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IRIS 2004-6:1/34 [SI] Freedom of Expression and Media in the Constitution

Freedom of expression and freedom of speech are protected by Article 39 para. 1 of the Slovenian Constitution of 23 December 1991 (last amended on 15 June 2004). Freedom of public appearance, of the press and other forms of public communication and expression are also guaranteed, along with freedom to collect, receive and disseminate information and opinions. In addition, Art. 39 para. 2 guarantees the right of citizens to obtain information of a public nature. Art. 40 of the Constitution guarantees the right to correct published information which has damaged a right or interest of an individual,...

IRIS 2004-6:1/33 [SI] Steps towards Cut-off of Analogue Television

Agencija za telekomunikacije, radiodifuzijo in pošto Republike Slovenije (Telecommunications, Radio and Post Regulatory Agency, ATRP) in cooperation with the Ministry of Communications is currently attempting to develop a plan for introducing digital broadcasting into the country. One of the major issues concerning the regulation of the transition period in 2008 arises from the fact that the national public broadcasting authority RTV Slovenija could be both the owner of the infrastructure as well as the major provider of digital terrestrial TV services. Prior to launching a digital, countrywide,...

IRIS 2004-6:1/31 [SI] Criticism of the Agreement between the Regulating Authorities and the TV Broadcasters

The agreement on the protection of minors concluded between the regulating authorities, the Svet za Radiodifuzijo (Broadcasting Council ­ SRDF), and the biggest TV broadcasters minors is subject to criticisms. The criticisms focus in particular on the alleged lack of compatibility of the agreement with Art. 84 paragraphs 1 and 3 of the Zakon o Medijih (Media Law ­ see IRIS 2004-5: 15). These regulations deal with the protection of children and adolescents against harmful broadcasting content. The broadcasting of violent and erotic content ­ scenes of extreme forms of pornography is generally...

IRIS 2004-5:1/25 [SI] Copyright Act Adopted

On 11 May 2004 the new Slovenian act on copyright and related rights entered into force. The scope of the act firstly covers the rights of authors in the range of literature, science and art.Furthermore, the new instrument also protects the rights of performers, producers of phonograms, film producers, broadcasting organisations and the publishers and makers of databases, which are known as related rights. The most interesting addition is that of so-called punitive damages for copyright infringements (Art. 168). Since copyright disputes in Slovenia are very different from other civil law procedures,...

IRIS 2004-5:1/23 [SI] Changes to Media Act Adopted

On 3 March 2004 the Slovenian government approved changes to the media act for first reading in the Parliament. It aims at the creation of conditions for media pluralism and the harmonisation of the sector with the acquis communautaire. The changes to the act were also necessary due to a new telecommunications bill. The changes shall improve the system of approving applications for more than a 20-percent ownership stake in print media, in line with the goal of maintaining media pluralism. The changes shall also enable the media to access public information and request access to non-public information...