Broadcasting Act, 2001
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Interpretation. |
2.—(1) In this Act, unless the context otherwise requires— | |
“the Act of 1960” means the Broadcasting Authority Act, 1960 ; | ||
“the Act of 1976” means the Broadcasting Authority (Amendment) Act, 1976 ; | ||
“the Act of 1988” means the Radio and Television Act, 1988 ; | ||
“the Authority” means Radio Telefís Éireann; | ||
“broadcaster” means a person who supplies a compilation of programme material for the purpose of its being transmitted or relayed as a broadcasting service (whether that person transmits or relays that material as such a service or not); | ||
“broadcasting service” means a service which comprises a compilation of programme material of any description and which is transmitted or relayed by means of wireless telegraphy, a cable or MMD system or a satellite device, directly or indirectly for reception by the general public, whether that material is actually received or not, but does not include such a service that is provided by means of the Internet; | ||
“cable-MMD content contract” has the meaning assigned to it by section 41 ; | ||
“cable system” means a wired broadcast relay system; | ||
“the Commission” means the body established by section 3 of the Act of 1988; | ||
“community content contract” has the meaning assigned to it by section 39 ; | ||
“contract” does not include any contract that comes into being between the multiplex company or the transmission company and another person by virtue of the entering into arrangements by the multiplex company or the transmission company with that person under section 13 (1) or 14(1); | ||
“the Council Directive” means Council Directive 89/552/EEC of 3 October 1989(1) on the co-ordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the pursuit of television broadcasting activities as amended by Directive 97/36/EC of the European Parliament and of the Council of 30 June 1997(2) ; | ||
“digital content contract” has the meaning assigned to it by section 12 ; | ||
“digital multiplex licence” has the meaning assigned to it by section 9 ; | ||
“the Director” means the Director of Telecommunications Regulation; | ||
“DTT licence” has the meaning assigned to it by section 7 ; | ||
“EEA Agreement” means the Agreement on the European Economic Area signed at Oporto on the 2nd day of May, 1992, as amended for the time being; | ||
“electronic programme guide” has the meaning assigned to it by section 16 ; | ||
“establishment day” has the meaning assigned to it by section 43 ; | ||
“excepted person” means a person who is under the jurisdiction of another Member State of the European Union or another Member State of the EEA and, for the purposes of this definition, the provisions of the Council Directive shall apply for the purpose of determining the state (whether it be a Member State of the European Union or of the EEA) under the jurisdiction of which the person falls; | ||
“free-to-air service” means a broadcasting service for the reception of which no charge is made by the person providing the service; | ||
“holder” means— | ||
(a) in relation to a contract entered into under the Act of 1988 or this Act, the person with whom the Commission has entered into the contract, | ||
(b) in relation to a licence granted under this Act or any other enactment, the person to whom the licence has been granted; | ||
“the Internet” means the system commonly known by that name; | ||
“local content contract” has the meaning assigned to it by section 38 ; | ||
“Member State of the EEA” means a state that is a contracting party to the EEA Agreement; | ||
“the Minister” means the Minister for Arts, Heritage, Gaeltacht and the Islands; | ||
“MMD system” means a multipoint microwave distribution system used for the transmission of broadcasting services on a point to multipoint basis; | ||
“multiplex” has the meaning assigned to it by section 8 ; | ||
“the multiplex company” has the meaning assigned to it by section 8 ; | ||
“programme guide contract” has the meaning assigned to it by section 16 ; | ||
“programme material” means audio-visual material or, where used in the context of a sound broadcasting service, audio material and includes advertisements and material which, when transmitted, will constitute a direct offer to the public for the sale or supply to them of goods or other property (whether real or personal) or services; | ||
“provide a broadcasting service” means to supply a compilation of programme material for the purpose of its being transmitted or relayed as a broadcasting service; | ||
“sound broadcasting contractor” and “sound broadcasting service” have the same meaning as they have in the Act of 1988; | ||
“subscription or pay-per-view basis”, in relation to the making available of a broadcasting service, means any basis for making a charge on a person in respect of the reception by him or her of a broadcasting service, and includes the basis of making such a charge by reference to the number of items of programme material viewed by him or her; | ||
“Teilifís na Gaeilge” means the body established by section 44 ; | ||
“television programme service contract” and “television programme service contractor” have the same meaning as they have in the Act of 1988; | ||
“terrestrial means”, in relation to the transmission of a broadcasting service, means any means of transmitting such a service by wireless telegraphy, other than by means of a cable or MMD system (or, where the said expression is used in the context of Northern Ireland, any system analogous to a cable or MMD system) or a satellite device and “digital terrestrial means” shall be construed accordingly; | ||
“transmission” includes, in the case of a cable or MMD system, distribution and “transmit” and “re-transmit” shall be construed accordingly; | ||
“the transmission company” has the meaning assigned to it by section 5 . | ||
(2) In this Act— | ||
(a) a reference to a section is a reference to a section of this Act unless it is indicated that reference to some other enactment is intended, | ||
(b) a reference to a subsection or paragraph is a reference to the subsection or paragraph of the provision in which the reference occurs unless it is indicated that reference to some other provision is intended, | ||
(c) a reference to any other enactment shall, unless the context otherwise requires, be construed as a reference to that enactment as amended, extended or adapted by or under subsequent enactments, including this Act. | ||