Broadcasting Act 2009

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Terms and conditions of broadcasting contract.

69.— (1) Every broadcasting contract may contain such terms and conditions as the Authority thinks appropriate and specifies in the contract.

(2) Without prejudice to the generality of subsection (1), the Authority may specify in a broadcasting contract all or any of the following terms or conditions:

(a) the period during which the contract shall continue in force;

(b) whether the contract may be renewed and, if so, the manner in which, the terms on which, and the period for which, the contract may be so renewed;

(c) a condition prohibiting the assignment of the contract or of any interest in it;

(d) if the broadcasting contractor is a company, a condition prohibiting any alteration in the Memorandum or Articles of Association of the company or in so much of that Memorandum or of those Articles as may be specified or prohibiting any material change in the ownership of the company;

(e) a condition requiring the broadcasting contractor to provide the quality, range and type of programmes which he or she proposed to offer in his or her application for the award of the contract;

(f) a condition requiring the sound broadcasting contractor to pay to the Authority the amount which the contractor specified in his or her application.

(3) If a broadcasting contract does not contain a condition of the type specified in paragraph (c) or (d) of subsection (2), the following provisions shall have effect:

(a) a broadcasting contract, or any interest in a broadcasting contract, shall not be assignable, nor shall any alteration be made in the Memorandum or Articles of Association of any company which is a broadcasting contractor, nor shall there be any material change in the ownership of such a company, without the previous consent in writing of the Authority, and the Authority may, if it considers it reasonable so to do, refuse such consent;

(b) in considering whether to grant its consent to an assignment of a broadcasting contract, a change in the Memorandum or Articles of Association of a company which is a broadcasting contractor, or a material change in the ownership of such a company, the Authority shall have regard to the criteria specified in section 66 (2) and, where applicable, section 66 (4).

(4) Every broadcasting contract shall provide that the broadcasting contractor shall provide such information (including copies of his or her accounts) which the Authority or the Compliance Committee considers it requires in order to enable it carry out its functions under this Act.

(5) Every broadcasting contract shall be open to inspection by members of the public at the Authority’s registered office and the Authority shall, on request made by any person and on payment of such sum (if any) as the Authority may reasonably require, give to that person a copy of that contract.

(6) In order to avoid the loss of sound programme material inimical to the preservation of a historical record of Irish culture, heritage and experience and as an initial step towards the development of an integrated approach to the archiving of programme material produced in the State, every sound broadcasting contract shall contain a term or condition requiring the sound broadcasting contractor to make a recording and to store categories of programme material, which may be inspected by the Authority, for the term of the sound broadcasting contract and for a period of 6 years thereafter.

(7) The Authority shall, within one year of the passing of this Act, prescribe a format and categories to be followed by sound broadcasting contractors for the purposes of the storing and recording of programme material as required under subsection (6).

(8) The Authority may vary the categories and amounts of programme material required to be recorded and stored by a sound broadcasting contractor having regard to the nature and amount of programme material broadcast by the sound broadcasting contractor and any financial burden associated with such recording and storage.

(9) In carrying out its duties under subsections (7) and (8) the Authority shall have due regard to programme content which:

(a) is in the Irish language,

(b) relates to Irish culture and life,

(c) concerns Irish music, drama and entertainment,

(d) is news, current affairs or documentary,

(e) is in any other category identified by the Authority and which the Authority deems is worthy of maintenance and preservation.

(10) The Authority may store on behalf of a sound broadcasting contractor or a person who held a sound broadcasting contract any programme material recorded under subsection (6).

(11) The making of a recording and storage of programme material in compliance with subsection (6) or (10) is not a contravention of the Copyright and Related Rights Act 2000 .

(12) The Authority shall report to the Minister on an annual basis in relation to the performance of its duties under subsections (7), (8), (9) and (10).

(13) Any amount paid to the Authority by a contractor, being an amount which the contractor specified in his or her application, shall be paid into or disposed of for the benefit of the Exchequer in such manner as the Minister for Finance may direct.