- PART ONE: GENERAL PROVISIONS
- PART TWO: RIGHTS AND OBLIGATIONS OF THE OPERATOR
- PART THREE: LICENSING PROCEDURES
- PART FOUR: FEDERAL COUNCIL FOR RADIO ANDTELEVISION BROADCASTING
- PART FIVE: CABLE DISTRIBUTION NETWORKS
- PART SIX: FINES
- PART SEVEN: COMMON, TRANSITIONAL AND CLOSING PROVISIONS
LAW the 30th of October, 1991 On the Operation of Radio and Television Broadcasts
The Federal Assembly of the Czech and Slovak Federative Republic has approved the following law:
PART ONE GENERAL PROVISIONS
Article 1 Jurisdiction of the Law
This law regulates the rights and obligations of legal entities and individuals concerning the operation of radio and television broadcasting.
Article 2 Basic Terms
/1/ For the purposes of this law the following terms will be valid:
a/ radio and television broadcasting (further to be referred to as "broadcasting"), is the diffusion of programs or of visual and audio information by means of transmitter, cable distribution networks, satellites and all other mediums destined for reception by the public;
b/ programming is the intentional arrangement in time of individual radio or television programs;
c/ program is a coherent, integral and temporally limited part of the broadcast;
d/ local program is a program created in a local, limited area and intended for this area;
e/ commercial is any type of public announcement destined for the support of entrepreneurial ventures or of the attainment of other effects, pursued by the sponsor of the commercial, who was allotted air time for payment or for any other type of counter-value (further to be referred to as "commercial");
f/ sponsoring is any type of contribution granted by a legal entity or individual towards the direct or indirect financing of a program with the intent of promoting names, factory and commercial trade-marks, services, or the position of the entity or individual.
/2/ According to this law broadcasting is not understood to be the transmission of radio or television signals destined for the public by means of a cable network into which at most 100 participants are connected with receivers subject to registration. This number can be increased if the participants of a common receptor reside in one building or building complex spacially or functionally interconnected if the transmission of signals is done in such a way that it does not cross surface (road) communications, and if this common reception is not being used for business purposes.
Article 3
/1/ The broadcasting operator (further to be referred to as "operator") is he who has received authorization for broadcasting on the basis of a law approved by the Federal Assembly, by the Czech National Council or by the Slovak National Council (further to be referred to as "public radio or television operator") or through the granting of an operating licence according to this law (further to be referred to as "licence holder").
/2/ A legal entity may become a licence holder if it has established residence on the territory of the Czech and Slovak Federative Republic and has entered its name in the commercial registers; if it has not established residence on the territory of the Czech and Slovak Federative Republic it can only become a holder of a licence for the simultaneous, complete and unchanged diffusion of already broadcasted programming.
/3/ An individual may become a licence holder if he has permanent residence on the territory of the Czech and Slovak Federative Republic. If the individual is granted a licence according to this law , then he is obligated to enter his name into the Commercial Register.
PART TWO RIGHTS AND OBLIGATIONS OF THE OPERATOR
Article 4 Program Content
/1/ Operators shall broadcast freely and independently. Their content can be intervened with only on the basis of law
/2/ Operators shall provide objective and balanced information necessary for the free development of ideas.
Article 5 Obligations of the Operator
Operators are obligated to:
a) ensure that no programs are broadcasted which are in contradiction to the Constitution or with the Bill of Human Rights and Freedoms 1) ;
b) ensure that the broadcasted programs do not promote war or depict cruel or otherwise inhumane behavior in such a way considered to facilitate, excuse or condone these activities;
c) not to broadcast programs between 6 am and 10 pm which could threaten the physical or moral development of children and youth;
d) provide state authorities and state administrative bodies the necessary air time for important and urgent announcements in emergencies of vital public importance and this at a time which would decrease the danger of delay to a minimum
e) preserve the tapes of all broadcasted programs for the time period of at least 30 days after the day they are broadcasted;
f) conclude an agreement with organizations which have been accorded exclusive privileges to represent authors or performing artists in the enforcement of rights 2) .
