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Eslováquia 308

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Act No. 308

of 14th September, 2000

 

on Broadcasting and Retransmission and

on Amendments of Act No. 195/2000 Coll. on Telecommunications


as changed by
- the Act No. 147/2001 Coll. on Advertising and on change and amendment of some acts (in force from 1 May, 2001)
- the Act No. 206/2000 Coll. on Amendment of the Act No. 308/2000 Coll.... (in force from 8 May, 2002)

The National Council of the Slovak Republic has adopted the following act:

PART ONE

INTRODUCTORY PROVISIONS

 

§ l

Matter of legislation

 

This act shall govern
a) the status and competence of the Council for Broadcasting and Retransmission (further only "Council"),
b) the rights and duties of broadcaster, retransmission operator and legal persons or natural persons mentioned in § 2 paragraphs 2 and 4.

 

§ 2

The scope of the act

(1) This law shall apply to:
a) a broadcaster who has permission authority for broadcasting by law 1) (further only "public service broadcaster"),
b) a broadcaster who has permission for broadcasting on the basis of a licence according to this act (further only "broadcaster with a licence" or "licensed broadcaster"),
c) an operator of retransmission who obtained permission for retransmission according to this act.

(2) This law shall also apply to natural or legal persons who are not broadcasters according to paragraph 1 a) and b), if they have their head of office or head of office of their organisational structure unit
a) in the Slovak Republic but decisions on the composition of their programme service are taken in a Member State of the European Union, and if they employ in the Slovak Republic a major part of their employees whose work activity is directly connected with broadcasting,
b) in a Member State of the European Union, but decisions on the composition of their programme service are taken in the Slovak Republic and if they employ in the Slovak Republic a major part of their employees whose work activity is directly connected with broadcasting,
c) in the Slovak Republic, but decisions on the composition of their programme service are taken in a country which is not a member of the European Union and if they employ in the Slovak Republic a major part of their employees whose work activity is directly connected with broadcasting.

(3) Provision of the paragraph 2 shall apply only if an international treaty published in the Collection of Laws of the Slovak Republic, by which the Slovak Republic is bound, does not state otherwise.

(4) This law shall also relate to natural and legal persons who are not broadcasters pursuant to paragraph 1 letters a) and b), paragraph 2 doesn´t apply to them and who are not considered to be established in the member state of European Union or in the contracting party of the European Convention on Transfrontier Television 8), if
a) they use the frequency 8) allocated to the Slovak Republic,
b) they don´t use a frequency allocated to the Slovak Republic, to the member state of the European Union or to the contracting party of the European Convention on Transfrontier Television, but use the satellite capacity of the Slovak Republic,
c) they use neither a frequency allocated to the Slovak Republic, to the member state of the European Union or to the contracting party of the European Convention on Transfrontier Television, 8) nor the satellite capacity of the Slovak Republic, of the member state of the European Union or of the contracting party of the European Convention on Transfrontier Television, 8) but they use a satellite up-link broadcast situated in the Slovak Republic.

§3

Definition of certain notions

For the purposes of this act
a) broadcasting is the spreading of original coded or uncoded radio programme services or television programme services as well as other sound, visual or audio-visual information including teletext via public telecommunication networks 3) or telecommunication equipment 4) determined for reception by the public; broadcasting does not include communication services directed to providing information or other communications on the basis of individual demand or broadcasting via Internet,
b) a broadcaster is a natural or legal person who has editorial responsibility for the composition and content of a programme service, which is broadcast by him or has it transmitted in a complete and unchanged form by a third party,
c) retransmission is reception and simultaneous transmitting of complete and unchanged original programme services or other sound, visual or audio-visual information of broadcaster destined for public reception, realised by means of telecommunication networks or devices, or by means of other technological system for reception and simultaneous broadcasting of programme services,
d) the basic programme offer is a set of programme services provided by the operator of the retransmission for the lowest possible price,
e) the programme service is a purposed time-arrangement of programmes and other elements of this service which form a closed unit provided to the public by the broadcaster,
f) a programme is an audio or audio-visual communication, which in its content, form and function forms a closed unit; it is the basic unit of the broadcast programme service and may not be interrupted unless this law states otherwise,
g) a programme network is the joint arrangement of a programme service or of mutually selected programmes and their simultaneous transmission in unchanged form by two or more broadcasters,
_______________________________________________________________
1) Act of the Slovak National Council No. 254/1991 Coll. on Slovak Television, as amended by later regulations.
Act of the Slovak National Council No. 255/1991 Coll. on Slovak Radio, as amended by later regulations
2) Act No. 195/2000 Coll. on Telecommunications
3) §4 paragraph 5 of Act No. 195/2000 Coll.
4) §3 paragraph 1 of Act No. 195/2000 Coll.


