Law of public radio and television broadcasting and the creation of the public company radio and television of Andorra, SA since the General Council at its session of 13 April 2000, has approved the following: law on public radio and television broadcasting and the creation of the public company radio and television of Andorra, SA reason since the first law of broadcasting and television of Andorra , adopted by the General Council on October 12, 1989, and the modification of this law, adopted on 13 July 1992, there have been major changes both in the field of Andorra as well as at international level. On the one hand, during this period, Andorra has become a rule of law, with all that this implies. On the other hand, with the new information and communication technologies have produced fundamental changes not only in the operation, management and broadcasting of radio and television, but also in the way of understanding society, as they have appeared new challenges and opportunities for those who know how to take advantage of them.
In Europe has opened a process of revision of the legislation on the audiovisual sector, said that these changes had become obsolete. Within this process, the Andorran legislation is no exception.
The aim of this law is to place the Andorran legislation on radio and television in this process of adaptation of the legal framework to the new information technologies, strengthen the character of public service competitive with the new audiovisual environment information, establish new supervision and control organs achievement because the General principles established by this law will respect , and consolidate a system of management and financing that the competitive media environment with your to do.
The law regulates the system of radio and television, which declares the national and public service that may issue to any radio communications system, or telecommunications. The regulation covers the State coverage currently exists, but also provides for the possibility that, once they are implemented technological systems that permit, you can set up a system of radio and television of indirect management through administrative concession. Planning, organisation and management of the networks of transport and diffusion is reserved to the Government, as a body representing the State before the international instances of radiocommunications and telecommunications.
Finally, the present Law creates a public company stock called radio and television of Andorra, SA, which is a public company that is awarded the direct management of public service broadcasting and television.
Title i. status of broadcasting and public television chapter i. purpose and scope of application Article 1 first. This law aims at the regulation of broadcasting and television services, that are declared public services, with major State-owned, character.
2. The dissemination of public service of radio and television broadcasting can be done by analog or digital system by means of electromagnetic waves, satellite or cable, and can understand general issues or topics, open or coded, free delivery or payment, including interactive telecommunications services, such as the system of pay per view, video on demand and other that may develop in the future.
3. The planning, organisation and management of radio communications and telecommunications networks, as well as its functional assignment in the radio and television broadcasts, is reserved to the Government according to the international agreements and the legislation in force.
Chapter II. General provisions Article second public services of broadcasting and television station must hold its programming and its emissions to the following general principles: to) respect for the principles established in the Constitution of the Principality of Andorra and to the rights and freedoms that recognize and guarantee.
b) objectivity, accuracy and fairness of the information.
c) respect for the freedom of expression and information.
d) respect for the rights to honour, personal and family privacy and self-image.
e) respect for the political, cultural and social pluralism.
f) the promotion of the language, as well as the execution of cultural, educational and social mission of Andorra.
g) respect and special attention to the youth and children, both in the treatment of the contents as in the general programming.
h) respect for the principles of equality and non-discrimination for reasons of birth, race, sex or any other personal or social circumstances.
Article third During the electoral campaigns, you must apply the special scheme in accordance with the election rules.
Chapter III. Management of public service broadcasting and television public service fourth Article will be managed directly by a State-owned public company that rebranded radio and television of Andorra, SA.
Article five the management of public services of radio and television, which are not their own radio and television of Andorra, SA, requires prior administrative concession, which must be approved by the General Council.
Chapter IV. The Consell Andorrà de l'Audiovisual Article sixth Andorran Audiovisual Council is the advisory body of the Government advisory and the Principality of Andorra and the Sociedad de Gestión de Ràdio i Televisió d'Andorra, SA. The Government will give financial and administrative support.
This body shall exercise their functions with organic and functional autonomy.
Seventh article 1. The Consell Andorrà de l'Audiovisual is composed of five members of recognized technical and professional competence, appointed and voted out by the General Council with the favourable vote of three quarters of its members.
The term of Office of the members of the Board of the Audiovisual Andorran is five years.
If in the first ballot the required majority is not achieved in the previous section, are elected the candidates who, in a second vote, obtained the favourable vote of the absolute majority.
2. The Presidency of the Council of the Audiovisual Andorran is exercised functional for periods of six months, for older age in less rotational among its members.
The Presidency of the Council of the Audiovisual Andorra exercises the legal representation; organizes, coordinates and promotes their activity; convenes, presides over, suspends and lifts the meetings, and chair the deliberations. In the event of the absence or illness of the president, replaces the older vocal duties.
