Act No. 46 / 2000 Coll.
Law on rights and obligations when issuing periodical printing and amending certain other laws (Press Act)
Valid
Law
Effective from 14.03.2000
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46
THE LAW
of 22 February 2000
on rights and obligations in the issue of periodical printing and amending certain other laws (Press Act)
Parliament has decided on this law of the Czech Republic:
Subject matter
This law regulates certain rights and obligations of publishers and other natural and legal persons in connection with the issue of periodical printing.
Scope of the law
(1) This law applies to periodical printing issued or distributed in the Czech Republic. The provisions of Sections 6 to 9 and 17 do not apply to periodical printing issued outside the Czech Republic.
(2) This law does not apply to the Collection of Laws and International Treaties, Journals and Official Printers issued on the basis of specific legislation or to periodical printing issued solely for the internal needs of the publisher. 1)
Definition of terms
For the purposes of this Act:
(a) by periodical printing, newspapers, journals and other printed matter, issued under the same name, with the same content and single graphic presentation, at least twice in the calendar year;
(b) by the issuer, the natural or legal person issuing the periodic print;
(c) by issuing periodical printing, the activity of the publisher, in which he ensures, on his account and under his responsibility, the content, issue and public dissemination of the journal;
d) by issuing periodic printing a set of identical or only regional parts (mutations) with distinct material copies (copies) of the periodic printing;
(e) the date of issue of the calendar day on which the public dissemination of the issue of the periodical press began;
(f) by publicly disseminating the periodic press, making it available to an individually unspecified group of persons or persons so designated, if they cross the family of the publisher, who is a natural person, and to the personal friends associated with him,
(g) by means of the periodical printing of the local self-government unit, a periodical print of which the municipality, region or capital of Prague or its urban part (hereinafter referred to as the "territorial self-government unit") or a legal person established or established by or jointly by a local self-government unit or a legal person controlled by the local self-government unit itself or jointly by other local self-government units pursuant to a special legislature9, or a periodical print whose content, issue and public dissemination is provided by another publisher on the basis of a contract with a local authority unit or jointly or jointly with a number of local authorities.
Responsibility for the content of periodical printing
The content of the periodical printing is the responsibility of the publisher.
Communication in the periodical printing of the self-government unit
The publisher of the periodical printing of the local self-government unit shall provide objective and balanced information on the local self-government unit and provide adequate space for the publication of a communication expressing the views of the representatives of the local self-government body concerning that local self-government unit.
Responsibility for advertising and advertising content
The publisher is not liable under this law for the truthfulness of the information contained in advertising and advertising published in the periodical press. This exception does not apply to advertising and advertising by the publisher himself. Without prejudice to the responsibility of the publisher under the special legislature.2)
Notification in the urgent public interest
In the urgent public interest, the publisher is obliged to publish in the periodical press an important and urgent notification to the state authority and to the local authority, in particular to publish a decision on emergency, state of danger or war status. 3) This notice shall be published in the next edition of the periodical printing following the delivery of its text to the publisher in a graphically highlighting and distinguishing it from the other contents of the periodical printing.
Registration of periodical printing
(1) The Ministry of Culture (hereinafter referred to as "the Ministry") maintains the registration of the periodical press.
(2) The legal or natural person intending to issue periodical printing shall deliver a written notice to the Ministry no later than 30 days before the issue of periodical printing begins, which shall include:
(a) the name of the periodical printing;
(b) its content focus;
(c) the frequency (periodicity) of its issue;
(d) details of its regional mutations;
(e) the name, address and identification number of the person (hereinafter referred to as the "identification number") of the publisher, if the publisher is a legal person, or the name, surname, domicile and birth number of the publisher, otherwise the date of birth, if the publisher is a natural person, if the publisher is a natural person, who issues periodical printing on the basis of a trade permit, his business name, identification number and address of the place of business, if different from his place of residence.
(3) If the notification of the information provided for in paragraph 2 is not complete, the Ministry shall invite the person who made it to complete the notification within 15 days of the date of receipt of the call and inform it that, if that deadline is not complied with, the notification shall be viewed as if it had not been made.
(4) The Ministry shall enter the periodical printing in the periodical printing register and shall communicate within 15 days of the date of receipt of the notification of the specified data to the person who made the periodical printing number.
