Act of the Czech National Council No. 103 / 1992 Coll.
Act of the Czech National Council on the Council of the Czech Republic for Broadcasting
Valid
Effective from 05.03.1992
103
THE LAW
Czech National Council
of 21 February 1992
on the Council of the Czech Republic for Broadcasting
The Czech National Council decided on this law:
(1) The Council of the Czech Republic is hereby established for radio and television broadcasting (hereinafter referred to as the Council).
(2) The Council oversees compliance with the legislation governing radio and television broadcasting (1) (hereinafter referred to as "broadcasting"), ensures the development of pluralism and the independence of its operation.
(3) The Council shall, within a specified range (2), exercise state administration in the field of broadcasting.
Activities of the Council
(1) The Council shall in particular:
(a) participate, in cooperation with the Federal Council for Broadcasting (hereinafter referred to as the Federal Council), in its opinions and proposals on the development of the principles of state policy of the Czech and Slovak Federal Republics in relation to broadcasting and the concept of its development;
(b) participate, in cooperation with the Federal Council, in drawing up plans for the use of frequencies for broadcasting;
(c) participate in its opinions and proposals on the development of the principles of national policy of the Czech Republic in relation to broadcasting and establish the concept of its development;
(d) to comment on the granting and withdrawal of licences under the responsibility of the Federal Council;
(e) grant and revoke broadcasting licences in respect of entities operating solely on the territory of the Czech Republic or where their activity does not substantially exceed the territory of the Czech Republic, 3)
(f) fix time limits for rectification and impose fines (4) to holders of licences which they have granted, to operators who have been granted a broadcasting authorisation by the Czech National Council, (5) or to entities without a licence for which they are responsible;
(g) deliver opinions on the proposals and implementation of international agreements relating to broadcasting and submit their opinions to the Federal Council;
(h) keep a register of the licences it has granted and amend them;
(i) keep a register of radio and television broadcasters with registration.
(2) The Council is required to report to the Czech National Council on the status of the broadcast and on its activities at least once a year or whenever the Czech National Council so requests.
(3) The Council regularly publishes an overview of licence applications and an overview of licences granted and their amendments, and plans for the use of frequencies for broadcasting.
(1) The Council has 13 members. The members of the Council are elected and dismissed by the Czech National Council in such a way as to represent different opinion streams in the Council.
(2) The members of the Council are elected for a term of office of six years, including again; in that case, however, not for more than two consecutive periods. New members are elected to empty seats for a period of six years.
(3) The members of the Council are always members of the Federal Council elected by the Czech National Council.6) The ban on membership of the Federal Council will cease to exist.
(4) Membership of the Council is a public function.7) In the context of its performance, the members of the Council shall be remunerated accordingly. 8) Travel costs to members of the Council shall be granted in accordance with the general legislation.
(5) The Council is responsible for its activities to the Czech National Council.
(1) A member of the Council may be elected a citizen of the Czech and Slovak Federal Republic, who is eligible for legal action, is righteous and has a permanent residence in the Czech Republic.
(2) Membership in the Council is incompatible with the office of President of the Czech and Slovak Federative Republic, Member, President or Deputy Prime Minister, Minister or Head of another central body of government and their Deputy Directors and with the function of member of the Council of the Czech Television 9) and of the Council of the Czech Radio. 10)
(3) The members of the Council may not serve in political parties or political movements or act for their benefit in the performance of their duties in the Council; in addition, they shall not be members of a body of companies active in the field of the media or represent commercial interests which could be contrary to their function or could adversely affect their impartiality and objectivity. A member of the Council and a person close to it (11) may not have any financial interest in the operation of a broadcast given by ownership, employment or other similar relationship.
(1) Membership of the Council shall cease to exist
(a) the expiry of the term of office;
(b) resignation;
(c) withdrawal from office;
(d) waiving or restricting legal capacity;
(e) deaths;
(f) the disappearance of membership of the Federal Council.
(2) The Czech National Council of a member of the Council shall withdraw from office:
(a) if it does not meet the conditions for the performance of the duties set out in Section 4 of this Act, or
(b) where he has been definitively convicted of an intentional offence or of another offence where he has been subjected to an unconditional custodial sentence.
