Federal Constitutional Law On The Transparency Of Media Cooperations As Well As Advertising Jobs And Promotions To Media Holders Of A Periodic Medium And Federal Law On Transparency Of...

Original Language Title: Bundesverfassungsgesetz über die Transparenz von Medienkooperationen sowie von Werbeaufträgen und Förderungen an Medieninhaber eines periodischen Mediums und Bundesgesetz über die Transparenz von ...

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125. Federal Law, with which a Federal Constitutional Law on the transparency of media cooperations as well as of advertising contracts and subsidies to media owners of a periodic medium and a federal law on the transparency of media cooperations as well as of advertising contracts and subsidies to media owners of a periodic medium, and the KommAustria Act are amended

The National Council has decided:

Article 1

Federal Constitutional Law on the Transparency of Media Cooperations and of Advertising Applications and Funding for Media Holders of a Periodic Medium (BVG Media Cooperation and Media Promotion-BVG MedKF-T)

§ 1. (1) Die in Art. 126b bis 127b of the Federal Constitutional Law-B-VG, BGBl. I No 1/1930, as well as the other legal entities subject to the law of the Court of Auditors, have the name of the periodic medium for media cooperation with and advertising contracts for media holders of a periodic medium. and the amount of the fee as well as in the case of funding to media holders of a periodic medium, the name of the recipient and the amount of the funding to be publicly disclosed.

(2) The control of the disclosure obligation is the responsibility of the institution set up under Article 20 (2) Z 5a B-VG for the supervision and regulation of electronic media and for the promotion of the media. By means of federal law, this institution may be exempted from the binding to instructions of the institution superseted and a supervisory law of the supreme organs appropriate to the task of the instructions-free institution, at least the right to be informed of all the objects of the management, to be informed.

(3) In order to ensure the completeness of the data referred to in paragraph 1, the Court of Auditors shall, at the beginning of a calendar year, list, at the beginning of a calendar year, a list of its control, which is to be updated every six months, in order to ensure the completeness of the information to transmit in electronic form, together with the data required for the collection of legal entities (names, addresses, bodies responsible for representation). If the Court of Auditors finds, on the occasion of a review of the act of a legal entity, that its published information on contracts, media cooperation or funding is incorrect, it shall have that effect to the institution referred to in paragraph 2. .

(4) More details, in particular on the nature of the media cooperations to be published in accordance with paragraph 1, advertising and promotional activities, the nature of the periodic medium, exceptions to the publication obligation, the way in which publication is published as well as the procedure for the control of the notification obligation, is determined by federal law. A federal law of this kind may also contain provisions relating to guidelines on the content and design of published publications of the entities referred to in paragraph 1, as well as the procedures to be followed when the directives are issued. For the Federal Administration, the Federal Government has to enact guidelines for the Land and Municipal Administration of the respective Land Government with regard to content and design.

§ 2. This Federal Constitutional Law will take place on 1 January 2008. Jänner 2012 in force. The Federal Government is responsible for the enforcement of this Federal Constitutional Law.

Article 2

Federal Law on the Transparency of Media Cooperations and of Advertising Applications and Funding for Media Holders of a Periodic Medium (Media Cooperation and Promotion Transparency Act, MedKF-TG)

Target specification

§ 1. This federal law serves to promote transparency in media cooperation as well as in the granting of advertising contracts and the award of grants to media owners of a periodic printing unit in accordance with § 1 para. Z 5 of the Media Law-MedienG, BGBl. No. 314/1981, or of a periodic electronic medium according to § 1 Z 5a MedienG.

Notification requirement for orders

§ 2. 1, 2 and 3, Art. 126b, Art. 126c, Art. 127 (1), (3) and (4), Art. 127a (1), (3), (4) and (9) and Art. 127b (1) of the Federal Constitutional Law-B-VG, Federal Law Gazette (BGBl). No 1/1930, as well as other entities subject to the law of the Court of Auditors, for all contracts awarded either directly or under the intermediary of third parties

1.

