I move that the Bill be now read a Second Time.
The purpose of the Bill is to enable Ireland to ratify the Council of Europe Agreement entitled "European Agreement for the Prevention of Broadcasts transmitted from Stations outside National Territories" which was signed on behalf of Ireland, subject to ratification, on 9th March, 1965. The agreement binds each contracting party to take appropriate steps to make punishable as offences, in accordance with its domestic law, the establishment or operation of broadcasting stations on board ships, aircraft, etc., outside national territories, as well as defined acts of collaboration knowingly performed. These defined acts of collaboration include the provision of equipment, supplies, programme material and advertising for such stations.
As Deputies will be aware, the radio frequency spectrum is limited. Before a new radio station can be established, it is necessary for the sponsors to decide what frequency they propose to use. But as all broadcasting frequencies are already being used, and since radio transmissions in one country can interfere with radio reception in another, there must be international agreement and regulation regarding the use of frequencies. The international organisation which is responsible for the regulation of the use of frequencies is a specialised agency of the United Nations known as the International Telecommunications Union. This union has over 120 member nations, who have undertaken to observe the International Telecommunications Convention and the Radio Regulations annexed thereto. These regulations provide for the orderly allocation and use of radio frequencies, with the object of enabling the optimum use to be made of the radio spectrum and to avoid harmful interference between transmissions.
One of these regulations provides that no transmitting station may be established or operated by any private person or enterprise without a licence issued by the Administration of the country to which the station in question is subject. Another regulation prohibits the establishment and use of broadcasting stations on board ships, aircraft or any other floating or air-borne objects on or over the high seas.
The persons or companies against whom the Bill is directed, and whom I may refer to as pirate broadcasters, deliberately break these regulations by appropriating any wavelengths which suit their purposes—and the wavelengths selected are such as to give wide coverage for commercial ends irrespective of the consequences to legitimate users of the spectrum.
The problem of "pirate" broadcasting, that is broadcasting by commercial interests usually from ships flying a flag of convenience—or no flag at all—anchored outside territorial waters, has been a matter of concern to the European Conference of Postal and Telecommunication Administrations—of which the Department of Posts and Telegraphs is a member— and to the European Broadcasting Union—of which Radio Telefís Éireann is a member—for some years. Both organisations had been pressing their members to urge their Governments to take action to suppress such "pirate" stations even before the Council of Europe Agreement on this matter was signed in 1965.
I have mentioned the interference which these pirate stations can cause to legitimate broadcasting stations but a matter of more serious concern is the ease with which these transmissions can spill over into the distress and emergency frequencies used by ships, lighthouses and coast stations. There were times when the activities of a well-known pirate station affected our coast station at Malin Head and our lighthouses along the east coast. On one occasion Malin Head coast station was unable to receive distress signals from a fishing trawler and my Department had to bring interference with essential lighthouse services to the notice of the pirate station concerned. I will say that the station in question did rectify the position quickly but it was a hazard which can recur when pirate stations are in operation.
Legitimate stations are subject to many rules. The laws of libel, copy-right, contracts, conditions of employment and the general gamut of regulation apply as they do to any business in the State. However, the pirates operating outside territorial waters are subject to no such restraints. My understanding is that so far as the pirate is concerned the property of creative artists and the whole field of copyright property is there for the taking.
The existence of "pirate" stations could also adversely affect RTE income from advertising and could give rise to interference which might seriously impair reception of the Irish programmes. Serious interference was actually caused for a time to reception on the Dublin wavelength—1250 kc/s —by a pirate broadcaster operating off Scotland.
As in every sphere of activity the Government are concerned to preserve law and order in the use of radio frequencies. It was evident from the number of pirate stations that had been established around the north-west coast of European in 1962 that some positive and concerned action on agreed lines was essential. Hence the European Agreement. This lays an obligation on us as one of its signatories to make punishable as offences not merely the establishment or operation of stations on Irish ships, or by Irish nationals on any ship, but also certain acts of collaboration—for instance, the provisioning of ships engaged in pirate broadcasting.
The Agreement has been signed by 12 Administrations. The following members of the Council of Europe have introduced legislation: Britain, France, Sweden, Belgium, Norway, Denmark, Finland, which is not a member of the Council of Europe, has introduced legislation towards the same end.