Article 6 Obligations of Operators in the Broadcasting of Commercials:
/1/ Operators are to see to it that commercial air time shall not include.
a/ commercials which support behavior which threatens morality, the interests of the consumer or the interests of the protection of health, security or the living environment;
b/ commercials aimed at children or containing child-actors if they support behavior threatening their health or their physical or moral development;
c/ commercials in which act announcers or editors of news or current affairs programs;
d/ religious or atheistic commercials or commercials made by political parties or movements unless a separate law states otherwise.
/2/ Operators are obligated to ensure that the commercials:
a/ be identifiable and clearly audibly or visually separated from the rest of the programs;
b/ be aired neither immediately before religious services nor immediately following their broadcasting;
3/ Operators are obligated to ensure that the sponsor of the commercial is not able in any manner to influence program contents in the broadcasting or influence program composition.
Article 6a Placement of Advertisements in Programmes
(1) The broadcasters are obliged to ensure that advertisements are placed between individual programmes except for programmes composed of independent and separable parts with self-contained contents within the framework of an individual programme, or sporting live broadcasts and broadcasts of events and performances containing intervals, and with the exception of audiovisual programmes pursuant to paragraph 2 .
(2) The licence holders for television broadcasting are obliged to ensure that advertisements are placed as follows during broadcasting of audiovisual programmes:
a) during broadcasting of a film work or a work expressed in a similar way 3) only if it lasts over 45 minutes including advertisements, no more than once during every completed 45-minute time sequence; further interruption is permissible, if the duration of such film including advertisements is longer by at least 20 minutes than two or more completed 45-minute time sequences; at least 20 minutes must pass between two subsequent interruptions;
b) during broadcasting of other audiovisual programmes except for provision of paragraph 3) only if the programme including advertisements lasts over 30 minutes, and no more than once in the course of every completed 30-minute time sequence; at least 20 minutes must pass between two subsequent interruptions.
(3) Interruption of news and religious programmes and programmes for children with advertisements is not permitted.
(4) The rights protected by the Copyright Act 4) remain untouched.
Article 7 Commercial Air Time
/1/ In television broadcasting time devoted to commercials may not exceed 3% for public television operators, 10% of daily air time for licence holders; the public television operator may increase this share to 10% and the licence holder to 20% and this if it includes direct offers to the public to buy, sell or lease products or enlist services, which may, however, not exceed 1 hour a day; in the course of 1 hour time devoted to commercials may not exceed 12 minutes. For public television operators commercial time between the hours of 7 pm and 10 pm cannot exceed 6 minutes in 1 hour.
/2/ In radio broadcasting time devoted to commercials may not exceed 5% for public radio operators, 20% of daily air time for licence holders.
Article 8 Obligations of Operators in the Broadcasting of Sponsored Programs
Operators are obligated:
a/ to clearly indicate every program and series of a program which is sponsored in part or in full at its beginning or at its end with the appropriate credits or announcements;
b/ to ensure that the content of the sponsored programs does not promote the sale, purchase or leasing of the sponsor's products or services or those of a third party, and particularly that the sponsor's products or services not be specially mentioned;
c/ to ensure that the content and time of broadcasting of the sponsored program not be influenced by the sponsor;
d/ to ensure that a program not be sponsored by a legal entity or individual whose main activity is the production, sale or leasing of products or the rendering of services whose commercial is not allowed ( article 6, paragraph 1, letter c );
e/ to ensure that news and current affairs programs are not sponsored.
Article 9 Special Obligations and Rights of Public Television and Radio Operators
/1/ The main obligation of the public television and radio operator is to serve public interest, contribute to the creation of a democratic society and reflect its pluralism in opinions particularly by not one-sidedly paying regard to individual opinion orientations, individual religious affiliations or world outlooks, the interests of one political party, movement, group or part of society.
