Act No 231 / 2001 Coll.
Act on the operation of radio and television broadcasting and amending other laws
Valid
Law
Effective from 04.07.2001
Contents
ČÁST PRVNÍ
§ 1
§ 2
§ 3
§ 3a
ČÁST DRUHÁ
§ 4
§ 5
§ 6
§ 7
§ 8
§ 9
§ 10
§ 11
ČÁST TŘETÍ
HLAVA I
§ 12
§ 13
§ 14
§ 15
§ 16
§ 17
§ 18
§ 19
§ 20
§ 21
§ 22
§ 23
§ 24
HLAVA II
§ 25
ČÁST ČTVRTÁ
§ 26
§ 27
§ 28
§ 28a
§ 29
§ 30
ČÁST PÁTÁ
HLAVA I
§ 31
§ 32
§ 33
§ 34
HLAVA II
§ 35
§ 36
§ 37
§ 38
§ 39
§ 40
§ 41
HLAVA III
§ 42
§ 43
§ 44
§ 45
§ 46
§ 47
HLAVA IV
§ 48
§ 49
§ 50
§ 51
§ 52
§ 53
§ 53a
HLAVA V
§ 54
HLAVA VI
§ 54a
ČÁST ŠESTÁ
§ 55
§ 55a
§ 56
§ 57
§ 58
ČÁST SEDMÁ
§ 59
§ 60
§ 61
§ 62
§ 63
§ 64
§ 65
ČÁST OSMÁ
§ 66
§ 66a
§ 67
§ 67a
§ 68
§ 69
ČÁST DEVÁTÁ
§ 70
„HLAVA PÁTÁ A
§ 24a
§ 24b
§ 24c
ČÁST DESÁTÁ
§ 71
ČÁST JEDENÁCTÁ
§ 72
ČÁST DVANÁCTÁ
§ 73
ČÁST TŘINÁCTÁ
§ 74
ČÁST PATNÁCTÁ
§ 76
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231
THE LAW
of 17 May 2001
on broadcasting and amending other laws
Parliament has decided on this law of the Czech Republic:
GENERAL PROVISIONS
Subject matter
This law implements the relevant European Union1 provisions and regulates the performance of public administrations in the field of broadcasting.
Basic concepts
(1) For the purposes of this Act:
(a) by radio and television broadcasting, the provision of programmes and other broadcasting parts organised under the programme, including services directly related to the programme, by the broadcaster to the public via electronic communications networks (1a), in the form of protected or not protected by conditional direction1b, for the purpose of simultaneous monitoring of programmes and other broadcasting parts;
(b) received by radio and television broadcasting, the reception of broadcasting of original radio and television programmes or their essential parts, including services directly related to programmes or essential parts of the programme, and their simultaneous, complete and unchanged dissemination to the public through electronic communications networks (1a); the dissemination of the Czech version of the television programme initially broadcast in a foreign language is considered to be unchanged,
(c) flat-screen broadcasting of radio and television programmes which may receive, within the defined territorial scope, at least 80% for radio broadcasting and at least 70% for television broadcasting of the population of the Czech Republic calculated according to the data resulting from the last census, 1c) except as otherwise provided in the specific legislation, 1d)
(d) a programming network for the joint establishment of programmes or essential parts of programmes or the mutual acceptance of programmes or essential parts thereof or their simultaneous dissemination by several operators;
(e) by regional broadcasting by radio or television broadcasting, which may, to the defined territorial extent, receive more than 1% and less than 80% in the case of radio broadcasting and, in the case of television broadcasting, more than 1% and less than 70% of the population of the Czech Republic calculated according to the data resulting from the last census, 1c)
(f) local broadcasting of a radio or television programme intended for its range for and for a locally defined area; the localised territorial area must not comprise more than 1% of the population of the Czech Republic calculated according to the data resulting from the last census, 1c)
(g) the operator of radio and television broadcasting is the legal or natural person who compiles the programme, including the services directly related to the programme, determines the way in which radio and television broadcasting is organised and has editorial responsibility for such broadcasting, and has the programme and services directly related to the programme unmistakably identified, the programme and the services directly related to the programme initially disseminated or through third parties (hereinafter referred to as "the broadcaster"),
(h) the operator of the transmission received, by a legal or natural person who decides on the composition of the programmes taken over, including services directly related to the programmes taken over, and who has those programmes and services directly related to them distributed or distributed, in full and unchanged form, by means of an authorisation to operate the transmission received (hereinafter referred to as "registration") under this law;
(i) the basic programme specification of the definition of the predominant genres in the whole programme composition;
(j) the programme's deliberate timescale of individual radio or television programmes and other broadcasting parts and both in radio broadcasting and in the flow of programme elements; other parts of the transmission shall mean the audio, image or audio-visual parts of the transmission, which are not of the nature of the programme and are included in, or are accompanied by, programmes or interruptions, in particular advertising, teleshopping, the notification of the broadcaster concerning its own programmes and accompanying products directly derived from those programmes, the reporting of programmes, sound and visual means announcing or separating commercial communications and other programme punctuation;
