Legalize / Ireland / Act

Broadcasting Act 2009

Type Act

Publication 2009-07-12

Last updated 2026-06-12

State Partially repealed

Text Latest available text

Source Irish Statute Book

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articles 316

This is the most recent text the official source publishes. It is not a snapshot of the law as it stood on the date of each change.

36 amending acts · 2026-06-12, revised-IE-2009-act-18@2026-06-12

Act to revise the law relating to broadcasting services and content and for that purpose to establish an authority to be known as, in the English language, The Broadcasting Authority of Ireland or, in the Irish language, Údarás Craolacháin na hÉireann, to dissolve the Broadcasting Commission of Ireland and the Broadcasting Complaints Commission, to amend and repeal certain enactments relating to broadcasting, to provide for matters relating to television licences, to provide for the regulation and provision of telecommunications services and to provide for connected matters

Reform history JSON API

“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 Access blocking order where Digital Services Regulation infringed

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

139ZZCA.— (1) Where the Commission has given a notice under section 139ZZB to 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 under section 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 under section 139ZZB and 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 under subsection (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 under subsection (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 in subsection (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), and sections 139ZZBA and 139ZZBB, apply in relation to a notice under subsection (3) as they apply in relation to a notice under section 139ZZB.

(5) The giving of a notice under subsection (3) does not affect the application of section 139ZZB(4) to (7), 139ZZBA or 139ZZBB in relation to the earlier notice under section 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 under section 139ZZCA(1),

(b) the Commission gives an intermediary service provider a notice under subsection (3) of section 139ZZCA, and the period referred to in paragraph (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 in paragraph (a), (b) or (c).

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

(a) the provider of the carrying service,

(b) the provider of the subject service, and

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

(a) stating that it intends to make an application under subsection (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 under subsection (3), no application under subsection (1) may be made before the end of the period specified under subsection (3)(c).

(5) On an application under subsection (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) where subsection (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 to subsection (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 with subsection (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 with subsection (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 in subsection (9)(a) and (b) are satisfied,

the Commission may make a further application under subsection (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) where subsection (1)(a) or (b) applies, the contravention referred to in section 139ZZCA(1), and

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

F299[Chapter 7 Content limitation notice

139ZZD. Content limitation notice.

139ZZD.— (1) Subject to subsection (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 in section 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) Where subsection (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 under subsection (1) before it has made a decision under section 139ZS, and

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

(3) In issuing a notice under subsection (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 in paragraphs (a) to (e).

(4) Where a notice under subsection (1) requires that the availability of an item of content be limited, the notice may also, without prejudice to the generality of subsection (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 under subsection (1) shall not impose an obligation on a provider contrary to F300[Article 8 of the Digital Services Regulation].]

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

139ZZE.— (1) A notice under section 139ZZD(1) shall—

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

(b) state the particular category of harmful online content under section 139A into which the Commission considers that the content falls, and the reasons for that consideration,

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

(e) where the action required by the Commission under section 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 under section 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 under section 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 with subsection (2) and the Commission may direct—

(a) that such further steps as the Commission considers necessary for the purposes of complying with subsection (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 under section 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 under subsection (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 under subsection (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 under section 139ZS, or by the court under section 139ZX or 139ZY), and

(b) the requirements set out in the notice.

(7) The Commission, after considering any submissions made under subsections (4) and (5) and, having regard to the matters referred to in section 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 under subsection (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 with section 139ZZF.

(9) A provider who without reasonable excuse fails to comply with a notice confirmed under subsection (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 under section 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 in subsection (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 under section 139ZZE(7)(a);

(b) a notice of a decision by the Circuit Court under section 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 in subsection (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 under subsection (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 under subsection (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 Other enforcement measures

139ZZGA. Compliance notice.

139ZZGA.— (1) Where a person authorised by the Commission under subsection (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 of subsection (1).

(3) A compliance notice shall—

(a) state the contravention to which it relates,

(b) state the grounds on which the person authorised under subsection (2) is of the opinion referred to in subsection (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 under subsection (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 under subsection (3)(c) or this subsection.

