Number 18 of 2009 BROADCASTING ACT 2009 REVISED Updated to 14 July 2021 This revised Act is an administrative consolidation of the Broadcasting Act 2009. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law. All Acts up to and including the Sale of Tickets (Cultural, Entertainment, Recreational and Sporting Events) Act 2021 (21/2021), enacted 14 July 2021, and all statutory instruments up to and including the Broadcasting (Transfer of Departmental Administration and Ministerial Functions) Order 2021 (S.I. No. 402 of 2021), made 14 July 2021, were considered in the preparation of this Revised Act. Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to [email protected]. Number 18 of 2009 BROADCASTING ACT 2009 REVISED Updated to 14 July 2021 Introduction This revision presents the text of the Act as it has been amended since enactment, and preserves the format in which it was first passed. Related legislation Broadcasting (Offences) Acts 1968 to 2009: this Act is one of a group of Acts included in this collective citation, to be construed together as one (Broadcasting Act 2009 (18/2009), s. 180(2)). The Acts in this group are: • Broadcasting (Offences) Act 1968 (35/1968) • Broadcasting and Wireless Telegraphy Act 1988 (19/1988), other than ss. 2, 9, 10, 11, 12, 16, 17 and 19 • Broadcasting Act 1990 (24/1990), ss. 9 to 16 • Broadcasting Act 2009 (18/2009), ss. 181(8), (10) and (11) Wireless Telegraphy Acts 1926 to 2009: this Act is one of a group of Acts included in this collective citation, to be construed together as one (Broadcasting Act 2009 (18/2009), s. 180(1)). The Acts in this group are: • Wireless Telegraphy Act 1926 (45/1926) • Broadcasting Authority Act 1960 (10/1960), in so far as it amends the Wireless Telegraphy Acts 1926 and 1956 • Wireless Telegraphy Act 1972 (5/1972) • Broadcasting and Wireless Telegraphy Act 1988 (19/1988), ss. 2, 9, 10, 11, 12, 14, 15, 16, 17 and 19 • Broadcasting Act 2009 (18/2009), ss. 181(1) to (7) and (9), 182 Acts previously included in the group but now repealed are: • Wireless Telegraphy Act 1956 (4/1956) • Broadcasting Authority (Amendment) Act 1964 (4/1964), in so far as it amends the Wireless Telegraphy Acts 1926 and 1956 • Broadcasting Authority (Amendment) Act 1966 (7/1966), in so far as it amends the Wireless Telegraphy Acts 1926 and 1956 • Broadcasting Authority (Amendment) Act 1971 (2/1971), in so far as it amends the Wireless Telegraphy Acts 1926 and 1956 i Annotations This revised Act is annotated and includes textual and non-textual amendments, statutory instruments made pursuant to the Act and previous affecting provisions. A version without annotations, showing only textual amendments, is also available. An explanation of how to read annotations is available at www.lawreform.ie/annotations. Material not updated in this revision Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked. This information is not represented in this revision but will be reflected in a revision of the amended legislation if one is available. Where legislation or a fragment of legislation is referred to in annotations, changes to this legislation or fragment may not be reflected in this revision but will be reflected in a revision of the legislation referred to if one is available. A list of legislative changes to any Act, and to statutory instruments from 1972, may be found in the Legislation Directory at www.irishstatutebook.ie. Acts which affect or previously affected this revision • Planning and Development, Heritage and Broadcasting (Amendment) Act 2021 (11/2021) • Communications Regulation (Postal Services) Act 2011 (21/2011) • Ministers and Secretaries (Amendment) Act 2011 (10/2011) All Acts up to and including Sale of Tickets (Cultural, Entertainment, Recreational and Sporting Events) Act 2021 (21/2021), enacted 14 July 2021, were considered in the preparation of this revision. Statutory instruments which affect or previously affected this revision • Broadcasting (Transfer of Departmental Administration and Ministerial Functions) Order 2021 (S.I. No. 402 of 2021) • Broadcasting Act 2009 (Section 33) Levy (Amendment) Order 2020 (S.I. No. 521 of 2020) • Broadcasting (Transfer of Departmental Administration and Ministerial Functions) Order 2020 (S.I. No. 372 of 2020) • European Union (Cooperation Between National Authorities Responsible for the Enforcement of Consumer Protection Laws) Regulations 2020 (S.I. No. 14 of 