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Broadcasting - Preliminary (Ss 1-2) *


Published: 1999-08-18

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ARRANGEMENT OF SECTIONS

 

PART I
Preliminary

 

SECTION

 

1.        Short title

2.        Interpretation

 

PART II
National Broadcasting Board

 

3.        Establishment of the Board

4.        Composition of the Board

5.        Appointment of members of the Board

6.        Tenure of office

7.        Remuneration of members

8.        Nominating Committee

9.        Secretariat of the Board

10.        Functions of the Board

11.        Proceedings of the Board

 

PART III
Broadcasting Licences

 

12.        Application for broadcasting and re-broadcasting licences

13.        Issue of licences

14.        Restrictions on broadcasting or re-broadcasting of programmes

15.        Notice of change of particulars of licensee

16.        Production of broadcasting licences

17.        Revocation of licences or refusal to renew licences

18.        Appeal

19.        Record to be kept by licensee

20.        Programmes not suitable for exhibition to children

21.        Code of practice

 

PART IV
Miscellaneous Provisions

 

22.        Offences

23.        Regulations

24.        Consequential and transitional provisions

 

Act 6, 1999.

An Act to provide for the establishment and functions of a National Broadcasting Board, to provide for the issue of broadcasting licences; and for other matters incidental thereto or connected therewith.

[Date of Commencement:
Parts I and II: 18th August, 1999;
Parts III and IV: 29th June, 2001
]

 

1.       Short title

 

            This Act may be cited as the Broadcasting Act.

 

2.       Interpretation

 

            In this Act unless the context otherwise enquires-

            "the Authority" means the Telecommunications Authority established under section 3 of the Telecommunications Act;

            "the Board" means the National Broadcasting Board established under section 3;

            "broadcasting" means the distribution of television or radio, as defined herein, by means of terrestrial, satellite, cable or optical fibre and capable of being received on suitable apparatus by the public;

            "broadcasting service" means a single defined service which consists in the broadcasting of television or sound material to the public or sections of the public or the subscribers to such service;

            "the Committee" means the Nominating Committee established under section 8;

            "community" includes a geographically founded community or any group of persons or sector of the public having a specific, ascertainable common interest;

            "community broadcasting service" means a broadcasting service which-

     (a)     is fully controlled by a non-profit entity and carried on for non-profitable purposes;

     (b)     serves a particular community;

     (c)     encourages members of the community served by it or persons associated with or promoting the interests of such community to participate in the selection and provision of programmes to be broadcast in the course of such broadcasting services; and

     (d)     may be funded by donations, grants, sponsorship or advertising or membership fees, or by any combination of any of them;

            "licensee" means any person to whom a broadcasting or re-broadcasting licence has been issued under this Act;

            "private broadcasting service" means a broadcasting service operated for profit and controlled by a person who is not a public or community broadcasting licensee;

            "public broadcasting service" means a broadcasting service provided by any statutory body which is funded either wholly or partly through State revenues;

            "radio" means the conveyance of one or more channels of audio information by means of an electromagnetic wave most usually propagated in space, having a frequency below 3000 GHZ;

            "register" means the register of licensees established under section 15(7);

            "television" means the conveyance of visual information, together with one or more channels of associated audio or suitably encoded textual information, or both.