(6) A date specified under subsection (3)(c) or (5) must be later than the date by which an appeal under subsection (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 under subsection (7) shall be brought in the manner specified in accordance with subsection (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 under subsection (7).

(10) The District Court shall, on an appeal under subsection (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 of subsection (11) is:

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

(b) where an appeal against the notice is brought under subsection (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 under subsection (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 Offences

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 the Petty 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) or 148.

(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 under paragraph (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 section 140 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 Irish language,

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,

(d) represent the diversity of Irish culture and heritage,

(e) record oral Irish heritage and aspects of Irish heritage which are disappearing, under threat, or have not been previously recorded, and

(f) develop local and community broadcasting.

(2) The objective of a scheme in relation to the development of archiving of programme material produced in the State referred to in section 154 (1) (e) is to develop an integrated approach to the archiving of programme material, including the development of suitable storage processes and formats and the accessing of material by interested parties and reflecting the obligations of the Authority as set out in subsections (6), (7), (8) and (9) of section 69.

(3) The Authority, in preparing a scheme and in considering applications for funding, shall have regard to the objectives of a scheme.

155A. F314[Scheme for professional journalistic practices in local sound broadcasting and community broadcasting.

155A.— ...]

156. Amounts to be paid by Minister to scheme.

156.— (1) In this section “net receipts” in relation to the receipt of television licence fees, means the total receipts less any expenses in respect of those receipts certified by the Minister as having been incurred by him or her in that year in relation to the collection of the fees.

(2) The Minister, with the approval of the Minister for Finance, may pay to the Authority out of monies provided by the Oireachtas for the purposes of grants under a scheme and any administration of or reasonable expenses relating to a scheme, in respect of each financial year, an amount being equal to 7 per cent of net receipts in that year in respect of television licence fees.

(3) The Minister, with the approval of the Minister for Finance, may from time to time pay to the Authority out of monies provided by the Oireachtas such an amount as he or she determines to be reasonable for the purposes of grants under a scheme and any administration of or reasonable expenses relating to a scheme.

157. Broadcasting fund.

157.— (1) The Authority shall F315[continue to maintain] a fund which shall be known as the Broadcasting Fund and is referred to in this Part as the “Fund”.

(2) The Fund shall be managed and controlled by the Authority and shall consist of a current account (“current account”) and an investment account (“investment account”).

(3) There shall be paid into the current account all monies paid to the Authority under section 156 (2) and (3) and there shall be paid out of the current account all monies in respect of expenditure by the Authority for the purposes of grants under, and any administration of or reasonable expenses relating to, a scheme duly approved under section 154.

(4) Monies standing to the credit of the current account and not required to meet current liabilities shall be paid into the investment account of the Fund.

(5) Whenever the monies in the current account of the Fund are not sufficient to meet the current liabilities of that account, there shall be paid into that account from the investment account of the Fund such monies as are necessary to meet those liabilities.

(6) Monies in the investment account of the Fund that are not required to meet current and prospective liabilities of that account shall be invested and the investments shall be realised or varied from time to time as occasion requires and the proceeds of any such realisation, and any income received in respect of monies invested under this subsection, shall be paid into the investment account of the Fund or invested under this subsection.

(7) The costs of administration of the Fund incurred by the Authority shall be defrayed from the resources of the Fund.

(8) The Authority shall keep all proper and usual accounts of all monies paid into the Fund and of all disbursements from the Fund including an income and expenditure account, cash-flow statement and balance sheet.

(9) As soon as may be after the end of each financial year of the Authority, the Authority shall submit the accounts of the Fund to the Comptroller and Auditor General for audit and the Minister shall cause a copy of an abstract of the accounts as so audited together with a copy of the report of the Comptroller and Auditor General thereon to be laid before each House of the Oireachtas.

(10) As soon as may be, but not later than 3 months, after the end of each financial year of the Authority, the Authority shall make a report, in such a manner as the Minister may direct, to the Minister with respect to the operation by it of the Fund during that financial year and the Minister shall cause copies of the report to be laid before each House of the Oireachtas.

