- CHAPTER I Definitions
- CHAPTER II Jurisdiction
- CHAPTER III Broadcast license
- CHAPTER IV Obligations of broadcasters
- Article 7 Programme offer
- Article 8 Voice-over and subtitles in Icelandic
- Article 9 Democratic principles
- Article 10 Programmes created by independent producers
- Article 11 Right of reply
- Article 12 Appeals pursuant to Articles 9 and 11
- Article 13 Obligations relating to public interest
- Article 14 Protection of minors against unauthorised programme material
- CHAPTER V Broadcasters' revenues
- CHAPTER VI Advertising, teleshopping and sponsorship
- Article 16 General principles
- Article 17 Broadcast time reserved for advertising and teleshopping spots
- Article 18 Restrictions on advertising time on television
- Article 19 Special provisions on teleshopping windows
- Article 20 The protection of minors against inappropriate advertising
- Article 21 Sponsorship
- CHAPTER VII Access to public telecommunications networks
- CHAPTER VIII Limitations on exclusive broadcasting rights
- CHAPTER IX Responsibility for broadcast material
- CHAPTER X Sanctions
- CHAPTER XI Miscellaneous provisions
- CHAPTER XII Amendments to other Acts
- Temporary provisions
Broadcasting Act
No. 53, May 17 2000.
Broadcasting Act
CHAPTER I
Definitions
Article 1
Definitions
For the purposes of this Act:
a. 'Broadcasting', by radio or television, refers to any transmission of programme material within the area of Icelandic jurisdiction, whether in the form of speech, music or images, that is intended for direct reception by the general public and distributed by means of electromagnetic waves, by wire or over the air, in encoded or unencoded form;
b. 'Broadcaster' means the natural or legal person who has been granted a broadcast license and who has the editorial responsibility for the composition of schedules of broadcasting programmes within the meaning of points (a) and (c) and who transmits them or has them transmitted by a third party;
c. 'Programming' includes the material broadcast in its entirety;
d. 'Advertising' means any form of announcement broadcast whether in return for payment or for self-promotional purposes by the broadcaster and involving the promotion of a product or service;
e. 'Surreptitious advertising' means the display or other representation in words or pictures of goods, services, the trade mark or the activities of a producer of goods or a provider of services in programmes outside advertising slots when such representation is intended by the broadcaster to serve advertising and to deceive the public in this respect;
f. 'Sponsorship' means any contribution made by a legal or natural person to the financing of broadcasting programmes or their distribution with a view to promoting its name, its trade mark, its image, its activities or its products;
g. 'Teleshopping' means direct offers televised to the public with a view to the supply of goods or services in return for payment. Teleshopping in this case includes immovable property as well as rights and obligations connected with such transactions;
h. 'Encoded transmission' means the transmission of a radio or television broadcast intended for reception by the public the audio or video signals of which have been modified in order to grant access to the broadcast only to those who have paid for it (subscribers);
i. 'Decoder' means a device that, by itself or together with other equipment, is intended to allow access to the content of an encoded transmission.
CHAPTER II
Jurisdiction
Article 2
Jurisdiction over television broadcasters
This Act shall apply to those transmissions of television programmes that can be received in Iceland and/or other States bound by the Agreement on the European Economic Area ('EEA States'), cf. Act No. 2/1993, as amended, and where the television broadcaster concerned:
a. is established in Iceland in accordance with the definition in the third paragraph of this Article;
b. is established neither in Iceland nor in another EEA State, but uses a frequency granted in Iceland;
c. is established neither in Iceland nor in another EEA State, does not use a frequency granted in Iceland or in another EEA State, but does use a satellite capacity appertaining to an Icelandic party;
d. is established neither in Iceland nor in another EEA State, does not use a frequency granted in Iceland or in another EEA State, does not use a satellite capacity appertaining to Iceland or a party in another EEA State, but does use a satellite up-link situated in Iceland;
e. is established neither in Iceland nor in another EEA State, does not use a frequency granted in Iceland or in another EEA State, does not use a satellite capacity appertaining to an Icelandic party or a party in another EEA State, does not use a satellite up-link situated in Iceland or in another EEA State, but is deemed to be established in Iceland in accordance with the Agreement on the European Economic Area, in particular Part III, Chapter 2 on the right of establishment.
Furthermore, this Act shall apply to any party who has established itself in another EEA State in order to circumvent Icelandic legislation, provided that the activities are primarily directed towards Icelanders and the Icelandic market.
