Broadcasting Act, 2001

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Local interest channels.

38.—(1) Subject to subsection (2), the Commission may enter into a contract under this section with a person whereby that person may supply a compilation of programme material for the purposes of its being transmitted as a broadcasting service under and in accordance with a licence referred to in section 37 (1), and such a contract shall be known as a “provision of local content contract” and is in this Act referred to as a “local content contract”.

(2) The Commission shall not enter into such a contract unless it is satisfied that—

(a) either—

(i) the programme material to be supplied pursuant to the contract will be made by the person with whom it proposes to enter into that contract, or

(ii) the making of that programme material will be commissioned by that person,

and

(b) a substantial proportion of that programme material will be made in the locality which the cable or MMD system, the subject of the licence concerned referred to in subsection (1), serves or will be of such a character as is likely to make it of special interest to persons living in that locality.

(3) Without prejudice to subsection (4), a local content contract shall include a condition requiring the holder of the contract to comply, in relation to the programme material supplied in pursuance of the contract, with such guidelines as the Commission may from time to time issue for the purposes of this section with respect to the general character of the programme material that may be supplied in pursuance of local content contracts.

(4) A local content contract shall include a condition requiring the holder of the contract to comply with the codes and rules under section 19 with respect to the programme material supplied in pursuance of the contract.

(5) A local content contract may include one or more of the following conditions, namely—

(a) a condition requiring the holder of the contract not to include in the programme material supplied in pursuance of the contract a specified class or specified classes of advertisement,

(b) a condition requiring the said holder to ensure, as respects that programme material, that a specified proportion of that material supplied for the time being constitutes material that has been made within a specified period ending immediately before that time,

(c) a condition requiring the said holder to ensure, as respects that programme material, that a specified proportion of the financial resources for the time being used for the purpose of funding the provision of that material is used for the purpose of funding the provision of programme material that has been made within a specified period ending immediately before that time.

(6) In deciding whether to enter into a local content contract with a particular person, the Commission shall have regard to whether the entering into of such a contract would operate against the public interest and, in particular, shall have regard to—

(a) the desirability of allowing any person, or group of persons, to have control of, or substantial interests in, an undue amount of the communications media in the locality served by the cable or MMD system proposed to be used to transmit that material, and

(b) the desirability of promoting diversity in the sources of information available to the public and in the opinions expressed in the communications media.

(7) For the purposes of subsection (6), the Commission may require the person referred to in that subsection to furnish to it such information as it specifies with respect to the extent (if any) of—

(a) any interest of a proprietary or financial nature held by him or her in relation to the provision of broadcasting services (including sound broadcasting services) in the State or the publication of any newspaper, magazine or journal in the State, or

(b) the control he or she may exercise in relation to the provision of any such service or the publication of any such newspaper, magazine or journal,

and if the person fails to comply with any such requirement, then the Commission shall not enter into a local content contract with him or her.