[Repealed by Communications Act 2000]

TONGA

BROADCASTING ACT 1989

No. 15 of 1989

I assent,

TU'IPELEHAKE
8th November, 1989.

AN ACT

TO REGULATE BROADCASTING AND FOR MATTERS RELATED THERETO

[21st September, 1989]

BE IT ENACTED by the King and Legislative Assembly of Tonga in the Legislature of the Kingdom as follows:

Short title, Application.

1. (1) This Act may be cited as the Broadcasting Act, 1989.

(2) This Act does not apply to any broadcasting station operated by the Tonga Broadcasting Commission.

2. In this Act, unless the contrary intention appears -

"broadcast" includes dissemination by cable;

"broadcast receiver" means an appliance capable of being used for the reception, by means of radiocommunication or cable, of radio or television programmes;

"broadcasting station" means a station for the transmission by means of radiocommunication or cable of radio or television programmes and includes a satellite transmitter and the source of the dissemination of television programmes by cable;

"radiocommunication" has the meaning ascribed to it in the Radiocommunication Act.

Licences.

3. (1) The King in Council may, subject to this Act, grant to a person a licence Licences for a broadcasting station upon such conditions and in such form as the King in Council determines.

(2) The conditions of a license may be altered any time by the King in Council.

(3) The establishment, erection, maintenance and use of a broadcasting station in pursuance of a licence under this section is deemed to be not in contravention of the Radiocommunication Act.

Duration of licences.

4. A licence granted under this Act shall -

(a) in the case of the first grant thereof, be in force for a period of 5 years; and

(b) in the case of renewal, be in force for a period of 2 years.

Application for licences.

5. (1) Each application for a licence, or the renewal thereof, shall be made to the King in Council and shall be in such form and contain such information as the King in Council requires.

(2) An application for die renewal of a licence shall be made not less than 4 months before the expiration of the licence.

Licence fees.

6. (1) When granting a licence or renewal of licence under this Act, the King in Council may specify such licence fee as if determines and such fee may be -

(a) for the whole of the term of the licence or renewal or for any lesser period as is specified;

(b) expressed as a percentage of the profit of the licensee during any period or periods of the licence.

(2) A licence granted under this Act shall not be effective during any period in which the licence fee remains unpaid.

Revocation or suspension of licence.

7. (1) The King in Council may, by notice in writing to a licensee, suspend or revoke a licence if he is satisfied that -

(a) the licensee has failed to pay any licence fee;

(b) the licensee has failed to comply with a provision of this Act or any regulations made hereunder;

(c) the licensee has failed to comply with a term or condition of its licence;

(d) it is advisable in the public interest, for a specified reason, to do so.

(2) The King in Council shall not suspend or revoke a licence unless -

(a) he has first given at least 3 days' notice to the licensee of his intention to suspend or revoke the licence on that ground; and

(b) he has taken into consideration any action by the licensee to remedy any default or to prevent the recurrence of similar grounds.

Commencement of service.

8. A licensee shall commence a broadcasting service in accordance with the terms and conditions of the licence on such dates as the King in Council determines.

Equipment.

9. The technical equipment of a broadcasting station -

(a) shall be designed, installed and maintained to the satisfaction of General Manager of the Tonga Telecommunications Commission and shall not be altered without his permission; and

(b) shall be operated in such manner as the General Manager of the Tonga Telecommunications Commission approves and only by such persons as, in his opinion, are competent to operate the equipment.

Frequency etc.

10. The frequencies and operating power of a broadcasting station shall be such as the General Manager of the Tonga Telecommunication Commission determines.

Hours of service.

11. A licensee shall not broadcast or transmit radio or television program in except during such hours as are specified in its licence or otherwise determined by the King in Council.

Broadcast standards.

12. (1) The King in Council may from time to time determines standards which shall be complied with in radio or television programmes broadcast by all, or any particular, broadcasting station.

(2) Programme standards so determined may -

(a) be general or specific;

(b) require that certain programmes, or class of programmes, be broadcast or excluded from broadcast;

(c) be specified in a licence or in such other manner as the King in Council determines;

(d) be altered from time to time.

(3) If the programmes broadcast by a license do not, in whole or in part, comply with the standards so determined, the licensee shall, if so directed by the King in Council, vary the programmes so that they do so comply.

(4) The King in Council may, from time to time, by notice given in writing, prohibit a licensee from broadcasting any matter or class of matter specified in the notice.

Advertisements.

13. (1) A licensee may, unless prohibited by the conditions of its licence, broadcast advertisements.

(2) A licensee intending to broadcast advertisements shall publicise particulars of his advertising charges.

(3) Advertisements shall comply with such standards as the King in Council determines.

Censorship.

14. (1) A licensee shall not broadcast any matter which -

(a) is indecent or obscene;

(b) displays excessive violence;

(c) is blasphemous;

(d) is treasonous or seditious;

(e) is defamatory.

Defamation Act.

(2) For the purposes of the Defamation Act, any broadcast is deemed to be, in the case of radio, speaking and in the case of television, putting into visible form or speaking as the case may be.

Religion.

15. A licensee shall broadcast Divine Worship or other matter of a religious nature during such periods as the King in Council determines and, if so directed, shall do so without charge.

Items of National Interest.

16. (1) The King in Council, or any person delegated by him, may require a licensee to broadcast, without charge, such items of national interest as are specified.

(2) During any period of national emergency; a licensee shall place his broadcasting station, free of charge, at the service of the Government, and shall also supply competent persons to operate the station.

Political etc. matter.

17. The King in Council may determine to what extent and in what manner a licensee may broadcast political or controversial matter.

Offences.

18. (1) Any person who, without a licence issued under this Act, operates a broadcasting station or who otherwise broadcasts radio or television in a form capable of reception by a broadcasting receiver in Tonga is guilty of an offence and is liable to a fine of $5000 or to imprisonment for a period not exceeding one year, or to both and any apparatus used by such person to make the broadcast is liable to forfeiture.

(2) A person who broadcasts matter contrary to this Actor regulations made hereunder contrary to the conditions of his licence is guilty of an offence and is liable to a fine of $2000 or to imprisonment for a period not exceeding 6 months or to both such fine and imprisonment.

(3) Where the offence specified in subsections (1) and (2) is committed by a Company, every Director of the Company, the General Manager and the person having the control of the broadcasting station at the time the offence was committed shall be guilty of the offence unless he prove, that the unlawful broadcast took place without his knowledge or consent.

Regulations.

19. The King in Council may make regulation, not inconsistent with this Act, prescribing all matters which are required or permitted to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to this Act.

Passed by the Legislative Assembly this 21st day of September, 1989.

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