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 ...

Read the untranslated law here: https://www.global-regulation.com/law/austria/2997836/bundesverfassungsgesetz-ber-die-transparenz-von-medienkooperationen-sowie-von-werbeauftrgen-und-frderungen-an-medieninhaber-eines-periodischen-mediums.html

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125. Federal law, Federal Constitutional law on the transparency issue media cooperations as well as advertising jobs and promotions to media holders of a periodic medium and a federal law on transparency media cooperations as well as advertising jobs and promotions to media holders of a periodic medium and the KommAustria Act amended

The National Council has decided:

Article 1

Federal Constitutional law on the transparency of media cooperations as well as advertising jobs and promotions to media holders of a periodic medium (BVG media cooperation and media promotion - BVG MedKF T)

§ 1 (1) in article 126b-127b of the Federal Constitution Act B-VG, Federal Law Gazette I no. 1/1930, the legal entity referred to, as well as the other legal entity subjected by law of the Court of Auditors control for media co-operations have and owner of a periodic medium advertising orders the name of the periodical media and the amount of the fee, as well as in the case of promotions to media holders of a periodic medium of the support recipient's name and the amount of funding publicly to announce.

(2) the duty of disclosure are responsible for ensuring the on the basis of article 20 para 2 Z 5a B-VG to the supervision and regulation of electronic media, and to promote the media furnished organ. By federal law can this organ by the binding instructions of the exempted him superior institution and provided a commensurate with the task of the autonomous body right of supervision of the Supreme bodies, at least the right to teach, all items of the Executive Board.

(3) the Court of Auditors has to ensure the completeness of the data to be known within the meaning of paragraph 1 a list every six months to update the known to him, to convey its controlled entities and the data needed for the acquisition of the legal entity (name, addresses, representation-authorised institutions) in electronic form the organ referred to in paragraph 2 at the beginning of the calendar year. Notes the Court of Auditors on the occasion of a review of the management of a legal entity, that the published information about orders, media partnerships or sponsorships are incorrect, so he has to notify the body referred to in paragraph 2.

(4) for more information, in particular about the way of the media cooperation referred to in paragraph 1 to be published, advertising contracts and grants, the type of periodic medium, for exceptions from the obligation to publish, on the manner of publication and the procedures for controlling the notification obligation, is determined by federal law. A such federal law may also contain provisions on guidelines for content and design of paid publications of the entities referred to in paragraph 1 and the procedure to be followed in issuing the directives. For the Federal Administration, the Federal Government has to adopt the respective Provincial Government for State and local government more detailed guidelines with regard to content and design.

§ 2. This federal constitutional law enters into force on January 1, 2012. The Federal Government is entrusted with the execution of this federal constitutional law.

Article 2

Federal law on transparency of media cooperations as well as advertising jobs and promotions to media holders of a periodic medium (Medienkooperations - and promotions-transparency law, MedKF-TG)

Purpose

§ 1. This federal law is intended to support transparency in media cooperation, as well as the issuance of advertising contracts and the awarding of grants to media holders of a periodic print work pursuant to section 1 para Z 5 of the Media Act - Media Act, Federal Law Gazette No. 314/1981, or periodic electronic media in accordance with § 1 Z 5a MedienG.

Notification duty for orders

§ 2 (1) for the purpose referred to in paragraph 1 which have article 126b para 1, 2 and 3, article 126c, article 127 paragraphs 1, 3 and 4, article 127a para. 1, 3, 4 and 9, article 127b para. 1 of the Federal Constitution Act B-VG, Federal Law Gazette No. 1 / 1930, stated, as well as other law of the Court of Auditors control subjected legal entity for all either directly or through the intermediary of third parties granted orders 1 of (audio-visual) commercial communications in accordance with § 1a No. 6 of the ORF law ORF-G , BGBl. I no. 83/2001, § 2 No. 2 of the audiovisual media services law AMD-G, BGBl. I no 84/2001, and advertising and sponsorship in accordance with § 19 para 1 and 5 of the private radio Act - PrR-G, BGBl. I no. 20 / 2001, as well as contributions in the service of the public on sale content of the ORF (§ 14 para 9 ORF-G) or in radio programs after the PrR-G or in audiovisual media services according to the AMD-G and 2. chargeable publications in accordance with section 26 MedienG media holder of a periodic print work or else media owner to announce a periodic electronic media the names of the respective periodic medium, in which - with the exception of cases of ABS 4 releases were made, and the total height of the fee to be paid within the publications took place within a quarter (Nos. 1 and 2) in accordance with the following provisions. For the periodic printing works collected after no. 2 the disclosure obligation refers to the periodic printing also paid publications in the attached supplements or special title.