A television broadcaster shall be deemed to be established in Iceland pursuant to this Act, in particular point (a) of the first paragraph, in the following cases:
a. The television broadcaster has its head office in Iceland and the editorial decisions about programme schedules are taken in Iceland;
b. If the television broadcaster has its head office in Iceland but editorial decisions on programme schedules are taken in another EEA State, it shall be deemed to be established in Iceland if a significant part of the workforce involved in the pursuit of the television broadcasting activity operates in Iceland; although a significant part of the workforce involved in the pursuit of the television broadcasting activity also operates in another EEA State, the broadcaster shall be deemed to be established in Iceland if its head office is in Iceland; although a significant part of the workforce involved in the pursuit of the television broadcasting activity operates neither in Iceland nor in another EEA State, the broadcaster shall be deemed to be established in Iceland if it first began broadcasting in accordance with a broadcast license granted under Icelandic legislation, provided that it maintains a stable and effective link with the Icelandic economy;
c. If a television broadcaster has its head office in Iceland but decisions on programme schedules are taken outside the EEA, or vice versa, it shall be deemed to be established in Iceland, provided that a significant part of the workforce involved in the pursuit of the television broadcasting activity operates in Iceland.
Article 3
Jurisdiction over radio broadcasters
This Act shall apply to radio transmissions where the broadcaster uses a frequency granted by Icelandic authorities or a network situated in Iceland.
Article 4
Transmissions not covered by the Act
The provisions of this Act shall not apply to the transmission of broadcasting programmes that are intended for local audiences only and restricted to buildings or houses on a continuous piece of land, such as individual dwellings, hospitals, hotels, schools and factories.
Article 5
Suspension of retransmissions of television broadcasts from EEA States
Notwithstanding the provisions of Article 2 and the obligation of the Icelandic State to ensure freedom of reception of television broadcasts from other EEA States, the Broadcast Licensing Committee may suspend television broadcasts from other EEA States if the following conditions are fulfilled:
a. The broadcast manifestly, seriously and gravely infringes the provisions of Article 14 of this Act or is believed otherwise to have a potential to seriously impair the physical, mental or moral development of minors, in particular programmes that involve pornography or gratuitous violence, or the broadcast is considered to be a potential incitement to hatred on grounds of race, sex, religion or nationality;
b. During the previous 12 months, the broadcaster has infringed the provisions referred to in point (a) on at least two prior occasions;
c. The Broadcast Licensing Committee has notified the broadcaster and Icelandic authorities have notified the EFTA Surveillance Authority or the EU Commission, as appropriate, in writing of the alleged infringements and of the measures they intend to take should any such infringement occur again;
d. Consultations with the transmitting State and the EFTA Surveillance Authority or the EU Commission, as appropriate, have not produced an amicable settlement within 15 days of the notification provided for in point (c), and the alleged infringement persists.
CHAPTER III
Broadcast license
Article 6
Broadcast license
Broadcasts originating in Iceland are subject to a license issued by the Broadcast Licensing Committee, unless otherwise provided in Icelandic legislation, in particular the Icelandic National Broadcasting Service Act.
The Minister of Education, Culture and Science shall appoint three members to the Broadcast Licensing Committee for a term of four years and an equal number of alternate members. Two members shall be appointed pursuant to the nomination of the Supreme Court and one member shall be appointed without nomination to serve as chairman of the committee. Alternates shall be appointed in the same manner, and the alternate for the chairman shall serve as vice-chairman. Committee members and their alternates shall meet the eligibility requirements of district court judges. The Committee may, at its discretion, summon experts to provide advice and assistance as needed.
The Broadcast Licensing Committee may grant legal and natural persons a temporary broadcast license. Licenses for radio broadcasts can be granted for a maximum of five years at a time and for television broadcasts for a maximum of seven years at a time. The period of validity of broadcast licenses shall be further provided for in a regulation. Licenses may be restricted to limited areas.
