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Federal Act on the Austrian Broadcasting Corporation (ORF Act)

Federal Law Gazette No. 379/1984 as amended by Federal Law Gazette I No. 83/2001

(Non-official consolidated version)

effective as from 1 January 2002

Federal Act on the Austrian Broadcasting Corporation (ORF Act)

Part 1

Establishment and tasks of the "Oesterreichischer Rundfunk" (Austrian Broadcasting Corporation)

Foundation "Austrian Broadcasting Corporation"

Section 1. (1) The purpose of this federal act is to establish a foundation under public law with the

name of ''Oesterreichischer Rundfunk'' (Austrian Broadcasting Corporation). The foundation has its

business seat in Vienna and is a legal entity.

(2) The aim of the foundation is to comply with the public mandate of the Austrian Broadcasting

Corporation within the scope of its corporate objectives (Section 2). The public mandate includes the duty

to provide services under Section 3, the duty to broadcast programmes under Section 4 and special duties

under Section 5.

(3) In compliance with its mandate, the Austrian Broadcasting Corporation shall take into account

the principles of Austrian constitutional law, especially with regard to the country’s federal structure

pursuant to the principle of equal treatment for all States (Laender), and the principle of freedom of the

arts, and shall further ensure an objective and unbiased nature of news coverage, due regard for the

diversity of opinions and a well-balanced focus of programmes, to protect the independence of persons

and organs of the Austrian Broadcasting Corporation entrusted with the fulfilment of the duties of the

Austrian Broadcasting Corporation in accordance with the provisions of this Federal Act.

(4) To the extent that it engages in activities under the public mandate, the Austrian Broadcasting

Corporation is a non-profit undertaking; it must be registered in the company register of the Vienna

Commercial Court and is considered a business entity within the meaning of the Austrian Commercial

Code.

Business objective and financing of activities

Section 2. (1) The business objective of the Austrian Broadcasting Corporation, unless otherwise

specified in this Federal Act, comprises the following:

1. the organisation of broadcasting programmes,

2. the performance of online and teletext services related to activities under sub-paragraph 1

and the operation of technical installations required for the activities under this subparagraph

and sub-paragraph 1,

3. all reasonable business transactions and measures required for the performance of activities

under sub-paragraphs 1 and 2 or for the marketing of these activities.

(2) The Austrian Broadcasting Corporation is authorized to establish branch offices in Austria and

abroad and to found subsidiaries and hold shares in other companies in Austria and abroad, if the latter

pursue the same business objective or if this is required by the business objective stated in paragraph 1.

The Austrian Broadcasting Corporation is also authorized for investment purposes to acquire shares of

companies with a different business objective, provided that the share in such companies does not exceed

25%.

(3) Any activities under the business objective that go beyond the Austrian Broadcasting

Corporation’s service provision mandate (Section 3), programming mandate (Section 4) or special

mandates (Section 5) must be separated in organisational and financial terms from activities performed in

the framework of the service provision mandate and may be for profit on the condition that they are not

funded from the programme revenue (Section 31).

(4) Contractual cooperation between the Austrian Broadcasting Corporation and other enterprises

must be in compliance with non-discriminatory conditions.

Service provision mandate

Section 3. (1) The Austrian Broadcasting Corporation, together with all regional studios, must

provide

1. three nation-wide and nine region-wide radio programmes, and

2. two nation-wide television programmes.

The Austrian Broadcasting Corporation must ensure that, subject to technical development and

economic feasibility, all inhabitants of the national territory who are authorised to operate a radio or