(3) The Czech National Council may revoke a member of the Council if a member of the Council does not perform his duties for at least six months.
(4) The Czech National Council may revoke the Council if the Council does not fulfil the obligations under Article 2 (3) of this Act or if it does not re-approve the report on the Council's activities. The activity report shall be submitted by the Council to the Czech National Council by the end of February of the calendar year.
(1) The Council shall elect the President of the Council from among its members for a term of three years. The President of the Council shall direct and act on behalf of the Council.
(2) The Council shall take decisions by an absolute majority of its members.
(3) The activities of the Council are governed by the Rules of Procedure, which the Council shall adopt within 30 days of the beginning of its term of office.
(1) The activities of the Council are carried out by the Office of the Council of the Czech Republic for Radio and Television Broadcasting (hereinafter the Office). The Office is an institution of the Council and its activities are covered by the Council's budget. The Council may entrust the Office with the exercise of its activities under this Act, with the exception of decision-making activities under Paragraph 2 (1) of this Act.
(2) The Head of the Office shall be appointed and removed by the Council. The Head of the Office shall be under the authority of the President of the Council.
(3) The Council Statute shall determine the details of the organisation of the activities of the Council and the Office as well as the level of remuneration of the members of the Council. The Council Statute is approved by the Czech National Council on a proposal from the Council.
The activities of the Council are covered by the state budget of the Czech Republic.
Provisions common, transitional and final
The Government of the Czech Republic and the authorities of the Government of the Czech Republic cooperate with the Council on broadcasting matters and are in particular obliged, when it comes to broadcasting, to seek the opinion of the Council at all times and to provide the Council with the necessary synergies within the limits of their competence.
The powers of the Council under Article 2 shall also apply to legal and natural persons who have been allowed to broadcast on the basis of a resolution of the Bureau of the Government of the Czech and Slovak Federal Republic or on the basis of a licence issued by the Interministerial Commission of the Government of the Czech and Slovak Federal Republic and by the commissions of the Ministry of Culture of the Czech Republic. 12)
Act of the Czech National Council No. 2 / 1969 Coll., on the establishment of ministries and other central authorities of the Czech Socialist Republic, as amended, is amended as follows:
Section 8 reads:
The Ministry of Culture shall be the central body of the State Administration for Arts, Cultural Education, Cultural Monuments, Press Affairs, including the publication of non-periodical printing and other means of information other than radio and television broadcasting, the implementation of the Copyright Act and the production and trade in culture. '
This Act shall take effect on the day of its publication.
Burešová v. r.
Pithart v. r.
1) For example Act No. 136 / 1991 Coll., on the division of competence between the Czech and Slovak Federal Republic and the Czech Republic and the Slovak Republic in matters of printing and other information, Act No. 468 / 1991 Coll., on the operation of radio and television broadcasting, Act No. 483 / 1991 Coll., on Czech Television, Act No. 484 / 1991 Coll., on the Czech Radio.
2) § 2 (b) of Act No. 136 / 1991 Coll. § 10 (3) and § 20 (1) of Act No. 468 / 1991 Coll.
3) § 2 (b) of Act No. 136 / 1991 Coll.
4) § 20 of Act No. 468 / 1991 Coll.
5) Act No. 483 / 1991 Coll. Act No. 484 / 1991 Coll.
6) Paragraph 18 (1) of Act No. 468 / 1991 Coll.
7) Paragraph 124 (1) of the Labour Code.
8) Paragraph 124 (2) of the Labour Code.
9) § 4 of Act No. 483 / 1991 Coll.
10) § 4 of Act No. 484 / 1991 Coll.
11) § 116 of the Civil Code.
12) § 25 of Act No. 468 / 1991 Coll.
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Regulation Information
| Citation | Act of the Czech National Council No. 103 / 1992 Coll., on the Council of the Czech Republic for Radio and Television Broadcasting |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 05.03.1992 |
|---|---|
| Effective from | 05.03.1992 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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