Italy
[IT] New Contract of Service for the Public Service Broadcaster RAI
IRIS 2003-6:1/18
Maja Cappello
Autorità per le garanzie nelle comunicazioni (AGCOM)
On 23 January 2003 the Ministry of Communications and RAI, the Italian public service broadcaster (PSB), signed a new Contract of Service valid for the period 2003-2005. The Contract has to be renewed every three years according to a Convention binding both parties and signed in 1994, and has to lay down the public service broadcasting duties of the PSB. In particular, it concerns radio, television broadcasting and multimedia services, editorial content, technological services for the production and transmission of signals, financial management, auditing and monitoring systems and criteria for the financing through the public licence fee.
The general principles of the remit are established in Chapter I (articles 1 and 2), while the following Chapter deals with programming duties. According to article 3, public television broadcasting has to offer, inter alia, news and information items, programmes related to public institutions and public or social events, programmes aimed at minors and with an educational and cultural aim, scientific and environmental programmes, sport events, films of particular artistic value and European films and fictions. At least 65% of the total annual programming of all three PSB channels (RAIUNO, RAIDUE and RAITRE) and at least 80% of the programming of the third channel (RAITRE), transmitted between 6.00 and 24.00, has to be devoted to the public programmes mentioned. Radio broadcasting (article 4) has to include news, music, culture and information.
Specific rules are set out in Chapter 3: article 6 concerns the protection of minors, providing that between 7.00 and 22.30 all programmes have to be suitable for family viewing. At least 10% of the programmes transmitted during this part of the day have to be specifically made for children. Further provisions (articles 7-14) concern specific programming for handicapped people, educational programmes and European and international production.
Chapter 4 concerns technical investments in order to improve the quality of the signals and the coverage of the territory (articles 15-22). Article 23 charges RAI with the duty to facilitate the conversion from analogue to digital terrestrial transmissions, which has to be illustrated in a project to be presented to the Ministry, while the following provisions (articles 24-26) deal with innovation and research, multimedia and satellite services.
Chapter 5 (articles 27-29) deals with financing and accounting, while Chapter 6 (articles 30-33) concerns monitoring and control of the fulfilment of the duties provided for in the contract.
Before 1 July 2005 the Ministry and RAI have to start negotiations for drawing up a new contract for 20062008.
References
- Contratto di servizio tra il Ministero delle comunicazioni e la RAI - Radiotelevisione Italiana S.p.A. , 23 gennaio 2003, Gazzetta Ufficiale, 12 marzo 2003
- http://www.comunicazioni.it/it/DocSupp/627/contratto%20rai%202003_bis.pdf
- Contract of Service between the Ministry of Communications and the Italian radio and television broadcaster - RAI) , 23 January 2003 , Official Gazette of 12 March 2003
This article has been published in IRIS Legal Observations of the European Audiovisual Observatory.