Cap. 350 ст. 38Offences and penalties.

(1) Any person who acts in contravention of any of the provisions of this Act or of any regulation or direction made or given thereunder or fails to abide with any conditions imposed in any licence granted by this Act or to act in conformity with any such licence or any provision of this Act, or regulation or direction made or given thereunder shall be guilty of an offence against this Act and shall, on conviction, be liable to imprisonment not exceeding six months and to a fine (multa) not exceeding eleven thousand and six hundred and forty-six euro (11,646) or to both such fine and imprisonment:

Provided that in the case of a second conviction the penalty shall be not less than a fine (multa) of two thousand and three hundred and twenty-nine euro (2,329) and in the case of a third and subsequent conviction the penalty shall be not less than a fine (multa) of eleven thousand and six hundred and forty-six euro (11,646): Provided further that in the case of a continuing offence there shall be awarded in addition an additional fine (multa) of not more than two hundred and thirty-two euro (232) for each day during which the offence has continued.

(2) It shall be the duty of every person who owns or otherwise has in his possession any equipment or other movable thing whatsoever that may be used for the purposes of broadcasting to ensure at all times that such equipment is not used in the making of any broadcast in contravention of the provisions of this Act, and without prejudice to the provisions of any other law relating to forfeiture, any equipment or other movable things whatsoever, whether of the same kind or not, kept or used for or in connection with the provision of broadcasting services in contravention of any of the provisions of this Act or the making of any broadcast in contravention of any of the provisions of this Act, shall be forfeited in favour of the Government, and such forfeiture shall be ordered by the court in any case and whether or not such equipment, or thing are the property of, or are kept or used by, the person convicted or are the property of or are kept or used by any other person whatsoever.

(3) For the purposes of sub-article (1) a broadcasting contract as is referred to in article 3(4) shall be deemed to be a licence granted under this Act.

(4) Where an offence against this Act is committed by a body corporate, any person who at the time of the commission of the offence was a director, manager, secretary, or other similar officer of the body corporate, or was purporting to act in any such capacity, shall be deemed to be guilty of that offence, unless he proves that the offence was committed without his consent or connivance and that he exercised all such diligence to prevent the commission of the offence as he ought to have exercised having regard to the nature of his functions in that capacity and to all the circumstances.