Receba no seu e-mail

Voltar

Leis no mundo

Finlândia 2

UNOFFICIAL TRANSLATION

 

Act

on Television and Radio Operations

(744/1998; amendments up to 394/2003 included)
___________

Chapter 1

General provisions

Section 1

Objectives of the Act

The objective of this Act is to promote television and radio broadcasting.

Section 2

Definitions

In this Act:

1) television broadcasting shall refer to the initial transmission or provision by wire or over the air, including that by satellite, in unencoded or encoded form, of television programmes intended for reception by the public;

2) radio broadcasting shall refer to the initial transmission or provision by wire or over the air, including that by satellite, in unencoded or encoded form, of sound radio programmes intended for reception by the public;

3) television broadcaster shall refer to a party who has editorial responsibility for the composition of the television programmes referred to in subparagraph 1 and who transmits television programmes or has them transmitted by a third party;

4) radio broadcaster shall refer to a party who has editorial responsibility for the composition of the radio programmes referred to in subparagraph 2 and who transmits sound-radio programmes or has them transmitted by a third party;

5) programme shall refer to pre-selected composition of television or radio programmes;

6) public shall refer to a freely composed group of receivers of programmes as well as to a pre-determined group of a considerable size of receivers of a message;

7) an independent producer shall refer to a producer of television programmes of the share capital of whom an individual television broadcaster controls at most 25 % or several television broadcasters at most 50 %, and who, during the past three years, has produced no more than 90 % of its programmes for the same television broadcaster;

8) television and radio advertising shall refer to any form of announcement in television and radio broadcasting in return for payment or for other consideration by a public or private undertaking in connection with a trade, business, craft or profession in order to promote the supply of goods or services, including immovable property or rights and obligations, or in order to promote its own operations;

9) sponsorship shall refer to any contribution made by a public or private undertaking not engaged in television or radio broadcasting or in the production of audiovisual works, to the financing of television programmes transmitted in television or radio broadcasting with a view to promoting its name, its trade mark, its image, its activities or its products; and

10) teleshopping shall refer to direct offers broadcast to the public with a view to the supply of goods or services, including immovable property, rights and obligations, in return for payment.

Section 3

Scope of application

This Act shall apply to television broadcasting carried out by a natural person or an organization or foundation established in Finland if the operations are carried out in one or more Member States of the European Economic Area or States party to the European Convention on Transfrontier Television (Finnish Treaty Series 1994/87), as well as in cases referred to in section 38 to the retransmission of television and radio programmes. (394/2003)

This Act shall apply to radio broadcasting if a radio frequency granted by Finland or a distribution network established in Finland is used in the operations.

This Act shall not apply to television or radio broadcasting in the Province of Åland.

Section 4 (394/2003)

Restrictions in the scope of application

With the exceptions of sections 19 and 38, this Act shall not apply to:

1) operations where the transmissions may be received only in an educational unit, a hospital, a hotel, a department store or corresponding activity forming part of the operations;

2) operations in telecommunications networks through which programmes can simultaneously be followed via no more than 2,000 subscriptions; or

3) temporary analogue operations by means of freely propagating radio waves for a maximum period three months, if the used television transmitter’s radiation power does not exceed 1 kilowatt or radio transmitter’s radiation power 50 watt.

Sections 10, 11, 13 (1-2), 14, 16 and 17 shall not apply to television and radio broadcasting referred to in section 7 (2-3).

Section 5

Establishment

A television broadcaster shall be deemed to be established in Finland if the broadcaster has its head office in Finland and if the editorial decisions about programmes are taken in Finland.

A television broadcaster shall be deemed to be established in Finland also in the following cases:

1) if the broadcaster has its head office or if editorial decisions about programmes are taken in another State belonging to the European Economic Area or a State which is a party to the European Convention on Transfrontier Television, and if a significant part of the workforce is in Finland;

2) if a significant part of the workforce works in more than one State belonging to the European Economic Area or a State which is party to the European Convention on Transfrontier Television, and the television broadcaster has its head office in Finland;

3) if neither the part of the workforce working in a State belonging to the European Economic Area nor in a State which is party to the European Convention on Transfrontier Television is significant but the television broadcasting was first started in accordance with chapter 2 of this Act and the broadcaster has activities of economic significance in Finland; or

4) if the television broadcaster has its head office in a State belonging to the European Economic Area or in a State which is party to the European Convention on Transfrontier Television but the decisions on the programmes are made in a third country, or vice-versa, if a significant part of the workforce works in Finland.

