Broadcasting Act, 2001

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Community channels.

39.—(1) Subject to the provisions of this section, 2 or more members of a local community 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).

(2) Subject to subsection (3) and (4), the Commission may enter into a contract with 2 or more members of a local community whereby those members may supply a compilation of programme material for the purposes referred to in subsection (1) if it is satisfied that—

(a) those members are representative of the community concerned,

(b) the supply of programme material in pursuance of the contract will be effected with the sole objective of—

(i) specifically addressing the interests of the community concerned, and

(ii) achieving a monetary reward of no greater amount than is reasonably necessary to defray the expenses that will be incurred in effecting that supply,

and

(c) there is a reasonable prospect that all such expenses as are likely to be incurred during the period of the contract will be defrayed,

and such a contract shall be known as a “provision of community content contract” and is in this Act referred to as a “community content contract”.

(3) The Commission shall not enter into a community content contract save after consultation with the person who it appears to the Commission will transmit or, as the case may be, will be the subject of a requirement under section 37 (10) to transmit, the programme material supplied pursuant to the contract as a broadcasting service.

(4) The Commission shall establish procedures whereby members of local communities are enabled, at regular intervals, to make submissions to the Commission as to what particular contracts ought, in their opinion, to be entered into under this section and what particular terms and conditions ought, in their opinion, to be included in such contracts and requiring the Commission to furnish, on request, to any such members particulars of any proposals formulated, for the time being, by the Commission itself with regard to each of those matters.

(5) Before entering into a community content contract, the Commission shall have regard to any submissions made to it under and in accordance with procedures established under subsection (4) and which appear to it to be of relevance to that contract.

(6) The Commission shall conduct, or arrange with members of the local community concerned for there to be conducted, a survey, which shall be as comprehensive as is practicable, amongst members of that community for the purpose of ascertaining—

(a) the extent to which that community is facilitated in the active participation by it in the compilation and transmission of the programme material supplied pursuant to a community content contract,

(b) the extent to which those members view any broadcasting service on which there is transmitted that programme material, and

(c) the opinion of those members with regard to—

(i) the quality of that programme material, and

(ii) whether that material specifically addresses the interests of their community,

and shall have regard to the results of such a survey in deciding, in relation to any community content contract it proposes to enter into with members of that community next after the conduct of that survey, with whom it shall enter into such a contract and the nature of the terms and conditions it may include in that contract.

(7) For the avoidance of doubt, if the holder of a licence referred to in subsection (1) of section 37 is required under subsection (10) of that section to transmit as a broadcasting service the programme material supplied pursuant to a community content contract, he or she shall not be—

(a) under any duty to ensure that the material complies with the terms and conditions of that contract or the enactments that apply in respect of the supply of the material by virtue of section 18 ,

(b) regarded, for the purposes of the law of defamation, malicious falsehood or any other form of civil liability as having, by virtue of such transmission, published the material, or

(c) liable in damages, by virtue of such transmission, for any infringement of copyright, other intellectual property rights or other legal rights of any person.

(8) In this section “local community” means the community of a town or other urban or rural area.