(2) section 1 does not apply to orders, the purpose of which is compliance with a federal or landesgesetzlich regulated or otherwise administrative authorities or court ordered publication obligation or the purpose of the publication of vacancies, tenders and with this similar announcements of limited public interest.

(3) the notification of the client, the name of the periodical media and the total amount of the paid fee for publications in the respective periodic medium has be carried out by the debtor to do so electronically through a Web interface (Web interface) to the KommAustria. The announcement has calculated quarterly each period of two weeks from the end of the quarter to be. The publication of these data by KommAustria is determined according to § 3 para 3.

(4) have been performed for a legal entity not contracts within the meaning of paragraph 1 in the relevant quarter or the total rate of pay of the jobs carried out by an owner of a periodic medium is not more than 5000 Euro in the respective quarter, this is through the Web interface (para. 3) within the period referred to in paragraph 3 to announce separately. The disclosure of this information by KommAustria depends on section 3 para 3.

(5) the advance fee is to specify as net remuneration. Exchange or barter-like shops is the common value to specify. The time of performance is decisive for the disclosure obligation.

Procedures and details of the publication

§ 3 (1) each up to April 30, July 31, October 31 and January 31st has to expel the KommAustria based on the announcements made pursuant to § 2 para 3 and 4 in color clearly distinguishable manner on the website of the KommAustria in two sections which entities have timely met the announcement requirement relating to them or have not complied with.

(2) if within the time limit referred to in § 2 para 3 a legal entity not made an announcement about orders or prompted an announcement that no disclosure obligation, is to set a period of grace of four weeks concerned legal entity by KommAustria.

(3) a publication of the reported data or a message that there is no disclosure obligation of the legal entity on the basis of the total amount of the paid fee, in the presence of all announcements, for the relevant quarter, has to be done at the latest but on the 15 March, 15 June, 15 September and 15 December for the quarter each going ahead these days.

(4) in the case of the publication pursuant to paragraph 3, a breakdown in terms of the customer shall be effected. Disclosure obligations that the Federal, a breakdown in addition has to be after the effect areas of the individual ministries.

(5) by a corresponding separation in the wake of the publication to take care is for a clear distinctness between the announcements according to § 2 and the announcements according to § 4. Without prejudice to other statutory publication requirements.

(6) the data published in a calendar year are to delete each two years after their first publication from the site by KommAustria. A legal entity determines that the data relating to him are inaccurate, he immediately inform this KommAustria in electronic form. KommAustria has, where appropriate, to make the correction.

Content requirements


section 3a. (1) audiovisual communication and supply publications in article 126b paragraphs 1 and 3, article 126c, article 127 section 1 and 4, and article 127a paragraphs 1 and 4 of the Federal Constitution Act B-VG, Federal Law Gazette No. 1/1930, listed entities have to serve, that is a content related to the scope of the respective legal entity only cover a specific need for information of the general public. These include in particular information about the legal situation and to act or behavior recommendations and factual information. Audiovisual communication or supply publications that have no specific relation to meet a need for information and exclusively or partially only for the marketing of the activity of the legal entity, is not permitted.

(2) establishing closer the principles referred to in paragraph 1, the Federal Government in consultation with the Policy Committee of the National Council and the respective Provincial Government has guidelines on the contents design of audiovisual commercial communication and paid publications (§ 2 Nos. 1 and 2) to enact. The Federal Government and the respective Provincial Government have to listen to a recognised facility for self-regulation in the field of commercial communications in media before enactment. The respective policies have qualifiers to include: 1 ensuring the unique distinctness of editorial contributions, 2. the formal and substantive criteria for the determination of a reference to the activity of a legal entity such as particular requirements in the reference to past, present or future currently activity, 3. positive and negative demarcation criteria for assessing to what extent the mediated information it is a contribution to cover the need for information , by providing factual information, which the general public or just a group of people that is identifiable on the basis of general criteria to gain a certain advantage, by is pointed in particular to a charitable offer, or behaviors are encouraged, compliance with which is to benefit the public or the person categories described in any way directly or indirectly to the benefit.

