Act No. 302 / 2011 Coll.
Act amending Act No. 483 / 1991 Coll., on Czech Television, as amended, and some other laws
Valid
Law
Effective from 14.10.2011
Text versions:
01.01.2012
14.10.2011
302
THE LAW
of 6 September 2011
amending Act No. 483 / 1991 Coll., on Czech Television, as amended, and certain other laws
Parliament has decided on this law of the Czech Republic:
Amendment of the Czech Television Act
Act No. 483 / 1991 Coll., on Czech Television, as amended by Act No. 36 / 1993 Coll., Act No. 253 / 1994 Coll., Act No. 301 / 1995 Coll., Act No. 39 / 2001 Coll., Act No. 231 / 2001 Coll., Act No. 82 / 2005 Coll., Act No. 127 / 2005 Coll., Act No. 304 / 2007 Coll., Act No. 384 / 2008 Coll., Act No. 132 / 2010 Coll. is amended as follows:
1. In Article 2 (1), the words "in order to meet the democratic, social and cultural needs of society and to preserve media pluralism 'shall be inserted after the word" Republic'.
2. In Paragraph 3 (1), the words "and cultural projects' shall be added at the end of the text in point (g).
3. In Paragraph 3 (1), at the end of the text of point (l), the dot is replaced by a comma and the following points (m) and (n) are added:
"(m) provide audiovisual media services on request,
n) provides the public with the information and content referred to in § 2 (1) via the website and applications of Czech television. "
4. Paragraph 3a (3) reads as follows:
"(3) Television programmes, programmes and their parts distributed through the public service multiplex may also be digitally disseminated by the Czech Television through satellite and electronic communications networks."
5. In Article 3a, the following paragraph 4 is added:
"(4) Czech television must not place commercial communications on its website unless it is part of an audiovisual media service on demand."
6. In Article 8 (1) (c), the words "the fulfilment of the obligations of the Czech Television to transfer and use advertising revenue in accordance with this Act and the specific legislation5a shall be inserted after the word" budget. "
5a) Article II, points 1 and 2 of Act No. 302 / 2011 Coll., amending Act No. 483 / 1991 Coll., on Czech Television, as amended, and some other laws. '
7. Paragraph 11 (2) reads as follows:
"(2) The financial resources are used by Czech Television to carry out its tasks under the law; the financial resources referred to in Article 10 (a) may be used only for the performance of the tasks referred to in Articles 2, 3 and 3a. ';
8. In Article 11, the following paragraph 3 is added:
"(3) Czech Television quarterly transfers the proceeds from ads broadcast on the program ČT 2 to the State Fund of Culture of the Czech Republic, at the latest by the end of the following calendar quarter for the previous calendar quarter. The Czech Television will deduct the proven cost of selecting and managing the proceeds of advertising broadcast on the programme. The proceeds from advertisements broadcast on the program ČT 4 will be used by Czech Television to produce and broadcast sports themes."
Transitional provisions
1. In the period from the date of entry into force of this Act until 30 June 2012, Czech Television, from the proceeds from advertising included in the broadcasting programme, will transfer CZK 1 250 000 to the special account for the development of the digital terrestrial television service managed by the Czech Telecommunications Office at the latest by the end of the following calendar month for the previous calendar month; CZK 1,250,000 Czech Television will be paid with an equal percentage of the proceeds from advertising included in each programme. The remaining part of the proceeds from advertising included in the programmes CT 2 and CT 4 from the date of entry into force of this Act until 30 June 2012 will be used by Czech Television in the manner set out in Section 11 (3) of Act No. 483 / 1991 Coll., on Czech Television, as effective from the date of entry into force of this Act.
2. For the information campaign for the territorial areas where the terrestrial analogue television broadcasting will be shut down in 2012, Czech Television will set aside within its account for the use of advertising revenue established under Article VI (2) of Act No. 304 / 2007 Coll., as effective until the date of the entry into force of this Act, for that purpose a financial reserve of CZK 18,000 was created and will ensure that these funds are spent for that purpose.
