Act No. 132 / 2010 Coll.
Law on audiovisual media services on request and on the amendment of certain laws (Law on audiovisual media services on request)
Valid
Effective from 01.06.2010
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132
THE LAW
of 13 April 2010
on audiovisual media services on request and amending certain laws (Law on audiovisual media services on request)
Parliament has decided on this law of the Czech Republic:
AUDIOVISUAL MEDIAL REQUEST SERVICES
Subject matter
This law implements the relevant provisions of the European Union1) and regulates the conditions for the provision of audiovisual media services on request.
Basic concepts
(1) For the purposes of this Act:
(a) on-demand audiovisual media service, the information society service (2) under the editorial responsibility of the audiovisual media service provider on demand, the main purpose or the main purpose of which is to provide the public with programmes for information, entertainment or education, and which allows the monitoring of programmes at the time of the choice of the user and at his individual request on the basis of a programme catalogue drawn up by the audiovisual media service provider on demand (hereinafter referred to as the "programme catalogue"),
(b) a moving image sequence with or without sound, which, irrespective of its length, represents an individual item in the programme catalogue and the form and content of which are comparable to the form and content of television broadcasting, in particular a feature film, a video clip, a record of a sporting event, a situation comedy, a documentary programme, a programme for children or original production;
(c) editorial responsibility to exercise a decisive influence on the selection of programmes and their organisation in the programme catalogue;
(d) by the provider of the audiovisual media service on request, acting by a natural or legal person who determines the way in which the audiovisual media service is organised on request and has editorial responsibility for that service;
(e) by audiovisual commercial communication, a visual sequence with or without sound which is intended to promote directly or indirectly the goods or services of a person engaged in an economic activity or, where appropriate, his image in public and which accompanies the programme or is included in the programme for consideration or for the purposes of his own promotion; audiovisual commercial communication may take the form of advertising in particular (3), sponsorship or product placement;
(f) a hidden audiovisual commercial communication of the verbal or visual presentation of goods, services, names or names, trade marks or activities of the manufacturer of the goods or service provider in the programmes, where the provider of the audiovisual media service on request intentionally presents such a presentation with an advertising aim and could thus mislead the public about the nature of the presentation; the presentation is considered to be intentional in particular if it is performed for consideration or for a similar consideration;
(g) by sponsoring any contribution from a natural or legal person who does not provide an audiovisual media service on request, does not provide television broadcasting, does not provide a video sharing platform service, nor produces audiovisual works provided for direct or indirect financing of audiovisual media services on demand, video sharing platform services, user-generated video recordings or programmes in order to promote its name or name, trade mark, product, service, activity or image in public;
(h) the placing on the market of a product of any form of audiovisual commercial communication consisting of the incorporation of a product, service, trade mark relating to a product or service, or the reference to a product or service in a programme or in a video recording for consideration or similar consideration;
(i) the Code of Ethics sets out a set of rules for the implementation of self-regulation adopted by its main stakeholders, setting out in particular the objectives of self-regulation, the procedures for regular, transparent and independent monitoring and evaluation of the implementation of those objectives and the mechanism for the resolution of complaints, including the mechanism for the enforcement of adequate penalties for infringements;
(j) evaluation periods of three years immediately following each other.
(2) An audiovisual media service on request shall not be considered as:
(a) a service which is not primarily economic or does not compete with television broadcasting;
(b) a service not intended for public reception;
(c) a service the principal purpose of which is not to provide programmes; or
(d) a service which cannot be received directly or indirectly by the public in any Member State of the European Union by means of equipment technically eligible for the individually optional reproduction of audiovisual media services on request available on the trading network.
Scope of the law
(1) This Act shall apply to on-demand audiovisual media service providers established in the Czech Republic under paragraph 2 or to whom paragraph 3 applies.
