S.I. No. 251/1991:

EUROPEAN COMMUNITIES (TELEVISION BROADCASTING) REGULATIONS, 1991.

EUROPEAN COMMUNITIES (TELEVISION BROADCASTING) REGULATIONS, 1991.

I, SÉAMUS BRENNAN, Minister for Tourism, Transport and Communications, in exercise of the powers conferred on me by section 3 of the European Communities Act, 1972 (No. 27 of 1972), and for the purpose of giving effect to Council Directive 89/552/EEC⁽¹⁾ hereby make the following Regulations:

⁽¹⁾O.J. No. L298 of 17th October, 1989.

1. (1) These Regulations may be cited as the European Communities (Television Broadcasting) Regulations, 1991.

(2) These Regulations shall come into operation on the 3rd day of October, 1991.

2. (1) In these Regulations:

"broadcaster" means Radio Telefís Éireann in so far as it provides a television broadcast service or any person who is entitled to provide a television programme service by virtue of a contract with the Independent Radio and Television Commission under section 4 (amended by section 6 (1) of the Broadcasting Act, 1990 (No. 24 of 1990)) of the Radio and Television Act, 1988 (No. 20 of 1988);

"Council Directive" means Council Directive 89/552/EEC;

"the Minister" means the Minister for Tourism, Transport and Communications;

(2) A word or expression that is used in these Regulations and is also used in the Council Directive shall, unless the contrary intention appears, have the same meaning in these Regulations that it has in the Council Directive.

3. (1) Subject to paragraph (2) of this Regulation, a broadcaster, where practicable and by appropriate means, shall reserve for European works, a majority proportion of its transmission time, excluding the time appointed to news, sporting events, games, advertising and teletext services.

(2) The apportionment of transmission time by a broadcaster for the purposes of paragraph (1) of this Regulation shall be made having regard to the broadcaster's informational, educational, cultural and entertainment responsibilities to its viewing public and shall be achieved progressively on the basis of suitable criteria.

(3) Where the proportion of transmission time laid down in paragraph (1) of this Regulation cannot be attained, it shall not be lower than the average proportion of transmission time devoted to European works if any in 1988.

4. (1) Subject to paragraph (2) of this Regulation, a broadcaster where practicable and by appropriate means, shall reserve at least 10 per cent of its transmission time, for European works created by producers who are independent of broadcasters, excluding the time appointed to news, sports events, games, advertising and teletext services or, reserve 10 per cent of its programming budget for European works which are created by producers who are independent of broadcasters.

(2) The apportionment of the transmission time or the programming budget of a broadcaster shall have regard to a broadcasters' informational, educational, cultural and entertainment responsibilities to its viewing public and shall be achieved progressively, on the basis of suitable criteria.

(3) An adequate proportion of works referred to in paragraph (1) of this regulation shall comprise recent works, that is to say works which are transmitted within five years of their production.

5. (1) The Minister shall provide the Commission of the European Communities every two years with a report on the application of Regulations 3 and 4 of these Regulations.

(2) A broadcaster, or in the case of the independent television programme service, the Independent Radio and Television Commission, on a request being made to him in that behalf by the Minister, shall furnish the Minister with the information necessary to enable him make the said report.

6. A cinematographic work shall not be broadcast by a broadcaster, unless otherwise agreed between its rights holders and the broadcaster, until two years have elapsed since the work was first shown in cinemas in one of the Member States of the Community or one year where the cinematographic work was co-produced by the broadcaster.

7. (1) A broadcaster shall not broadcast programmes that might seriously impair the physical, mental or moral development of minors, in particular those that involve pornography or gratuitous violence.

(2) Other programmes which might impair the physical, mental or moral development of minors may only be shown where the broadcaster ensures, by selecting the time of the broadcast or by any technical means, that minors would not normally be expected to hear or see such broadcasts.

(3) A broadcast shall not contain any incitement to hatred on the grounds of race, sex, religion or nationality.

GIVEN under my Official Seal, this 27th day of September, 1991.

SÉAMUS BRENNAN,

Minister for Tourism, Transport and

Communications.

EXPLANATORY NOTE.

The purpose of these Regulations is to give effect to provisions of Council Directive 89/552/EEC regarding Broadcasting Activities, which do not already have effect in Irish law.