- I. BASIC PROVISIONS
- II. REPUBLICAN BROADCASTING AGENCY
- III. BROADCASTING LICENCE
- IV. BASIC PROGRAMME STANDARDS
- V. PUBLIC BROADCASTING SERVICE
- VI. PREVENTION OF PROHIBITED CONCENTRATION OF MEDIA OWNERSHIP
- VII. ADVERTISING AND SPONSORSHIP
- VIII. PENAL PROVISIONS
- IX. INTERIM AND FINAL PROVISIONS
Passed 18 July 2002 by the Serbian Parliament
Signed by Serbian President Milan Milutinovic on 19 July 2002
I. BASIC PROVISIONS
Article 1
This Law stipulates the conditions for and manner of conducting broadcasting activities in keeping with international conventions and standards; establishes the Republican Broadcasting Agency, as well as public broadcasting service institutions; determines terms and procedures for issuing licences to broadcast radio and TV programmes and regulates other issues in respect of the broadcasting sector.
Article 2
The provisions of this Law shall not pertain to the conditions and procedure for issuing radio station licences, or to the terms and procedure under which broadcasters gain the right to set up, use and maintain fixed and mobile broadcasting equipment.
Article 3
The regulation of relations in the broadcasting sector shall be based on the following principles:
1) Freedom, professionalism, and independence of public service broadcasters as a guarantee of the overall development of democracy and social harmony;
2) Rational and efficient use of the radio frequency spectrum as a limited natural resource;
3) Prohibition of any censorship of and/or influence on the work of public broadcasters, whereby their independence, the independence of their newsrooms and journalists is guaranteed;
4) Full affirmation of civil rights and freedoms and especially the freedom of expression and diversity of opinion;
5) Application of internationally recognised norms and principles with respect to the broadcasting sector, especially the respect of human rights in this sector;
6) Impartiality, prohibition of discrimination, and transparency of the procedure for issuing broadcasting licences;
7) Encouragement of the broadcasting development and creativity in the area of radio and TV in the Republic of Serbia.
Article 4
Unless otherwise specified, the terms used in this Law shall have the following meanings:
1) Broadcasting: general term for radio and television as electronic mass media, achieved by the analogue or digital transmission of text, speech, sound, still and moving images in the form of programme contents via radio waves or cable distribution systems to adequate reception devices and intended for the general public.
2) Radio frequency: main physical parameter of electromagnetic or radio waves freely moving through space, whose conventional values fall within the 3 KHz – 3000 GHz band;
3) Coverage area: area in the vicinity of a transmitter providing the required field strength of the electromagnetic signal for a satisfactory service taking into account co-channel interference;
4) Service area: area in the vicinity of a transmitter fulfilling the condition of quality signal reception in real conditions. The service area in real conditions is always smaller than the coverage area;
5) Proposed service area: geographic area or administrative region which the broadcasting service is intended for. Depending on the needs, the proposed service area signifies either any individual service area or the sum of service areas covered by each transmitter. In case of a network of transmitters, the proposed service area is the sum of individual service areas covered by each transmitter;
6) Radio/TV network: two or more transmitters or repeaters or a combination of them broadcasting the same programme at the same time;
7) Networking: the setting up of a temporary radio or television network via terrestrial, cable or satellite links between two or more broadcasters with the aim of directly transmitting a radio or television programme;
8) Broadcasting organisation (hereinafter broadcaster): a natural or legal person registered to produce and broadcast radio or TV programmes, which has been issued a broadcasting licence in keeping with this Law.
9) Public Broadcasting Servise: production, purchase, editing and broadcasting of the informative, educational, cultural, artistic, children's, entertainment, sports and other radio and TV programs in the general interest of citizens, and especially those aimed at realization of human and civic rights, exchange of ideas and opinions, nurture of political, gender, interethnic and religious tolerance, as well as the preservation of national identity;
10) Independent production: a radio and television programmes intended solely for broadcasting and produced by a natural or legal person who is registered therefor but who is not a broadcaster of the programme it is producing;
11) Advertisement: promotional message the aim of which is to present and draw attention to a certain product, service or firm, i.e. to induce consumers to purchase, i.e. use the product or service;
12) Advertising: broadcasting of advertisements for a fee or other form of compensation;
13) Sponsorship: any funding by a natural or legal person, which is not involved in the activity of producing a radio and/or television programme or the production of audiovisual content, of a radio and/or television programme, with the aim of promoting its name, trademark, reputation, activities or products;
14) Teleshopping: radio or television presentation of the qualities or values of products or services with the aim of directly selling them to the public.