(k) a full-format programme of television programmes containing programmes of different focus and topics, in particular programmes of news, film, documentary, music and education, which are not aimed only at a particular population group with the same interests;
(l) the radio broadcast sequence part of the broadcast which, by its content, form and function, constitutes a closed unit or the flow of programme elements and constitutes a single item of the radio programme; a television broadcast sequence means a moving image sequence with or without sound, which, regardless of its length, constitutes a closed broadcast unit and constitutes a single television programme entry,
(m) a teletext service directly related to a programme consisting of the transmission of text or graphic information in parallel with the broadcasting of a television programme, which can only be developed on a television screen equipped with an appropriate decoding device;
(n) advertising any public notice, broadcast for consideration or equivalent consideration, or broadcast for the purpose of self-promotion of the broadcaster, in order to promote the supply of goods or services for consideration, including immovable property, rights and obligations;
(o) a service directly related to the programme a service consisting of the dissemination of text, image and audio information, which, individually or in summary, generate content related to the programme, which is intended to be received by the public along with the programme; the programme-related service also means the creation and provision of a set of data data for the content of an electronic programme guide, accessibility for persons with hearing disabilities and for persons with visual impairment, and a service extending the use of the programme in relation to the end-use equipment,
(p) the content of an electronic programming guide for text, image and audio information on programmes disseminated in the electronic communications network (1a), which are disseminated through the same electronic communications network and are synchronically linked to these programmes;
(q) a hidden 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 on the programme, provided that such presentation intentionally pursues the advertising objective and may mislead the public about the nature of the presentation; such presentation shall be considered to be intentional in particular if it is made against payment or equivalent consideration;
(r) teleshopping direct supply of goods, including immovable property, rights and obligations, or services, to the public and included in radio or television broadcasting for consideration or for equivalent consideration;
(s) by sponsoring any contribution from a person who does not provide radio or television broadcasting, does not provide a video-sharing platform service (22), or audiovisual media services on demand (1e), nor produces audiovisual works provided for the direct or indirect financing of the radio or television programme or programme in order to promote its name or name, trade mark, goods, services, activities or public image;
(t) subthreshold sound, image or audio-visual information which is deliberately processed to affect the subconscious of the listener or viewer without being conscious of it;
(u) the lowest programme offer a set of programmes provided by the operator of the transmitted transmission at the lowest price;
(v) the electronic communications network according to the specific legislation (1a) through which the broadcaster or the broadcaster of the broadcast is disseminating to subscribers programmes at the agreed price; the cable system includes cable networks, microwave systems for terrestrial radio and television broadcasting or other technical means other than terrestrial radio broadcasting equipment;
(w) a set of technical parameters in the case of analogue broadcasting via terrestrial radio transmission equipment using radio frequencies reserved for the dissemination and transmission of radio or television broadcasting (hereinafter referred to as "transmitter"), frequency, radiated power and broadcasting stations;
(x) repeated infringements of the obligation for which a fine has been imposed more than once in two consecutive calendar years;
(y) the territorial scope of the broadcasting in the case of a full-screen broadcast transmitted via transmitters throughout the Czech Republic and in the case of a regional or local broadcast via transmitters of the territory provided for in the broadcasting authorisation (hereinafter referred to as "licence") in accordance with the opinion of the Czech Telecommunications Authority
1. the set of technical parameters of the transmission in the case of analogue broadcasting;
2. a diagram of the use of radio frequencies (1a) in the case of digital broadcasting.