3. The secretariat of the Council of the Audiovisual Andorran is exercised functional for periods of four months, Rotary form less than older age among its members. The Secretary rises the minutes of the sessions and certifies the agreements with the approval of the president.
4. The Constitution of the Consell Andorrà de l'Audiovisual requires, to be valid, the presence of at least three of its members. The Consell Andorrà de l'Audiovisual meets at least once a month and, in any case, when requesting two of its members. The calls have to do with an advance preview of forty-eight hours at least, with the order of the day, but if it is decided the meeting when they are present and gathered all the members.
5. In the exercise of its functions, the Council Audiovisual Andorran may require assistance with voice but without vote in meetings of the general director of the radio and television of Andorra, SA. The call must be done with a prior notice of five days.
6. the resolutions of the Board of Andorra of the Audiovisual sector are adopted by a majority of the members present. In case of a tie the Chairman decides, you have casting vote.
Article eighth Is the competence of Andorran Council of the Audiovisual sector: a) Evacuate to written inquiries and issuing reports that ask the Government and the director-general of the Radio and television society, SA, on topics related to radio and television. In any case, are mandatory, but not binding, reports on bills or regulations related to the audiovisual sector.
b) Exercise the functions relating to the right of rectification that assigned to it in chapter V of this title.
c) Report annually the basic principles and lines of programming.
Also inform the grills this programming that may be submitted every six months by the director general of the public radio and television.
In particular, the Council of the Audiovisual Andorran will seek to respect the rights of minorities, children and young people, and so there is no discrimination by reason of race, sex, religion, and opinion.
of a mandatory report on the) draft global budget prepared by the director general, as a step prior to their presentation to the Government.
e) Know of those issues that, although not of its competence, the director-general of radio and television of Andorra, SA, submitted to its consideration.
Chapter v. right of rectification Article 9 1. Who is regarded as being harmed by the dissemination of data or facts contrary to the truth that the al·ludeixin may request the director-general of the Radio and television society, SA, within seven days of broadcast, it disseminated the corresponding correction.
2. The application must be motivated. The director-general should respond by accepting or denying the petition within three days if the program is daily; in other cases, within a maximum period of seven days. If you do not give any answer to the request is deemed denied.
3. Against the decision of the director-general can go, within the seven days, before the Council of Andorra of the Audiovisual sector, which gives a deadline of two days to the director-general to state the reasons for which it has not divulged the rectification, and resolve whatever from within a period of three days.
4. Once you have been agreed, the correction must be issued within three days in terms of audience equivalent to those of the space in which they disseminate the information or the facts object of the rectification. If the resolution of the Council of Andorra of the Audiovisual sector does not lead to the rectification, the person who had urged the rectification may present a petition before the Civil Section of the Bailiwick, which apply to criminal summary procedure.
Chapter VI. The parliamentary control Article tenth corresponds to a permanent legislative Commission of the General Council, to exercise control and to ensure, through the director general for the activities of radio and television of Andorra, SA, conform to the principles set out in the second article of the present law.
Title II. Of the public company radio and television of Andorra, SA Chapter VII. Creation of the public company radio and television of Andorra, SA Article eleventh for the management of public service broadcasting on television and exploited directly by the State will agree to the creation of the public company radio and television of Andorra, SA, under the legal form of company stock, or anonymous, you have to hold your organization, its activities and its functioning to the statutes annexed to this law and is subject to financial control in the the regime established by the general law on public finance.
Article XII the company radio and television of Andorra, SA, in the articles of association the following circumstances: to) is its object: and) production, editing, importing and dubbing of all types of images and sound documents, and their marketing and dissemination by means of electromagnetic waves, satellite or cable, either in general emissions either topics , encoded or not encoded, via free access systems or in the forms of pay to view or others that may be established in the future.
II) the management of their own television and radio channels.
III) the dissemination of statements or official communications of public interest, that of political propaganda in the time and in the manner established by law, marketing and selling of their products and, limitedly, advertising.