(5) If the issue of the registered periodic print has not started within 1 year of registration or has been interrupted for more than 1 year, the issue of the periodic print shall be terminated on the date of expiry of that period. The Ministry shall enter this fact in the periodical press register and inform the publisher thereof within 15 days of the date of receipt of the notification referred to in paragraph 7 or of the date on which it becomes aware otherwise.
(6) If the publisher of the periodical press whose publication has been terminated intends to renew its publication, he shall notify the Ministry in writing at the latest 30 days before the resumption of the periodical publication.
(7) The issuer shall notify the Ministry in writing of the change of the registered data, the interruption or termination of the issue of the registered periodical printing no later than 5 days after the date of the change of the registered data or the interruption or termination of the issue of the periodical printing.
(8) Everyone has the right to access and obtain statements or copies of the periodical press records.
Compulsory information
(1) The publisher shall ensure that each issue of periodical printing includes the following mandatory particulars:
(a) the name of the periodical printing;
(b) a description of the periodic printing of the local self-governing unit, if it is the periodic printing of the local self-governing unit;
(c) the frequency (periodicity) of its issue;
(d) the designation of the regional mutation, when the periodical printing is published in regional mutations;
(e) place of issue;
(f) number and date of issue,
(g) the registration number of the periodical press allocated by the Ministry;
(h) the name, address and identification number of the publisher, if the publisher is a legal person, or the name, surname and address of the publisher, if the publisher is a natural person; if the publisher is a natural person issuing the printing on the basis of a trade licence, his business name, identification number and address of the place of business, if different from his place of residence.
(2) Periodical printing which does not contain the information referred to in paragraph 1 must not be made publicly available; This does not apply to the registration number of the periodical press allocated by the Ministry if the Ministry has not communicated the registration number to the publisher within the time limit provided for in Section 7 (4).
Compulsory copies
(1) The issuer shall ensure the delivery of a specified number of copies (hereinafter "the compulsory copy ') to the following recipients free of charge for his or her cargo from each issue of the periodical printing within 7 days of its issue:
(a) 2 compulsory copies of the National Library of the Czech Republic,
(b) 1 compulsory copy of the Moravian Earth Library in Brno,
c) 1 compulsory copy of the library of the National Museum in Prague,
(d) 1 compulsory copy to the Ministry;
(e) 1 compulsory copy of the Parliamentary Library,
(f) (1) a compulsory copy of each regional library;
g) 1 mandatory copy of the Municipal Library in Prague,
h) 1 mandatory copy of the periodical print, which is the publisher for blind or weak-sighted, Library and printer for blind K. E. Macana in Prague.
(2) Where periodical printing is issued in regional mutations, the publisher shall fulfil the obligation referred to in paragraph 1 (f) by delivering a compulsory copy of such periodical printing of the regional library responsible for the designation of the regional mutation.
(3) The required copy must be impeccable. If a compulsory copy of a defect has a technical processing point, its consignee shall have the right to request the replacement of a defective copy for impeccable.
(4) A written request for the replacement of a defective compulsory copy for an impeccable copy shall be sent by the consignee to the publisher within 15 days of the date on which the defective copy was delivered to him, otherwise his right under paragraph 3 shall cease to exist.
(5) The issuer shall be obliged to make free of charge the replacement of a defective compulsory copy on his cargo within 10 days of the date on which the written request for replacement was received.
Response
(1) Where a notice containing a factual claim concerning the honour, dignity or privacy of a natural person has been published in the periodical press, or the name or reputation of a legal person, that person shall have the right to request a reply from the publisher. The publisher shall publish the reply at the request of that person.
(2) The answer shall be limited to the factual claim by which the claim referred to in paragraph 1 is made to an end or incomplete or otherwise the truth distorting the claim is supplemented or clarified. The reply shall be proportionate to the extent of the contested communication and, if only part of it is contested, to that part; the answer must be seen as being made.
(3) The person at whose request a reply has been published by the publisher under this Act cannot require the publication of a further reply to that reply.
(4) After the death of a natural person, the law referred to in paragraph 1 shall be the responsibility of his or her spouse and children and, failing that, his or her parents.
(5) The provisions of the Special Legislation (4) on the protection of personality and the protection of the name and reputation of a legal person remain unaffected by the adaptation provided for in paragraphs 1 to 4.