Broadcast licenses in Iceland shall be subject to the following general conditions:
a. The licensee shall be established in an EEA State. Authorisations for the operation of broadcasting stations granted to foreign, non-EEA, parties or to Icelandic legal persons in which such a party holds a share fall within the scope of the Act on Foreign Investment in Business.
b. The Post and Telecom Administration shall assign frequencies, in accordance with international agreements, to those parties who have been granted a broadcast license, and shall thereby specify any technical characteristics in accordance with regulations and international agreements, in particular with regard to frequency and radiated power. The direct, full-length and unaltered retransmission of the entire programming of foreign television stations shall only be permitted by means of wire and/or microwave.
c. Broadcasters shall inform the Broadcast Licensing Committee of their prospective programme policies, as well as of any envisaged major changes of previously announced programming.
d. Prior to commencing operation the persons responsible for the broadcasting station shall communicate to the Broadcast Licensing Committee the identity of the Managing Director responsible for all broadcast material pursuant to Chapter IX of this Act. Any changes in that respect shall be notified to the Broadcast Licensing Committee.
e. Prior to commencing operation the persons responsible for the broadcasting station shall communicate its call sign to the Broadcast Licensing Committee.
f. The broadcaster's operations, accounting and finances shall be kept separate from other operations and finances of the licensee. The Broadcast Licensing Committee may, where this is deemed necessary, require broadcasters to submit information from their book-keeping and accounts to determine whether the provisions of laws or regulations or the conditions of the license have been violated. The Committee shall appoint a special representative who shall collect and examine such documents on behalf of the committee. Members, employees and representatives of the Committee shall be bound by an obligation of confidentiality regarding any information that is to be kept secret.
g. Where a broadcaster has not commenced broadcasts eight months after the date of issue of the license granted by the Broadcast Licensing Committee, the license automatically expires. If broadcasts have been terminated and are not recommenced within four months, the license is considered to have expired automatically.
h. A broadcast license may not be transferred, leased or otherwise assigned to another party. If a licensee is declared bankrupt, the license expires immediately.
The Broadcast Licensing Committee oversees that rules pursuant to broadcast licenses are complied with and otherwise supervises the implementation of this Act, including the supervision of any broadcasts under Icelandic jurisdiction in accordance with Articles 2 and 3 of this Act. The Broadcast Licensing Committee may require television broadcasters to submit an attestation by an approved certification body of their reports on the transmission of European programme material pursuant to Article 7 and of material produced by independent producers pursuant to Article 10. The Post and Telecom Administration supervises the technical characteristics of transmissions.
Decisions of the Broadcast Licensing Committee pursuant to this Act constitute final administrative rulings and cannot be the subject of an administrative appeal.
The cost of operation of the Broadcast Licensing Committee shall be borne by the Treasury.
CHAPTER IV
Obligations of broadcasters
Article 7
Programme offer
Broadcasters shall strive for general cultural advancement and strengthen the Icelandic language. Nevertheless, licenses to broadcast in other languages than Icelandic may be granted in special cases.
Television broadcasters shall make every effort to ensure that the greater part of their transmission time is reserved for Icelandic and other European material. 'Transmission time' in this context refers to the total transmission time of television broadcasters with the exception of time devoted to news, sports events, games, advertising, text television services and teleshopping.
A more detailed definition of European programme material shall be laid down in a regulation.
Article 8
Voice-over and subtitles in Icelandic
Televised programme material in a foreign language shall always be accompanied by Icelandic voice-over or subtitles, as appropriate. However, this shall not apply to the lyrics of foreign songs or to live transmissions via satellite and a receiving station of news and current affairs programmes dealing principally with events as they take place. In such case the television broadcaster shall, whenever possible, provide a recapitulation or presentation in Icelandic of the events taking place. Every effort shall be made to ensure that the voice-over and subtitles are always in correct Icelandic.
The provisions of this article shall not apply to the retransmission from foreign television stations in the case of direct, full-length and unaltered retransmission of the entire programming of television stations. Further, these provisions shall not apply where radio broadcasters have been granted license to broadcast in other languages than Icelandic pursuant to Article 7, first paragraph.
Article 9
Democratic principles
Broadcasters shall honour democratic principles in all their operations. They shall respect freedom of speech and encourage the expression of different opinions when controversial issues are dealt with in their programmes. Nevertheless, a broadcaster who has been granted a broadcast license for the declared purpose of serving a particular cause shall not be obliged to broadcast programme material that runs contrary to the broadcaster's policy.
Article 10
Programmes created by independent producers
Television broadcasters shall ensure, where practicable, that at least 10 % of their transmission time pursuant to Article 7, second paragraph, or at least 10 % of their annual programming budget is reserved for European works created by producers who are independent of broadcasters. Television broadcasters shall seek to transmit as large a proportion as possible of works by independent producers within five years of their production.
A more detailed definition of independent producers for the purposes of this Article shall be laid down in a regulation.