15) Cable distribution system (hereinafter CDS): a predominantly cable telecommunication network intended for the distribution of radio and television programmes and the provision of other telecommunication services;
Article 5
The Republican Broadcasting Agency and the telecommunications regulatory authority shall cooperate and coordinate their work in accorance with and in the manner envisaged by the provisions of this Law and of a separate telecommunications law with the aim of achieving the rational and effective use of the broadcast band and consistent application of this Law and a separate telecommunications law.
II. REPUBLICAN BROADCASTING AGENCY
Establishment
Article 6
The Republican Broadcasting Agency (hereinafter Agency) is established as an autonomous i.e. independent organisation exercising public competencies pursuant to this Law and regulations passed on the basis of this Law to secure conditions for the efficient implementation and improvement of the set broadcasting policy in the Republic of Serbia in a manner befitting a democratic society.
The Agency is an autonomous legal person and is functionally independent of any state body, as well as of all organisations and individuals involved in the production and broadcasting of radio and television programmes and/or related activities.
Legal Status and Representation
Article 7
The Agency shall have the status of a legal person.
The Agency Council shall be the Agency body reaching all decisions on issues within the Agency’s competencies.
The Agency Council Chairperson, or the Council Vice-Chairperson in the absence of the Chairperson for any reason, shall act in the name and on behalf of the Agency.
The Chairperson, i.e. the Vice-Chairperson deputising for the Chairperson, may wholly or partially delegate the power to represent the Agency to another Council member only on the basis of a Council decision.
Article 8
The Agency is competent for:
1) Passing the broadcasting development strategy in the Republic of Serbia with the consent of the Government of the Republic of Serbia;
2) Supervising and ensuring the consistent application of the provisions of this Law;
3) Issuing broadcasting licences and prescribing the licence form;
4) Setting technical, organisational and programming conditions for the production and broadcasting of programmes pursuant to the provisions of this Law;
5) Prescribing rules binding on broadcasters which ensure the implementation of the broadcasting policy in the Republic of Serbia;
6) Supervising the work of broadcasters in the Republic of Serbia;
7) Considering submissions filed by natural and legal persons and complaints of broadcasters concerning the operation of other broadcasters;
8) Delivering to the competent state bodies its opinion with regard to accession to international conventions related to broadcasting;
9) Imposing adequate sanctions against broadcasters in keeping with this Law;
10) Performing other duties in accordance with this Law.
In addition to the competencies set forth in para 1 of this Article, the Agency is also competent to take measures in the broadcasting sector with the aim of:
1) Protecting minors;
2) Enforcing regulations on copyright and neighbouring rights;
3) Preventing the broadcasting of programmes which contain information inciting discrimination, hatred or violence against an individual or a group of individuals on grounds of race, religion, nationality, ethnicity or gender.
The Agency performs the duties in para 1, sub-paras 1, 2, 3, and 6 as duties entrusted to it.
Passing of the Broadcasting Development Strategy
Article 9
In cooperation with the telecommunication regulatory authority, the Agency shall pass a Broadcasting Development Strategy for the Republic of Serbia wherein it shall determine the number and types of broadcasters, proposed service areas and other parameters for which a public tender shall be called, after having taken into consideration the different requirements of citizens and social groups for information, education, cultural, sports and other contents et. al.
Law Implementation Supervision
Article 10
The supervision of the implementation of this Law entails control of the work of the broadcasters with respect to their consistent application and affirmation of principles upon which the relations in the broadcasting sector are regulated as well as to the fulfillment of other obligations which broadcasters have under the provisions of this Law.