h) a programme in the public interest is a programme aimed at the satisfaction of the informational and cultural needs of listeners or viewers on the territory covered by the signal of the broadcaster; it is primarily
  1. a programme for minors aimed at educational, upbringing and informational   purposes,
  2. news,
  3. a programme aimed at educating and training, science and research,
  4. a programme which provides legal and other information, supports a healthy   life-style, the protection of nature, the protection of environment, the protection   of life, health and property, and road safety,
  5. a programme, which presents culture, with emphasis on the Slovak national   culture and the culture of national minorities and ethnic groups, their life and   opinions,
  6. a programme, which presents religious activities,
  7. a programme, which, is determined for groups of citizens in social need 5),
i) a teletext is a digital data broadcast service within the television signal structure aimed primarily at the two-dimensional screening of text or picture reconstructed from encoded data on the screen of specially equipped television receivers,
j) a videotext is a text on the screen usually spread at the beginning of the broadcast of a television programme service, at its ending, or between individual programmes which usually contains information on the broadcaster and the programme service; also includes spreading textual information in local broadcasting,
k) the time extent of a broadcast is the totality of broadcast time of the individual programmes and additional broadcasting which relates to the programme service; it does not include monoscope, technical break and other messages, which are not related to the programme service,
l) terrestrial broadcasting is broadcasting carried out by the telecommunication equipment placed on the earth,
m) full-range broadcasting is broadcasting which covers the whole territory of the Slovak Republic and which can be received by more than 80% of its inhabitants,
n) multiregional broadcasting is broadcasting which covers several regions and which can be received by more than 30% and less than 80% of the inhabitants,
o) regional broadcasting is broadcasting which covers a region larger than the cadastral territory of a community and can be received by less than 30% of inhabitants,
p) local broadcasting is broadcasting the reception of which is usually geographically limited to a community and reception of which area does not include more than 100,000 inhabitants and, if it concerns a town, more than 200,000 inhabitants; broadcast programmes are aimed at local information environment or sources and on the issues of common interest, while creating and deepening internal relations of any given community, and leading to a maintaining of the feeling of identification with the community,
r) property connection is a greater than 25% share in the issued capital of a second person, or more than a 25% share in the announcing rights of a second person as well as mutually between close persons 6),
s) personal connection is a part in the administration or in the control of a second person, and this also through a close person or a member of a commercial company and their close persons 6).
___________________________________________________________
5) § 10 Act No. 195/1998 Coll. on Social Aid
6) § 116 of the Civil Code

 

PART TWO

COUNCIL

 

§ 4

The objective and status of Council

(1) The objective of a Council shall be to enforce the interests of the public in the exercise of the rights to information and freedom of speech, and rights of access to cultural values and education, and to perform state regulation in the areas of broadcasting and retransmission.

(2) The Council shall pursue the maintenance of plurality of information in the news programmes of the broadcasters broadcasting on the basis given by law or on the basis of a licence according to this law. It shall supervise the compliance with legislation governing broadcasting and retransmission, and perform state administration in the area of broadcasting and retransmission to the extent determined by this act.

(3) The Council shall be a legal person with its seat in Bratislava. Within the performance of the state administration in the area of broadcasting and retransmission, it has the status of a state administration authority with national wide activity to the extent determined by this act and special regulations 7).

(4) The activity of the Council resulting from its objective (paragraphs 1 and 2) and from its competence (§5) shall be performed by the members of the Council; the tasks related to the activity of the Council are performed by employees of the Office of the Council for broadcasting and retransmission (further only "office").

§ 5
The competence of Council

(1) To the competence of the Council in the area of performing state administration shall belong
a) deciding on the licences for broadcasting (further only "licence"),
b) deciding on the registrations for retransmission,
c) deciding on the suspension of retransmission of a programme service,
d) deciding on granting further frequencies to public service broadcasters,
e) beginning proceedings on granting licences for terrestrial broadcasting,
f) granting agreement to a public service broadcaster on broadcasting by satellite,
g) supervision of the fulfilment of duties according to this law and special regulations 7),
h) imposing sanctions on a broadcaster and operator of retransmission and on those who broadcast or operate retransmission without authorization,
i) determining time periods for the regulation of legal relations of broadcasters,
j) keeping a record of requests for granting licences (further only "request for a licence"), of granted licences, including their changes, of requests for registration of retransmission and of registrations of retransmission, including their changes,
k) elaborating plans for using the frequency spectrum for broadcasting in cooperation with the appropriate bodies of the state administration for telecommunications,
________________________________________________________________
7) For example Act of the National Council of the Slovak Republic No. 80/1990 Coll. on Elections to the National Council as amended, Act of the Slovak National Council No. 346/1990 Coll. on Elections to Community Local Administration Bodies as amended, Act No. 46/1999 Coll. on the way of electing the President of the Slovak Republic, on Public Voting on his Impeachment and on the completion of some other laws.

l) elaborating statistics on broadcasting programmes with emphasis on the statistic of broadcasting of European works and independent productions on the basis of broadcasters' documentation,
m) requesting broadcast records from broadcasters in the case of need.