Article 11
Right of reply
Any party, whether individual, company or institution, who considers that its legitimate interests, in particular reputation and good name, have been damaged by an assertion of incorrect facts in a broadcast programme shall have a right of reply at the broadcasting station concerned or equivalent remedies. The reply shall be transmitted within a reasonable time subsequent to the request being substantiated and at a time and in a manner appropriate to the broadcast to which the request refers.
Article 12
Appeals pursuant to Articles 9 and 11
A party who considers that a broadcaster has not fulfilled the requirements of Articles 9 and 11 as far as that party is concerned, and has been refused the opportunity of presenting its views in a broadcast in a manner that it deems satisfactory, may refer the matter to the Broadcast Licensing Committee. The Committee shall rule on the complaint within the shortest possible delay, and such ruling shall be binding for all parties.
Article 13
Broadcasting Act
CHAPTER I
Definitions
Article 1
Definitions
For the purposes of this Act:
a. 'Broadcasting', by radio or television, refers to any transmission of programme material within the area of Icelandic jurisdiction, whether in the form of speech, music or images, that is intended for direct reception by the general public and distributed by means of electromagnetic waves, by wire or over the air, in encoded or unencoded form;
b. 'Broadcaster' means the natural or legal person who has been granted a broadcast license and who has the editorial responsibility for the composition of schedules of broadcasting programmes within the meaning of points (a) and (c) and who transmits them or has them transmitted by a third party;
c. 'Programming' includes the material broadcast in its entirety;
d. 'Advertising' means any form of announcement broadcast whether in return for payment or for self-promotional purposes by the broadcaster and involving the promotion of a product or service;
e. 'Surreptitious advertising' means the display or other representation in words or pictures of goods, services, the trade mark or the activities of a producer of goods or a provider of services in programmes outside advertising slots when such representation is intended by the broadcaster to serve advertising and to deceive the public in this respect;
f. 'Sponsorship' means any contribution made by a legal or natural person to the financing of broadcasting programmes or their distribution with a view to promoting its name, its trade mark, its image, its activities or its products;
g. 'Teleshopping' means direct offers televised to the public with a view to the supply of goods or services in return for payment. Teleshopping in this case includes immovable property as well as rights and obligations connected with such transactions;
h. 'Encoded transmission' means the transmission of a radio or television broadcast intended for reception by the public the audio or video signals of which have been modified in order to grant access to the broadcast only to those who have paid for it (subscribers);
i. 'Decoder' means a device that, by itself or together with other equipment, is intended to allow access to the content of an encoded transmission.
CHAPTER II
Jurisdiction
Article 2
Jurisdiction over television broadcasters
This Act shall apply to those transmissions of television programmes that can be received in Iceland and/or other States bound by the Agreement on the European Economic Area ('EEA States'), cf. Act No. 2/1993, as amended, and where the television broadcaster concerned:
a. is established in Iceland in accordance with the definition in the third paragraph of this Article;
b. is established neither in Iceland nor in another EEA State, but uses a frequency granted in Iceland;
c. is established neither in Iceland nor in another EEA State, does not use a frequency granted in Iceland or in another EEA State, but does use a satellite capacity appertaining to an Icelandic party;
d. is established neither in Iceland nor in another EEA State, does not use a frequency granted in Iceland or in another EEA State, does not use a satellite capacity appertaining to Iceland or a party in another EEA State, but does use a satellite up-link situated in Iceland;
e. is established neither in Iceland nor in another EEA State, does not use a frequency granted in Iceland or in another EEA State, does not use a satellite capacity appertaining to an Icelandic party or a party in another EEA State, does not use a satellite up-link situated in Iceland or in another EEA State, but is deemed to be established in Iceland in accordance with the Agreement on the European Economic Area, in particular Part III, Chapter 2 on the right of establishment.
Furthermore, this Act shall apply to any party who has established itself in another EEA State in order to circumvent Icelandic legislation, provided that the activities are primarily directed towards Icelanders and the Icelandic market.
A television broadcaster shall be deemed to be established in Iceland pursuant to this Act, in particular point (a) of the first paragraph, in the following cases:
a. The television broadcaster has its head office in Iceland and the editorial decisions about programme schedules are taken in Iceland;
b. If the television broadcaster has its head office in Iceland but editorial decisions on programme schedules are taken in another EEA State, it shall be deemed to be established in Iceland if a significant part of the workforce involved in the pursuit of the television broadcasting activity operates in Iceland; although a significant part of the workforce involved in the pursuit of the television broadcasting activity also operates in another EEA State, the broadcaster shall be deemed to be established in Iceland if its head office is in Iceland; although a significant part of the workforce involved in the pursuit of the television broadcasting activity operates neither in Iceland nor in another EEA State, the broadcaster shall be deemed to be established in Iceland if it first began broadcasting in accordance with a broadcast license granted under Icelandic legislation, provided that it maintains a stable and effective link with the Icelandic economy;
c. If a television broadcaster has its head office in Iceland but decisions on programme schedules are taken outside the EEA, or vice versa, it shall be deemed to be established in Iceland, provided that a significant part of the workforce involved in the pursuit of the television broadcasting activity operates in Iceland.