(2) For the purposes of this Act:
(a) by commercial communication advertising and sponsoring and, in the case of television broadcasting, by teleshopping, product placement or other visual sequence with or without sound, which is intended to promote directly or indirectly the goods or services of a person performing an economic activity and, where appropriate, his image in public, accompanying the programme or is included in the programme for consideration or for similar consideration or for the purpose of self-promotion;
(b) by placing the product, any form of incorporation of the product, service, trade mark which relates to the product or service, or any reference to the product or service in the programme for consideration or equivalent consideration;
(c) editorial responsibility to exercise a decisive influence on the selection of programmes and other broadcasting parts and their chronological arrangements in the programme composition;
(d) an editorial decision of a decision which is regularly taken for the purpose of exercising editorial responsibility and which is linked to the day-to-day operation of radio and television broadcasting or to the provision of on-demand audiovisual media services;
(e) a programme for children which is produced and intended for viewers or listeners under 12 years of age, of which the content of which, the audiovisual and audio means of production used, the way in which the children are born, the length, the manner and the time in which they are placed on the air and the presentation by the broadcaster is clearly adapted to those of this age category,
(f) a consumer publicity programme providing advice or reviews to viewers on the purchase of goods or services;
(g) by descriptive subtitles, the form of making audiovisual programmes available to people with hearing disabilities, consisting of an optionally adjustable text in the Czech language, which is synchronised with the audio track of the programme, captures the speech, including the major sounds related to the non-visual event, and identifies the speaker outside the picture in a way that allows people with hearing disabilities to be oriented in the course of the programme;
(h) by audio, the form of making audiovisual programmes accessible without limiting the possibility of the use of the spoken word of the original soundtrack of the programme to persons with visual impairment, consisting of an optionally adjustable verbal commentary of the image component of the programme allowing the perception of messages which are not expressed by the word or are difficult to identify by sound;
(i) the Czech sign language of the communication system according to the law governing the communication systems of deaf and deaf blind persons 23),
(j) by a self-regulatory body, a legal person established in accordance with the legal order of the Czech Republic, through which broadcasters, audiovisual media service providers on request or providers of video-sharing platforms, and in their interest, self-regulation, cultivate the services they provide, in a form favourable to their further development and to this end undertake in writing to comply with the rules laid down in the Code of Ethics;
(k) 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 achievement of those objectives and the mechanism for the resolution of complaints, including a mechanism for the enforcement of adequate penalties for infringements of the rules laid down;
(l) evaluation periods of three years immediately following each other.
(3) Radio and television broadcasting is not considered
(a) provision of communication services aimed at providing information or other communications on the basis of individual requirements;
(b) provision of an electronic communications network and provision of an electronic communications service under specific legislation, 1a)
(c) the dissemination of radio and television programmes and services directly related to the programme, provided that such dissemination serves only to transport a signal protected by the conditional access system to transmitters;
(d) the communication of information relating to the operation of technical means used for broadcasting.
(4) The distribution of radio programmes by means of the transmission system referred to in Article 12 (3) (c) shall not be considered as broadcasting and received.
(5) A television broadcast shall not be considered
(a) broadcasting which is not primarily economic or does not compete with television broadcasting;
(b) broadcasting not intended for public reception;
(c) broadcasting, the main purpose of which is not to provide programmes and is not to broadcast programmes under Paragraph 67 (1) or (2); or
(d) broadcasts 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 individually optional television broadcasting which is available on the trading network.
(6) The current, complete and unchanged dissemination of received radio and television programmes, including services directly related to the programme intended for the public through cable, involving not more than 100 subscribers with notifiers, shall not be considered to be taken over; that number may be exceeded if the participants in the joint income are located in a single building or building complex which is spatial or functionally related to each other, if the transmission of the signal is conducted in such a way that it does not exceed the infrastructure and if that joint income is not used commercially.
(7) A programming network shall not be considered as:
(a) the agreement of broadcasters on the joint broadcasting of advertising and teleshopping, the joint compilation or mutual acceptance of parts of programmes which are not relevant in terms of their share of the daily broadcasting time in the programme;
(b) broadcasting of programmes by two or more broadcasters on commonly shared frequencies.
Scope of the law
(1) This law applies to:
(a) the broadcaster operating the broadcaster on the basis of specific legislation, (3), (4) (hereinafter referred to as the "legal broadcaster");
(b) a radio operator operating such broadcasting under a licence granted under this Act;
(c) the operator of the broadcast received, which operates it on the basis of registration under this law.