(2) An audiovisual media service provider on request is considered established in the Czech Republic,
a) has a seat or place of business in the Czech Republic and editorial decision15) is adopted in the Czech Republic,
(b) if it has its registered office or place of business in the Czech Republic, but the editorial decision is taken in another Member State of the European Union if:
1. a substantial part of its staff providing on-demand audiovisual media services related to the selection and provision of programmes (hereinafter referred to as "programmes") operates in the Czech Republic,
2. a substantial proportion of its staff providing audiovisual media services on demand related to programmes are active both in the Czech Republic and in that other Member State of the European Union; or
3. a substantial part of its staff providing audiovisual media services on request related to programmes does not operate in the Czech Republic or in that other Member State of the European Union on condition that the provision of audiovisual media services on request first started in the Czech Republic under the Czech legal order and maintains permanent and effective involvement in economic life in the Czech Republic; or
(c) if it has its registered office or place of business in the Czech Republic, but it takes decisions on an audiovisual media service on request in a State which is not a Member State of the European Union or vice versa, provided that a substantial part of its staff providing an audiovisual media service on request is operating in the Czech Republic.
(3) If an audiovisual media service provider cannot be regarded on request as established in the Czech Republic under paragraph 2, nor can it be considered as established in another Member State of the European Union, this law shall apply to it if it makes use of the provision of audiovisual media services on request.
(a) a device for transmitting an ascending signal to a satellite located in the Czech Republic; or
(b) the satellite capacity belonging to the Czech Republic if it does not use the device for transmitting the ascending signal to a satellite located in the Czech Republic or another Member State of the European Union.
(4) On-demand audiovisual media service providers, which cannot be considered as established in the Czech Republic under paragraph 2, nor can they be considered as established in another Member State of the European Union and which do not meet any of the conditions laid down in paragraph 3 in the Czech Republic or in another Member State of the European Union, shall be subject to this law only if they are deemed to be established in the Czech Republic under the Treaty establishing the European Community (4).
Scope of the Broadcasting Council
(1) The Administrative Authority responsible for supervising compliance with this Act is the Radio and Television Broadcasting Council (hereinafter referred to as the Council).
(2) Council
(a) maintain and update a list of audiovisual media service providers on request established or deemed to be established in the Czech Republic, indicating for each provider which of the criteria set out in § 3 (2) to (4) gives the Czech Republic jurisdiction over it; the list of audiovisual media service providers on request and its update without undue delay shall be transmitted to the European Commission for access to the centralised database,
(b) negotiate offences under this law;
(c) monitor the content of audiovisual media services on request;
(d) cooperate with the institutions of the European Union and with the regulatory authorities of the Member States of the European Union with a similar substantive scope, in particular in the transmission and acquisition of data and information provided for by law, decisions made pursuant to the law or legal acts of the European Union, and carry out other tasks arising from the membership of the Czech Republic in the European Union for the regulation of audiovisual media services on request;
(e) cooperate in the field of the regulation of audiovisual media services on request with the competent authorities of States which are not Member States of the European Union.
List of audiovisual media service providers on request
(1) The Council shall include in the list of audiovisual media service providers on request the following services:
(a) the name of the audiovisual media service on request;
(b) the information to which the audiovisual media service provider is obliged, on request, to allow the recipients of the service access pursuant to Article 6 (1) (a) and (b);
(c) identification of the electronic communications network through which the audiovisual media service is provided on request and information on access to the audiovisual media service on request, in particular the address of the website;
d) an indication which of the criteria provided for in § 3 (2) to (4) in respect of the provider of the audiovisual media service on request gives rise to the competence of the Czech Republic.
(2) The Council shall enter the information provided for in paragraph 1 in the list of providers of audiovisual media services on request and at the same time send confirmation of the implementation of this registration to the provider of audiovisual media services on request.
(3) The audiovisual media service provider on request shall notify the Council in writing of the change of the data referred to in paragraph 1 (d) no later than 30 days after the change of the data has taken place. The Council shall enter this fact in the list of audiovisual media service providers on request within 30 days of the date of receipt of the notification referred to in the first sentence or of the date on which it becomes aware otherwise.
(4) Each person shall have the right to consult and obtain extracts or copies of audiovisual media service providers on request.
(5) The Council shall publish the data referred to in paragraph 1 (a) and (b) in a manner which allows remote access.