Article 3
Jurisdiction over radio broadcasters
This Act shall apply to radio transmissions where the broadcaster uses a frequency granted by Icelandic authorities or a network situated in Iceland.
Article 4
Transmissions not covered by the Act
The provisions of this Act shall not apply to the transmission of broadcasting programmes that are intended for local audiences only and restricted to buildings or houses on a continuous piece of land, such as individual dwellings, hospitals, hotels, schools and factories.
Article 5
Suspension of retransmissions of television broadcasts from EEA States
Notwithstanding the provisions of Article 2 and the obligation of the Icelandic State to ensure freedom of reception of television broadcasts from other EEA States, the Broadcast Licensing Committee may suspend television broadcasts from other EEA States if the following conditions are fulfilled:
a. The broadcast manifestly, seriously and gravely infringes the provisions of Article 14 of this Act or is believed otherwise to have a potential to seriously impair the physical, mental or moral development of minors, in particular programmes that involve pornography or gratuitous violence, or the broadcast is considered to be a potential incitement to hatred on grounds of race, sex, religion or nationality;
b. During the previous 12 months, the broadcaster has infringed the provisions referred to in point (a) on at least two prior occasions;
c. The Broadcast Licensing Committee has notified the broadcaster and Icelandic authorities have notified the EFTA Surveillance Authority or the EU Commission, as appropriate, in writing of the alleged infringements and of the measures they intend to take should any such infringement occur again;
d. Consultations with the transmitting State and the EFTA Surveillance Authority or the EU Commission, as appropriate, have not produced an amicable settlement within 15 days of the notification provided for in point (c), and the alleged infringement persists.
CHAPTER III
Broadcast license
Article 6
Broadcast license
Broadcasts originating in Iceland are subject to a license issued by the Broadcast Licensing Committee, unless otherwise provided in Icelandic legislation, in particular the Icelandic National Broadcasting Service Act.
The Minister of Education, Culture and Science shall appoint three members to the Broadcast Licensing Committee for a term of four years and an equal number of alternate members. Two members shall be appointed pursuant to the nomination of the Supreme Court and one member shall be appointed without nomination to serve as chairman of the committee. Alternates shall be appointed in the same manner, and the alternate for the chairman shall serve as vice-chairman. Committee members and their alternates shall meet the eligibility requirements of district court judges. The Committee may, at its discretion, summon experts to provide advice and assistance as needed.
The Broadcast Licensing Committee may grant legal and natural persons a temporary broadcast license. Licenses for radio broadcasts can be granted for a maximum of five years at a time and for television broadcasts for a maximum of seven years at a time. The period of validity of broadcast licenses shall be further provided for in a regulation. Licenses may be restricted to limited areas.
Broadcast licenses in Iceland shall be subject to the following general conditions:
a. The licensee shall be established in an EEA State. Authorisations for the operation of broadcasting stations granted to foreign, non-EEA, parties or to Icelandic legal persons in which such a party holds a share fall within the scope of the Act on Foreign Investment in Business.
b. The Post and Telecom Administration shall assign frequencies, in accordance with international agreements, to those parties who have been granted a broadcast license, and shall thereby specify any technical characteristics in accordance with regulations and international agreements, in particular with regard to frequency and radiated power. The direct, full-length and unaltered retransmission of the entire programming of foreign television stations shall only be permitted by means of wire and/or microwave.
c. Broadcasters shall inform the Broadcast Licensing Committee of their prospective programme policies, as well as of any envisaged major changes of previously announced programming.
d. Prior to commencing operation the persons responsible for the broadcasting station shall communicate to the Broadcast Licensing Committee the identity of the Managing Director responsible for all broadcast material pursuant to Chapter IX of this Act. Any changes in that respect shall be notified to the Broadcast Licensing Committee.
e. Prior to commencing operation the persons responsible for the broadcasting station shall communicate its call sign to the Broadcast Licensing Committee.