(2) A legal or natural person who is not referred to in paragraph 1 and operates television broadcasting shall be subject to this Act if he or she is deemed to be established in the Czech Republic pursuant to paragraph 3 or if he or she fulfils the conditions laid down in paragraph 4 or paragraph 5.
(3) A legal or natural person shall be considered established in the Czech Republic,
(a) has a seat or place of business (4a) in the Czech Republic and the editorial decision is taken in the Czech Republic; or
(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 television broadcasting related to the selection and broadcasting of programmes (hereinafter referred to as "programmes") operates in the Czech Republic,
2. a substantial part of its television broadcast staff is active both in the Czech Republic and in that other Member State of the European Union; or
3. a substantial part of its television broadcast staff does not operate in the Czech Republic or in that other Member State of the European Union on condition that it first started broadcasting 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, however, the television broadcasting decision relating to programmes shall be taken in a State which is not a Member State of the European Union or vice versa, provided that a substantial proportion of its television broadcasting staff is active in the Czech Republic.
(4
(a) equipment for transmitting an ascending signal to a satellite located in the territory of the Czech Republic; or
(b) the satellite capacity belonging to the Czech Republic if it does not use the device for transmitting an ascending signal to a satellite located in the territory of the Czech Republic or in another Member State of the European Union.
(5) A legal or natural person who operates a television broadcast or a television broadcast and cannot be considered as established in the Czech Republic under paragraph 3, nor can he be considered as established in another Member State of the European Union, and who does not fulfil any of the conditions laid down in paragraph 4 in the Czech Republic or in another Member State of the European Union, this law shall apply only if it is deemed to be established in the Czech Republic under the Treaty on the Functioning of the European Union4c).
Presumption for participation in the licence procedure for broadcasting and the registration procedure for the broadcast.
(1) The requirement for a legal person to obtain a licence or registration is that he fulfils the conditions laid down for doing business in the Czech Republic by special legislation. 4d) If a legal person has the legal form of a public limited liability company, it is a prerequisite for obtaining a licence to name its shares.
(2) The requirement for a natural person to obtain a licence or registration is that he has full legal capacity and meets the conditions laid down for business in the Czech Republic by special legislation. 4d)
(3) If the person referred to in paragraph 2 is a foreign person, 4e) who does not have an organisational component or permanent residence in the Czech Republic, he shall be required to appoint a representative in the Czech Republic who is entitled to act for him in matters governed by this law.
Radio and television broadcasting
Position of the Broadcasting Council
(1) A Radio and Television Broadcasting Board (hereinafter referred to as the "Council"), based in Prague, is hereby established.
(2) The Council is the central administrative office for broadcasting, broadcasting, audiovisual media services on demand and video sharing platforms to the extent provided for by this Act, other legislation24), directly applicable European Union rules and international treaties, which are part of the Czech legal order. The Council shall exercise its powers impartially and transparently in accordance with the objectives of this law and other legislation, in particular media pluralism, cultural and linguistic diversity, consumer protection, access to broadcasting for disabled persons, non-discrimination, the proper functioning of the internal market and the promotion of fair competition.
(3) The Council shall act independently in its decisions. It is governed only by legislation, international treaties which are part of the legal order of the Czech Republic and directly applicable European Union rules and does not require or take instructions from any public authority or any natural or legal person in its decision making.
(4) The Council's activities can only be affected by law.