(audiovisual) commercial communication according to § 1a Z 6 of the ORF-law-ORF-G, BGBl. I n ° 83/2001, § 2 Z 2 of the Audiovisual Media Services Act-AMD-G, BGBl. I n ° 84/2001, and advertising and patronage in accordance with Section 19 (1) and (5) of the Private Radioact-PrR-G, BGBl. I n ° 20/2001, as well as contributions to the public in the content offer of the ORF (§ 14 para. 9 ORF-G) or in radio programs according to the PrR-G or in audiovisual media services according to the AMD-G and

2.

In accordance with § 26 MedienG to media owners of a periodic printing unit or otherwise to media owners of a periodic electronic medium,

the name of the periodic medium in which, with the exception of the cases of the Abs 4 publications, publications were made and the total amount of each of the publications made within a quarter (Z 1 and 2) to be notified in accordance with the following terms and conditions. For the periodic printing units which are recorded in accordance with Z 2, the obligation to make the announcement refers also to published publications in the supplements or special titles attached to the periodic printing unit.

(2) (1) does not apply to contracts for which the purpose of the publication of a publication obligation regulated by law or by law or otherwise by administrative or judicial authorities or the purpose of which is the publication of: Vacancies, calls for tenders or notices of limited public interest comparable to those similar to those of the same kind.

(3) The notification of the payer, the name of the periodic medium and the total amount of the fee paid for publications in the respective periodic medium has by means of the pleated electronically by means of a Web interface (web interfaces) to be made to KommAustria. The announcement shall be made quarterly in each case within two weeks from the end of a quarter. The publication of these data by the KommAustria is determined in accordance with § 3 (3).

(4) Where no orders within the meaning of paragraph 1 have been carried out for a legal entity in the relevant quarter, or the total amount of the remuneration of the orders carried out by a media holder of a periodic medium is not more than 5000 Euro in the respective quarter, so this is in the way of the web interface (paragraph 3) separately, within the period referred to in paragraph 3. The publication of this information by KommAustria is governed by Section 3 (3).

(5) The fee paid shall be indicated as net remuneration. In the case of exchange-like or exchange-like shops, the common value shall be indicated. The date of the service provision shall be decisive for the notification obligation.

Publishing procedures and details

§ 3. (1) In each case until 30 April, 31 July, 31. October and 31. On the basis of the annountions made pursuant to § 2 (3) and (4), Jänner has clearly distinguishable in colour on the website of the KommAustria in two categories, which legal entities the relevant legal entities within the time limits of the relevant Notification obligation has been complied with or has not been complied with.

(2) Where, within the time limit referred to in Article 2 (3), a legal entity does not make an announcement of any orders issued or an announcement that no disclosure obligation exists, the relevant legal entity shall be informed of the KommAustria to set a grace period of four weeks.

(3) A publication of the reported data or a notice that, due to the total amount of the remuneration, there is no disclosure obligation of the right-holder, has the existence of all the announcing, for the quarter in question, but at the latest on 15 March, 15 June, 15 September and 15 December for the quarter preceding each of these days shall be made.

(4) In the case of publication in accordance with paragraph 3, a breakdown shall be made with respect to the contracting authority. In addition, a breakdown is also to be made according to the areas of action of the individual Federal Ministries for the disclosure requirements to be made by the Federal Government.

(5) By means of a corresponding separation in the course of publication, it is necessary to ensure a clear distinctness between the announcement according to § 2 and the announcement according to § 4. Other legally regulated publication obligations shall remain unaffected.

(6) The published data of a calendar year shall be deleted by the KommAustria in each case two years after its first publication from the website. If a legal entity finds that the information relating to him is incorrect, he shall immediately inform the Commission of this in electronic form without delay. If necessary, the KommAustria shall have the right to make the right.

