Act No 341 / 2004 Coll.
Act amending Act No 231 / 2001 Coll., on the operation of radio and television broadcasting and amending other laws as amended
Valid
Law
Effective from 02.06.2004
Text versions:
02.06.2004
341
THE LAW
of 4 May 2004
amending Act No 231 / 2001 Coll., on the operation of radio and television broadcasting and amending other laws, as amended
Parliament has decided on this law of the Czech Republic:
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. and Act No. 274 / 2003 Coll., is amended as follows:
1. in Article 2 (1) (l) and (m):
"(l) advertising any public notice, broadcast for consideration or other consideration or broadcast for the purpose of self-promotion of the broadcaster, intended to promote the sale, purchase or lease of goods or services, including immovable property, rights and obligations;
(m) a hidden advertising of verbal or visual presentations of goods, services, business, trade mark or activities of the manufacturer of the goods or service provider, indicated by the broadcaster on the programme which does not have the character of advertising and teleshopping, provided that such presentations intentionally pursue 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 other consideration, '.
2. In Article 2 (1) (n), the words "including immovable property, rights and obligations' are inserted after the words" goods' and the words "services' are inserted.
3. in Article 2 (1) (o), the words "trade marks" are replaced by the words "image symbols (logos) or marks."
4. in Article 3 (2) to (4), including footnote (4a):
"(2) A legal or natural person who is not referred to in paragraph 1 and operates a television broadcast or a television broadcast, shall be covered by this Act if he may consider it established in the Czech Republic in accordance with paragraphs 3, 4 or 5.
(3) A legal or natural person shall be considered established in the Czech Republic where:
(a) has its seat or place of business (4a) in the Czech Republic and decides on the composition of the television programme in the Czech Republic; or
(b) it shall have its registered office or place of business in the Czech Republic and shall decide on the composition of the television programme in another Member State of the European Communities or vice versa if:
1. a significant proportion of its employees carry out activities related to the operation of television broadcasting in the Czech Republic; or
2. a significant part of its staff carries out activities related to the operation of television broadcasting both in the Czech Republic and in that other Member State of the European Communities, provided that it has its registered office or place of business in the Czech Republic; or
3. the operation of television broadcasting in the Czech Republic has started for the first time in accordance with the Czech legal order and is able to demonstrate a permanent and real involvement in economic life in the Czech Republic, unless a significant part of its staff carries out activities related to the operation of television broadcasting in the Czech Republic or in that other Member State of the European Communities, or
(c) it has its registered office or place of business in the Czech Republic and the composition of the television programme is decided in a State which is not a Member State of the European Communities or vice versa where a significant part of its staff carries out activities related to the operation of television broadcasting in the Czech Republic.
(4) If a legal or natural person cannot be regarded as established in the Czech Republic or in another Member State of the European Communities under paragraph 3, this law shall apply to that person if he uses it for television broadcasting or for television broadcasting.
(a) the frequency allocated by the Czech Republic; or
(b) a satellite whose orbit position is the responsibility of the Czech Republic, unless it uses the frequency allocated by the Czech Republic or another Member State of the European Communities; or
(c) an upward signal transmitted to a satellite from the territory of the Czech Republic, unless it uses the frequency allocated by the Czech Republic or another Member State of the European Communities, or a satellite whose orbit position is the responsibility of the Czech Republic or another Member State of the European Communities.
(4a) Paragraph 2 (3) of the Commercial Code. ';
5. In Article 3, the following paragraph 5 is added:
"(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 or another Member State of the European Communities pursuant to paragraph 3 nor fulfils any of the conditions laid down in paragraph 4 in the Czech Republic or in another Member State of the European Communities shall be subject to this law only if it is deemed to be established in the Czech Republic under the Treaty establishing the European Community. (b)
(b) Article 43 et seq. of the Treaty establishing the European Community, published in the Official Journal of the European Communities No C 340 on 10 November 1997. '
6. The following Section 3a is inserted after Section 3, including the title and footnotes 4c) and 4d):
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. 4c) If a legal person has the legal form of a public limited company, its shares must be named.
(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. (c)
(3) If the person referred to in paragraph 2 is a foreign person, 4d) 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.
4c) Commercial Code.
4d) § 21 paragraphs 1, 2, 4 and 5, § 22 et seq. of the Commercial Code. '
7. In the second and third sentences of Paragraph 12 (8), "on 'is replaced by" o'.
8. In Section 12, paragraph 13 is added:
"(13) The extension by the Council of the validity period referred to in paragraph 8 shall have the same legal effects as the Council decision granting the licence. Paragraph 8 shall be without prejudice to this. '.
9. in Article 13 (3) (a), the words "bankruptcy proceedings" shall be deleted;
10. in the second sentence of Article 14 (1) (a), the words "(if allocated) otherwise" shall be replaced by "or," the words "the address of his residence in the Czech Republic" shall be replaced by the words "his place of residence" and the words "permanent" shall be deleted.
11. in the second sentence of Paragraph 14 (1) (b), the words "ingredients on the territory of the Czech Republic," shall be replaced by the words "ingredients which are entered in the commercial register under a special legislation, 9a)," the words "(where allocated) otherwise" shall be replaced by the words "or" and the words "address of his residence in the territory of the Czech Republic," shall be replaced by the words "place of residence; where a representative is appointed, he shall also include his name, surname and place of stay; ';
footnote 9a is replaced by the following:
"(9a) Paragraph 21 (4) and (5) of the Commercial Code. '
12. in Paragraph 14 (1) (d), "capital" is replaced by "capital."
