Broadcasting Act, 2001
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Electronic programme guides. |
16.—(1) In this section “electronic programme guide” means any electronic means of providing information to members of the public in relation to the schedule of programme material the subject of any broadcasting service and which electronic means is an integral part of the distribution and reception system by which the broadcasting service is provided. | |
(2) A person shall not prepare or make available for use by another an electronic programme guide otherwise than under and in accordance with a programme guide contract. | ||
(3) The Commission may enter into a contract with a person whereby that other person may prepare and make available for use by another one or more electronic programme guides and such a contract shall be known as an “electronic programme guide contract” and is in this Act referred to as a “programme guide contract”. | ||
(4) A programme guide contract shall include a condition requiring the holder of the contract to comply with guidelines under section 17 with respect to the electronic programme guide or guides prepared by him or her in pursuance of that contract. | ||
(5) A programme guide contract shall include a condition requiring the holder of the contract to ensure that the electronic programme guide or guides prepared in pursuance of it may easily be used by a member of the public to access information in relation to the schedules of programme material the subject of each broadcasting service— | ||
(a) provided in the State by— | ||
(i) the Authority, | ||
(ii) Teilifís na Gaeilge, and | ||
(iii) the television programme service contractor, | ||
and | ||
(b) provided in Northern Ireland by any person, being a service that is receivable throughout the whole of Northern Ireland and which is provided by terrestrial means. | ||
(6) An electronic programme guide prepared by a person who is the holder of a contract that has been entered into under any other section of this Act shall not be designed in such a way as to result in a user of the guide experiencing difficulty in accessing the programme material supplied pursuant to any contract entered into with another person under that or any other section of this Act and which is the subject of a broadcasting service. | ||
(7) If the Commission considers it appropriate to do so in order that members of the public may keep themselves informed of the choice of programme material available for viewing on broadcasting services transmitted by the transmission company pursuant to arrangements under section 14 (1) and each holder of a licence referred to in section 37 (1), it may invite expressions of interest in the securing of a programme guide contract in relation to the electronic programme guide or guides prepared under which the Commission may give a direction under subsection (9). | ||
(8) The Commission may, having examined each of the expressions of interest received on foot of such an invitation, enter into a programme guide contract with the person whose proposals for such electronic programme guide or guides would, in its opinion, best serve the needs of the public. | ||
(9) The Commission may give a direction to— | ||
(a) the multiplex company requiring that company to enter into arrangements with the transmission company for the transmission by the transmission company of the electronic programme guide or guides prepared under the programme guide contract referred to in subsection (8), and | ||
(b) each holder of a licence referred to in section 37 (1) requiring him or her to transmit the said guide or guides, | ||
and the said company and each such holder shall comply with such a direction. |