Obligations of audiovisual media service providers on request
(1) The audiovisual media service provider on request is obliged to allow the recipients of the service easy, direct and continuous access at least to:
(a) the basic information concerning the audiovisual media service provider on request, which is the name or name and identification number, if any, of the registered office in the case of a legal person or residence in the case of a natural person and, with a foreign person, the address of the undertaking or the organisational body in the territory of the Czech Republic, if established,
(b) data enabling rapid, direct and effective contact with the audiovisual media service provider on request, in particular with the postal address for delivery, telephone number, website address, or e-mail address where appropriate; and
(c) information that its activities are governed by the law of the Czech Republic and that the Council is the authority to supervise the provision of audiovisual media services on request.
(2) The audiovisual media service provider on request is obliged to ensure that the audiovisual media service on request does not contain a message deliberately processed in such a way as to affect the subconscious of a natural person without being knowingly perceived by that person, and does not encourage violence or hatred against a group of persons or a member of a group on grounds of sex, race, colour, language, religion or belief, political or other views, ethnic or social origin, genetic features, citizenship, membership of a national minority, property, birth, birth, disability, age, sexual orientation or other status.
(3) The audiovisual media service provider on request shall ensure that records of all programmes and audiovisual commercial communications accompanying or included in the programmes are kept in the appropriate technical quality and disseminated in the audiovisual media service on request, for at least 30 days from the date of completion of the programme or for 30 days from the date of completion of the dissemination of the audiovisual commercial communication, and on a written invitation to the Council to lend them; the audiovisual media service provider on request shall have the right to compensate the Council for the necessary costs associated with the lending of programme records and audiovisual commercial communications.
(4) Where a procedure has been initiated before a public authority concerning a particular programme or audiovisual commercial communication, the provider of the audiovisual media service shall, on request, be obliged, at the written invitation of the competent public authority, to maintain the record of the programme or audiovisual commercial communication in the form in which it was provided and of appropriate technical quality until a final decision on the matter has been taken.
(5) On request, the audiovisual media service provider is required to provide the Council with the comments and information necessary for the exercise of its powers under Articles 4 (2) (d) and (e) and 15 on a written invitation.
(6) On-demand audiovisual media service provider is obliged to ensure that on-demand audiovisual media services do not contain public provocation to commit terrorist offices16).
(7) Without the express consent of the relevant audiovisual media service provider on request, no one shall be entitled to make the audiovisual media service available or disseminate to the public on request for any other purpose.
(8) Without the explicit consent of the relevant audiovisual media service provider on request, no one is entitled to intervene in the audiovisual media service on request, in particular:
(a) to amend or modify the audiovisual media service on request or its individual parts in substance or technically;
(b) interrupt the audio or visual component of the audiovisual media service on request or its individual parts; or
(c) to overlap, in whole or in part, the audio or visual component of the audiovisual media service on request or its individual parts, including audiovisual commercial communications and other notices; in the case of a visual component of an audiovisual media service on request, also reduce the scope of its display on the receiver screen.
(9) Paragraph 9 shall not apply to:
(a) an overlap reserved for the recipient of an audiovisual media service on request exclusively for private use and not for the direct or indirect economic benefit of another person;
(b) the user interface controls necessary for the operation of the display receiver or for programme orientation, such as volume settings, search functions, indicative offers or lists of available programmes;
(c) the overlap provided by the relevant audiovisual media service provider on request, including subtitles or commercial communications; or
(d) data compression techniques which reduce the size of the data file and similar techniques necessary for adapting to distribution devices such as resolution or coding, provided that they do not in any way alter the content of the audiovisual media service on request or its individual parts.
Protection of minors
(1) Provider of audiovisual media services on request
(a) ensure that, by choosing appropriate measures, programmes which may interfere with the physical, psychological or moral development of minors, such as pornography or gross self-effective violence, are not normally able to see or hear such persons; such measures include age verification tools or other technical measures to prevent minors from accessing the programme; and
(b) provide sufficient information, in relation to the programmes referred to in point (a), on the content potentially harmful to minors present in those programmes, in such a way as to make them readily and without charge available.