Deputies will recall the speed with which pirate stations operating round the British coast closed down on the enactment of legislation by Britain. There is little doubt that if we show any hesitation in ratifying the European Agreement, ships carrying these stations will operate from our shores. Britain and the other European countries are looking to us to close a gap which we, as a member of the Council of Europe, have undertaken to do. This is really an obligation shared by every member of the International Telecommunications Union.
The promoters of pirate broadcasting stations have shown a flair for finding and exploiting loopholes in the law of different countries. They are mainly interested in broadcasting to densely populated areas and can be expected to start broadcasting to Britain from positions off the Irish coast if there is any long delay in enacting legislation here now that the British Bill has become law, or if the Irish legislation contains some loop-hole which does not exist in Britain. The Bill before you is, therefore, designed to correspond as closely as possible with British legislation in this matter.
The Bill will enable the Government to deal effectively with any pirate broadcasting station within our territorial limits or from our waters. Sections 2 and 3 make all such broadcasting unlawful and also broadcasts from Irish registered ships operating anywhere. The net is widely cast as to the persons who can be found guilty of offences, namely, the owner and master of the ship or aircraft and everyone operating or participating in the working of the station. It also covers agents or companies on shore that assist in the operations.
Signatories to the European Agreement were aware of the difficulties of getting at stations which operate on the high seas. Power is being taken in the Bill to deal with Irish nationals if they operate stations in any ship or aircraft on or over the high seas regardless of the place of registration of the ship. These powers are extended in section 4 to marine structures outside the State. I should perhaps stress that it will be an offence for anyone in the State, whatever his nationality, to arrange for broadcasting to take place in any ship, aircraft or structure on or over the high seas.
Sections 5 and 6 spell out what I referred to earlier as "acts of collaboration". They make it an offence to aid in any way the setting-up or operation of pirate broadcasting stations by provisioning them, transporting goods or persons to or from them, maintaining them, or participating in any way in their broadcasting activities. The provisions of this section will of course be interpreted reasonably; the phrase "knowingly performed" is in this connection very relevant and, naturally, the situations that could arise in which it would be necessary to give aid and comfort to people engaged in pirate broadcasting have not been overlooked. These situations — distress, shipwreck, illness and so on — are covered in section 8. Aside from these humanitarian exceptions, provision is made in section 7 for the prosecution of offenders, summarily or on indictment, and such proceedings may be instituted anywhere in the State.
Clause 9 provides for authorisation by wireless telegraphy licence of what is otherwise prohibited under the other provisions of the Bill. The need for this section requires no explanation.
This Bill is needed for five main reasons—
(1) to enable us to honour our obligations to other broadcasting organisations—and for this all the provisions of the Bill are essential;
(2) to protect the effectiveness of our distress and emergency radio communications which can be jeopardised seriously by the operations of pirate broadcasters;
(3) to protect performers' rights;
(4) to prevent the irregular and improper use of broadcasting for seditious, libellous, etc., purposes;
(5) to prevent a drain-off of the advertising revenue of our own broadcasting services.
I understand that there was disappointment in certain quarters at the disappearance of the pirate broadcasting stations and that some people have charged that the legislation against them is oppressive and undemocratic and shows a disregard of the wishes of the people. It has also been represented as an attack on commercial broadcasting because the pirates' activities were - entirely financed through advertising. Needless to say, the pirate broadcasters themselves have not hesitated to encourage these ideas and in doing so they have been aided by the fact that they have had a powerful propaganda medium at their disposal. As I have shown however the operations of unauthorised broadcasting stations which are responsible to nobody and which exist only for the purpose of commercial gain, can ultimately produce a condition of chaos in which broadcasting as we know it will quickly become impossible.
Because some of the pirate stations broadcast programmes which had a particular appeal to the young it has been suggested that their suppression indicates a lack of concern for the views of young people. This is of course not so. If pirate broadcasting were allowed to continue the time would soon come when neither young nor old would be able to rely on receiving any sound broadcasting service. If we allowed this to happen we would indeed lay ourselves open to the charge of disregarding the will of the people and our responsibilities to them.
It should be clear from all this that any kind of pirate broadcasting station, irrespective of the kind of programme transmitted, will have to be suppressed.
For the reasons I have outlined the enactment of this legislation is an obligation and a necessity. Similar legislation in Britain has resulted in the suspension of the activities of pirate broadcasters. If we are dilatory in following suit there is a real danger that we will have one or more of these unwelcome visitors operating off our shores. I therefore recommended the Bill to the House.