Amendment of the Broadcasting Act
Act No. 231 / 2001 Coll., on the operation of radio and television broadcasting and amending other laws, as amended by Act No. 309 / 2002 Coll., Act No. 274 / 2003 Coll., Act No. 316 / 2004 Coll., Act No. 341 / 2004 Coll., Act No. 501 / 2004 Coll., Act No. 626 / 2004 Coll., Act No. 82 / 2005 Coll., Act No. 127 / 2005 Coll., Act No. 124 / 2008 Coll., Act No. 384 / 2008 Coll., Act No. 41 / 2009 Coll., Act No. 196 / 2009 Coll., Act No. 227 / 2009 Coll., Act No. 304 / 2007 Coll., Act No. 124 / 2008 Coll.
1. In Article 4 (2), the word "central 'shall be inserted after the words" the Council is'.
2. Paragraph 21 (3), including footnote 10, reads as follows:
"(3) The Council is required to decide to amend the facts referred to in paragraph 1 within 60 days of the date on which the request of the licensed broadcaster was received. The Council shall give reasons for its decision in respect of multi-party proceedings. If the Council has not decided within the time limit laid down and it is not a procedure with several participants, it shall be deemed to have given its consent to the amendment. The Council shall not give its consent unless the amendment would result in the grant of a licence following a public hearing. The reasons for not granting consent shall be consistent with the criteria set out in Article 6 (1) (e). The basic programme specification cannot be changed. The Council may stay the proceedings, in which case the Council shall indicate in the order on the suspension of proceedings the reason for which it shall stay the proceedings; during the period of suspension of the time limit (10).
10) Sections 64 and 65 of Act No. 500 / 2004 Coll., Administrative Regulation. '
3. The following Section 32a to 32f is inserted after Section 32:
"Advertising fee
(1) The fee for advertising shall be charged by an operator other than local or regional television broadcasting, not protected by conditional access, which shall be operated on the basis of a licence and shall disseminate a programme to which cinematographic works are also included.
(2) The object of the advertising fee is the advertising revenue.
(1) The basis of the advertising fee is for the taxpayer who:
(a) is an entity, the proceeds of advertising;
(b) is not an entity, income from advertising.
(2) The basis of the fee shall include all the amounts to which the television operator is entitled in direct connection with advertising.
(3) Value added tax shall not be included in the basis of the fee.
(4) The fee base shall be rounded up to the full crown.
(1) The advertising fee is 2%.
(2) The advertising fee shall be calculated as the product of the fee base and the fee rate.
(3) The fee period is a calendar year.
(1) The fee payer shall keep in the register for the purposes of the fee all information relating to his fee obligation, in particular:
(a) the date on which the advertising time was provided;
(b) the business firm, the name and surname or name of the person who provides the transmission time;
(c) the tax identification number of the person to whom the payer provides the transmission time;
(d) the total monetary value of the advertising time transmitted at the date referred to in (a) per calendar year;
(e) the amount of the calculated fee for the fee period.
(2) The data subject to the registration obligation must be kept by the taxpayer until the deadline for setting the fee to which they relate.
(1) The fee payer for broadcasting advertising is obliged to submit a fee return.
(2) The form and structure of the fee returns, including the prescribed data, will be published by the State Fund of the Czech Republic for the Promotion and Development of Czech Cinematography in a way that allows remote access.
(1) The administrator of the advertising fee is the State Fund of the Czech Republic for the Promotion and Development of Czech Cinematography.
(2) The revenue from the fee is the income of the State Fund of the Czech Republic for the Promotion and Development of Czech Cinematography. "
4. In Paragraph 48 (1), the words ", teleshopping in respect of medicinal products which require registration under a specific legislation 10a) and teleshopping in respect of therapeutic procedures' shall be added at the end of the text in point (f).
Footnote 10a:
"10a) § 25 et seq. of Act No. 378 / 2007 Coll., on Medicines and on Changes to Certain Related Acts, as amended. '.