(2) The personal data of minors collected or otherwise obtained by the audiovisual media service provider on request for the purpose of complying with paragraph 1 (a) shall not be processed for commercial purposes, in particular for direct marketing, profiling and advertising on a behavioural basis.
Making audiovisual media services available on request to persons with hearing and vision disabilities
(1) An audiovisual media service provider on request is required, where appropriate, to provide open or hidden subtitles to the programme (6) or interpretation into the Czech sign language for persons with hearing disabilities and audiodescriptors (7) for persons with visual impairment, if available, or otherwise ensure that certain programmes provided under the audiovisual media service on demand are accessible to persons with hearing disabilities and to persons with visual impairment.
(2) The audiovisual media service provider, upon request, shall, after consultation with organisations based in the Czech Republic, bringing together persons with hearing disabilities and persons with visual impairment, process for the evaluation period an action plan for making available offered programmes for persons with hearing disabilities and persons with visual impairment (hereinafter referred to as the "Action Plan"), which undertakes to increase the overall proportion of programmes made available to persons with hearing disabilities and persons with visual impairment by means of appropriate measures compared to the immediately preceding evaluation period. The action plan shall be prepared by the provider of more than one audiovisual media service on request, broken down by service and by current year from 1 July to 30 June. The evaluation periods of the Action Plans shall always begin on 1 July of the first calendar year of their duration and end on 30 June of the last calendar year of their duration. The audiovisual media service provider shall submit to the Council, on request, a new Action Plan by 30 June of each calendar year, which shall be the end of the previous evaluation period.
(3) The audiovisual media service provider shall, on request, submit to the Council an evaluation of the implementation of the Action Plan by 30 September of each calendar year for which the end of the relevant evaluation period has come.
(4) The obligations referred to in paragraphs 1 and 2 shall not apply to programmes which, due to their nature, cannot or are not useful for persons with hearing disabilities and for persons with visual impairment, in particular:
(a) music programmes;
(b) programmes aimed solely at promoting own audiovisual media services on demand, products, services and other activities related to the provision of their own audiovisual media service on demand; or
(c) programmes consisting solely of graphics or videotext without an accompanying spoken word.
Support for European creation
(1) On-demand audiovisual media service provider is obliged to reserve at least 30% of the total number of programmes offered in the programme catalogue of its service over the reference period and to ensure its highlighting. The total number of programmes determining the proportion of European works shall not include news programmes, records of sports events and competition programmes.
(2) The obligations referred to in paragraph 1 shall not apply to on-demand audiovisual media service providers with low turnover and on-demand audiovisual media service providers with low ratings. The obligations referred to in paragraph 1 shall also not apply to services or programmes for which, due to their nature or thematic focus, their performance would be impracticable or unjustified. Compliance with low turnover and low ratings is assessed in accordance with guidelines issued by the European Commission, which the Council publishes on its website as published in the Official Journal of the European Union17).
(3) The audiovisual media service provider on request shall, within 30 days of the end of the reference period, submit to the Council a report on the fulfilment of the obligations referred to in paragraph 1 and, if it fails to fulfil the obligations referred to in paragraph 1 during the reference period, shall also provide the Council with a justification for not doing so.
(4) For the purposes of paragraphs 1 to 3, the reference period is the calendar year.
Obligations of on-demand audiovisual media service providers concerning audiovisual commercial communications
(1) On-demand audiovisual media service provider is obliged to ensure that audiovisual commercial communications contained in the audiovisual media service provided by it on-demand
(a) it is easily identifiable;
(b) does not disturb human dignity;
(c) does not contain or promote discrimination against a group of persons or a member of a group on grounds of sex, racial or ethnic origin, nationality, religion or belief, disability, age or sexual orientation;
(d) does not promote health or safety-threatening behaviour;
(e) does not promote serious environmental protection behaviour.
