particular medium (including media of a local or regional nature such as local or community television or radio), or

(ii) particular classes of projects referred to in subsection (1) (e).

(4) The Authority may attach to any particular funding under a scheme such particular terms or conditions as it considers appropriate in the circumstances.

(5) The Authority in preparing a scheme, may have regard to the developmental needs of community broadcasters.

(6) The Authority, in preparing a scheme, shall have regard to the understanding and enjoyment of television programmes under the scheme by persons who are deaf or hard of hearing.

(7) The Minister may direct the Authority—

(a) to prepare and submit to him or her a scheme relating to any matter in subsection (1), or

(b) to amend or revoke a scheme.

The Authority shall comply with the direction.

(8) Any amendment or revocation of a scheme shall be submitted by the Authority to the Minister for his or her approval.

(9) A scheme shall, if approved of by the Minister, be—

(a) published (including publication by electronic means capable of being read in legible form), and

(b) carried out in accordance with its terms,

by the Authority.

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

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

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

(11) F313[…]

155. Objectives of scheme.

155.— (1) The objectives of a scheme in relation to programmes referred to in section 154 (1) (a) are to—

(a) develop high quality programmes based on Irish culture, heritage and experience,

(b) develop these programmes in the Irish language,

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