/2/ Public television and radio operators are obligated:
a/ to ensure, with the appropriate communications bodies and organizations, the dissipation of their programs to the population of the territorial entity for which their broadcasts are destined;
b/ to ensure a diverse composition of programs which in their entirety caters to the interests of all strata of the population;
c/ to produce or order produced a significant share of the broadcasted programs in such a way that the cultural identity of nations, nationalities and ethnic groups of the Czech and Slovak Federative Republic be preserved and developed and that the development of domestic and European audiovisual creation be supported;
PART ONE GENERAL PROVISIONS
Article 1 Jurisdiction of the Law
This law regulates the rights and obligations of legal entities and individuals concerning the operation of radio and television broadcasting.
Article 2 Basic Terms
/1/ For the purposes of this law the following terms will be valid:
a/ radio and television broadcasting (further to be referred to as "broadcasting"), is the diffusion of programs or of visual and audio information by means of transmitter, cable distribution networks, satellites and all other mediums destined for reception by the public;
b/ programming is the intentional arrangement in time of individual radio or television programs;
c/ program is a coherent, integral and temporally limited part of the broadcast;
d/ local program is a program created in a local, limited area and intended for this area;
e/ commercial is any type of public announcement destined for the support of entrepreneurial ventures or of the attainment of other effects, pursued by the sponsor of the commercial, who was allotted air time for payment or for any other type of counter-value (further to be referred to as "commercial");
f/ sponsoring is any type of contribution granted by a legal entity or individual towards the direct or indirect financing of a program with the intent of promoting names, factory and commercial trade-marks, services, or the position of the entity or individual.
/2/ According to this law broadcasting is not understood to be the transmission of radio or television signals destined for the public by means of a cable network into which at most 100 participants are connected with receivers subject to registration. This number can be increased if the participants of a common receptor reside in one building or building complex spacially or functionally interconnected if the transmission of signals is done in such a way that it does not cross surface (road) communications, and if this common reception is not being used for business purposes.
Article 3
/1/ The broadcasting operator (further to be referred to as "operator") is he who has received authorization for broadcasting on the basis of a law approved by the Federal Assembly, by the Czech National Council or by the Slovak National Council (further to be referred to as "public radio or television operator") or through the granting of an operating licence according to this law (further to be referred to as "licence holder").
/2/ A legal entity may become a licence holder if it has established residence on the territory of the Czech and Slovak Federative Republic and has entered its name in the commercial registers; if it has not established residence on the territory of the Czech and Slovak Federative Republic it can only become a holder of a licence for the simultaneous, complete and unchanged diffusion of already broadcasted programming.
/3/ An individual may become a licence holder if he has permanent residence on the territory of the Czech and Slovak Federative Republic. If the individual is granted a licence according to this law , then he is obligated to enter his name into the Commercial Register.
PART TWO RIGHTS AND OBLIGATIONS OF THE OPERATOR
Article 4 Program Content
/1/ Operators shall broadcast freely and independently. Their content can be intervened with only on the basis of law
/2/ Operators shall provide objective and balanced information necessary for the free development of ideas.
Article 5 Obligations of the Operator
Operators are obligated to:
a) ensure that no programs are broadcasted which are in contradiction to the Constitution or with the Bill of Human Rights and Freedoms 1) ;
b) ensure that the broadcasted programs do not promote war or depict cruel or otherwise inhumane behavior in such a way considered to facilitate, excuse or condone these activities;
c) not to broadcast programs between 6 am and 10 pm which could threaten the physical or moral development of children and youth;
d) provide state authorities and state administrative bodies the necessary air time for important and urgent announcements in emergencies of vital public importance and this at a time which would decrease the danger of delay to a minimum
e) preserve the tapes of all broadcasted programs for the time period of at least 30 days after the day they are broadcasted;
f) conclude an agreement with organizations which have been accorded exclusive privileges to represent authors or performing artists in the enforcement of rights 2) .