Section 6 (394/2003)

Establishment in certain exceptional cases

A television broadcaster that is not established in a State belonging to the European Economic Area or a State party to the European Convention on Transfrontier Television, shall be deemed to be established in Finland, if it:

1) uses a radio frequency granted under the laws of Finland;

2) does not use a radio frequency granted under the laws of Finland but uses a satellite capacity appertaining to a Finnish undertaking; or

3) neither uses a radio frequency granted by Finland nor a satellite capacity appertaining to a Finnish undertaking but uses a satellite link-up situated in Finland.

 

Chapter 2

Television and radio broadcasting

Section 7 (394/2003)

Right to television and radio broadcasting

A licence for television or radio broadcasting operations in a terrestrial mass communications network referred to in section 2 of the Communications Market Act (393/2003) shall be applied for from the Government (programme licence) with the exceptions referred to in paragraphs 2 and 3.

A licence for radio broadcasting in analogue terrestrial mass communications network referred to in section 2 of the Communications Market Act that will last no longer than three months shall be applied for from the Finnish Communications Regulatory Authority. The Finnish Communications Regulatory Authority shall grant a licence, if adequate frequencies can be assigned for the operations and there is no justified reason to suspect the applicant of violating the provisions of this Act or some other Act on television and radio broadcasting.

A licence for television or radio broadcasting operations in a digital terrestrial mass communications network referred to in section 2 of the Communications Market Act (393/2003) shall be applied for from the Finnish Communications Regulatory Authority, if

1) the operations do not last more than three months; or

2) weekly operations do not last more than four hours.

The Finnish Communications Regulatory Authority shall grant a licence for the operations referred to in paragraph 3, if there is no justified reason to suspect the applicant of violating the provisions of this Act or some other Act on television and radio broadcasting.

Section 7 a (394/2003)

Right of the Finnish Broadcasting Company Ltd to television and radio broadcasting

The Finnish Broadcasting Company Ltd shall have the right to carry out analogue public service television and radio broadcasting without a licence on the frequencies that have been reserved for its use in the utilisation plan referred to in section 6 of the Radio Act (1015/2001).

The Finnish Broadcasting Company Ltd shall have the right to carry out digital public service television and radio broadcasting without a licence. It is the Government’s duty to oversee that the company will have adequate terrestrial television and radio network capacity necessary for the broadcasting and that the company is able to use it appropriately. Further provisions on a telecommunications operator’s duty to reserve adequate capacity as mentioned above are issued in section 10(3) of the Communications Market Act.

 

Section 7 b (394/2003)

Notification to the Finnish Communications Regulatory Authority

A notification in accordance with section 15 (1) shall be submitted prior to the commencement of the operations to the Finnish Communications Regulatory Authority on television and radio broadcasting other than that referred to in sections 7 and 7a.

Section 8 (repealed by 2001/1016)

 

Section 9 (394/2003)

Licensing authority

A licence referred to in section 7(1) shall be declared open for applications and granted by the Government. A licence referred to in section 7(2-3) shall be granted by the Finnish Communications Regulatory Authority. The Finnish Communications Regulatory Authority shall not have to declare the licence open for applications.

Section 10

Conditions for granting a licence

When declaring licences open for application and granting them, the licensing authority shall, taking into consideration the television broadcasting and radio broadcasting of the area in question as a whole, aim at promoting freedom of speech as well as safeguarding the diversity of the provision of programmes as well as the needs of special groups of the public.

A licence may be granted to a natural person, an organization or a foundation that is solid and evidently has the capability to maintain regular operations in accordance with the licence.

Section 10 a (394/20