Upon reading speculation that the Broadcasting Bill 2008 will change the definition of a TV set to include devices that are capable of viewing internet, Flash basd content I decided to sent an email to the office of Minister Ryan requesting clarification on a number of issues. The questions I posed were as follows:
Section 140 defines the television set as “any electronic apparatus capable of receiving and exhibiting television broadcasting services broadcast for general reception (whether or not its use for that purpose is dependent on the use of anything else in conjunction with it) and any software or assembly comprising such apparatus and other apparatus”.
In light of this text, does this definition consider computers and Flash-compatible mobile devices capable of viewing the newly launched RTE Player service to be covered by the TV license?
If so, is a TV license going to be a requirement even if these devices have never used the RTE Player service?
Will this also require thousands of businesses who have never needed to own television licenses as thy have not owned a “traditional” television set to now purchase a license, irrespective of whether or not the RTE Player service is used by said business or its employees?
I would also question how such a requirement could possibly be enforced. Will computers be checked by TV license inspectors to ensure that they do not have the relevant Flash player or other compatible software installed? Will only certain software be considered as applicable?
Are there plans for Internet Service Providers to join An Post as an issuing agent as per Section 145?
If this is the case, how would the Bill hold users of compatible mobile devices who use a network connection owned by someone else, either with or without permission?
Earlier this afternoon I received the following reply:
The Broadcasting Bill 2008 currently before the Houses of the Oireachtas (see Annex A below) will not require computer users accessing the Internet (through a broadband connection or otherwise) to have a television licence.
As the case with existing legislation (see Annex B below) a computer will require a television licence only if it is capable of exhibiting standard television broadcasting services (see definition in Annex A. Key phrases are bolded) e.g. the computer is used in conjunction with a television tuner card or similar device and, as at present, if such is the case, a single licence will cover all the “television sets” in a household. A computer which is not capable of exhibiting standard television broadcasting services but can access programmes through the Internet site of the broadcaster concerned, for example, downloading programmes or clips from the RTE, TV3, TG4 or BBC websites or the RTE Player, or from sites like YouTube does not, nor will not under the new legislation, require a television licence.
I hope that this addresses your concerns.
Yours sincerely,
…Annex A
Section 140 of the Bill defines a television set as follows:
“television set” means any electronic apparatus capable of receiving and exhibiting television broadcasting services broadcast for general reception (whether or not its use for that purpose is dependent on the use of anything else in conjunction with it) and any software or assembly comprising such apparatus and other apparatus
This definition should be read in conjunction with section 2 of the Bill which defines a broadcasting service as follows:
“broadcasting service” means a service which comprises a compilation of programme material of any description and which is transmitted, relayed or distributed by means of an electronic communications network, directly or indirectly for simultaneous or near-simultaneous reception by the general public, whether that material is actually received or not, and where the programmes are provided in a pre-scheduled and linear order, but does not include:
(a) a service provided in a non-linear manner where each user of the service chooses a programme from a catalogue of programmes, or
(b) other audio and audiovisual services provided by way of the Internet;In addition under section 142(3) of the Bill the Minister is further empowered to exempt classes of devices falling within the definition of a television set from any television licensing requirement.
Annex B
Section 1(1) of the Wireless Telegraphy Act 1972 as amended by section 2 of the Broadcasting and Wireless Telegraphy Act, 1988 states…
“Television set” means any apparatus for wireless telegraphy capable of receiving and exhibiting television programmes broadcast for general reception (whether or not its use for that purpose is dependent on the use of anything else in conjunction therewith) and any assembly comprising such apparatus and other apparatus.
Apparently, I’m not the only one who received a copy of this email either.