Czechia

[CZ] Proposal for New Broadcasting Act

IRIS 1999-9:1/24

Jan Fučík

Česká televize

The Ministry of Culture of the Czech Republic submitted to the Government of the Czech Republic a proposal for a new Broadcasting Act (Zákon o provozování rozhlasového a telvizního vysílání a prevzatého vysílání).

The proposal is intended to implement the revised «Television without Frontiers» Directive and the European Convention on Transfrontier Television (as amended by the Protocol of 1998) into Czech Law. In its introductory provisions the Act contains some definitions, many of which correspond to the definitions of the Directive. In addition, the Act sets out criteria to determine in which country a broadcaster is established. These comply with the European Convention on Transfrontier Television.

The new Act will establish the rules for the transmission of the major events (which are regarded as being of major importance for the society and that are not to be broadcast on an exclusive basis in such a way as to deprive a substantial proportion of the public of the possibility of following such events). The list of major events will be announced by the Ministry of Culture and by the broadcasting regulatory body. It is expected that the list will comprise the Olympic games, the World and European Championships in football and the World Championships in ice hockey.

Television broadcasters shall comply with the quotas of European programs and programs of independent producers. While public television shall respect the quotas immediately, commercial TV must achieve them gradually following the decision of the regulatory authority. Television broadcasters shall ensure that programs capable of impairing the development of minors may be broadcast only between 22.00 and 06.00 hours. It is mandatory to ensure that such programs are notified in advance with the help of an acoustic warning and that they remain identifiable by the presence of a visual symbol. The proposal contains provisions for plurality in radio and television broadcasting. These provisions are based on quantitative restrictions regarding the holding of licences and shares of the capital stock. Penalties for violation of the Law are increased. The suspension of broadcasting, the reduction of the licensed period or even the withdrawal of the licence, are all possible.

The government of the Czech Republic will discuss the proposal before the end of the year. If the proposal is approved, it will be submitted to the Parliament of the Czech Republic.


References

  • Zákon o provozování rozhlasového a telvizního vysílání a prevzatého vysílání, 30 September 1999.
  • Proposal for a new Broadcasting Act of 30 September 1999.

This article has been published in IRIS Legal Observations of the European Audiovisual Observatory.