Content Requirements

§ 3a. (1) Audiovisual communication and published publications of Art. 126b (1) and (3), Art. 126c, Art. 127 (1) and (4) and Art. 127a (1) and (4) of the Federal Constitutional Law-B-VG, Federal Law Gazette (BGBl). No 1/1930, the legal entities referred to above shall be used exclusively to cover a specific need for information of the general public, which is linked to the scope of action of the respective legal entity. This includes, in particular, information on the legal situation, as well as recommendations for action or behaviour and factual information. Audio-visual communication or publication, which has no specific reference to the need for information and which is intended solely or partly solely for the purpose of marketing the activity of the legal entity, shall be inadmissible.

(2) In order to determine the principles set out in paragraph 1 above, the Federal Government, in agreement with the Main Committee of the National Council and the respective Land Government, has guidelines on the content design of audiovisual commercial commercial products. Communication and publication of documents (§ 2 (1) and (2)). The Federal Government, as well as the respective federal state government, must consult a recognised body for self-regulation in the field of commercial communications in the media prior to being released. The respective directives have more detailed provisions on:

1.

ensuring the clear distinctness of editorial contributions,

2.

the formal and substantive criteria for determining a reference to the activity of a legal entity, including, in particular, requirements relating to the reference to past, present or current future activities;

3.

positive and negative demarcation criteria to assess the extent to which the information provided is a contribution to the coverage of the need for information by providing factual information from which the general public is or even a group of persons determined on the basis of general criteria may draw a certain advantage, in particular by reference to a non-profit-making offer or by encouraging the conduct of such activities to the general public. or in any way indirectly to the groups of persons described or directly to the advantage.

(3) Paragraph 1 and 2 shall apply to the legal entities referred to in Article 126b (2), Article 127 (3) and Article 127a (3) B-VG as well as other entities subject to the law of the Court of Auditors, which are largely responsible for the administration of the Federal, state, municipal or municipal associations.

(4) Facilities pursuant to Art. 126b (1) and (2), Art. 126c, Art. 127 (1) and (3) and Art. 127a (1) and (3) B-VG are prohibited, in audiovisual commercial communication or published publications, to the supreme organs within the meaning of Art. 19. B-VG.

Notification obligation and publication of funding and programme charges

§ 4. (1) In addition to the disclosure requirements in accordance with § 2 (1), the legal entities referred to there for funding granted to media holders of a periodic medium have

1.

from the funds according to § 29 and § 30 of the KommAustria-Gesetz-KOG, BGBl. I No 32/2001,

2.

according to the Press Promotion Act 2004-PresseFG 2004, BGBl. I No 136/2003,

3.

in accordance with Section II of the 1984-PubFG-PubFG, BGBl. No 369/1984, and

4.

the content of the support measures referred to in Z 1 to 3 is comparable in terms of content, in particular as regards the content design, production or distribution of a periodic printing unit or the content design and broadcasting, or the availability of a periodic electronic medium,

the name of the beneficiary and the total amount of funding granted within a quarter. The commitment of the promotion is decisive, and subsequent changes are not to be taken into account. § 2 (3) and (4) and § 3 shall apply mutatily.

(2) Where no funding within the meaning of paragraph 1 has been awarded by a legal entity in the relevant period in each case, or if the total amount of the funding to a media owner is not more than EUR 5 000 in the corresponding quarter, this is in the way of the The web interface (§ 2 para. 3) is to be disclosed separately.

(3) In a further section, the amount of the program received by the ORF within the respective quarter (§ 31 paragraph 1 ORF-G) as well as the retribution pursuant to § 31 para. 11 ORF-G must be published.

Report on the application of the rules on disclosure

§ 4a. The KommAustria has to report on the application of § § 2, 3 and 4 in the activity report provided for in § 19 paragraph 2 KOG.

Administrative penalty

§ 5. (1) Any person who does not comply with his obligation to make disclosure pursuant to § 2 or § 4 up to the date specified in § 2 para. 3 and also fails to use the grace period pursuant to § 3 para. 2 shall be subject to an administrative surrender and shall be fined up to EUR 20 000 in the event of a repetition of a fine of up to 60 000 euro.