158. Reviews of scheme.

158.— (1) The Authority shall review the operation, effectiveness and impact of a scheme not later than 3 years from the passing of this Act, and every 3 years thereafter, or at such other time as may be requested by the Minister, and make a written report to the Minister on the review.

(2) A copy of a report under subsection (1) 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.

(3) The Minister shall publish (including publication by electronic means capable of being read in legible form) a report made to him or her under subsection (1).

159. Winding-up and dissolution of scheme.

159.— (1) The Minister may, with the consent of the Minister for Finance, direct the Authority to wind-up, where there is only one scheme, the scheme or, where there is more than one scheme, all schemes, and the Fund established under section 157 and to pay to the Minister any monies remaining in respect of the Fund. The Minister shall pay to RTÉ any such monies paid to him or her.

(2) Where the Minister directs that the scheme or all schemes, as the case may be, and the Fund be wound up in accordance with subsection (1), he or she shall upon being satisfied that the scheme has or the schemes have and the Fund has been wound up in accordance with that subsection, by order (in this section referred to as a “dissolution order”) dissolve the scheme or schemes and the Fund.

(3) Upon the commencement of a dissolution order no further scheme may be made under section 154.

(4)
(a) A dissolution order shall be laid before each of the Houses of the Oireachtas as soon as practicable after it is made.

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

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

F318[PART 10A European works

159A. Interpretation of European works.

159A.— (1) For the purposes of this Act, subject to subsections (2) and (3), the following are European works:

(a) works originating in Member States;

(b) works originating in third countries that are European states party to the European Convention on Transfrontier Television of the Council of Europe done at Strasbourg on 5 May 1989;

(c) works that do not fall within paragraph (a) or (b), that are co‑produced within the framework of agreements related to the audiovisual sector concluded between the European Union and third countries, and that fulfil the conditions defined in those agreements;

(d) works that do not fall within paragraph (a), (b) or (c), and that are co-produced within the framework of bilateral co-production agreements concluded between Member States and third countries, provided that—

(i) the co-producers from the Member States supply a majority share of the total cost of production, and

(ii) the production is not controlled by one or more co-producers established in a third country.

(2) Subsection (1)(b) and (c) do not apply in the case of a third country if works originating in Member States are the subject of discriminatory measures in that country.

(3) A work falls within paragraph (a) or (b) of subsection (1) only if it is mainly made with authors and workers residing in one or more of the states referred to in those paragraphs and meets one of the conditions in subsections (4) to (6).

(4) The first condition is that the work is made by one or more producers established in one or more of those states.

(5) The second condition is that the production of the work is supervised and controlled by one or more producers established in one or more of those states.

(6) The third condition is that there are co-producers, including one or more established outside those states, but—

(a) the contribution of co-producers established in those states to the total co-production costs is preponderant, and

(b) the co-production is not controlled by one or more co-producers established outside those states.

(7) In this section, “third country” means a state other than a Member State.]

159B.— (1) A media service provider under the jurisdiction of the State shall not provide an audiovisual on-demand media service with a catalogue in which the share of European works is less than 30 per cent.

(2) Subsection (1) does not apply to—

(a) a media service provider with a low turnover or low audience, or

(b) a service exempted by rules under section 159I.

(3) The Commission shall make rules for determining—

(a) for the purposes of subsection (1), whether an audiovisual on‑demand media service has a catalogue in which the share of European works is less than 30 per cent, and

(b) for the purposes of subsection (2)(a), whether a media service provider has a low turnover or low audience.

(4) In making rules under subsection (3), the Commission shall have regard to—

(a) any guidelines issued by the European Commission in accordance with Article 13(7) of the Directive, and

(b) any relevant reports produced by the F320[European Board for Media Services established under Article 8 of EMFA].