It is also the object of the society all other activity accessory or complementary to the specified principal object.
b) founding capital is one hundred million pesetas (100 million PESETAS). Social capital is entirely State-owned and cannot alienate themselves, to gamble, record, pignorar or give in any way onerous or free.
c) the Government carries out functions of the General Board of the joint-stock company. The society is governed by a general manager, who is considered a single administrator and is responsible for the social management and the programming of the radio and television broadcasts. The representation of the company in court and out of this area corresponds to the general manager, which extends its representation in all events included in the corporate purpose defined in the statutes.
d) the director-general is appointed by the Government, after having heard the advice of the Audiovisual Andorran, and his term of office lasts for the time of a
legislature, while still serving in the position until its ratification or substitution.
e) in addition to the causes that are determined in the regulation of commercial companies, the post of director-general is incompatible with any elective public office such as designation, and so it is with any linkage with other means of communication, or with advertising companies, program production, or related to the supply or the provision of radio and television equipment. If there is a cause of incompatibility, may require the director general the responsibilities that correspond.
f) the Government can dismiss by agreement motivated the general director in the following circumstances: to estimate the economic management is contrary to the principles of good administration For incompetence manifested by conviction for wilful to appreciate a cause of incompatibility Article 13 1. Ràdio i Televisió d'Andorra, s.a., has to comply with the corporate purpose of the heritage and the resources that the Government there is attached to and you get in the future with the exercise of their activity.
Ràdio i Televisió d'Andorra, s.a., can arrange credit operations to meet cash needs as long as a whole these does not exceed the 35% of the income for ordinary operations of the previous year.
2. There is also the goods belonging to the national heritage that the General Council there is attached to the proposal of the Government.
3. The assets of the national heritage that is the topic headings on radio and television of Andorra, SA, have the legal qualification of the goods in the public domain.
Ràdio i Televisió d'Andorra, s.a., has full autonomy for the ordinary and extraordinary administration of the goods of public domain that may be attached, which can only be used for the fulfillment of its purposes. When some well demanial you have attached ceases to be necessary for the carrying out of the purposes of the service provided, will proceed to their tax or will reimburse the national heritage.
The fourteenth article 1. Ràdio i Televisió d'Andorra, SA, is financed through subsidies provided to the budgets of the Principality and the commercial income you get in advertising, sales of their products and any other performance from the planned activity in its corporate purpose.
2. The director-general referred to the Government each year the draft annual budget, which must include the ordinary subsidies and investment holding, for consideration and, where appropriate, to include in the draft general budget of the State.
3. The budgets, accounting and financial control of the company are subject to the provisions of the general law of public finance and the concordant provisions and deployment.
4. The director-general must submit each year to the Government for approval and control, the following documents: the settlement of the budget balance and the trading account corresponding to the social exercise the account summary of commercial operations a variation of working capital financing a Government program that can do The fifteenth Article and spread all the statements and official communications of public interest it deems necessary with an indication of their origin.
Transitional provisions the first authorises the Government to subscribe the whole capital of radio and television of Andorra, SA.
Second, the Government, through Decree empowers to dictate the rules of assignment of the goods that are currently held or are owned by the ORTA, who must be transferred to the radio and television of Andorra, SA, so you can work, once it has been allocated.
Third until they have given with the transitional provisions above, ORTA will continue to exercise the duties that correspond according to the legislation that this law derogates, which will continue to be applied until such time as that to be effective the functioning of the agencies and companies that are established in this law.
Fourth, while not regulating by law the regime of administrative concessions laid down in article five of the present law, the existing radio and television stations to the entry into force of the present law, will continue in the same conditions as at present.
Repealing Only abolishes the law of 12 October 1989 and 13 July 1992 of broadcasting and television of Andorra and the rules of the same or lower rank that conflict with what is foreseen in this law.
Final provisions First Chapter V of this law has qualified character.
Second empowers the Government to issue the regulatory provisions for the execution, the development and the application of this law.
Third this law shall enter into force on the date of its publication in the official bulletin of the Principality of Andorra.
Casa de la Vall, 13 April 2000, Francesc Areny Casal Syndic General Us the co-princes the sancionem and promulguem and let's get the publication in the official bulletin of the Principality of Andorra.
Jacques Chirac President of the French Republic of Andorra Co-prince Juan Marti Alanis Co-prince of Andorra, the Bishop of Urgell Annex and the statutes of the public company radio and television of Andorra, SA i. name, registered office, object, duration and legal personality Article 1 the name of the society is "radio and television of Andorra, s.a.," with the initials "," SA ".
Article 2 the object of the society is: a) the production, editing, importing and dubbing of all types of images and sound documents, and their marketing and dissemination by means of electromagnetic waves, satellite or cable, either in general emissions either topics, encoded or not encoded, via free access systems or in the forms of pay to view or others that may be established in the future.
b) the management of their own television and radio channels.
c) the dissemination of statements or official communications of public interest, that of political propaganda in the time and in the manner established by law, marketing and selling of their products and, limitedly, advertising.
Likewise, you can perform, for accessory, complementary activities of the object indicated that tend to best her development.