Additional communication
(1) Where a communication on criminal proceedings or proceedings against a person who can be identified under that communication has been published in the periodical press, that person shall have the right to request the publisher to disclose information on the final outcome of the proceedings as an additional communication. The publisher shall, at the request of that person, publish information on the final decision as an additional communication.
(2) After the death of a natural person, the law referred to in paragraph 1 shall be the responsibility of his or her spouse and children and, failing that, his or her parents.
(3) The provisions of the Special Legislation (4) on the protection of personality and the protection of the name and reputation of a legal person remain unaffected by the adaptation provided for in paragraphs 1 and 2.
Additional information
(1) The member of the local authorities may request additional information from the publisher if the publisher of the periodical printing of the local authorities
(a) it shall not publish a communication pursuant to Article 4a for a period of 3 months from the date of service of that communication to the publisher;
(b) it shall not publish a notice pursuant to Paragraph 4a in the next edition in the case of the periodical printing of the local authority, unless it is issued to the publisher within 3 months of the date of service of that communication; or
(c) publish a communication pursuant to § 4a, but a member of the council will consider that the publisher has not given him adequate space under § 4a.
The publisher is obliged to publish additional information in the periodical printing of a self-government unit in which he has not published or provided adequate space for communication pursuant to § 4a.
(2) A member of the representative of a local authority at whose request additional information has been published by the publisher under this Act may not require the publication of additional information in addition to that additional information.
Submission and details of the request for a reply and additional communication
(1) The request for publication of a reply or additional communication must be in writing.
(2) The request to publish a reply shall make it clear in what way the factual claim contained in the published communication affects the honour, dignity or privacy of a natural person, or the name or reputation of a legal person. The application shall also include a draft text of the reply or an additional communication.
(3) The request for publication of a reply shall be received by the publisher no later than 30 days after the date of publication of the contested notice in the periodical press, otherwise the right to publication of the reply shall cease.
(4) The request for the publication of an additional communication must reach the publisher no later than 30 days after the legal authority of the decision which has final effect, otherwise the right to publish the additional communication shall cease. If the final decision has been revoked, the previous provision shall apply mutatis mutandis.
Conditions for publication of a reply and additional communication
(1) The reply or additional communication shall be published by the publisher
(a) in the same periodical print in which the contested communication was published, in such a way that the new communication is placed and in a form equivalent to and proportionate to the extent appropriate to the contested communication, and where only part of it is contested, that part thereof,
(b) with the express indication "reply" or "additional communication,"
(c) at its own expense,
(d) in the same language in which the contested notice was published,
(e) indicating the name and surname or name of the person requesting the publication of a reply or additional communication.
(2) The publisher shall publish a reply or additional communication within 8 days of the date of receipt of the request for a reply or additional communication.
(3) If the reply or additional communication cannot be published within the time limit referred to in paragraph 2, the publisher shall be obliged to do so in the next issue of the same periodical printing. The publisher shall inform the person making the request in writing of this procedure within 8 days of the date of receipt of the request for publication of the reply or of the additional communication and indicate in this information the issue of the periodical print in which the reply or additional communication is published.
(4) If the reply or additional communication cannot be published in the same periodical print in which the contested communication was published, the publisher shall, at his own expense, ensure that the reply or additional communication is published under the conditions laid down in this Act in the periodical print agreed with the person requesting the reply or additional communication. Such an agreement shall also be subject to the place and form of publication of a reply or additional communication.
Application of the right to publish a reply and additional communication in court
(1) If the publisher does not publish a reply or an additional communication or fails to comply with the conditions for the publication of a reply or an additional communication provided for in paragraphs 1 to 3 of Article 13, the court shall decide on the obligation to publish a reply or additional communication on the basis of a request from the person who requested it. The same applies if it has not reached an agreement under Paragraph 13 (4).
(2) The application must be submitted to the court within 15 days of the expiry of the time limit laid down for the publication of a reply or an additional communication, otherwise the right to request the publication of a reply or an additional communication in the court shall cease.
Exemptions from the obligation to publish a reply and additional communication
(1) The publisher is not obliged to publish a reply or additional communication if:
(a) a criminal offence or offence would be committed by publishing the proposed text;
(b) the publication of the proposed text would be contrary to good manners;
(c) the contested communication, or the contested part thereof, shall be a citation of a communication from a third party designated for the public or its true interpretation and shall be labelled or presented as such.
