Act No. 192 / 2002 Coll.
Act amending Act No. 484 / 1991 Coll., on Czech Radio, as amended, and amending other laws
Valid
Law
Effective from 22.05.2002
Text versions:
13.09.2005
22.05.2002
192
THE LAW
of 9 April 2002
amending Act No. 484 / 1991 Coll., on Czech Radio, as amended, and amending other laws
Parliament has decided on this law of the Czech Republic:
Amendment to Act No. 484 / 1991 Coll., on Czech Radio, as amended
Act No. 484 / 1991 Coll., on Czech Radio, as amended by Act No. 36 / 1993 Coll., Act No. 253 / 1994 Coll., Act No. 301 / 1995 Coll. and Act No. 135 / 1997 Coll., is amended as follows:
1. In Article 1 (2), the third sentence is deleted.
2. paragraphs 2 and 3, including footnotes (1a) and (1b), read:
(1) The Czech Radio provides a service to the public by creating and disseminating radio programmes throughout the Czech Republic and abroad (hereinafter "the public service in the field of radio broadcasting").
(2) The main tasks of the public service in the field of broadcasting are in particular:
(a) providing objective, verified, in its entirety balanced and versatile information for the free creation of opinions;
(b) contributing to the legal consciousness of the Czech people,
(c) the creation and dissemination of programmes and the provision of a balanced range of programmes for all groups of the population, taking into account the freedom of their religious beliefs and beliefs, culture, ethnic or national origin, national identity, social origin, age or gender, so that such programmes and programmes reflect the diversity of views and political, religious, philosophical and artistic orientations, with a view to strengthening mutual understanding and tolerance and promoting the coherence of pluralistic societies;
(d) developing the cultural identity of the Czech people, including members of national or ethnic minorities;
(e) production and broadcasting, in particular, of news, publicity, documentary, artistic, dramatic, sports, entertainment and educational programmes and programmes for children and youth.
(1) The Czech Radio fulfils the public service in the field of radio broadcasting in particular by:
(a) operates radio broadcasting using part of the frequency spectrum to cover the territory of the Czech Republic by three flat radio programmes in the band of very short waves and by radio programmes of regional studies broadcast in the band of very short waves by means of terrestrial radio equipment or other technical means, as appropriate; Czech radio can also broadcast in the long and medium wave band,
(b) establish a network of its own rapporteurs;
(c) establish, maintain and participate in archival funds as part of national cultural wealth;
d) broadcasts works of domestic and foreign creation;
(e) provide 24-hour programme service on at least one programme, including current reporting;
(f) operates in the areas of new broadcasting technologies and services.
(2) The Czech Radio operates radio broadcasting abroad on a single radio programme in the short wave band via terrestrial radio broadcasting equipment, or other technical means. Broadcasting abroad must meet the conditions of § 2 (2) (a) and (c) and contribute to the promotion of the reputation of the Czech Republic.
(3) The public authority which manages the spectrum in accordance with a specific legislation, 1a) shall, after prior approval of the Radio and Television Broadcasting Council, reserve frequencies for the Czech Radio to enable the operation of radio broadcasting to the extent set out in paragraph 1 (a) and paragraph 2. It shall reserve frequencies in the long and medium wave band only if the Czech Radio so requests.
(4) An all-flat radio programme means a radio programme whose broadcasting can receive at least 70% of the population of the Czech Republic calculated according to the data resulting from the last census. (1b)
1a) Act No. 151 / 2000 Coll., on Telecommunications and on the amendment of other laws, as amended by Act No. 274 / 2001 Coll.
1b) Paragraph 12 (2) of Act No. 89 / 1995 Coll., on the State Statistical Service, as amended. '
3. In the first sentence of Article 4 (1), the words "the creation and dissemination of programmes' are replaced by the words" activities'; in the third sentence, the words "the Czech National Council 'are replaced by the words" the Chamber of Deputies of the Parliament of the Czech Republic (the Chamber of Deputies') '.