Scope of the Council
(1) Council
(a) oversees compliance with the legislation on broadcasting and the conditions laid down in the licensing decision or the marketing authorisation;
(b) grant, amend and revoke licences for the operation of radio and television broadcasting;
(c) issue, amend and repeal marketing authorisations for the operation of the broadcast;
(d) maintain and update the list of radio broadcasters, radio broadcasters and television broadcasters, and separately maintain and update the list of television broadcasters established or deemed to be established in the Czech Republic (hereinafter referred to as "the list of television operators"), indicating for each operator which of the criteria set out in Article 3 (2) to (4) gives the Czech Republic jurisdiction to it; the list of television broadcasters and their updates shall be transmitted to the European Commission in order to make it available in a centralised database in the terms and manner specified by the European Commission,
(e) publish, on a regular basis, a summary of licence applications and registrations and a summary of the licences granted and their amendments, registrations and amendments thereto in a way that allows remote access;
(f) imposes administrative penalties under this law;
(g) monitor the content of radio and television broadcasting;
h) Grants consent to the Czech Telecommunications Authority to issue individual permissions to use radio frequencies for other radio communications services in the radio spectrum section reserved exclusively for radio and television broadcasting;
i) requires from the Czech Telecommunications Authority an opinion containing coordinated frequencies for analogue radio broadcasting, including their technical parameters; in the request for an opinion, the Council shall indicate the territory to be covered by the broadcast and the required location of the transmitter;
(j) for the purposes of the procedure for the grant of a licence for the operation of radio and television broadcasting or for the purpose of the change of the licensing conditions from the Czech Telecommunications Authority of Opposition 1a); in the request for an opinion, the Council shall indicate the territory to be covered by the broadcast;
(k) establish the territorial scope of broadcasting for broadcasters pursuant to Article 3 (1) (b) in accordance with the opinion of the Czech Telecommunications Authority;
l) cooperates with the Czech Telecommunications Office in accordance with special legislation, 1a), 3), 4)
m) participate in its opinions and proposals to develop the principles of state policy of the Czech Republic in relation to broadcasting and the concept of its development and in relation to increasing the level of media literacy;
(n) establish programmes and services directly related to those programmes, which are required to be disseminated in the public interest and to support the services of television with Internet and electronic programme guides through electronic communications networks for radio and television broadcasting and related services, review the need for their compulsory dissemination every 5 years and submit binding opinions to the Czech Telecommunications Office for the purpose of imposing or repealing their compulsory dissemination under special legislature4f);
(o) issue the Council's Statute and Rules of Procedure;
(p) submit its draft budget and final account to the Ministry of Finance and to the competent authority of the Chamber of Deputies,
(r) publish the Council's resolution, the Council's annual report, the minutes of the Council's deliberations, unless specific legislation prevents this, and, where appropriate, further information in a way that allows remote access;
(s) publish the court's decision on the appeal and the action against the Council's decision. This is without prejudice to the provisions of specific legislation, 5)
(t) cooperate within its competence with the European Commission, other institutions of the European Union, regulatory authorities of Member States of the European Union with a similar substantive scope and with the bodies of international organisations whose activities concern the Council, in the transmission and acquisition of information, data and documents laid down by law or by a decision given by law, and carry out other tasks arising from the membership of the Czech Republic in the fields of regulation of radio and television broadcasting, audiovisual media services on demand and video sharing platforms in the European Union,
1. participate as a member of the European Regulators Group for Audiovisual Media Services through its representatives in the meetings of the Group and participate in the exchange of experience and best practices with other members;
2. participate as a member of the Contact Committee of the European Commission through its representatives in the work of that Committee;
3. acts as a contact point for the European Commission, other institutions of the European Union, regulatory authorities of the Member States of the European Union and bodies of international organisations; and
4. Calls on the European Commission, on behalf of the Czech Republic, to deliver an opinion designating a Member State of the European Union whose competence includes a person included in the list of television broadcasters, on request audiovisual media service providers or video sharing platform providers maintained by the Council and, at the same time, in a similar list maintained by the competent authority of another Member State of the European Union, unless the matter is resolved by negotiations with the competent authority of another Member State of the European Union,
(u) ensure implementation of the obligations under the European Convention on Transboundary Television (4b) and represent the Czech Republic in the Standing Committee established under Article 20 of the European Convention on Transboundary Television;
(v) cooperate in the field of the regulation of television broadcasting with the competent authorities of States not Member States of the European Union or Parties to the European Convention on Cross-border Television;
(w) assist the development of self-regulation in its field of competence and cooperate with the self-regulatory authority, where the cooperation of the Council with the self-regulatory authority is requested in writing, in particular in the creation of effective self-regulatory systems, and in the introduction of measures to promote media literacy; the list of self-regulatory authorities shall be published on its website,
(x) deliver opinions at the request of the self-regulatory authorities and make recommendations on their internal rules where they lay down the obligations of television broadcasters, television broadcasters, audiovisual media service providers on request or providers of video sharing platforms, in particular in the field of the protection of minors against programmes which may undermine their physical, psychological or moral development, through an ethical code; and
(y) issue implementing legislation in the fields of broadcasting, broadcasting, audiovisual media services on demand and video sharing platforms on the basis and to the extent provided for in this Act or other legislation.
