Illegal broadcasting enforcement and transition
The Minister said the last search and seizure operation was in October 1987 and a prosecution followed in May 1988, but existing law limited effective action. The proposed legislation would criminalize supplying services to or advertising on illegal stations; after a transition period for voluntary closure, the Government would enforce it fully, though licensed stations might not be ready immediately.
asked the Minister for Communications when he last took action to seize equipment or prosecute stations broadcasting illegally; the principles he applies in deciding the stations to proceed against; and the way in which he plans to handle the transition from illegal to licensed broadcasting.
Comment on this
The last occasion on which my Department carried out a search and seize operation under the Wireless Telegraphy Acts was on 29 October 1987. The operator of the station in question was prosecuted on 23 May 1988.
All illegal broadcasting stations are liable to be seized and their operators prosecuted at any time. However, the inadequacy of existing law to deal with the situation has limited the extent to which my Department can deal effectively with the problem. Thus in present circumstances, and pending enactment of the Broadcasting and Wireless Telegraphy Bill, 1987, the primary criterion in determining whether the existing powers — inadequate as they may be — will be used relates to whether a particular station is causing interference to other licensed radio communications services, particularly emergency or safety of life services. In the case of the station which was most recently raided, it had been causing persistent and continuous interference to BBC radio and ignored repeated warnings from my Department in the matter.
My position on the closing down of illegal stations following the enactment of the new Radio and Television Bill and the Broadcasting and Wireless Telegraphy Bill was set out in the closing speech on the Second Stage debate on those Bills.
Comment on this
Can the Minister tell us whether under the new legislation it will be an offence to supply services to these stations and whether de facto they will have to close as and from the date of the passage of the legislation?
Comment on this
Under the new legislation it will be an offence to supply services to these stations and it will be an offence to advertise on these stations and that is the most effective penalty of all. I hope this Bill will pass through this House very shortly with the co-operation of all sides of the House.
Comment on this
Will these stations have to close before the contracts for the alternative stations are issued?
Comment on this
As I said in my reply on Second Stage debate on the Broadcasting and Wireless Telegraphy Bill, 1987, this is a thorny problem and while we would wish to avoid any hiatus this may be the price which will have to be paid to get the legal stations on the air. Following enactment of the Broadcasting and Wireless Telegraphy Bill, we will allow a certain period of time before it takes effect to enable the illegal stations to voluntarily get off the air and we will then proceed to implement the Bill in full. In fact, the task may not be that difficult. Since it will be an offence to advertise on a pirate radio station, we may find that the funds of many of these pirate stations will dry up and they will automatically be forced out of business.
Deputy Nealon rose.