4. In Article 4, the following paragraphs 2 and 3 are inserted after paragraph 1, including footnote 1c:
"(2) Proposals for candidates for Council members shall be submitted to the Chamber of Deputies by organisations and associations representing cultural, regional, social, trade union, employers, religious, educational, scientific, ecological and national interests. Proposals may be submitted within 15 days of the date of publication of the invitation by the President of the Chamber of Deputies to submit proposals in the manner laid down in the resolution of the Chamber of Deputies.
(3) A member of the Council may be elected a citizen of the Czech Republic who:
(a) is eligible for legal action;
(b) has a permanent residence in the Czech Republic, and
(c) is fair; a person who has been convicted of a criminal offence committed intentionally shall not be deemed to be righteous if his conviction for that offence has not been destroyed or for any other reason is not regarded as having been convicted and he who does not fulfil the conditions of a special law. 1c)
1c) Act No. 451 / 1991 Coll., laying down certain other conditions for the performance of certain functions in the state bodies and organisations of the Czech and Slovak Federal Republic, the Czech Republic and the Slovak Republic, as amended. "
Paragraphs 2 to 5 shall be renumbered paragraphs 4 to 7.
5. Paragraph 4 (4) reads as follows:
"(4) The members of the Council shall be elected from among the candidates proposed under paragraph 2 for a term of office of 6 years, with one third of the members elected every 2 years; may be re-elected, but not more than two consecutive terms of office. New members shall be elected for the period remaining until the end of the term of office of the member whose post has been vacant. where this period is less than 1 year, the limitation on the possibility of re-election shall not apply. In the event of a Council appeal pursuant to Article 6 (3) and the subsequent election of all members of the Council at its first meeting, the Council shall designate three members of the Council with a term of office of 2 years, three members with a term of office of 4 years and three members with a term of office of 6 years. ';
6. In Article 4 (5), the words "the Czech National Council 'are replaced by the words" the Chamber of Deputies'.
7. In the second sentence of Paragraph 4 (6), the words "Bureau of the Czech National Council 'are replaced by the words" Chamber of Deputies'.
8. Paragraph 5 (1) reads as follows:
"(1) Membership in the Council is incompatible with the function of the President of the Republic, a Member or a Senator, a member of the Government, a Judge, a State Prosecutor, a member of the Supreme Audit Office, a member of the Banking Board of the Czech National Bank, the Ombudsman, any public office function, a member of the Radio and Television Council, a member of the Council of the Czech Press Office, a member of the General Director of the Czech Television and a member of the Supervisory Commission of the Czech Radio."
9. Paragraph 5 (2) reads as follows:
"(2) A member of the Council shall not serve in political parties or political movements, social organisations and associations, citizens' initiatives and the like, nor act on their behalf for their benefit or for the benefit of other group interests in the performance of their duties in the Council; Furthermore, it shall not be a member of companies active in the field of mass media, nor shall it represent commercial interests which may conflict with the performance of its function or adversely affect its impartiality and objectivity of decision-making. With the exception of cash transactions provided in connection with the performance of duties under this Act, neither a member of the Council nor a person close to him (3) may benefit from the operation of radio broadcasting. '
10. In Article 5, the following paragraph 3 is added:
"(3) A member of the Council or of a person close to him (3) may not be in an employment relationship or similar to the Czech Radio, even two years after the termination of membership of the Council."
11. in Article 6 (1) (b):
"(b) on the day immediately following the date of service of the renunciation in writing to the President of the Chamber of Deputies,"
12. in Article 6 (1) (d):
"(d) the date on which a member of the Council no longer fulfils the conditions for election as a member of the Council laid down in Paragraph 4 (3);"
13. in Article 6 (2) and (3):
"(2) The Chamber of Deputies shall remove a member of the Council from office,
(a) if it no longer fulfils the conditions for the performance of the duties of a member of the Council laid down in Article 5;
(b) if he has seriously undermined the dignity of a member of the Council or if he has committed such conduct as to call into question his independence or impartiality in the performance of a member of the Council;
(c) if he does not perform his duties for more than 3 months.