Issuing of Broadcasting Licence
Article 11
The Agency shall issue a licence for broadcasting a programme via terrestrial, cable or satellite transmission, either digital or analogue, in a procedure and according to criteria laid down by this Law.
A broadcasting licence is not required for broadcasting via the global information network (Internet webcasting), but the provisions of this Law shall apply to programme content.
Prescribing Binding Regulations for Broadcasters
Article 12
The Agency shall pass recommendations, instructions, binding instructions and general binding instructions for broadcasters to ensure the efficient implementation of the broadcasting policy in the Republic of Serbia.
The Agency shall pass recommendations for broadcasters in the event of inconsistent permitted practice on part of the broadcasters when applying the provisions of this Law in respect of the programme content.
The Agency shall pass an instruction if there is doubt whether the manner, in which a broadcaster or a group of broadcasters is using the licence in regard to the provisions of this Law pertaining to programme content, is permitted or not.
The Agency shall pass a binding instruction if it is established that the broadcasters’ conduct in regard to certain issues regarding programme content is inconsistent and the Agency deems certain types of such conduct impermissible.
The Agency shall pass a general binding instruction in order to regulate certain issues regarding programme content in greater detail, regardless of the current practice of the broadcasters. The general binding instruction may pertain to a specific issue regarding programme content, a number of related issues, or all issues in respect of programme content (broadcasters’ code of conduct).
Non-compliance with a binding instruction shall be deemed grounds for pronouncing a reprimand or a warning to the broadcaster, while non-compliance with a general binding instruction shall be the basis for pronouncing any sanction the Agency is empowered to pronounce.
Recommendations, instructions, binding instructions and general binding instructions shall be published in the manner envisaged by the Agency Statute.
The Agency shall pass and publish other regulations in keeping with this Law and in the manner envisaged by the Statute.
Supervising the Work of Broadcasters
Article 13
The Agency shall supervise the work of the broadcasters itself or by hiring an authorised organisation.
When exercising the competence laid down in para 1 of this Article, the Agency is under duty to focus on the broadcasters’ overall respect of the terms and conditions on which they were issued the licence, particularly with regard to programme type and quality.
Broadcasters are obliged to allow the Agency access to the data and other documentation related to the subject of the supervision.
Consideration of Submissions
Article 14
Natural and legal persons shall have the right to file submissions to the Agency with regard to a broadcaster’s programme contents if they deem these programmes are violating or endangering their personal interests or the public interest.
Upon the receipt and consideration of the submission, the Agency shall deliver forthwith the submission to the broadcaster for explanation and set a deadline thereof, unless the submission is manifestly ill-founded, in which case the Agency dismisses it and informs the submitter thereof.
If the broadcaster does not provide an explanation within the given deadline or informs the Agency that the submission is groundless, but the Agency still maintains that the submission is grounded, the Agency shall take adequate measures against the broadcaster and advise the submitter on ways in which s/he can protect his/her interests.
Adequate measures set forth in para 3 of this Article include but are not limited to:
1) Sanctions pronounced by the Agency in keeping with this Law;
2) Filing of misdimeanour or criminal charges or initiating of other appropriate proceedings with a state body of competent jurisdiction.
Consideration of Complaints
Article 15
A broadcaster may submit a complaint to the Agency about the conduct of another broadcaster which has inflicted or may inflict it damage.
The Agency shall deliver the complaint in para 1 of this Article forthwith to the broadcaster concerned, who shall provide an explanation within 15 (fifteen) days after the day of complaint receipt.
If the Agency maintains that the complaint is well-founded despite the broadcaster’s explanation, it shall take measures set out in Article 14 para 4 of this Law against the broadcaster concerned.
Cooperation with State and Other Bodies and Organisations
Article 16
The Agency shall deliver its opinion to the competent state bodies at their request and in regard to accession to international conventions and other agreements related to the broadcasting sector.
BROADCASTING ACT
Subject of the Law
Broadcasting Principles
Definitions
Cooperation with the Telecommunications Regulatory Authority
1. Legal Status
2. Agency Competencies