(2) They shall be prohibited:
(a) hidden audiovisual commercial communications,
(b) audiovisual commercial communications concerning cigarettes, other tobacco products, electronic cigarettes or substitutes;
(c) audiovisual commercial communications relating to medicinal products or medical procedures which are available for medical prescription only in the Czech Republic;
(d) audiovisual commercial communication indicating that the country of origin of the food is the Czech Republic, unless the requirements laid down by the Food and Tobacco Production14 are met;
(e) audiovisual commercial communications containing subthreshold techniques;
(f) audiovisual commercial communications concerning psychomodulatory substances.
(3) Audiovisual commercial communications relating to alcoholic beverages must not be specifically targeted at minors and must not promote non-moderate consumption of such beverages.
(4) Audiovisual commercial communications must not endanger minors physically, mentally or morally by:
(a) directly encourage minors to buy or rent a particular product or service using their inexperience or credibility;
(b) directly encourage minors to talk their parents or other persons into buying the goods or services offered;
(c) use the special trust of minors in their parents, teachers or other persons; or
(d) they show minors in dangerous situations for no reason.
Specific provisions on audiovisual commercial communications concerning alcoholic beverages and food and beverages containing nutrients and substances not recommended for excessive intake
(1) Audiovisual commercial communications concerning alcoholic beverages may not:
(a) display minors consuming alcoholic beverages;
(b) combine the consumption of alcoholic beverages with increased physical performance or with the driving of a motor vehicle;
(c) to give the impression that the consumption of alcoholic beverages contributes to social or sexual success;
(d) claim that alcoholic beverages have therapeutic, stimulating or soothing effects, or that they are a means of resolving personal conflicts;
(e) show abstinence or moderation in the consumption of alcoholic beverages in an unfavourable light; or
(f) highlight the high alcoholic strength as a positive characteristic of the alcoholic beverage.
(2) Paragraph 1 shall not apply to the sponsorship and location of a product.
(3) The ethical codes of self-regulation lay down more detailed requirements for audiovisual commercial communications concerning alcoholic beverages. Their aim must be to effectively limit the exposure of minors to audiovisual commercial communications concerning alcoholic beverages.
(4) The ethical codes of self-regulation lay down more detailed requirements for audiovisual commercial communications which accompany or are included in programmes for children and concern food and beverages containing nutrients and substances with nutritional or physiological effect, in particular fat, saturated fats, trans-fatty acids, salt or sodium and sugars, the excess intake of which is not recommended in the overall diet. The objectives of these codes must be to ensure effectively that audiovisual commercial communications do not highlight the positive characteristics of the nutritional aspects of these foods and beverages, as well as to effectively limit the exposure of minors to audiovisual commercial communications concerning these foods and beverages.
Obligations of on-demand audiovisual media service providers in connection with sponsored audiovisual media services on demand and programmes
(1) Audiovisual media services on request and programmes that are sponsored shall meet the following requirements:
(a) their content shall not be affected by the manner in which editorial responsibility and independence of the audiovisual media service provider may be affected on request;
(b) may not directly encourage the purchase or hire of goods or services, in particular by specifically mentioning goods or services for the purpose of promotion.
(2) Audiovisual media services on request and programmes must not be sponsored by persons whose main activity is the manufacture or sale of cigarettes, other tobacco products, electronic cigarettes or substitutes for cigarettes or psychomodulatory substances.
(3) When sponsoring audiovisual media services on demand and programmes by persons whose activity involves the manufacture or distribution of medicinal products or medical procedures, the name or the name of the sponsor or his public image may be promoted, but no prescription-related medicinal products or medical procedures in the Czech Republic may be promoted.
(4) The audiovisual media service provider on request shall, at the beginning or at the end of each programme, be clearly identified by name or name, image symbol (logo) or other sign of the sponsor, which means in particular a reference to its products, services or their characteristics. Where the audiovisual media service is sponsored on request, the provider of that service shall, as part of the offer of the programme catalogue, notify the existence of the sponsorship contribution, indicate the name or name of the sponsor and indicate the main object of its activity; the notification shall be clearly indicated for at least 30 days as part of the offer of the programme catalogue.
(5) News and political-publicity programmes cannot be sponsored.