2020) • European Union (Cooperation Between National Authorities Responsible for the Enforcement of Consumer Protection Laws) Regulations 2019 (S.I. No. 691 of 2019) • Broadcasting Act 2009 (Designation of Major Events) Order 2017 (S.I. No. 465 of 2017) • Broadcasting Authority of Ireland (Superannuation) Scheme 2017 (S.I. No. 269 of 2017) • Broadcasting Act 2009 (Section 130 (1)(a)(iv) Designation) Order 2016 (S.I. No. 328 of 2016) • Broadcasting Act 2009 (Section 130(1)(a)(iv) Designation) Order 2014 (S.I. No. 542 of 2014) • Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011) •EuropeanCommunities(ElectronicCommunicationsNetworksandServices)(Access) Regulations 2011 (S.I. No. 334 of 2011) • Tourism and Sport (Transfer of Departmental Administration and Ministerial Functions) (No. 2) Order 2011 (S.I. No. 217 of 2011) • Broadcasting Act 2009 (Section 26(5)) (Conferral of Additional Functions - Broadcasting Services) Order 2011 (S.I. No. 67 of 2011) ii • Arts, Sport and Tourism (Alteration of Name of Department and Title of Minister) Order 2010 (S.I. No. 178 of 2010) • RTÉ (National Television Multiplex) Order 2010 (S.I. No. 85 of 2010) • Broadcasting Act 2009 (Section 33) Levy Order 2010 (S.I. No. 7 of 2010) • Broadcasting Authority of Ireland (Establishment Day) Order 2009 (S.I. No. 389 of 2009) • Television Licence (Exemption of Classes of Television Set) Order 2009 (S.I. No. 319 of 2009) • Broadcasting (Major Events Television Coverage) Act 1999 (Designation of Major Events) Order 2003 (S.I. No. 99 of 2003) All statutory instruments up to and including Broadcasting (Transfer of Departmental Administration and Ministerial Functions) Order 2021 (S.I. No. 402 of 2021), made 14 July 2021, were considered in the preparation of this revision. iii iv Number 18 of 2009 BROADCASTING ACT 2009 REVISED Updated to 14 July 2021 ARRANGEMENT OF SECTIONS PART 1 PRELIMINARY AND GENERAL MATTERS Section 1. Short title. 2. Definitions. 3. Repeals. 4. Expenses. PART 2 BROADCASTING AUTHORITY OF IRELAND 5. Establishment day. 6. Establishment of Authority, Contract Awards and Compliance Committees. 7. Body corporate and seal. 8. Appointment of Authority, Contract Awards Committee and Compliance Committee. 9. Criteria for membership. 10. Terms and removal. 11. Chairperson of Authority or statutory committee. 12. Exclusions from membership of Authority or statutory committee. 13. Meetings of Authority or statutory committee. 14. Chief executive officer of Authority. 15. Staff. 1 [No. 18.] Broadcasting Act 2009 [2009.] 16. Superannuation. 17. Advisory committees. 18. Consultants and advisers. 19. Accountability of chief executive to Committee of Public Accounts. 20. Accountability of chief executive and chairpersons of Authority and statutory committees to other Oireachtas Committees. 21. Disclosure by members of Authority and statutory committee of certain interests. 22. Disclosure by staff of Authority of certain interests. 23. Code of conduct. 24. Independence. 25. Objectives of Authority. 26. Functions of Authority. 27. Functions of Contract Awards Committee. 28. Functions of Compliance Committee. 29. Strategy statements. 30. Policy communications. 31. Powers. 32. Duties of Authority and statutory committees. 33. Levy. 34. Exchequer funding. 35. Borrowings. 36. Deposits and charges for services. 37. Accounts and audits. 38. Reports to Minister. PART 3 BROADCASTERS — DUTIES, CODES AND RULES 39. Duties of broadcasters. 40. Recording of broadcasts. 41. Advertising. 42. Broadcasting codes. 43. Broadcasting rules. 44. Inspection of draft broadcasting codes and rules. 45. Presentation of broadcasting codes and rules to Minister. 46. Co-operation with other parties — standards and self-regulation. 2 [No. 18.] Broadcasting Act 2009 [2009.] PART 4 REDRESS 47. Code of practice — complaints handling. 48. Complaints process. 49. Right of reply. PART 5 ENFORCEMENT Chapter 1 Compliance with terms of contract 50. Investigation into affairs of contractor. 51. Termination or suspension of contract under Part 6 or 8. Chapter 2 Financial Sanctions 52. Definitions (Chapter 2). 53. Investigation into affairs of broadcaster. 54. Report, findings, recommendations and procedures relating to outcome of investigation. 55. Financial sanctions. 56. Matters to be considered in determining the amount of financial sanction. Chapter 3 Notifications 57. Notifications. PART 6 BROADCASTING CONTRACTS AND CONTENT