Lithuania

[LT] Radio and Television Commission adopts rules for codes of ethics for audiovisual media services and video sharing platforms

IRIS 2021-9:1/25

Indre Barauskiene

TGS Baltic

On 8 September 2021, the Lietuvos radijo ir televizijos komisija (Radio and Television Commission of Lithuania — RTCL) approved the description of the requirements to be applied to codes of ethics for audiovisual media services providers and video sharing platform services providers, and for the evaluation of their effectiveness (Sprendimas dėl Audiovizualinės žiniasklaidos paslaugų teikėjų ir dalijimosi vaizdo medžiaga platformos paslaugų teikėjų taikomų elgesio (etikos) kodeksų ar jų dalių veiksmingumo nustatymo tvarkos aprašo patvirtinimo; the requirements).

According to the requirements, audiovisual media services providers and video-sharing platform services providers (the providers) must declare that their activities comply with the provisions of a specific code, within six months of its adoption, and inform the RTCL in writing within 30 days of the date of application of the selected legal norms. Those providers will then become bound by the provisions of the declared code and, consequently, they must inform the regulator of any changes and amendments to it.

The requirements also set out the basic terms and conditions that codes of ethics must conform with. For example, a code of ethics must specify its goals and objectives; the arrangements for regular, transparent, and independent monitoring and evaluation of the achievement of the set goals; and any relevant sanctions.

Providers or their associations must adopt a code or adhere to an existing code of behaviour (ethics) dealing with the appropriateness of audiovisual commercial communications aimed at children regarding the recommended moderate consumption of food and drink. Such a code may be adopted as a stand-alone document or as part of an existing code.

Following the provisions of the requirements, the effectiveness of any code of ethics can be evaluated upon receipt of a complaint from an interested party or at the initiative of the RTCL. When assessing the effectiveness of the code and its compliance with the requirements, the RTCL shall determine whether the objectives and goals pursued are clearly understood, whether they are in conformity with the applicable law, whether the procedures for achieving the objectives are properly implemented, and whether the sanctions are effective and proportionate.

If the RTCL finds that the code of ethics is not sufficiently effective, it will inform the provider and set a deadline for the provider to eliminate the deficiencies. In the cases when the provider fails to remedy the deficiencies within the deadline, the RTCL may impose additional requirements that could lead to administrative liability.