Croatia

[HR] Rulebook on Fund for Promotion of Pluralism and Diversity of Electronic Media

IRIS 2008-5:1/19

Nives Zvonarić

Ministry of Culture, Zagreb, Croatia

In January 2008 the Agencija za elektroničke medije (Agency for Electronic Media) passed the Rulebook on the manner and proceedings of public tenders for co-financing of programme contents from the Fund for the Promotion of Pluralism and Diversity of Electronic Media: including criteria for the distribution of financial funds, monitoring of the use of financial means and the realisation of programme contents through allocated funding. The adoption of the Rulebook was carried out on the basis of Article 57, paragraph 5 of the Law on Electronic Media (see IRIS 2007-9: 15).

The Fund for the Promotion of Pluralism and Diversity of Electronic Media has been established within the Agency for Electronic Media and the financial resources of the Fund are:

- three percent of the fee collected by the public service broadcaster, Croatian radio and television, pursuant to Article 54 paragraph 1 of the Law on Croatian Radio and Television;

- unused funds according to the final report of the Council for Electronic Media pursuant to Article 58 paragraph 8 of the Law on Electronic Media.

The resources of the Fund shall help to stimulate the production of programme content published by electronic media at local and regional level, which is of public interest and is of particular importance to:

- the exertion of citizens’ right to information;

- national minorities in the Republic of Croatia;

- the encouragement of special programmes in the areas of special state care;

- the encouragement of cultural works;

- the development of education, science and art;

- the promotion of works in Croatian language dialects;

- the enhancement of the awareness of gender equality.

The Fund shall encourage the employment of highly educated professionals in the electronic media at local and regional level.

Funds are equally distributed for the promotion of pluralism as well as radio and television programme diversity. The resources of the Fund shall, however, not be used for the encouragement of entertainment programmes and may not be awarded to those programmes that are already supported from the budget on any other basis.

Funds are awarded through public tenders. Tenders shall be announced at least once a year, on 15 May, by a decision of the Council for Electronic Media. All broadcasters with concessions for performing radio and television activities at local and regional level have the right to participate.

The decision about the distribution of funds is to be taken by the Council within 60 days after the closing date of the tender and is then distributed to all participants of the tender. The participants in the tender have no right of complaint against the decision of the Council, but they may initiate an administrative procedure.

The winner of the tender has to use the granted funds according to the decision of the Council and its application to the tender. On the basis of the Council’s decision an agreement is signed with the participants to whom funding is awarded.

The beneficiaries have to compile a report regarding the disbursement of granted funds.

Radio and television broadcasters who use the granted funds contrary to the provisions of the Rulebook, or do not realise programme content, or realise it contrary to the provisions of the Rulebook and contrary to the signed agreement, shall reimburse the funds including legal default interests within 15 days following a respective Council decision. Only an administrative dispute may be initiated against such a decision of the Council.