Article 6 Obligations of Operators in the Broadcasting of Commercials:
/1/ Operators are to see to it that commercial air time shall not include.
a/ commercials which support behavior which threatens morality, the interests of the consumer or the interests of the protection of health, security or the living environment;
b/ commercials aimed at children or containing child-actors if they support behavior threatening their health or their physical or moral development;
c/ commercials in which act announcers or editors of news or current affairs programs;
d/ religious or atheistic commercials or commercials made by political parties or movements unless a separate law states otherwise.
/2/ Operators are obligated to ensure that the commercials:
a/ be identifiable and clearly audibly or visually separated from the rest of the programs;
b/ be aired neither immediately before religious services nor immediately following their broadcasting;
3/ Operators are obligated to ensure that the sponsor of the commercial is not able in any manner to influence program contents in the broadcasting or influence program composition.
Article 6a Placement of Advertisements in Programmes
(1) The broadcasters are obliged to ensure that advertisements are placed between individual programmes except for programmes composed of independent and separable parts with self-contained contents within the framework of an individual programme, or sporting live broadcasts and broadcasts of events and performances containing intervals, and with the exception of audiovisual programmes pursuant to paragraph 2 .
(2) The licence holders for television broadcasting are obliged to ensure that advertisements are placed as follows during broadcasting of audiovisual programmes:
a) during broadcasting of a film work or a work expressed in a similar way 3) only if it lasts over 45 minutes including advertisements, no more than once during every completed 45-minute time sequence; further interruption is permissible, if the duration of such film including advertisements is longer by at least 20 minutes than two or more completed 45-minute time sequences; at least 20 minutes must pass between two subsequent interruptions;
b) during broadcasting of other audiovisual programmes except for provision of paragraph 3) only if the programme including advertisements lasts over 30 minutes, and no more than once in the course of every completed 30-minute time sequence; at least 20 minutes must pass between two subsequent interruptions.
(3) Interruption of news and religious programmes and programmes for children with advertisements is not permitted.
(4) The rights protected by the Copyright Act 4) remain untouched.
Article 7 Commercial Air Time
/1/ In television broadcasting time devoted to commercials may not exceed 3% for public television operators, 10% of daily air time for licence holders; the public television operator may increase this share to 10% and the licence holder to 20% and this if it includes direct offers to the public to buy, sell or lease products or enlist services, which may, however, not exceed 1 hour a day; in the course of 1 hour time devoted to commercials may not exceed 12 minutes. For public television operators commercial time between the hours of 7 pm and 10 pm cannot exceed 6 minutes in 1 hour.
/2/ In radio broadcasting time devoted to commercials may not exceed 5% for public radio operators, 20% of daily air time for licence holders.
Article 8 Obligations of Operators in the Broadcasting of Sponsored Programs
Operators are obligated:
a/ to clearly indicate every program and series of a program which is sponsored in part or in full at its beginning or at its end with the appropriate credits or announcements;
b/ to ensure that the content of the sponsored programs does not promote the sale, purchase or leasing of the sponsor's products or services or those of a third party, and particularly that the sponsor's products or services not be specially mentioned;
c/ to ensure that the content and time of broadcasting of the sponsored program not be influenced by the sponsor;
d/ to ensure that a program not be sponsored by a legal entity or individual whose main activity is the production, sale or leasing of products or the rendering of services whose commercial is not allowed ( article 6, paragraph 1, letter c );
e/ to ensure that news and current affairs programs are not sponsored.
Article 9 Special Obligations and Rights of Public Television and Radio Operators
/1/ The main obligation of the public television and radio operator is to serve public interest, contribute to the creation of a democratic society and reflect its pluralism in opinions particularly by not one-sidedly paying regard to individual opinion orientations, individual religious affiliations or world outlooks, the interests of one political party, movement, group or part of society.