5. In Paragraph 48 (1) (l), the words ", disability, age, sexual orientation 'shall be inserted after the words" genus'.
6. Paragraph 50 (1) reads:
"(1) The time reserved for advertising in television broadcasting of the broadcaster by law on the programmes of CT 2 and CT 4 shall not exceed 0,5% of the daily broadcasting time on each of these programmes, while the broadcasting of advertisements shall not exceed 6 minutes during one broadcast hour on any of these programmes between 19.00 and 22.00 hours. The broadcasting operator may not, by law, include advertising on other programmes, except advertising included in the programme in direct connection with the broadcasting of a cultural or sporting event, provided that such advertising is a necessary condition for obtaining rights to broadcast sports or cultural events. Where advertising is legally included in the broadcasting of a television broadcaster under the second sentence, the time reserved for such advertising shall not exceed 0,5% of the daily broadcasting time, and shall not exceed 6 minutes during one broadcast hour between 19.00 and 22.00 hours. The broadcasting operator shall not, by law, include teleshopping. '
7. In Article 66, the words "except for a Council decision under Articles 20 (4) and 21 (3) 'shall be added at the end of the third sentence.
Transitional provisions
1. The date of completion of the transition of analogue terrestrial television to digital broadcasting in the Czech Republic is 11 November 2011. This is without prejudice to the deadlines for switching off terrestrial analogue television and the conditions for coverage of terrestrial digital television broadcasting for networks 1, 2, 3 and 4 pursuant to Government Decree No 161 / 2008 Coll., on the technical plan for the transition of terrestrial analogue television to terrestrial digital television, as effective until the date of entry into force of this Act.
2. The reimbursement of costs pursuant to Article II (2), (3) or (4) of Act No. 153 / 2010 Coll., as effective until the date of entry into force of this Act, incurred and incurred between 12 November 2011 and 30 June 2012 shall be granted in accordance with Article II (6) to (9) of the Act No. 153 / 2010 Coll., as effective until the date of entry into force of the Act.
Amendment of the Radio and Television Charges Act
In Article 4 (1) of Act No. 348 / 2005 Coll., on radio and television charges and on the amendment of certain laws, as amended by Act No. 112 / 2006 Coll., paragraph (a) read:
"(a) representative offices of the Czech Republic abroad and persons enjoying privileges and immunities under international treaties, which are the Czech Republic vazan6),"
Amendment of the Audiovisual Media Services Act on Request
In Article 8 (1) (c) of Act No. 132 / 2010 Coll., on Audiovisual Media Services on Request and on the Amendment of Certain Acts (Law on Audiovisual Media Services on Request), the words "disability, age, sexual orientation 'are inserted after the word" genus'.
Amendment to Act No. 235 / 2006 Coll., amending Act No. 231 / 2001 Coll., on the Operation of Radio and Television Broadcasting and on the Amendment of Other Acts, as amended, and certain other laws
Act No. 235 / 2006 Coll., amending Act No. 231 / 2001 Coll., on the operation of radio and television broadcasting and amending other laws, as amended, and certain other laws, as amended, as amended by Act No. 304 / 2007 Coll., are amended as follows:
1. in Article I, points 55 and 56 are deleted;
2. in Article VII, the words "points 26, 55 and 56 which are acquired 'are replaced by the words" point 26 which is acquired';
Amendment to Act No. 304 / 2007 Coll., amending certain laws in connection with the completion of the transition of analogue terrestrial television to digital broadcasting
Act 304 / 2007 Coll., amending certain laws in connection with the completion of the transition of terrestrial analogue television to terrestrial digital television, is amended as follows:
1. in Article IV, point 12 is deleted;
2. In Article VI, point 2 is deleted and the designation of point 1 is deleted.
EFFECTIVE
This Law shall take effect on the day of its publication, except for Article III (3), which shall take effect on 1 January 2012.
Germany
Klaus v. r.
Nausea v. r.
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Regulation Information
| Citation | Act No. 302 / 2011 Coll., amending Act No. 483 / 1991 Coll., on Czech Television, as amended, and some other laws |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 14.10.2011 |
|---|---|
| Effective from | 14.10.2011 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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