(3) The Chamber of Deputies may revoke the Council if the Council does not repeatedly fulfil its obligations under this Act or if the Chamber of Deputies does not approve the Annual Report on the Activities of the Czech Radio twice in succession or the Annual Report on the Management of the Czech Radio. "
14. In Article 7, at the end of the text of paragraph 2, the words "with the exception of the decision to appoint and withdraw the Director-General of the Czech Radio, hereinafter referred to as" the Director-General, "for which at least 6 votes of the members of the Council are required."
15. in Article 7, paragraphs 3 and 4, including footnote 3a, are added:
"(3) The Council's deliberations are public. The public may, on the basis of a Council resolution, be excluded from the whole or part of the negotiations if the facts are protected under specific legislation. 3a) A person who is disrupting public conduct may be reminded by the President and declared from the negotiating premises for repeated interference with public conduct.
(4) The Council shall draw up a minutes of the President's deliberations, which shall not include facts protected under specific legislation. The minutes of the Council's deliberations, the approved documents referred to in Article 8 and, where applicable, the Council resolution on the exclusion of the public from its deliberations shall be published no later than 3 days after the date of the Council's deliberations in a manner which allows remote access.
3a) For example, Sections 17 to 20 of the Commercial Code, Act No. 148 / 1998 Coll., on the Protection of classified information and on the amendment of certain laws, as amended, Act No. 101 / 2000 Coll., on the Protection of Personal Data and on the Amendment of Certain Acts, as amended. '
16. in Article 8 (1) (a):
"(a) appoint and remove the Director-General and, on his proposal, the Director of Radio Studies of the Czech Radio, hereinafter referred to as" Radio Studies "; the decision on the Director-General's appeal must be justified in writing and published to the Director-General by the Council in a manner enabling remote access no later than 7 days from the date of its notification, '.
17. in § 8 (1), the words "and to check the implementation of the budget of the Czech Radio," shall be added at the end of point (b).
18. in Article 8 (1) (c):
"(c) approve, on a proposal from the Director-General of the Czech Radio Statute,"
19. in Article 8 (1), the following point (d) is inserted after point (c), including footnote 3b:
"(d) submit to the Chamber of Deputies for approval of the Code of the Czech Radio, which lays down the principles for the fulfilment of the public service in the field of radio broadcasting; a violation of the Code of the Czech Radio is qualified as a violation of professional discipline under a special law, 3b)
3b) Act No. 65 / 1965 Coll., Labour Code, as amended. '
Points (d) and (e) shall be renumbered as points (e) and (f).
20. in § 8 (1) (e):
"(e) approve proposals by the Director-General for the establishment or cancellation of radio studies (§ 9 (8)) and proposals under § 9 (7),"
21. in Paragraph 8 (1) (f), the word "General" shall be inserted after the words "concerning."
22. in Article 8 (1), at the end of point (f), the dot is replaced by a comma and the following points (g) to (j) are added:
"(g) oversee the performance of public service tasks in the field of broadcasting (Sections 2 and 3) and the implementation of the principles arising from the Code of the Czech Radio and to this end make recommendations on the programme offer;
(h) approve long-term programming, technical and economic development plans;
(i) establish a Supervisory Commission (§ 8a) and determine the remuneration of the members of the Supervisory Commission (§ 8a (7));
(j) determine the remuneration of the Director-General. ';
23. Paragraph 8 (2) to (4) reads as follows:
"(2) The Council submits to the Chamber of Deputies an annual report on the activities of the Czech Radio by 31 March immediately following the calendar year and an annual report on the management of the Czech Radio by 31 August immediately following the calendar year. These annual reports shall be published no later than 3 days after the date of approval by the Council in a manner enabling remote access.