(2) Furthermore, the Council
(a) promote the development of media literacy and submit a report to the European Commission every 3 years on the measures taken in this area, the scope of which is determined by the guidelines issued by the European Commission pursuant to Article 33a (3) of Directive 2010 / 13 / EU of the European Parliament and of the Council, so as to make it available to the European Commission within 3 years from the date of receipt by the Council of the previous similar report;
(b) shall act as a publicly available online contact point for the provision of information and the receipt of complaints concerning the making available of television programmes for persons with hearing or visual impairment; the contact point must also be available for disabled persons,
(c) monitor and regularly evaluate the implementation of the commitments made by television broadcasters and audiovisual media service providers on request in the action plans for making programmes available to persons with auditory or visual disabilities, and submit a report to the European Commission every 3 years to make it available to it within 3 years from the date on which it received a previous similar report from the Council;
(d) monitor and regularly evaluate whether audiovisual media service providers on request reserve for European works at least 30% of the total number of programmes offered in the programme catalogues for the reference period and submit a report to the European Commission every 2 years to be made available to it within 2 years from the date on which the previous similar report was received from the Council;
(e) issue opinions expressing the Council's legal opinion on matters falling within its competence under this law or other legislation; and
(f) carry out other tasks provided for by this law or other legislation1e), (3), (4).
Duties of the Council
(1) The Council is required to submit annually to the Chamber of Deputies an annual report on its activities and on the situation in the field of radio and television broadcasting and on the provision of audiovisual media services on request (the "Annual Report"), which includes in particular:
(a) an up-to-date list of broadcasters, broadcast operators, on-demand audiovisual media service providers and video sharing platform providers;
(b) information on the situation in radio and television broadcasting, radio and television broadcasting, audiovisual media services on demand and video sharing platforms;
(c) information on compliance with radio and television broadcasting legislation and on-demand audiovisual media services and video sharing platforms services and administrative penalties imposed;
(d) information on the results of the checks on compliance with the obligations laid down by law to broadcasters, to broadcasters taken over and to on-demand audiovisual media service providers and to compliance with the conditions laid down by broadcasters and to operators carried over;
(e) information on licences granted and the criteria on which licences were granted to licence applicants and rejected by all other parties;
(f) information on changes to the licensing conditions of licensed broadcasters;
(g) information on the promotion of European creation and European independent creation, the fulfilment of the share of European creation (§ 42) and independent creation (§ 43), and the reasons for the possible failure to achieve the specified shares in television broadcasting, including information on the promotion of European works in the provision of audiovisual media services on demand;
(h) information on the state and level of self-regulation in the areas of radio and television broadcasting, the transmission received, the provision of audiovisual media services on demand and the services of video sharing platforms and the results of cooperation with self-regulatory authorities;
(i) information on the level of media literacy in relation to new communication technologies and on the measures taken to promote media literacy by radio and television broadcasters, broadcast operators, on-demand audiovisual media service providers and video sharing platforms and self-regulatory bodies.
(2) The annual report shall be submitted by the Council to the Chamber of Deputies for approval no later than 30 April of each calendar year. At the same time, it is required to publish it in a way that allows remote access. The annual report shall be public from the date of its approval by the Council, which shall be indicated thereon. The Chamber of Deputies is entitled to request explanations and additional information from the Council on the annual report. The Council shall provide explanations and additional information within a reasonable period to be determined by the Chamber of Deputies.
(3) The Government and the government authorities cooperate with the Council on broadcasting matters and are, in particular, obliged to seek the Council's opinion when it comes to broadcasting matters and to provide the Council with the necessary synergies within the limits of their competence.
(4) The Ministry of Culture (hereinafter referred to as "the Ministry") may request from the Council the information necessary for the purposes of fulfilling the obligations for the Czech Republic arising from membership of the European Union and from the international contract 4b) or from its membership of international organisations. The Council shall provide such data to the Ministry.
(5) If the Council receives information from a television broadcaster deemed to be established in the Czech Republic that its broadcast will be wholly or mainly directed at viewers in another Member State of the European Union, it shall inform the regulatory authority of the other Member State of the European Union without undue delay. If that regulatory authority of a Member State of the European Union sends a request to the Council for information concerning the activity of a television broadcaster under the first sentence, the Council shall, if practicable, deal with that request within 60 days of the date on which it received it.
Membership of the Council
(1) The Council consists of 13 members who elect and dismiss the Chamber of Deputies. Membership of the Council shall be a public function.
