Slovakia

[SK] Statute on Media Services enters into force

IRIS 2023-2:1/10

Andrei Richter

Comenius University (Bratislava)

The Statute of Slovakia “On Media Services and on Adoption of Amendments to Certain Statutes” (the Statute on Media Services) was adopted by the National Council (Parliament) of the Slovak Republic on 22 June 2022, and enters into force on 1 August 2022, and in part – on 1 January 2023 and on 1 January 2027.

The Statute contains 244 Articles and regulates the activities of broadcasters, providers of audiovisual media services, operators of rebroadcasting, multiplex providers and video hosting providers, if they are registered, headquartered or reside in Slovakia.

Suppliers of content are free and independent in their activity, including journalistic activity (Articles 8 and 16). Broadcasters’ news programmes are to be objective and fair, while facts therein are to be separated from opinions (Article 25). Content service providers are liable for the content, unless it is advertising by third parties; emergency public notices ordered by a public authority; the content of a third-party message, the publication of which fulfills an obligation established by law; the content of information provided by an official mentioned in the Constitution, a budget organisation or a sponsoring organisation established by a public authority or a legal entity in accordance with the law; or for content published in accordance with the right of reply and the right of correction (Article 15).

The Statute provides for the obligation of content providers and their staff to keep confidential sources of information secret (Article 17) and to respect the right of reply and the right of correction (Articles 212 - 214).

In relation to broadcasters, the Statute provides for the right of short news reports (Article 23) and the right of access by the public to television coverage of events of major importance for society, the list of which is to be provided by the media regulator, the Council for Broadcasting and Retransmission (Article 24). The Statute provides for the rights of minors in relation to broadcasting and other audiovisual media services (Article 62); the protection of European works (granting them the majority of airtime) (Articles 63 - 64); and independent production (minimum 10 per cent of airtime) (Articles 65 - 66) on TV.

A significant section of the Statute is dedicated to the regulation of commercial speech (Part 11), while Part 14 provides for state regulation, functions of the media regulator, as well as self-regulation. The nine members of the regulator are elected for a six-year term by the Parliament (Articles 114 and 116). Part 15 provides for the sanctions that are at the disposal of the regulator (notice, public announcement, suspension, monetary fine, withdrawal of the licence). Part 17 of the Statute regulates licensing and other permits issued by the regulator.

The Statute replaces the 2000 Statute “On Broadcasting and Rebroadcating” (No 308/2000) and the 2007 Statute “On Digital Broadcasting” (No 220/2007), as well as amending a number of other national statutes.