(3) The costs of the activities of the Council and the remuneration of its members, as well as the costs of the activities of the Supervisory Commission and the remuneration of its members, are borne by the specific expenditure item of the Czech Radio budget (hereinafter referred to as the budget).
(4) Neither the Council nor its members may interfere directly with the creation and broadcasting of radio programmes. "
24. The following Section 8a is inserted after Section 8:
Supervisory Board
(1) The Supervisory Committee is the advisory body of the Council on matters relating to the control of the Czech Radio. Its task is to monitor whether funds and assets of the Czech Radio are effectively and economically used. The Supervisory Committee shall draw the Council's attention to the deficiencies identified and submit proposals for their removal.
(2) The Supervisory Committee shall have five members elected and removed by the Council. Membership of the Supervisory Board is public function.2)
(3) The members of the Supervisory Committee are elected for a term of two years, including again, but not more than two consecutive terms of office. The conditions set out in Sections 4 (3) and 5 shall apply mutatis mutandis to the election of a member of the Supervisory Committee and to the performance of that function. Paragraph 6 (1) and (2) shall apply mutatis mutandis to the termination of the function of a member of the Supervisory Commission.
(4) The Supervisory Board shall elect and remove its President and Vice-President from its members, who shall represent the Chairperson, including the management of meetings of the Supervisory Board. The Supervisory Committee shall also adopt its rules of procedure.
(5) The Supervisory Committee shall meet whenever at least two of its members so request in writing but at least once in each calendar month. The meetings of the Supervisory Committee shall be non-public and the President shall be obliged to register each meeting.
(6) The Supervisory Committee shall be able to give a quorum in the presence of the President or Vice-President and at least two other members; the resolution shall be adopted by a majority of the members present and, in the event of a tie, by the chairman's vote.
(7) The remuneration of the members of the Supervisory Board shall be fixed by the Council.
(8) The members of the Supervisory Committee may consult all documents, accounting documents related to accounting and records on the data carriers of the Czech Radio and may request written explanations from the staff of the Czech Radio. The employees of the Czech Radio are obliged to provide members of the Supervisory Committee with copies of the requested Czech Radio documents as well as the requested explanations.
(9) The members of the Supervisory Committee shall be obliged to remain silent on the facts found in the exercise of their control, unless they have been relieved by the President of the Council. The obligation to remain silent shall continue after termination of office at the Supervisory Committee.
(10) The Supervisory Committee shall report to the Council in writing on its activities for each calendar quarter by the 10th day of the second month following the end of the quarter. As a basis for the Annual Report on the Management of the Czech Radio, the Supervisory Committee is required to forward its analysis of the Czech Radio's management to the Council by 30 June of the following calendar year. "
25.
Director-General
(1) The Director-General is the statutory body of the Czech Radio. In his absence, the Director-General shall be represented by his authorised representative.
(2) The Director-General shall be accountable to the Council and shall have the right to participate in its deliberations.
(3) The provisions of the Labour Code shall apply to the Director-General, unless otherwise provided for in this Act.
(4) The Director-General shall be appointed by the Council from among candidates meeting the conditions laid down in Article 4 (3) on the basis of the results of the selection procedure for a term of six years.
(5) The function of Director-General is incompatible with membership of the Council; the conditions set out in Section 5 apply mutatis mutandis to its performance.
(6) The Director-General may be removed from office by the Council, in particular if the Czech Radio does not perform repeatedly the public service tasks in the field of radio broadcasting under this Act (Sections 2 and 3) or the obligations arising from special legislation (3c) or if it fails to fulfil its programmes the principles of the Code of the Czech Radio. The Council shall remove the Director-General from office if the Director-General infringes his or her obligations under the law or the Statute of the Czech Radio or if he or she no longer fulfils the conditions for the performance of his or her duties under this law.
