P
peatysmoky
Guest
Dear all,
As some of you will know, the common interpretation of current Irish law (specifically, of Part 9 of the Broadcasting Act 2009) is that you are required to have a TV license if you own a TV or any other bit of equipment capable of receiving and displaying visual broadcast signals intended for general viewing. As I have a nice big TV that I use for watching DVDs but no functioning aerial, and have thus far been unsuccessful in my efforts to get any TV reception in the house, I thought I'd try to find out what the legal basis for such a requirement might be. Here is what I found:
Article 140, Part 9, Broadcasting Act 2009
“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;
It’s almost as if the wording is deliberately obtuse. Breaking it down:
1. “television set” means any electronic apparatus capable of receiving
and exhibiting television broadcasting services broadcast for general
reception
This reads as if what is being referred to as a TV set is the whole setup required to receive and exhibit TV – thus a TV plus means of powering it and aerial or equivalent to get a signal to it.
2. (whether or not its use for that purpose is dependent on
the use of anything else in conjunction with it)
This clause seems to be added to clarify that ancillaries to power and get signal to TV are not required for the TV to meet the definition of “television set”. However, taken with the previous two lines, this could now be referring to any part of the setup required to receive and exhibit television broadcasting services when used in conjunction with the other components of this setup. So a power socket now fits the definition established for “television set” – when used “in conjunction” with other things (i.e. “anything else”) they can be used for the purpose of receiving and exhibiting television broadcasting services!
3. and any software or assembly comprising such apparatus
And now! “any software or assembly comprising such apparatus…” this brings us back to a situation where equipment like the aerial is included in the definition of the TV set. The use of the word “and” rather than “or” indicates that the things described in this section are intended to be additional to (rather than alternatives of) the equipment referred to before. So depending which bit of this statement we go with, a “television set” could be a TV, a power socket, or a combination of TV power supply and signal receiving equipment!
4. …such apparatus and other apparatus.
What?? Can there possibly be a sensible reason for adding “other apparatus” at the end of this sentence? What does it mean?!?
If anyone can shed any light, either on what this means, or what the legal position of someone in Ireland who owns a TV (or an aerial!) but cannot get a TV signal might be, I would be grateful for a reply!
Best wishes,
Mark
As some of you will know, the common interpretation of current Irish law (specifically, of Part 9 of the Broadcasting Act 2009) is that you are required to have a TV license if you own a TV or any other bit of equipment capable of receiving and displaying visual broadcast signals intended for general viewing. As I have a nice big TV that I use for watching DVDs but no functioning aerial, and have thus far been unsuccessful in my efforts to get any TV reception in the house, I thought I'd try to find out what the legal basis for such a requirement might be. Here is what I found:
Article 140, Part 9, Broadcasting Act 2009
“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;
It’s almost as if the wording is deliberately obtuse. Breaking it down:
1. “television set” means any electronic apparatus capable of receiving
and exhibiting television broadcasting services broadcast for general
reception
This reads as if what is being referred to as a TV set is the whole setup required to receive and exhibit TV – thus a TV plus means of powering it and aerial or equivalent to get a signal to it.
2. (whether or not its use for that purpose is dependent on
the use of anything else in conjunction with it)
This clause seems to be added to clarify that ancillaries to power and get signal to TV are not required for the TV to meet the definition of “television set”. However, taken with the previous two lines, this could now be referring to any part of the setup required to receive and exhibit television broadcasting services when used in conjunction with the other components of this setup. So a power socket now fits the definition established for “television set” – when used “in conjunction” with other things (i.e. “anything else”) they can be used for the purpose of receiving and exhibiting television broadcasting services!
3. and any software or assembly comprising such apparatus
And now! “any software or assembly comprising such apparatus…” this brings us back to a situation where equipment like the aerial is included in the definition of the TV set. The use of the word “and” rather than “or” indicates that the things described in this section are intended to be additional to (rather than alternatives of) the equipment referred to before. So depending which bit of this statement we go with, a “television set” could be a TV, a power socket, or a combination of TV power supply and signal receiving equipment!
4. …such apparatus and other apparatus.
What?? Can there possibly be a sensible reason for adding “other apparatus” at the end of this sentence? What does it mean?!?
If anyone can shed any light, either on what this means, or what the legal position of someone in Ireland who owns a TV (or an aerial!) but cannot get a TV signal might be, I would be grateful for a reply!
Best wishes,
Mark