(2) To the Council's competence also belong
a) supervision of the compliance with the European Convention on Transfrontier Television 8) and representing the Slovak Republic in the Standing Committee for Transfrontier Television of the Council of Europe,
b) participating in the creation of laws and other generally binding legislation in the area of broadcasting and retransmission,
c) expressing itself on proposals to sign international treaties in the area of broadcasting and retransmission, on their fulfilment, on proposing signing international treaties, international conventions and other international legal acts or accession to them,
d) taking part in the exchange of information and cooperating with international organizations or bodies of other countries which operate in the area of broadcasting and retransmission,
e) determining in cooperation with the Telecommunication Office Board of the Slovak Republic a broadcast conception in the area of using frequencies for public service broadcasters and broadcasters by licence,
f) warning the Slovak Television Council 9) and Slovak Radio Council 10) on the infringement of duties of public service broadcasters under this law,
g) conducting a statistical survey on Slovak Republic territory coverage by radio signals and television signals, and on the number of inhabitants who receive radio signals and television signals emitted by broadcasters by licence,
h) presenting to the National Council of the Slovak Republic (further only "National Council") an annual report on the state of broadcasting and on their activities, within 90 days of the end of the calendar year,
i) determining unified system of programme marking in broadcasting of television programme service and terms of its application,
j) elaborating a list of all broadcasters of television programme service with respect of access of the public to their broadcasting,
k) elaborating a list of significant events in collaboration with the Ministry of Culture of the Slovak Republic and the Ministry of Education of the Slovak Republic, the right holders and the broadcasters.
___________________________________________________________________
8) Announcement of the Ministry of Foreign Affairs of the Slovak Republic No. 168/1998 Coll. on signing the European Convention on Transfrontier Television
9) § 7 of Act of the Slovak National Council No.254/1991Coll.
10) § 7 paragraph 1of Act of the Slovak National Council No.255/1991Coll.

 

(3) The Council shall have the duty
a) to present information to the National Council on the state of broadcasting and Council's activities upon request of the National Council,
b) to publish through its internet pages, the periodical press 11) and press agency a summary of valid licences and registrations for retransmission, the state of usage of the frequency spectrum and a summary of free broadcasting frequencies,
c) to present to the respective committee of the National Council for review the proposals of status of the Council, standing order and their changes which are presented by this committee for approval to the Chairman of the National Council,
d) to propose its budget and a closing account to the National Council Committee and to the Ministry of Finance of the Slovak Republic,
e) to fulfil other tasks given by special regulations 7),
f) to provide information according to special regulation 12).

§ 6
Council composition

(1) A Council has nine members who are elected and recalled by the National Council.

(2) The National Council Committee may be presented with proposals for candidates of Council membership by members of the Parliament, professional institutions and civil associations operating in the areas of audio-visual, mass information means, culture, science, education, sport, registered religious and church societies 13), and civil associations of citizens with health handicaps through the Coordinating Committee for Issues of Health Handicapped Citizens of the Slovak Republic.

(3) The Council elects a Chairman and Vice-chairman of the Council from its members.

(4) If a Chairman is not elected, the Vice-chairman performs his activities to the full extent.

§ 7
Council membership


(1) As a Council member can be elected a citizen of the Slovak Republic with his permanent residence on the territory of the Slovak Republic, who has reached the age of 25, has the right to legal actions in their full extent and is blameless; as blameless is considered someone who has not been convicted by law of a deliberate criminal act, blameless is shown by an extract from the Criminal Register 14).

(2) The function of the member of the Council shall not be compatible with the function of President of the Slovak Republic, a National Council deputy, a member of the government of the Slovak Republic, a Ministry state secretary or board director, the director of other central body of the state administration or its statutory representative, an employee of a state administration body, a mayor, a judge, a prosecutor, a member of the Slovak Television Council 9) or of the Radio Council 10).
________________________________________________________________
11) Act No. 81/1996 Coll. on Periodic Press and other Mass Information Means, as amended by later regulations
12) Act No.211/2000 Coll. on Free Access to Information
13) Act No. 308/1991 Coll. on Religious Freedom and the Status of Churches and Religious Societies
14) Act of the National Council of the Slovak Republic No. 273/1993 Coll. on Criminal Register.


(3) A Council member must not
a) hold a function in a political party or a political movement, appear in its name or act for its benefit,
b) be the publisher of a periodic press, a broadcaster, operator of retransmission or a member of a statutory body, an administration body, a control body, a statutory body or the employee of these persons; this restriction applies also to persons close 6) to Council members,
c) have a share in the basic equity, or a share in the voting rights of a person who is the broadcaster or operator of retransmission; this restriction applies also to persons close 6) to Council members,
d) be a member of the statutory body, managing body or control body or statutory body of a person who provides services connected to the creation of programmes, advertisements or technical preparation of broadcasting and retransmission,
e) provide the broadcaster or operator of retransmission direct or mediated counsel or a specialist service or aid for pay or any other counter value.

(4) A function of the member of the Council is a public function. The function of the Chairman of the Council is incompatible with other legal relation or occasional legal relation; this restriction does not apply to scientific, pedagogical, public relations, literary or artistic activity. Other members of Council may perform their function as a single activity or alongside a legal relation, while obeying the restrictions of paragraphs 1 to 3.

§ 8
Term of office of Council members


(1) The term of office of Council members shall be six years. A Council member may be elected for maximum of two terms of office.

(2) The Council shall be renewed by one-third every two years.

(3) New Council members shall be elected for places freed by the completion of terms of office. For places