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4 2001

BROADCASTING ACT, 2001

PART VI

Teilifís na Gaeilge

Definition.

42. —In this Part “establishment day” means the day appointed by the Minister under section 43 .

Establishment day.

43. —The Minister may by order appoint a day to be the establishment day for the purposes of this Part.

Teilifís na Gaeilge.

44. —(1) On the establishment day there shall stand established a body, to be known as Teilifís na Gaeilge, to perform the functions assigned to it by this Act.

(2) Teilifís na Gaeilge shall be a body corporate with perpetual succession and power to sue and be sued in its corporate name and to acquire, hold and dispose of land and other property.

(3) The provisions of the Second Schedule to this Act shall have effect in relation to Teilifís na Gaeilge.

Functions of Teilifís na Gaeilge.

45. —(1) Teilifís na Gaeilge shall establish and maintain a national television broadcasting service which shall have the character of a public service and be made available, in so far as it is reasonably practicable, to the whole community on the island of Ireland.

(2) The broadcasting service referred to in subsection (1) shall be a free-to-air service.

(3) Teilifís na Gaeilge shall have all such powers as are necessary for or incidental to its function under subsection (1).

(4) Without prejudice to the generality of subsection (1), Teilifís na Gaeilge shall commission the making of programme material, originate programme material and, subject to, and in accordance with, subsection (5), acquire programme material from such sources as it thinks appropriate so as to ensure that the programme schedules of the broadcasting service referred to in subsection (1) (and also, where appropriate, any means of transmission referred to in subsection (8)(c))—

(a) provide a comprehensive range of programmes, primarily in the Irish language, that reflect the cultural diversity of the whole island of Ireland and include programmes that entertain, inform and educate, provide coverage of sporting, religious and cultural activities and cater for the expectations of those of all age groups in the community whose preferred spoken language is Irish or who otherwise have an interest in Irish,

(b) provide programmes, primarily in the Irish language, of news and current affairs,

(c) provide coverage of proceedings in the Houses of the Oireachtas and the European Parliament, and

(d) facilitate or assist contemporary cultural expression and encourage or promote innovation and experimentation in broadcasting.

(5) Teilifís na Gaeilge may, for the purpose of complementing the programme material it broadcasts in the Irish language, acquire programme material in other languages; in acquiring such material, Teilifis na Gaeilge shall have regard to the need to maintain the distinctive character of the broadcasting service referred to in subsection (1) and to cater for the expectations of audiences who are not generally catered for by other broadcasting services.

(6) Each amount paid to Teilifís na Gaeilge under section 51 shall be used by it solely for the purposes of performing its function under subsection (1) and exercising the powers conferred on it by this Act with respect to that function.

(7) Teilifís na Gaeilge may use moneys it obtains from any source, other than under section 51 , in whole or in part for the purposes referred to in subsection (5).

(8) Without prejudice to the generality of the preceding provisions of this section, Teilifís na Gaeilge shall have the following powers—

(a) to make contracts, agreements and arrangements incidental or conducive to the functions of Teilifís na Gaeilge,

(b) to provide, in addition to the broadcasting service referred to in subsection (1), broadcasting services which are of a special interest to only certain members of the community or which are made available on a subscription or pay-per-view basis,

(c) to transmit by any electronic means (other than by means of broadcasting) such of the programme schedules of the broadcasting services referred to in subsection (1) or paragraph (b), with such alterations or adaptations as are appropriate, as it thinks fit,

(d) to acquire and make use of copyrights, patents, licences, privileges and concessions,

(e) to collect news and information and to subscribe to news services and such other services as may be conducive to the functions of Teilifís na Gaeilge,

(f) to subscribe to such international associations and to such educational, musical and dramatic bodies and such other bodies promoting entertainment or culture as may be conducive to the functions of Teilifís na Gaeilge,

(g) to arrange with other broadcasters for the distribution, receipt, exchange and relay of programme material (whether live or recorded),

(h) to organise, provide and subsidise concerts and other entertainments in connection with the broadcasting service referred to in subsection (1) or for any purpose incidental thereto and, in relation to any such concert or entertainment, to provide or procure accommodation, and, if desired, to make charges for admission,

(i) to prepare, publish and distribute, with or without charge, such magazines, books, papers and other printed matter as may seem to Teilifís na Gaeilge to be conducive or incidental to its functions,

(j) to compile, publish, distribute, sell and exchange recorded aural and visual material in whatsoever form contained (including any form of electronic storage developed after the establishment day).

General duty of Teilifís na Gaeilge.

46. —In performing its functions, Teilifís na Gaeilge—

(a) shall use its best endeavours to commission the making of, procure, adapt or originate programme material for the purposes of the broadcasting service referred to in section 45 (1) that is responsive to the interests and concerns of the whole community,

(b) shall—

(i) be mindful of the need for understanding and peace within the whole island of Ireland, and

(ii) ensure that the programme material aforesaid reflects the varied elements which make up the culture of the whole island of Ireland and have special regard for the elements which distinguish that culture, and, in particular, the Gaeltachtaí,

(c) shall uphold the democratic values enshrined in the Constitution, especially those relating to rightful liberty of expression, and

(d) shall have regard to the need for the formation of public awareness and understanding of the values and traditions of countries other than the State, including in particular those of the Member States of the European Union.