(5) In making rules under subsection (3)(b), the Commission shall have regard to any relevant characteristics of the market in which a media service provider under the jurisdiction of the State provides an audiovisual on-demand media service, including—

(a) the turnover of the provider from the service in the market, as a proportion of the total turnover of providers of audiovisual on‑demand media services from those services in the market, and

(b) the number of audience members of the service in the market, as a proportion of the total number of audience members for audiovisual on-demand media services in the market.

(6) The Commission may make rules prescribing records a provider must keep and any other action a provider must take to enable compliance with the requirement in subsection (1) to be assessed.

(7) A failure to comply with subsection (1) or any rules made under subsection (6) is a contravention for the purposes of Part 8B.]

159C. F321[Prominence of European works.

159C.— (1) A media service provider under the jurisdiction of the State which provides an audiovisual on-demand media service shall take any steps required by rules under this section to ensure prominence of European works in any catalogue of that service.

(2) Subsection (1) does not apply to—

(a) a media service provider with a low turnover or low audience, or

(b) a service exempted by rules under section 159I.

(3) The Commission shall make rules setting out the steps that media service providers must take for the purposes of subsection (1).

(4) Without prejudice to the generality of subsection (3), the steps required by the rules referred to in subsection (3) may relate to:

(a) the visibility and presentation of European works within a catalogue;

(b) the inclusion of information in a catalogue in relation to whether or not a work is a European work, and the placement of that information;

(d) references to European works in advertising for the service;

(e) the promotion of minimum percentages of European works within a catalogue to the audience of the service, and the means to be used for such promotion.

(5) In making rules under subsection (3), the Commission shall have regard to—

(a) the objective of cultural diversity,

(b) the desirability of providing European works to the widest possible audience,

(d) developments in audiovisual on-demand media service markets, and

(e) any relevant reports produced by the F322[European Board for Media Services established under Article 8 of EMFA].

(6) The Commission may make rules prescribing records a provider must keep and any other action a provider must take to enable compliance with the requirement in subsection (1) to be assessed.

(7) Rules made under section 159B(3)(b) shall apply for the purposes of subsection (2)(a).

(8) A failure to comply with subsection (1) or any rules made under subsection (3) or (6), is a contravention for the purposes of Part 8B.]

159D.

F323[Reporting.

159D.— (1) The Commission shall report to the Minister annually on the operation of sections 159B and 159C.

(2) The Minister may specify the form and contents of a report referred to in subsection (1).]

159E. F324[European works levy.

159E.— (1) The Commission may, for the purposes of funding a scheme made under section 159F, make an order imposing a levy on the media service providers referred to in subsection (2), or on any class of those providers.

(2) The providers mentioned in subsection (1) are media service providers and—

(a) are under the jurisdiction of the State, or

(b) target audiences in the State and are established in another Member State in accordance with section 2A(2).

(3) A levy order may provide for the collection, payment and administration of a levy, including:

(a) the method of calculation of the levy;

(b) the period in respect of which the levy is imposed;

(d) the records which a provider must keep and make available to the Commission;

(e) exemptions from the levy, deferrals of payment of the levy or refunds of the levy;

(f) the consideration of applications by providers for review of decisions under the order.

(4) In the case of a media service provider that is under the jurisdiction of the State and targets audiences in another Member State, the method of calculation of a levy shall take into account any financial contribution imposed on the provider by that Member State.

(5) In the case of a media service provider which targets audiences in the State and is established in another Member State in accordance with section 2A(2)—

(a) the method of calculation of a levy shall be based on the revenue earned by the provider in the State from any audiovisual media service which it provides there, and

(b) the levy shall be proportionate and non-discriminatory.

(6) A levy shall not apply to a media service provider—

(a) with a low audience or a low turnover, in accordance with any rules made under section 159B(3)(b), or

(b) in respect of a service exempted under any rules made under section 159I.

(7) Where a levy imposed on a media service provider remains unpaid, in whole or in part, the levy or part of the levy may be recovered by the Commission as a simple contract debt in any court of competent jurisdiction.

(8) In this section and section 159F—

“levy”means a levy imposed by a levy order;

“levy order”means an order made under subsection (1).]

159F. F325[European works scheme.

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