Obligations of audiovisual media service providers on request when placing a product
(1) Product placement is not permitted in news and political-publicist programmes, consumer publicist programmes, religious programmes and children's programmes. The location of the product shall not be considered to be a case where no payment is made but only certain goods or services, in particular props or prizes, are provided free of charge to competitors to place them on the agenda.
(2) The orders containing the location of the product must meet the following requirements:
(a) their content and their inclusion in the programme catalogue shall not be affected in such a way as to affect the editorial responsibility and independence of the audiovisual media service provider on request;
(b) may not directly encourage the purchase or hire of goods or services, in particular by specifically mentioning those goods or services for the purpose of promoting them; and
(c) may not unduly emphasise the product placed.
(3) Organisations containing the location of a product must also be clearly identified at the beginning, the end and, in the event of interruption by advertising, as programmes containing the location of the product, so that viewers cannot be misled in any way about the nature of such programmes. The obligation under the first sentence shall not apply to programmes which have not been produced or the production of which has not been commissioned by the audiovisual media service provider itself on request or by a person who is on demand in the position of a person controlled or controlled by another legislature9).
(4) Organisations may not include the location of the product where:
(a) cigarettes, other tobacco products, electronic cigarettes or replacement fillings, or the placing in them of a product of a person whose principal activity is the manufacture or sale of cigarettes, other tobacco products, electronic cigarettes or substitutes for cigarettes;
(b) medicinal products or medical procedures which are only available on prescription in the Czech Republic; or
(c) psychomodulatory substances or the location of the product of a person whose main activity is the manufacture or sale of psychomodulatory substances.
Suspension of the distribution of audiovisual media services on request in the Czech Republic, the provider of which belongs to the jurisdiction of another Member State of the European Union
(1) The Council may decide to suspend the dissemination of audiovisual media services on request in the Czech Republic, the provider of which falls within the competence of another Member State of the European Union, provided that:
(a) the provider of the service has infringed Article 6a (1) at least twice in the past 12 months, or the content of the service has put public health at risk or poses a serious and significant risk to public health;
(b) the infringement of this law and the duly justified intention to suspend the dissemination of audiovisual media services on request in the Czech Republic has been notified in writing to the European Commission and to the regulatory authority of the Member State of the European Union whose competence the service provider belongs (hereinafter referred to as "the competent regulatory authority of the Member State of the European Union"), together with a request for consultation;
(c) enable the audiovisual media service providers on request to express their views on the matter; and
(d) considers that the consultation with the European Commission and the relevant regulatory authority of a Member State of the European Union has not led to a friendly solution by the European Commission within 30 days of receipt of the notification referred to in (b).
(2) The Council may derogate from the procedure laid down in paragraph 1 and decide to suspend the dissemination of audiovisual media services on request in the Czech Republic which falls within the competence of another Member State of the European Union, provided that:
(a) considers that the content of an audiovisual media service on request has been manifestly, seriously and grossly infringed by Paragraph 6 (6) or the content of that service threatens public security, including national security and defence, or poses a serious and significant risk to their threat, if it has already taken place at least once in the past 12 months;
(b) the infringement of this law and the duly justified intention to suspend the dissemination of audiovisual media services on request in the Czech Republic has been notified in writing by its provider, the European Commission and the competent regulatory authority of a Member State of the European Union; and
(c) it has enabled audiovisual media service providers on request to express their views on the matter.
(3) The Council may derogate from the procedure referred to in paragraph 2 in urgent cases within 30 days of the date on which it considers that this law has been infringed, provided that the measure adopted is communicated without delay to the European Commission and to the competent regulatory authority of a Member State of the European Union and that it indicates in the communication the reasons on which it considers that it is an urgent case.
(4) Where the content of an audiovisual media service on request from another Member State of the European Union is infringed by the legislation of another Member State of the European Union by which that Member State lays down more detailed or stricter rules, in accordance with European Union law (hereinafter "the specific rules'), and the service is directed wholly or mainly within the territory of the Czech Republic, the Council may request the competent regulatory authority of another Member State of the European Union to resolve the infringement. The Council shall cooperate promptly with the relevant regulatory authority of the Member State of the European Union on this matter in order to achieve a satisfactory solution.