f. The broadcaster's operations, accounting and finances shall be kept separate from other operations and finances of the licensee. The Broadcast Licensing Committee may, where this is deemed necessary, require broadcasters to submit information from their book-keeping and accounts to determine whether the provisions of laws or regulations or the conditions of the license have been violated. The Committee shall appoint a special representative who shall collect and examine such documents on behalf of the committee. Members, employees and representatives of the Committee shall be bound by an obligation of confidentiality regarding any information that is to be kept secret.
g. Where a broadcaster has not commenced broadcasts eight months after the date of issue of the license granted by the Broadcast Licensing Committee, the license automatically expires. If broadcasts have been terminated and are not recommenced within four months, the license is considered to have expired automatically.
h. A broadcast license may not be transferred, leased or otherwise assigned to another party. If a licensee is declared bankrupt, the license expires immediately.
The Broadcast Licensing Committee oversees that rules pursuant to broadcast licenses are complied with and otherwise supervises the implementation of this Act, including the supervision of any broadcasts under Icelandic jurisdiction in accordance with Articles 2 and 3 of this Act. The Broadcast Licensing Committee may require television broadcasters to submit an attestation by an approved certification body of their reports on the transmission of European programme material pursuant to Article 7 and of material produced by independent producers pursuant to Article 10. The Post and Telecom Administration supervises the technical characteristics of transmissions.
Decisions of the Broadcast Licensing Committee pursuant to this Act constitute final administrative rulings and cannot be the subject of an administrative appeal.
The cost of operation of the Broadcast Licensing Committee shall be borne by the Treasury.
CHAPTER IV
Obligations of broadcasters
Article 7
Programme offer
Broadcasters shall strive for general cultural advancement and strengthen the Icelandic language. Nevertheless, licenses to broadcast in other languages than Icelandic may be granted in special cases.
Television broadcasters shall make every effort to ensure that the greater part of their transmission time is reserved for Icelandic and other European material. 'Transmission time' in this context refers to the total transmission time of television broadcasters with the exception of time devoted to news, sports events, games, advertising, text television services and teleshopping.
A more detailed definition of European programme material shall be laid down in a regulation.
Article 8
Voice-over and subtitles in Icelandic
Televised programme material in a foreign language shall always be accompanied by Icelandic voice-over or subtitles, as appropriate. However, this shall not apply to the lyrics of foreign songs or to live transmissions via satellite and a receiving station of news and current affairs programmes dealing principally with events as they take place. In such case the television broadcaster shall, whenever possible, provide a recapitulation or presentation in Icelandic of the events taking place. Every effort shall be made to ensure that the voice-over and subtitles are always in correct Icelandic.
The provisions of this article shall not apply to the retransmission from foreign television stations in the case of direct, full-length and unaltered retransmission of the entire programming of television stations. Further, these provisions shall not apply where radio broadcasters have been granted license to broadcast in other languages than Icelandic pursuant to Article 7, first paragraph.
Article 9
Democratic principles
Broadcasters shall honour democratic principles in all their operations. They shall respect freedom of speech and encourage the expression of different opinions when controversial issues are dealt with in their programmes. Nevertheless, a broadcaster who has been granted a broadcast license for the declared purpose of serving a particular cause shall not be obliged to broadcast programme material that runs contrary to the broadcaster's policy.
Article 10
Programmes created by independent producers
Television broadcasters shall ensure, where practicable, that at least 10 % of their transmission time pursuant to Article 7, second paragraph, or at least 10 % of their annual programming budget is reserved for European works created by producers who are independent of broadcasters. Television broadcasters shall seek to transmit as large a proportion as possible of works by independent producers within five years of their production.
A more detailed definition of independent producers for the purposes of this Article shall be laid down in a regulation.
Article 11
Right of reply
Any party, whether individual, company or institution, who considers that its legitimate interests, in particular reputation and good name, have been damaged by an assertion of incorrect facts in a broadcast programme shall have a right of reply at the broadcasting station concerned or equivalent remedies. The reply shall be transmitted within a reasonable time subsequent to the request being substantiated and at a time and in a manner appropriate to the broadcast to which the request refers.
Article 12
Appeals pursuant to Articles 9 and 11
A party who considers that a broadcaster has not fulfilled the requirements of Articles 9 and 11 as far as that party is concerned, and has been refused the opportunity of presenting its views in a broadcast in a manner that it deems satisfactory, may refer the matter to the Broadcast Licensing Committee. The Committee shall rule on the complaint within the shortest possible delay, and such ruling shall be binding for all parties.
Article 13