(2) The publisher shall not be obliged to publish a reply if the request for publication is directed towards a communication published on the basis of the demonstrable prior consent of the person making the request.
(3) The publisher shall not be obliged to publish an additional communication if, before the request for publication has been received, he has published a communication corresponding to an additional own-initiative communication and has complied with the conditions laid down by this law.
(1) The request for publication of supplementary information shall be in writing and shall contain a draft text containing additional information to be published.
(2) The request for publication of supplementary information shall be received by the publisher no later than 3 months
(a) from the expired period referred to in Article 11a (1) (a);
(b) from the date on which the notification pursuant to Paragraph 4a was to be published in the next issue of the periodical printing of a self-government unit which is not issued within 3 months; or
(c) from the date on which the notice referred to in Article 4a was published in the periodical printing of the local authority, but the member of the council considers that the publisher has not given him adequate space under Article 4a;
otherwise the right to publish supplementary information shall cease to exist.
(3) Paragraphs 13 to 15, with the exception of Articles 15 (1) (c) and 15 (2) and (3), shall apply mutatis mutandis to the publication of supplementary information. The publisher shall indicate the additional information published by the words "additional information '.
Protection of resources and content of information
(1) A natural or legal person who has participated in the acquisition or processing of information for publication or publication in the periodical press has the right to refuse to provide information on the origin or content of such information to a court, other State authority or public administration.
(2) A natural or legal person who has participated in the acquisition or processing of information for publication or publication in the periodical press has the right to refuse the submission or release of items from which the origin or content of such information could be established.
(3) The rights referred to in paragraphs 1 and 2 are without prejudice to the specific legislation laid down by the obligation not to maintain the perpetrator of a criminal offence and to prevent or notify a criminal offence (5) and in relation to those specific legislation laid down by the obligations or obligations laid down in criminal proceedings. 6)
(4) The rights referred to in paragraphs 1 and 2 are without prejudice to the obligation of the publisher laid down by special legislation7) to communicate to the tax administrator, at his request, the name and address of the client of the advertisement published under the mark, if any, or its name and registered office, if it is a legal person.
Transfers
(1) The publisher commits an offence by:
(a) deliver to the Ministry within a specified period of time the information needed to register the periodical printing before the publication of the periodical printing referred to in Article 7 (2) or (3),
(b) not notify the Ministry in writing, within the prescribed time limit, of any change in the registered data, interruption or termination of the issue of periodical printing pursuant to Article 7 (7);
(c) in contravention of Paragraph 8 (2), allow the public dissemination of periodical printing without mandatory data or with incomplete or incorrect mandatory data;
(d) not deliver within the prescribed time limit a specified number of compulsory copies to the designated beneficiaries in accordance with Article 9 (1); or
(e) shall not, within the prescribed time limit, replace the defective compulsory copy for impeccable in accordance with Article 9 (5).
(2) A penalty may be imposed in respect of an offence:
(a) 100 000 CZK if the offence referred to in paragraph 1 (a), (b), (d) or (e) is committed;
(b) 200 000 CZK if the offence referred to in paragraph 1 (c) is committed.
(3) Where the offence referred to in paragraph 1 (b) to (e) has been committed repeatedly after the decision on the infringement has become final, the fine shall be imposed up to twice the upper limit of the rates referred to in paragraph 2. The offence shall be committed repeatedly if a decision on the same offence as the defendant was found guilty has not been taken for 12 months since the entry into force of the law.
(4) Transfers under this law are discussed by the Regional Office. The local jurisdiction of the Regional Office shall be governed by the seat or place of business of the publisher, if it is a legal or commercial natural person, or the place of permanent residence of the publisher, if it is a natural person.
Transitional provisions
(1) If, on the date of entry into force of this Act, the periodical printing has been registered in accordance with existing legislation, the obligation of the publisher to notify the Ministry of the data pursuant to Article 7 (2) shall be deemed to have been fulfilled.