Article 3 The society, on the basis of their entry in the register of companies, has full legal personality and capacity to act for the effective exercise of all kinds of actions and appeals administrative bodies and courts of
any degree and jurisdiction, and to perform all the operations and civil, administrative, commercial, financial and contracts of any other kind that deems necessary or convenient to carry out better its social object.
Article 4 the company is indefinite and its operations begin on the same day in which to acquire legal personality.
Article 5 the address of the society is to Download the mill, Nr. 24, from Andorra la Vella.
The ordinary or extraordinary General meeting, can arrange the transfer of the registered office to another village, as well as the opening of delegations, representations, branches and agencies, anywhere in the country or abroad.
II. Article 6 social Capital social capital is set at one hundred million pesetas (100 million PESETAS), divided into one hundred actions nominatives, a million pesetas (1.000.000 PESETAS) of nominal value each of them.
The initial share capital can be increased or decreased by resolution of the extraordinary General meeting, in accordance with the legislation in force. The changes of the social capital must register in the register of companies.
Article 7 at the time of granting the deed of incorporation of the company, the share capital is fully subscribed and desembossat, as stated in the said writing.
Article 8 the social capital is entirely State-owned and cannot alienate themselves, to gamble, record, pignorar or give up in any way onerous or free.
III. actions Article 9 the actions are always nominatives, are extracted from a checkbook, and may eventually be represented by temporary certificates.
Article 10 the shares are numbered correlatively, and register to the Register of actions provided for in article 23 of the regulation of societies, in which they have to legally relevant annotations.
IV. Liability for debts Article 11 reply society social debts with all his wealth, present and future.
V. Government of the partnership Article 12 The society is governed and ruled by the General meeting of shareholders and by the director general, who is considered a single administrator.
Vi. General meeting of shareholders Article 13 the Government exercises the functions of the General meeting of shareholders, which is the sovereign body of the society.
Article 14 the General aims to: a) to examine and, if appropriate, approve the social and management of accounts and the balance sheet of the company, corresponding to the previous year.
b) Resolve on the profit and loss account and the distribution of benefits.
c) decide on the disposition of the reserve fund.
d) Examine, approve or reject the budget presented by the director general.
e) in general, decide on any other matter you submit to the director-general or to be included in the order of the day.
VII. general manager Article 15 the company is governed, represented and managed by a general manager, you have administrator roles only and is responsible for the programming of the radio and television stations. The representation of the company in court and out of this area corresponds to the general manager, which extends its representation in all events included in the corporate purpose.
Article 16 the director-general is appointed by the Government, after having heard the advice of the Audiovisual Andorran, and his term of office lasts for the time of a legislature, while still serving in the position until its ratification or substitution.
Article 17 in addition to the causes that are determined in the regulation of commercial companies, the post of director-general is incompatible with any elective public office such as designation, and so it is with any linkage with other means of communication, or with advertising companies, program production, or related to the supply or the provision of radio and television equipment. If there is a cause of incompatibility, may require the director general the responsibilities that correspond.
Article 18 the appointment of charges, the powers and the revocation of powers they have to register in the register of companies, in cases required by law.
Article 19 the Government can dismiss by agreement motivated the general director in the following circumstances: to estimate that the management is contrary to the principles of good administration For incompetence manifested by conviction for wilful to appreciate a cause of incompatibility Article 20 the director-general may delegate a part of their own powers and can confer powers to third parties.
In any case, the powers conferred by the general manager must hold themselves to the provisions of article 9.2 of the regulation of companies or, if this is the case, in which, for legislative amendment may be in force in the future.
VIII. Article 21 Accounting the company is obliged to take an accounting of its operations, in the books as determined by the General meeting of shareholders.
In any case, is required to bring the following accounting books: newspaper, major, inventory and balance sheet.
IX. Financial Control Article 22 financial control is managed by the General intervention in accordance with the provisions of the general law on public finance. At least once a year is carried out an audit of the accounts.
X. debt and benefits Article 23 the company can arrange credit operations to meet cash needs as long as a whole these does not exceed the 35% of the income for ordinary operations of the previous year.
Article 24 of the company's revenue, by any concept, after deducting all the expenses and depreciation, constitute the social benefits, which are distributed in the following way: a) in any case, should be allocated to the reserve fund 10% at least of the social benefits, until this Fund does not represent at least 10% of the share capital.
b) as for the rest, the director-general has presented to the General meeting of shareholders the proposal for distribution of profits.
XI. Dissolution and liquidation Article 25 the dissolution of the company corresponds to the General Council.
Article 26 Agreed the dissolution period the functions of the director general and the General retains the same powers that had for the social life. The General meeting appoints one or more liquidators and determine their powers.