/2/ Public television and radio operators are obligated:
a/ to ensure, with the appropriate communications bodies and organizations, the dissipation of their programs to the population of the territorial entity for which their broadcasts are destined;
b/ to ensure a diverse composition of programs which in their entirety caters to the interests of all strata of the population;
c/ to produce or order produced a significant share of the broadcasted programs in such a way that the cultural identity of nations, nationalities and ethnic groups of the Czech and Slovak Federative Republic be preserved and developed and that the development of domestic and European audiovisual creation be supported;
This law regulates the rights and obligations of legal entities and individuals concerning the operation of radio and television broadcasting.
Article 2 Basic Terms
/1/ For the purposes of this law the following terms will be valid:
a/ radio and television broadcasting (further to be referred to as "broadcasting"), is the diffusion of programs or of visual and audio information by means of transmitter, cable distribution networks, satellites and all other mediums destined for reception by the public;
b/ programming is the intentional arrangement in time of individual radio or television programs;
c/ program is a coherent, integral and temporally limited part of the broadcast;
d/ local program is a program created in a local, limited area and intended for this area;
e/ commercial is any type of public announcement destined for the support of entrepreneurial ventures or of the attainment of other effects, pursued by the sponsor of the commercial, who was allotted air time for payment or for any other type of counter-value (further to be referred to as "commercial");
f/ sponsoring is any type of contribution granted by a legal entity or individual towards the direct or indirect financing of a program with the intent of promoting names, factory and commercial trade-marks, services, or the position of the entity or individual.
/2/ According to this law broadcasting is not understood to be the transmission of radio or television signals destined for the public by means of a cable network into which at most 100 participants are connected with receivers subject to registration. This number can be increased if the participants of a common receptor reside in one building or building complex spacially or functionally interconnected if the transmission of signals is done in such a way that it does not cross surface (road) communications, and if this common reception is not being used for business purposes.
Article 3
/1/ The broadcasting operator (further to be referred to as "operator") is he who has received authorization for broadcasting on the basis of a law approved by the Federal Assembly, by the Czech National Council or by the Slovak National Council (further to be referred to as "public radio or television operator") or through the granting of an operating licence according to this law (further to be referred to as "licence holder").
/2/ A legal entity may become a licence holder if it has established residence on the territory of the Czech and Slovak Federative Republic and has entered its name in the commercial registers; if it has not established residence on the territory of the Czech and Slovak Federative Republic it can only become a holder of a licence for the simultaneous, complete and unchanged diffusion of already broadcasted programming.
/3/ An individual may become a licence holder if he has permanent residence on the territory of the Czech and Slovak Federative Republic. If the individual is granted a licence according to this law , then he is obligated to enter his name into the Commercial Register.
Article 4 Program Content
/1/ Operators shall broadcast freely and independently. Their content can be intervened with only on the basis of law
/2/ Operators shall provide objective and balanced information necessary for the free development of ideas.
Article 5 Obligations of the Operator
Operators are obligated to:
a) ensure that no programs are broadcasted which are in contradiction to the Constitution or with the Bill of Human Rights and Freedoms 1) ;
b) ensure that the broadcasted programs do not promote war or depict cruel or otherwise inhumane behavior in such a way considered to facilitate, excuse or condone these activities;
c) not to broadcast programs between 6 am and 10 pm which could threaten the physical or moral development of children and youth;
d) provide state authorities and state administrative bodies the necessary air time for important and urgent announcements in emergencies of vital public importance and this at a time which would decrease the danger of delay to a minimum
e) preserve the tapes of all broadcasted programs for the time period of at least 30 days after the day they are broadcasted;
f) conclude an agreement with organizations which have been accorded exclusive privileges to represent authors or performing artists in the enforcement of rights 2) .
Article 6 Obligations of Operators in the Broadcasting of Commercials:
/1/ Operators are to see to it that commercial air time shall not include.
a/ commercials which support behavior which threatens morality, the interests of the consumer or the interests of the protection of health, security or the living environment;
b/ commercials aimed at children or containing child-actors if they support behavior threatening their health or their physical or moral development;
c/ commercials in which act announcers or editors of news or current affairs programs;
d/ religious or atheistic commercials or commercials made by political parties or movements unless a separate law states otherwise.