(2) The registration procedure for periodical printing which is not completed on the date of entry into force of this Act is hereby terminated. The application for registration of periodical printing shall be deemed to be a notification, in accordance with Article 7 (2), of the person who intends to issue the periodical printing. The administrative fees paid shall be refunded in accordance with specific legislation. 9)
(3) Within 3 months of the date of entry into force of this Act, the county authorities will forward the registration data for the periodical press in accordance with existing legislation.
(4) Applications for publication of a correction submitted by the date of entry into force of this Act shall be assessed in accordance with existing legislation.
(5) In proceedings on the obligation to publish a correction initiated before the date of entry into force of this Act, the court shall decide according to the existing legislation.
(6) Fees due before the date of entry into force of this Act shall be governed by existing legislation.
The scope laid down by the Regional Authority under this Act is the exercise of the delegation.
Repeal
They shall be deleted:
1. Act No. 81 / 1966 Coll., on Periodic Printing and on Other Mass Information Means.
2. Act No. 84 / 1968 Coll., amending Act No. 81 / 1966 Coll., on Periodic Printing and on Other Mass Information Means.
3. Act No. 86 / 1990 Coll., amending and supplementing Act No. 81 / 1966 Coll., on Periodic Printing and on Other Mass Information Means.
4. Act No. 160 / 1999 Coll., amending Act No. 81 / 1966 Coll., on Periodic Printing and on Other Mass Information Means, as amended.
5. Decree of the Ministry of Education and Culture No. 140 / 1964 Coll., on compulsory and work copies.
Amendment of Act No. 425 / 1990 Coll., on District Offices, the modification of their scope and certain other measures related thereto
In Annex 1 to Act No. 425 / 1990 Coll., on District Offices, the modification of their scope and certain other measures related thereto, as amended by Act No. 266 / 1991 Coll., Act No. 542 / 1991 Coll. and Act No. 321 / 1992 Coll., entry 104 is deleted.
Amendment to Act No. 468 / 1991 Coll., on the operation of radio and television broadcasting
Act No. 468 / 1991 Coll., on the operation of radio and television broadcasting, as amended by Act No. 597 / 1992 Coll., Act No. 36 / 1993 Coll., Act No. 253 / 1994 Coll., Act No. 40 / 1995 Coll., Act No. 237 / 1995 Coll., Act No. 301 / 1995 Coll. and Act No. 135 / 1997 Coll., is amended as follows:
1. the following Sections 5a to 5g are inserted after Article 5, including footnotes 2c, 2d and 2e:
Response
(1) Where a communication has been published in radio or television broadcasting containing a factual claim affecting the honour, dignity or privacy of a natural person, or the name or reputation of a legal person, that person shall have the right to require the operator to publish a reply. The operator shall, at the request of that person, publish the reply.
(2) The answer shall be limited to the factual claim by which the claim referred to in paragraph 1 is made to an end or incomplete or otherwise the truth distorting the claim is supplemented or clarified. The reply shall be proportionate to the extent of the contested communication and, if only part of it is contested, to that part; the answer must be seen as being made.
(3) The person at whose request an operator has published a reply under this Act cannot require the publication of a further reply to that reply.
(4) After the death of a natural person, the law referred to in paragraph 1 shall be the responsibility of his or her spouse and children and, failing that, his or her parents.
(5) The provisions of the Special Legislation (2c) on the protection of personality and the protection of the name or reputation of a legal person remain unaffected by the adaptation provided for in paragraphs 1 to 4.
Additional communication
(1) Where, in radio or television broadcasting, a communication on criminal proceedings or proceedings concerning offences against a natural person or proceedings concerning administrative offences against a natural or legal person which can be identified under that communication has been published and the procedure has not been terminated by a final decision, that person shall have the right to require the operator to make public information on the outcome of such proceedings as an additional communication. The operator shall, at the request of that person, disclose the final decision as an additional communication.
(2) After the death of a natural person, the law referred to in paragraph 1 shall be the responsibility of his or her spouse and children and, failing that, his or her parents.
(3) The provisions of the Special Legislation (2c) on the protection of personality and the protection of the name or reputation of a legal person remain unaffected by the adaptation provided for in paragraphs 1 and 2.
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Regulation Information
| Citation | Act No. 46 / 2000 Coll., on rights and obligations in the issue of periodical printing and on the amendment of certain other laws (Press Act) |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 14.03.2000 |
|---|---|
| Effective from | 14.03.2000 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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