(2) In the event of a fine of up to EUR 20 000, in the event of a fine of up to EUR 60 000, the person concerned shall be punished by a fine of up to EUR 20 000, who shall cause an announcement, the incompleteness or inaccuracy of which he or she is not responsible for the transfer of the contract. is obvious or has been found by the KommAustria on the occasion of a communication from the Court of Auditors in the course of the control of the fragil of a legal entity.

References

§ 6. Insofar as provisions of other federal laws are referred to in this Federal Act, these are to be applied in their respectively applicable version.

Entry into force and transitional provisions

§ 7. (1) This federal law shall enter into force on 1 July 2012 and shall apply to facts which have occurred after its entry into force.

(2) For orders pursuant to § 2 (1), which have already been issued prior to the entry into force of this Federal Law, but also a proclaimed publication or (audiovisual) commercial to be initiated after the entry into force of this Federal Law Communication shall consist of the obligation to announce the publication, broadcast or dissemination of the contract in accordance with § 2.

Enforcement

§ 8. The Federal Chancellor is responsible for the enforcement of this federal law.

Article 3

Amendment of the KommAustria Act

The KommAustria-Law, BGBl. I n ° 32/2001, as last amended by the Federal Law BGBl. I n ° 111/2010, is amended as follows:

1. § 1 is added to the following paragraph 3:

"(3) In the end, the KommAustria shall be responsible for checking the notification obligation of media cooperations, advertising contracts and subsidies in accordance with the provisions of federal law."

2. In § 2 (1), the point at the end of Z 11 shall be replaced by an accoration; the following Z 12 shall be added:

" 12.

Perception of tasks according to the MedKF-TG, BGBl. I No 125/2011. '

2a. in Section 12, the word and string shall be deleted in paragraph 1. ", including its composition," and shall be added to paragraph 2 of the following sentence:

"The business distribution can be changed for important reason."

2b. In § 13 para. 4 Z 1 lit. a is replaced by a dash, and is added after the following phrase:

"and calls for tenders on its own account;"

2c. In Section 13 (4) (2) (2) (2) becomes lit. d the following lit. e is added:

" e.

Support from the Fund according to § 33. "

3. § 13 (4) the following Z 3 shall be added:

" 3.

Perception of the tasks according to the MedKF-TG. "

4. In § 17 paragraph 1 Z 4, after the reference " 2 " the phrase "and in the affairs according to § 2 para. 3" inserted.

5. In Section 18, Section 3, Z 1, after the phrase "in the field of media" the phrase "and in the field of the performance of tasks according to the MedKF-TG" inserted.

6. In § 35 (1) the number shall be: "1 211 550" by the number "1 433 500" replaced.

6a. In § 19 (3), at the end of Z 6, the point shall be replaced by a stroke; the following Z 7 shall be added:

" 7.

about the full education of the MedKF-TG. "

7. In § 44, the German Federal Law Gazette (BGBl) is awarded the Federal Act. I No 102/2011 " 15 " the designation " 16 " ; the following paragraph 17 is added:

" (17) § 12 para. 1, § 13 para. 4 Z 1 and 2, § 35 and § 45 paragraph 11 in the version of the Federal Law BGBl. I n ° 125/2011 are due to 1. Jänner 2012 in force. The organisational and personnel measures necessary for the commencement of the activities of the KommAustria in matters of the Media Cooperation and Promotion Transparency Act (MedKF-TG) can already be implemented before the entry into force of the regulations of the MedKF-TG will be taken. "

8. § 45 the following paragraph 11 is added:

" (11) By way of derogation from Section 35 (1), RTR-GmbH shall be per 30 in calendar year 2012. Jänner to transfer an additional amount of EUR 70 000 from funds from the federal budget. "

Fischer

Faymann