Broadcasting Act, 2001

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PART III

Standards in Broadcasting

Codes and rules with respect to programme material.

19.—(1) The Commission shall, upon being directed by the Minister to do so and in accordance with the provisions of this section, prepare—

(a) a code specifying standards to be complied with, and rules and practices to be observed, in respect of the taste and decency of programme material, the subject of a broadcasting service or sound broadcasting service, and, in particular, in respect of the portrayal of violence and sexual conduct in such material, and

(b) a code specifying standards to be complied with, and rules and practices to be observed, in respect of advertising, teleshopping material, sponsorship and other forms of commercial promotion employed in any broadcasting service or sound broadcasting service (other than advertising and other activities as aforesaid falling within paragraph (c)), and

(c) a code specifying standards to be complied with, and rules and practices to be observed, in respect of advertising, teleshopping material, sponsorship and other forms of commercial promotion employed in any broadcasting service or sound broadcasting service, being advertising and other activities as aforesaid which relate to matters likely to be of direct or indirect interest to children.

(2) A direction of the Minister under subsection (1) shall specify that the Commission shall give priority to the preparation of the code under paragraph (c) of that subsection before the preparation of the other codes under that subsection and the Commission shall give such priority in the preparation of the first-mentioned code accordingly.

(3) The Commission shall, in accordance with subsection (5), make rules with respect to—

(a) the total daily times that shall be allowed for the transmission of advertisements and teleshopping material on a broadcasting service or sound broadcasting service, being a service which consists of a compilation of programme material supplied pursuant to a contract entered into under this Act or the Act of 1988, and

(b) the maximum period that shall be allowed in any given hour for the transmission of advertisements and teleshopping material on such a broadcasting service or sound broadcasting service,

and the Commission may make different such rules with respect to different classes of broadcasting service or sound broadcasting service.

(4) The codes under subsection (1) and the rules under subsection (3) shall, respectively, provide for the matters required to be provided for by Chapters IV and V of the Council Directive.

(5) Before preparing a code or making a rule under this section, the Commission shall make available for inspection by any person who makes a request of it in that behalf a draft of the code it proposes so to prepare or the rule it proposes so to make and shall have regard to any submissions made to it, within such period as it specifies for the purpose, by that person in relation to the draft before it prepares the code or makes the rule concerned.

(6) The Commission shall cause to be published in at least one newspaper circulating in the State notice of the fact that, pursuant to subsection (5), a draft referred to in that subsection is available for inspection, of the place at which or the means by which the draft can be inspected and of the period specified by it under that subsection within which submissions may be made to it in relation to the draft.

(7) In preparing a code under paragraph (c) of subsection (1) the Commission shall, taking into account any relevant instrument made or relevant guidelines issued by any body in which are vested functions in relation to the welfare of children, have regard to—

(a) any research which it considers appropriate (including research under subsection (8)) conducted with respect to the effect of activities referred to in that paragraph on children, and

(b) the merits or otherwise and the feasibility of such a code containing a prohibition on a specified class or classes of such activity in so far as those activities relate to children in general or children under a particular age.

(8) The Commission may, for the purpose of performing its functions under paragraph (c) of subsection (1), conduct, or cause to be conducted, research with respect to the effect of activities referred to in that paragraph on children.

(9) The Commission shall make to the Minister a report in relation to the performance of its functions under subsections (1)(c) and (8) not later than 1 year from the date of the giving to it of the direction under subsection (1) and the Minister shall, as soon as may be after the receipt by him or her of the report, cause copies of it to be laid before both Houses of the Oireachtas.

(10) The Commission shall, once in each period of 3 years, beginning with the period of 3 years commencing on the date of the preparation of the code, review the effect of the code prepared under subsection (1)(c), and shall prepare a report in relation to that review and furnish the report to the Minister; the Minister shall, as soon as may be after the receipt by him or her of the report, cause copies of it to be laid before both Houses of the Oireachtas.

(11) The Commission shall make rules requiring each broadcaster to take specified steps to promote the understanding and enjoyment by—

(a) persons who are deaf or hard of hearing, and

(b) persons who are blind or partially sighted,

of programmes transmitted on any broadcasting service provided by him or her.

(12) Rules under subsection (11) may, in respect of any specified period beginning on or after the commencement of this subsection, require a broadcaster to ensure that a specified percentage of programmes transmitted on a broadcasting service provided by him or her in that period employs specified means by which the understanding and enjoyment by persons referred to in paragraphs (a) and (b) of that subsection of that percentage of programmes may be promoted.

(13) In subsection (12) “specified” means specified in, or in accordance with, the rules concerned.

(14) The Commission shall prepare a code specifying standards to be complied with, and rules and practices to be observed, in respect of the provision of a broadcasting service which has, as one of its principal objectives, the promotion of the interests of any organisation.

(15) The Commission shall from time to time as it considers appropriate prepare a code or make rules amending a code or rules prepared or, as the case may be, made under each provision of this section.

(16) The making or preparation of a code or rules under subsection (15) shall be subject to the like (if any) consents and conditions as the code or rules that the first-mentioned code or rules is or are amending.

(17) Pending the preparation of the codes under paragraphs (b) and (c) of subsection (1) and the making of rules under subsection (3), the provisions of a code under section 4 of the Broadcasting Act, 1990 , which are in force before the repeal by this Act of that section 4 and which correspond to the matters to which those codes or those rules will relate shall, notwithstanding the repeal of that section 4, continue in force and have effect in relation to each class of broadcaster in relation to whom they had effect before that repeal.

(18) In this section “teleshopping material” means 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.