Slovakia

[SK] New Broadcasting Act Comes into Force

IRIS 2000-9:1/25

Beatrix Kormanèíková

Office of the Council for Broadcasting and Retransmission

On 14 September 2000, the Slovak Parliament adopted the "Act on Broadcasting and Retransmission and on Amendments to the Act on Telecommunications No. 195/2000 Collection of Laws ("Coll."). The new Act replaces the Radio and Television Broadcasting Act No. 468/1991 Coll. as amended, the Act on the Council of the Slovak Republic for Radio and Television Broadcasting and on the Change of Act No. 468/1991 Coll. No. 160/1997 Coll. as amended, and § 1 of the Act on Provisions for Radio and Television Broadcasting No. 166/1993 Coll. as amended.

The new Act entered into force on the day of promulgation in Coll. of Law, i.e., on 4 October 2000.

The Act regulates: 1) the position and activity of the Council for Broadcasting and Retransmission (formerly called the Council of the Slovak Republic for Radio and Television Broadcasting) and 2) rights and duties of broadcasters, operators of retransmission systems and other defined subjects (including foreign subjects be it legal or natural persons).

The new Act fully harmonizes the Slovak law with European standards, in particular concerning:

- Jurisdiction

- Basic definitions

- Protection of human dignity and humanity, protection of minors and the right of reply

- European works and independent production of television program services

- Access by the public to information concerning broadcasting of television program services (the right to short report)

- Access by the public to events of major importance

- Advertising , teleshopping and sponsorship (e.g. advertising of alcohol, except beer, from 6.00 a.m. till 22.00 p.m. is totally forbidden. From 22.00 p.m. till 6.00 a.m, corresponding to European standards, special conditions must be fulfilled for advertising alcohol).

The main role of the Council for Broadcasting and Retransmission is to provide and support the public right to access information, the right to freedom of expression and the right of access to programmes of cultural value as well as of educational purposes. The Council is responsible for providing regulation on radio and television broadcasting and retransmission. The Council ensures that all broadcasters (both public and private services) achieve pluralism of information in news programmes and comply with legal provisions in radio and television broadcasting as well as retransmission of programme services.

The main tasks of the Council are licensing and regulating. The Council decides about licenses and registration of retransmission systems, it monitors broadcasting, gives warnings and imposes fines on broadcasters and cable operators that violate legal provisions. The Council grants additional frequencies to public service broadcasters, elaborates the plans of frequency spectrum usage for broadcasting in cooperation with the Telecommunication Authority. The Council monitors compliance with the European Convention on Transfrontier Television and represents Slovakia in The Standing Committee for Transfrontier Television of the Council of Europe. It participates in the formulation of state media policy, provides statements and proposals for international agreements concerning broadcasting, cooperates with international organisations as well as regulatory authorities of other countries (since 1996 the Council is a member of the European Platform of Regulatory Authorities - EPRA). The Council consists of nine members elected by the Slovak Parliament for a six year-period. The members may be re-elected for a second period of another six years.

Art. II of Act No. 308/2000 Coll. introduces four changes to the Act on Telecommunications. Most importantly, it determines that frequencies for radio and TV broadcasting will be free of charge (according to Act No. 195/2000 Coll. they were supposed to be paid for).