(2) The term of office of a member of the Council shall be six years.
(3) A citizen of the Czech Republic may be designed and appointed as a member of the Council, who
(a) is fully competent;
(b) has permanent residence in the Czech Republic,
(c) has reached the age of 25;
(d) is fair; a citizen who has been convicted of a criminal offence which has been committed in direct connection with the operation of radio or television broadcasting or the transmission of audiovisual media services on request or with the issue of periodical press, or for any other offence committed intentionally, shall not be considered to be fair, unless his conviction for a crime has been destroyed or otherwise viewed as not being convicted. Furthermore, a citizen who does not fulfil the conditions laid down in the Special Act shall not be considered to be righteous. 6)
(4) A person who has already served as a member of the Council for two consecutive periods of office or, where appropriate, part thereof, may not be proposed and elected.
(5) Membership of the Council shall be established on the day immediately following the date of service of the resolution of the Chamber of Deputies appointing a member of the Council to the elected member of the Council or, where appropriate, on a later date specified in the resolution of the Chamber of Deputies appointing a member of the Council.
(6) Membership of the Council shall cease to exist
(a) the expiry of the term of office of a member of the Council;
(b) on the day immediately following the date of service of the written resignation to the President of the Chamber of Deputies,
(c) on the day immediately following the date of service of the resolution of the Chamber of Deputies on the removal of a member of the Council from office to the member of the Council, or, if applicable, on a later date specified in the resolution of the Chamber of Deputies on the removal of a member of the Council from office,
(d) the date of the acquisition of legal power of a judgment restricting the independence of a member of the Council;
(e) the date of the acquisition of legal power of the judgment by which a member of the Council has been sentenced to one of the offences referred to in paragraph 3 (d);
(f) death or declaration of death.
(7) The Chamber of Deputies may revoke a member of the Council for the following reasons:
(a) does not participate in Council meetings for at least six consecutive calendar months in which Council meetings took place;
(b) if it does not fulfil the conditions for the performance of the duties set out in this Act,
(c) if he has committed such conduct which distorts his or her dignity, impartiality or independence, or calls into question the independence or impartiality of the Council.
(8) The resolution of the Chamber of Deputies on the withdrawal of a member of the Council from office must be duly substantiated. The motion for a resolution of the Chamber of Deputies, in accordance with the sentence of the first President of the Chamber of Deputies, before the vote of the Chamber of Deputies, shall be notified in writing of the withdrawal of a member of the Council from office and shall ask him for a written opinion setting a reasonable time limit, but at least 15 working days. At the same time, the President of the Chamber of Deputies will publish the motion for a resolution on the House of Deputies website. The opinion of the Council member concerned shall be circulated by the President of the Chamber of Deputies to all Members without delay after receiving it.
(9) A member of the Council who has been brought into custody in connection with criminal prosecution will be suspended by the President of the Chamber of Deputies for the duration of the term of detention as a member of the Council, if the Chamber of Deputies so proposes.
(10) The function of President of the Czech Republic, Member, Senator, Member of the Government, Judge, Prosecutor, Member of the Supreme Audit Office, member of the Council of the Czech Telecommunications Office, member of the Banking Board of the Czech National Bank, member of the Council of the Czech Press Office, member of the Council of the Czech Television, member of the Council of the Czech Radio is incompatible with the function of member of the Council of the Czech Republic.
(11) The members of the Council shall perform their duties in person and shall not take any instructions or instructions for their execution.
(12) Members of the Council shall not serve in political parties or movements and shall act for their benefit.
(13) Members of the Council or persons close to them may not perform unpaid functions in any of the bodies of companies that engage in mass media, audio and advertising. Furthermore, neither the members of the Council nor the persons close to them may participate in the business of commercial companies operating in the field of mass media or in the field of audio-visual and advertising, and provide, directly or indirectly, advisory or similar assistance to broadcasters, broadcasters of the broadcast and audiovisual media service providers on demand. Members of the Council shall not be in employment or any other similar relationship with the broadcaster, the broadcaster taken over and the audiovisual media service provider on request.
(14) If they are gainful in addition to their duties, they shall be obliged to do so in such a way as not to jeopardise the proper performance of a member of the Council. Members of the Council may engage in scientific, pedagogical, literary, publicistic and artistic activities, provided that such activities do not undermine dignity or threaten confidence in the independence and impartiality of the Council.
