Act No. 206 / 2005 Coll.
Law on the protection of certain services in the field of broadcasting and information society services
Valid
Law
Effective from 01.06.2005
206
THE LAW
of 3 May 2005
on the protection of certain broadcasting and information society services
Parliament has decided on this law of the Czech Republic:
Subject matter
This Act provides for the protection of certain services in the field of radio, television and information society, in accordance with the law of the European Community1.
For the purposes of this Act:
(a) the protected service of any of the following services provided against payment and on the basis of conditional access:
- radio and television broadcasting 2),
- Information society service 3)
or the provision of conditional access to the above services, provided that it is provided as a separate service;
(b) conditional access to any technical measure or arrangement, or technical measure or arrangement, ensuring access to the protected service in an understandable form, conditional on a subscription or other form of prior individual authorisation;
(c) a conditional access device of any device or programme designed or taken over to allow access to the protected service in an understandable form;
(d) the associated service of installation, maintenance or replacement of conditional access devices as well as the provision of commercial communications (3) in relation to the associated services or protected services;
(e) illicit equipment of any device or programme designed or taken over to allow access to the protected service in an understandable form without the consent of the provider of the protected service.
(1) It is prohibited
(a) for commercial purposes, to manufacture, import, distribute, sell, rent or retain illicit equipment;
(b) carry out, for commercial purposes, the installation, maintenance or replacement of illicit equipment;
(c) promote, directly or indirectly, any illegal equipment.
(2) Without prejudice to the provisions of Paragraph 3 (1), no restriction may be imposed:
(a) the provision of protected services or associated services whose country of origin is not the Czech Republic;
(b) the free movement of conditional access devices.
Transfers
(1) A natural, legal or business natural person commits an offence by:
(a) for commercial purposes, produce, import, distribute, sell, lease or retain illicit equipment;
(b) carry out the installation, maintenance or replacement of illicit equipment for commercial purposes;
(c) promote, directly or indirectly, any illegal equipment.
(2) A fine of up to CZK 2 000 000 may be imposed for the offence referred to in paragraph 1 (a) and a fine of up to CZK 500 000 may be imposed for the offence referred to in paragraph 1 (b) and (c).
(1) The Czech Telecommunications Office is discussing transfers under this law.
(2) Fines are collected and enforced by the Czech Telecommunications Authority.
Efficacy
This Law shall take effect on 1 June 2005.
Zaoralek v. r.
Klaus v. r.
Paroubek v. r.
1) Directive 98 / 84 / EC of the European Parliament and of the Council of 20 November 1998 on the legal protection of conditional access services and of conditional access services.
2) Act No. 231 / 2001 Coll., on the operation of radio and television broadcasting and amending other laws, as amended.
3) Act No. 480 / 2004 Coll., on certain services of the Information Society and on the amendment of other laws (Act on certain services of the Information Society).
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Regulation Information
| Citation | Act No. 206 / 2005 Coll., on the Protection of Certain Services in the Field of Radio, Television and Information Society Services |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 27.05.2005 |
|---|---|
| Effective from | 01.06.2005 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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