13. In Paragraph 19, the words "appeal to a court 'are deleted, after the words" service of a judgment', the words "action under special legislation 9b) 'and the words" the appeal shall be decided by the court within 60 days'.
footnote 9b is replaced by the following:
"9b) § 65 et seq. of Act No. 150 / 2002 Coll., Administrative Rules. '.
14. in Paragraph 21 (1) (e), "capital" is replaced by "capital."
15. in Paragraph 22 (2), "30" is replaced by "60."
16. in Paragraph 32 (1) (h), the words "and is broadcast outside the period referred to in (g)" shall be deleted;
17. in Article 45 (1) (a), the words "local programme" are replaced by the words "local broadcasting."
18. In Paragraph 46 (2) of the Introductory Part of the provision, the word "permanent 'is deleted.
19. in Article 48 (1) (f), the words "and teleshopping" shall be inserted after the words "advertising."
20. in Paragraph 48 (1) (g):
"(g) hidden and subliminal advertising and teleshopping,"
21. in Paragraph 48 (1), the following point (h) is inserted after point (g):
"(h) advertising and teleshopping containing sub-threshold communications,"
Point (h) shall be renumbered as point (i).
22. In Paragraph 48, at the end of paragraph 1, the dot is replaced by a comma and the following points (j) and (k) are added:
"(j) advertising and teleshopping, attacking religion and religion, political or otherwise,
(k) advertising and teleshopping containing discrimination on grounds of sex, race, skin colour, language, national or social origin, or membership of a national or ethnic minority. "
23. In Section 48 (4) of the introductory part of the text, the words "advertising and teleshopping 'are deleted.
24. in Paragraph 48 (4), the words "advertising and teleshopping" shall be inserted at the beginning of the text (a).
25. in Paragraph 48 (4) (b):
"(b) advertisements and teleshopping spots have been broadcast substantially in blocks between programmes and isolated advertising and teleshopping spots have been broadcast only exceptionally; This does not apply to radio broadcasting, '.
26. in Article 48 (4), the words "advertising and teleshopping" shall be inserted at the beginning of the text of points (c) and (d).
27. in Article 48 (5), the words "and teleshopping" shall be inserted after the words "advertiser" and after the words "advertiser."
28. Paragraph 48 (7) is deleted.
29. in Paragraph 49 (1), the word "teleshopping" is replaced by "teleshopping shits."
30. In the first sentence of Paragraph 49 (2), the word "teleshopping 'is replaced by" teleshopping'.
31. in the first and third sentences of Paragraph 49 (3), the word "teleshopping" shall be replaced by the words "teleshopping";
32. in the first and second sentences of Paragraph 49 (4), the word "teleshopping" shall be replaced by "teleshopping";
33. In the second sentence of Paragraph 50 (1), the word "teleshopping" is replaced by "teleshopping shanks."
34. in Article 50 (2), the words "teleshopping, except for the broadcasting of continuous teleshopping programmes," shall be replaced by the words "teleshopping spots."
35. in Paragraph 50 (3), the word "teleshopping" is replaced by "teleshopping shoes";
36. in Paragraph 50 (6):
"(6) Related teleshopping programmes shall last at least 15 minutes without interruption. In a programme which is not exclusively aimed at teleshopping, the licensor may broadcast continuous teleshopping programmes in excess of the time limits for broadcasting advertising and teleshopping spots referred to in paragraphs 2 and 3. ';
37. in Paragraph 53 (1), the first sentence of the sentence shall be replaced by the words "business name" and the second sentence shall be deleted;
38. In Article 53 (3), the words "products, their hire or provision of services which may not be advertised under the law 'are replaced by the words" or the sale of tobacco or tobacco products11)'.
footnote 11 is replaced by the following:
"11) § 2 (v) of Act No. 110 / 1997 Coll., on Food and Tobacco Products and amending and supplementing certain related acts, as amended by Act No. 306 / 2000 Coll. '.
39. in Paragraph 61 (6), the words "an appeal to the court is admissible" shall be replaced by the words "an action may be brought under special legislation.9b) Submission of an action has suspensory effect. The Tribunal shall decide on the application within 90 days. '.
40. Paragraph 65 (1) reads as follows:
"(1) An action may be brought under special legislation against a Council decision pursuant to paragraphs 63 and 64 within 30 days of the date of service of the decision. 9b) Submission of an action has suspensory effect. The Tribunal shall decide on the application within 90 days. '.
41. In the second sentence of Paragraph 66, the words "appeal to court 'are replaced by the words" action under special legislation.9b) Submission of an action has suspensory effect. The Tribunal shall decide on the application within 90 days.'.
42. The following Section 66a is inserted after Section 66:
Unless otherwise provided for in this Act, the regulation of advertising pursuant to 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. '
This Act shall take effect on the day of its publication.
Zaoralek v. r.
Klaus v. r.
Spindles v. r.
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Regulation Information
| Citation | Act No. 341 / 2004 Coll., amending Act No. 231 / 2001 Coll., on the Operation of Radio and Television Broadcasting and amending other acts as amended |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 02.06.2004 |
|---|---|
| Effective from | 02.06.2004 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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