Council deliberations
(1) Save as otherwise provided in the law (paragraph 2), the Council shall be competent to act if an absolute majority of its members are present and if the President of the Council or one of the Vice-Presidents is present at the same time.
(2) The Council shall decide by an absolute majority of its members, with the exception of the decision to grant a licence under Paragraph 18, the extension of a licence under § 12 (8) to (12) or the withdrawal of a licence under § 63 or the revocation of a registration under § 64, when 9 votes of members of the Council are required to decide.
(3) Decisions of the Council shall exclude members of the Council who, having regard to their relationship with the case or to the parties or their representatives, have reasonable doubts as to their bias. A member of the Council shall notify the Council of the facts suggesting his exclusion from hearing and deciding as soon as he becomes aware of them. The Council shall decide on the objection of bias without undue delay.
(4) When negotiating, the Council shall follow its rules of procedure, which shall lay down, in particular, the voting arrangements and the arrangements for recording and publishing the different opinions of the members of the Council, the choice and withdrawal of the President of the Council and the Vice-Presidents of the Council, as well as the rules for representing the President.
(5) A protocol shall be maintained on the vote to record how individual members of the Council voted.
(6) A member of the Council is obliged to remain silent on facts which he or she becomes aware of in the performance of his or her duties and which, in order to ensure the proper performance of the public administration or in the interests of other persons, require that they remain secret, even after his or her membership of the Council has ceased. Members of the Council shall be exempt from this obligation only for reasons laid down by another law or if the person concerned is given the consent.
President of the Council and Vice-Presidents of the Council
(1) The Council elects and withdraws from its members the President and 3 Vice-Presidents.
(2) The President of the Council shall manage and act on behalf of the Council.
(3) The Council shall remove the President from office,
(a) if he has not performed the function for more than 3 months; or
(b) does not fulfil the conditions for the performance of a member of the Council; or
Contents
ČÁST PRVNÍ
§ 1
§ 2
§ 3
§ 3a
ČÁST DRUHÁ
§ 4
§ 5
§ 6
§ 7
§ 8
§ 9
§ 10
§ 11
ČÁST TŘETÍ
HLAVA I
§ 12
§ 13
§ 14
§ 15
§ 16
§ 17
§ 18
§ 19
§ 20
§ 21
§ 22
§ 23
§ 24
HLAVA II
§ 25
ČÁST ČTVRTÁ
§ 26
§ 27
§ 28
§ 28a
§ 29
§ 30
ČÁST PÁTÁ
HLAVA I
§ 31
§ 32
§ 33
§ 34
HLAVA II
§ 35
§ 36
§ 37
§ 38
§ 39
§ 40
§ 41
HLAVA III
§ 42
§ 43
§ 44
§ 45
§ 46
§ 47
HLAVA IV
§ 48
§ 49
§ 50
§ 51
§ 52
§ 53
§ 53a
HLAVA V
§ 54
HLAVA VI
§ 54a
ČÁST ŠESTÁ
§ 55
§ 55a
§ 56
§ 57
§ 58
ČÁST SEDMÁ
§ 59
§ 60
§ 61
§ 62
§ 63
§ 64
§ 65
ČÁST OSMÁ
§ 66
§ 66a
§ 67
§ 67a
§ 68
§ 69
ČÁST DEVÁTÁ
§ 70
„HLAVA PÁTÁ A
§ 24a
§ 24b
§ 24c
ČÁST DESÁTÁ
§ 71
ČÁST JEDENÁCTÁ
§ 72
ČÁST DVANÁCTÁ
§ 73
ČÁST TŘINÁCTÁ
§ 74
ČÁST PATNÁCTÁ
§ 76
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Regulation Information
| Citation | Act No 231 / 2001 Coll., on the operation of radio and television broadcasting and amending other laws |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 04.07.2001 |
|---|---|
| Effective from | 04.07.2001 |
| Effective until | - |
| Status | Valid |
Legal Areas:
Taxes
Finance
Economic (State)
Culture
Power of executive and government authorities
Wages, salaries, wages, compensation
Civil law
Civil law substantive
Civil law of procedure
Commercial law
Fees
Labour law
Industrial rights
Advertising, Marketing, Promotion
Administrative authorities
Administrative law
Telecommunications, Communications, Mail
Constitutional (state) law
Fundamental human rights
The regulation text is for informational purposes only.
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