(5) The Council may decide to suspend the dissemination of audiovisual media services on request in the Czech Republic from another Member State of the European Union referred to in paragraph 4, the content of which is in breach of specific rules, provided that:
(a) provide evidence indicating that the audiovisual media service provider on request has established itself in another Member State of the European Union to circumvent the specific rules which would apply to it if it were established in the Czech Republic; the evidence must provide adequate evidence of the circumvention of specific rules without the need to demonstrate to the audiovisual media service provider on request the intention to circumvent specific rules,
(b) a duly substantiated intention to suspend the dissemination of audiovisual media services on request as referred to in point (a) in the Czech Republic has been notified in writing to the European Commission and to the competent regulatory authority of the Member State of the European Union, together with the grounds on which it assessed the situation,
(c) enable the audiovisual media service provider, upon request, to express its opinion on the infringement of the law and on the intention to suspend the spread of its service in the Czech Republic;
(d) considers that the results obtained by synergies with the relevant regulatory authority of the Member State of the European Union are not satisfactory; and
(e) it has received a written decision by the European Commission that the implementation of the project referred to in point (b) is compatible with European Union law and the Council decision suspending the dissemination of audiovisual media services on request in the Czech Republic is duly justified.
(6) The decision to suspend the dissemination of audiovisual media services on request in the Czech Republic will be notified by the Council to each connection provider. The provider of the connection shall not distribute the programme identified in the Council Decision on the territory of the Czech Republic from the day immediately following the date of service of the Council Decision until the date on which the Council Decision expires.
(7) The decision to suspend the dissemination of audiovisual media services on request in the Czech Republic shall expire on the expiry of the period to which the Council has limited its validity in the operative part of the decision, but no later than 180 days after the date of the acquisition of legal power. The decision to suspend the dissemination of an audiovisual media service on request issued pursuant to paragraph 1 shall expire if the European Commission decides that it is incompatible with European Union law on the date on which the Council publishes a notice thereof on its official record and on its website. The notice shall be published by the Council on the first working day immediately following the date on which it received the written copy of the decision of the European Commission.
Measures to remedy
(1) If the audiovisual media service provider, on request, infringes the obligations laid down by this law, the Council shall draw its attention to the infringement of this law and shall set a time limit for rectification.
(2) The length of the period for redress referred to in paragraph 1 must be proportionate to the nature of the infringement.
(3) If a remedy is made within the time limit set, the Council will not initiate infringement proceedings.
(4) The provisions of paragraphs 1 to 3 shall not apply where the audiovisual media service provider, on request, violates in a particularly serious manner any of the obligations referred to in Article 6 (2) or (7), Article 6a (1) or (2), Article 8 (1), (2), (3) or (4) or in Article 8a (1).
Transfers
(1) An on-demand audiovisual media service provider commits an offence by:
(a) fails to fulfil any of the obligations under Article 5 (3) or Article 6 (1) or (5);
(b) fails to fulfil any of the obligations under Article 6 (3) or (4) or Article 6b (1), (2) or (3);
(c) fails to fulfil one of the obligations under Article 6 (2) or (6) or Article 6a (1) or (2);
(d) fails to fulfil any of the obligations under Article 7 (1) or (3);
(e) fails to fulfil any of the obligations under Article 8 (1), (2), (3) or (4) or Article 8a (1);
(f) fails to fulfil any of the obligations under Article 9 (1), (2), (3), (4) or (5);
(g) fails to fulfil any of the obligations under Section 10.
(2) For an offence referred to in paragraph 1 (a), a fine of up to 10 000 CZK may be imposed, for an offence referred to in paragraph 1 (b), (d), (f) or (g) may be imposed up to 1 000 000 CZK and for an offence referred to in paragraph 1 (g) may be imposed. c) or e) fine up to CZK 2000 000 000.
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Regulation Information
| Citation | Act No. 132 / 2010 Coll., on Audiovisual Media Services on Request and on the Amendment of Certain Laws (Act on Audiovisual Media Services on Request) |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 11.05.2010 |
|---|---|
| Effective from | 01.06.2010 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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