Supply of programme material by Authority to Teilifís na Gaeilge.

47. —The Authority shall provide to Teilifís na Gaeilge programme material in the Irish language of such amounts and at such times as may be agreed between them, being such amounts and such times as, in their opinion, will result in the equivalent of one hour of such programme material being provided daily by the Authority to Teilifís na Gaeilge.

Approval of total time per year for broadcasting by Teilifís na Gaeilge.

48. —The total number of hours per year of broadcasting by Teilifís na Gaeilge in providing the television broadcasting service referred to in section 45 (1) shall neither exceed a maximum nor be less than a minimum fixed by Teilifís na Gaeilge, with the approval of the Minister, for that service.

Advertising broadcasts by Teilifís na Gaeilge.

49. —(1) In the case of a broadcasting service provided by Teilifís na Gaeilge (not being a broadcasting service which consists of programme material supplied by it pursuant to a contract entered into under this Act), the total daily times for broadcasting advertisements and teleshopping material fixed by Teilifís na Gaeilge and the maximum period so fixed to be given to advertisements and teleshopping material in any hour shall be subject to the approval of the Minister.

(2) In this section “teleshopping material” has the same meaning as it has in section 19 .

Application of certain enactments to Teilifís na Gaeilge.

50. —(1) Section 18 (as amended by the Act of 1976) of the Act of 1960 shall apply to Teilifís na Gaeilge as it applies to the Authority and for the purposes of that application the reference in that section to section 16 of that Act shall be construed as a reference to section 45 of this Act.

(2) Subsections (1), (2) and (4) of section 20, section 21 (as amended by the Act of 1976) and section 31(2) of the Act of 1960 shall apply to Teilifís na Gaeilge as they apply to the Authority and for the purposes of that application the reference in subsection (4) of that section 21 to the Director-General shall be construed as a reference to the chief executive of Teilifís na Gaeilge.

(3) Section 6 (as amended by this Act) of the Act of 1976 shall apply to Teilifís na Gaeilge as it applies to the Authority.

Provision of moneys by Minister to Teilifís na Gaeilge.

51. —The Minister, with the consent of the Minister for Finance, may from time to time pay to Teilifís na Gaeilge such an amount as he or she determines to be reasonable for the purposes of defraying the expenses incurred by Teilifís na Gaeilge in performing its functions.

Transitional provisions in relation to Teilifís na Gaeilge.

52. —(1) On the establishment day all land which, immediately before that day, was vested in Seirbhísí Theilifís na Gaeilge Teoranta and all rights, powers and privileges relating to or connected with such land shall, without any conveyance or assignment, stand vested in Teilifís na Gaeilge for all the estate or interest for which immediately before the said day it was vested in the said company, but subject to all trusts and equities affecting the land subsisting and capable of being performed.

(2) On the establishment day all property other than land, including choses-in-action, which immediately before that day was the property of Seirbhísí Theilifís na Gaeilge Teoranta shall stand vested in Teilifís na Gaeilge without any assignment.

(3) Every chose-in-action transferred by subsection (2) to Teilifís na Gaeilge may, after the establishment day, be sued on, recovered or enforced by it in its own name and it shall not be necessary for it or Seirbhísí Theilifís na Gaeilge Teoranta to give notice to the person bound by the chose-in-action of the transfer effected by that subsection.

(4) All rights and liabilities of Seirbhísí Theilifís na Gaeilge Teoranta arising by virtue of any contract or commitment (express or implied) entered into by it before the establishment day shall on that day stand transferred to Teilifís na Gaeilge.

(5) Every right and liability transferred by subsection (4) to Teilifís na Gaeilge may, on and after the establishment day, be sued on, recovered or enforced by or against it in its own name and it shall not be necessary for it or Seirbhísí Theilifís na Gaeilge Teoranta to give notice to the person whose right or liability is transferred by that subsection of such transfer.

(6) Any legal proceedings pending immediately before the establishment day to which Seirbhísí Theilifís na Gaeilge Teoranta is a party shall be continued with the substitution in the proceedings for that company of Teilifís na Gaeilge.

(7) Anything commenced but not completed before the establishment day by Seirbhísí Theilifís na Gaeilge Teoranta may be carried on and completed on or after that day by Teilifís na Gaeilge.

(8) Nothing in the preceding provisions of this section shall operate to transfer to Teilifís na Gaeilge any right or liability of Seirbhísí Theilifís na Gaeilge Teoranta under any contract of employment entered into by that company with any person before the establishment day unless that person is designated as a person to be employed by Teilifís na Gaeilge on and after the establishment day in a direction given by the Authority for the purposes of this section (which the Authority is hereby empowered to give).

Construction of references to certain acts of Teilifís na Gaeilge.

53. —A reference in a provision of this Act to a free-to-air service being provided by Teilifís na Gaeilge shall, to the extent that that provision falls to be applied at, or by reference to, a time that is prior to the establishment day (including a time that is prior to the passing of this Act), be construed as a reference to such a service being provided by Seirbhísí Theilifís na Gaeilge Teoranta.