/2/ Operators are obligated to ensure that the commercials:
a/ be identifiable and clearly audibly or visually separated from the rest of the programs;
b/ be aired neither immediately before religious services nor immediately following their broadcasting;
3/ Operators are obligated to ensure that the sponsor of the commercial is not able in any manner to influence program contents in the broadcasting or influence program composition.
Article 6a Placement of Advertisements in Programmes
(1) The broadcasters are obliged to ensure that advertisements are placed between individual programmes except for programmes composed of independent and separable parts with self-contained contents within the framework of an individual programme, or sporting live broadcasts and broadcasts of events and performances containing intervals, and with the exception of audiovisual programmes pursuant to paragraph 2 .
(2) The licence holders for television broadcasting are obliged to ensure that advertisements are placed as follows during broadcasting of audiovisual programmes:
a) during broadcasting of a film work or a work expressed in a similar way 3) only if it lasts over 45 minutes including advertisements, no more than once during every completed 45-minute time sequence; further interruption is permissible, if the duration of such film including advertisements is longer by at least 20 minutes than two or more completed 45-minute time sequences; at least 20 minutes must pass between two subsequent interruptions;
b) during broadcasting of other audiovisual programmes except for provision of paragraph 3) only if the programme including advertisements lasts over 30 minutes, and no more than once in the course of every completed 30-minute time sequence; at least 20 minutes must pass between two subsequent interruptions.
(3) Interruption of news and religious programmes and programmes for children with advertisements is not permitted.
(4) The rights protected by the Copyright Act 4) remain untouched.
Article 7 Commercial Air Time
/1/ In television broadcasting time devoted to commercials may not exceed 3% for public television operators, 10% of daily air time for licence holders; the public television operator may increase this share to 10% and the licence holder to 20% and this if it includes direct offers to the public to buy, sell or lease products or enlist services, which may, however, not exceed 1 hour a day; in the course of 1 hour time devoted to commercials may not exceed 12 minutes. For public television operators commercial time between the hours of 7 pm and 10 pm cannot exceed 6 minutes in 1 hour.
/2/ In radio broadcasting time devoted to commercials may not exceed 5% for public radio operators, 20% of daily air time for licence holders.
Article 8 Obligations of Operators in the Broadcasting of Sponsored Programs
Operators are obligated:
a/ to clearly indicate every program and series of a program which is sponsored in part or in full at its beginning or at its end with the appropriate credits or announcements;
b/ to ensure that the content of the sponsored programs does not promote the sale, purchase or leasing of the sponsor's products or services or those of a third party, and particularly that the sponsor's products or services not be specially mentioned;
c/ to ensure that the content and time of broadcasting of the sponsored program not be influenced by the sponsor;
d/ to ensure that a program not be sponsored by a legal entity or individual whose main activity is the production, sale or leasing of products or the rendering of services whose commercial is not allowed ( article 6, paragraph 1, letter c );
e/ to ensure that news and current affairs programs are not sponsored.
Article 9 Special Obligations and Rights of Public Television and Radio Operators
/1/ The main obligation of the public television and radio operator is to serve public interest, contribute to the creation of a democratic society and reflect its pluralism in opinions particularly by not one-sidedly paying regard to individual opinion orientations, individual religious affiliations or world outlooks, the interests of one political party, movement, group or part of society.
/2/ Public television and radio operators are obligated:
a/ to ensure, with the appropriate communications bodies and organizations, the dissipation of their programs to the population of the territorial entity for which their broadcasts are destined;
b/ to ensure a diverse composition of programs which in their entirety caters to the interests of all strata of the population;
c/ to produce or order produced a significant share of the broadcasted programs in such a way that the cultural identity of nations, nationalities and ethnic groups of the Czech and Slovak Federative Republic be preserved and developed and that the development of domestic and European audiovisual creation be supported;
PART TWO RIGHTS AND OBLIGATIONS OF THE OPERATOR