Slovakia

[SK] New Audiovisual Act Adopted

IRIS 2008-2:1/31

Jana Markechová

Markechova Law Offices

As reported earlier (see IRIS 2007-6: 19) the Slovak Ministry of Culture and Arts had prepared a new draft media law the main purpose of which was to bring Slovak audiovisual law in line with the European Convention for the Protection of the Audiovisual Heritage.

The new law has now entered into force on 1 January 2008 as Act. No. 343/2007 concerning conditions of registration, public distribution and storage of audiovisual works, sound and picture recordings of artistic performances and multimedia works, called the Audiovisual Act. This Act has completely replaced the former Audiovisual Media Act No. 1/1996 (see IRIS 2006-8: 19).

The new Audiovisual Act provides, in particular, for the following:

- the obligations of natural and legal persons operating in the audiovisual and cinematography area with regard to the production, distribution and registration of audiovisual work, sound recording of artistic performances and multimedia works, in particular the obligations to inform in order to protect the Slovak audiovisual heritage;

- the creation of a unified system of compulsory labelling in order to protect minors;

- the position and activities of the Slovak Film Institute and the conditions of protection of the Slovak audiovisual heritage;

- the position and the qualification of independent producers.

As mentioned, the Audiovisual Act regulates the protection of minors and compulsory labelling of audiovisual works by a unified system of marking (USM). This USM shall provide basic information about inaccessibility, appropriateness or inappropriateness of audiovisual works, artistic performances, multimedia works and programmes or other parts of programme services for minors under the ages of 7, 12, 15 or 18 years. Producers and distributors of Slovak audiovisual works, Slovak sound and picture recordings of artistic performances and Slovak multimedia works are obligated to determine the age level for Slovak audiovisual works according to the USM. Operators of audiovisual technical equipment, video deposit or gaming clubs are obligated to ensure the classification (the appropriation according to the age level) determined by the producers of audiovisual works. Distributors have the duty to synchronise audiovisual works for minors under the age of 12 years into the Slovak language.

It should be noted that the Slovak Government has also approved the controversial draft of the Press Act, which regulates the right of correction as well as the right of counterstatement. Newspapers will be obliged to publish not only corrections but also the reactions of aggrieved persons. The new draft of the Press Act also provides the obligations of the media to protect the source and the origin of published information. The draft will be submitted to the Slovak Parliament.