(7) For the lease of real estate for more than 3 months or for disposal or, where appropriate, the burden of real estate or parts thereof, the Director-General needs the prior approval of the Council, otherwise the legal act is invalid.
(8) The Director-General, with the prior agreement of the Council, establishes and abolishes radio studios with the exception of the abolition of radio studies in regional locations.
(9) In cases provided for by the Statute of the Czech Radio, the Director-General shall appoint and dismiss the head of the staff of the Czech Radio after consulting the Council.
(10) The directors of radio studies and persons referred to in paragraph 9 shall comply with the conditions laid down in Article 4 (3).
(11) If the Director-General renounces or is removed from office, or if the post of Director-General becomes vacant after the expiry of his or her term of office or as a result of his or her death, the Council shall appoint an interim Director of the Czech Radio (hereinafter referred to as "the Interim Director ') who shall act as Director-General until the appointment of a new Director-General. The new Director-General shall be appointed by the Council no later than 3 months from the date on which the Director-General is vacant.
(12) Paragraphs 1 to 9 shall apply mutatis mutandis to the Interim Director.
3c) For example Act No. 468 / 1991 Coll., on the operation of radio and television broadcasting, as amended, Act No. 40 / 1995 Coll., on the regulation of advertising and amending and supplementing Act No. 468 / 1991 Coll., on the operation of radio and television broadcasting, as amended, as amended. '
Article 26 (9a) is deleted.
27. in Paragraph 10 (a), including footnote 3d, read:
"(a) radio charges levied under special legislation, 3d)
3d) Act No. 252 / 1994 Coll., on radio and television charges, as amended. '
28. In Paragraph 10, the present text becomes paragraph 1 and the following paragraph 2 is added:
"(2) The costs of broadcasting the Czech Radio pursuant to § 3 (2) shall be borne by the Czech Republic from the state budget."
29. In Paragraph 11 (1), first sentence, the word "mission 'is replaced by" tasks' and the second sentence is deleted.
30. Paragraph 11 (2) reads:
"(2) Financial resources are used by the Czech Radio to perform its tasks under Sections 2 and 3."
31. in Paragraph 12 (1):
"(1) Part of the Czech Radio is mainly radio studios in the locations of the regions, or radio studios established under § 9 (8) of this Act."
32. in the second sentence of Article 12 (2), the word "general" shall be inserted after the word "responsible."
33.In Article 12 (3), "Article 3 of this Law" is replaced by "Article 3 (1), with the exception of points (a) and (e)."
34. In Article 12, the following paragraph 4 is added:
"(4) The share of broadcasting of all radio studies on national broadcasting circuits, excluding news-publishing circuits, must be at least 30% of the total Czech Radio transmission time in the monthly total."
35.
The Czech Radio can use its technical and production base only in accordance with this Act (Sections 2 and 3). "
Transitional provision
The Council of the Czech Radio established under the current regulations is considered to be the Council under this law. Within 6 months of the entry into force of this Act, the members of the Council shall bring their circumstances into line with that Act.
Amendment to Act No. 90 / 1995 Coll., on Rules of Procedure of the Chamber of Deputies, as amended
Act No. 90 / 1995 Coll., on Rules of Procedure of the Chamber of Deputies, as amended by Act No. 47 / 2000 Coll., Act No. 39 / 2001 Coll. and Act No. 78 / 2002 Coll., is amended as follows:
In § 46a (1), the words "and members of the Council of the Czech Radio" shall be inserted after the word "television."
EFFECTIVE
This Act shall take effect on the day of its publication.
Klaus v. r.
Zeman v. r.
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Regulation Information
| Citation | Act No. 192 / 2002 Coll., amending Act No. 484 / 1991 Coll., on Czech Radio, as amended, and amending other laws |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 22.05.2002 |
|---|---|
| Effective from | 22.05.2002 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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