(3) paragraphs 1 and 2, see the article 126b of paragraph 2, article 127 (3) and article 127a para 3 B-VG listed, as well as other legal entity subjected by law of the Court of Auditors control application, the widely prevalent services for the management of the Federal Government, countries, municipalities or municipal associations provide.

(4) the bodies referred to in article 126 (b) para 1 and 2, art. 126c, article 127 para 1 and 3 and article 127a para 1 and 3 B-VG, it is forbidden to point out 19 B-VG in audiovisual commercial communication or pecuniary interest publications on Supreme bodies within the meaning of article.

Notification obligation and release of funding and program fee

4. (1) in addition to the notification obligations pursuant to section 2 para 1 the therein entities for funding granted to media holders of a periodic medium 1 from the funds referred to in section 29 and section 30 of the KommAustria Act - KOG, BGBl. have I no. 32/2001, 2 after the press promotion Act 2004 - PresseFG 2004, Federal Law Gazette I no. 136/2003, 3. According to section II of the journalism subsidies Act of 1984 - Afpemi, Federal Law Gazette No. 369/1984 , and 4 with the support measures listed in no. 1 to 3 are comparable in this respect in terms of content as in particular the substantive design, production or dissemination of periodic pressure plant or the content and broadcasting or accessibility of a periodic electronic medium be encouraged to announce the support recipient's name and the total amount of subsidies granted each within a quarter. The commitment of support, taking into account not subsequent amendments shall be decisive. Article 2 par. 3 and 4, and article 3 are to be applied mutatis mutandis.

(2) have been awarded by a legal entity no promotions in the sense of paragraph 1 in the relevant period or the total amount of funding in a media owner is not more than 5 000 euros in the same quarter, this is in the way of the Web interface (§ 2 para 3) to announce separately.

(3) in a further category is announced by the ORF, the height of within the respective quarter zugekommenen the ORF programme fees (article 31, paragraph 1 ORF-G) as well as the compensation according to § 31 para 11 ORF-G to publish.

Report on the application of the provisions on the duty of disclosure

Section 4a. KommAustria has KOG to report planned activity report on the application of paragraphs 2, 3 and 4 in the section 19 para 2.

Administrative penalty

5. (1) unused who does not fulfil date referred to his announcement obligation according to § 2 or § 4 to the article 2 par. 3 and also the period of grace referred to in § 3 par. 2 misses, commits an administrative offence and is fined up to 20,000 euros, to punish up to 60 000 euros in case of recurrence with a fine.

(2) Furthermore commits an administrative offence and is up to 20 000 euro fine to punish up to 60 000 euro, who prompted an announcement which incompleteness or incorrectness is obvious or established by KommAustria on the occasion of an announcement of the Court of Auditors in the course of management control of a legal entity in case of recurrence with a fine.

References

§ 6. As far as other federal laws is referenced in this federal law provisions, these are to apply in their respectively valid version.

Entry into force and transitional provisions

7. (1) this federal law enters into force on July 1, 2012 and finds application that occurred after its entry into force on the facts.

(2) for orders pursuant to section 2 para 1, which already issued before the entry into force of this federal law, but also a paid publication after the entry into force of this federal law to perpetuating or (audiovisual) commercial communications include the further in § 2 regulated announcement for that quarter, the publication, broadcast or distribution takes place in the obligation.

Enforcement

§ 8. The Federal Chancellor is entrusted with the execution of this Federal Act.

Article 3

Amendment to the KommAustria Act

The KommAustria Act, Federal Law Gazette I no. 32/2001, as last amended by Federal Law Gazette I no. 111/2010, is amended as follows:

1 § 1 the following paragraph 3 is added:

"The enforcement of the notification obligation of media cooperations, advertising jobs and promotions is (3) the KommAustria finally according to bundesgesetzlicher rules."

2. in article 2, paragraph 1, the point will be replaced at the end of the Z 11 by a comma; following Z 12 shall be added: "the 12 tasks after the MedKF-TG, Federal Law Gazette I no. 125/2011."

2A. in article 12 the word and string does not apply in paragraph 1 ", including their composition," and the following sentence is added in paragraph 2:

"The allocation of business can be modified for good cause."

2B. In § 13 para 4 No. 1 lit. a the semicolon is replaced by a comma and following phrase is added after this:

"as well as procurement of Office due;"

2 c. in article 13 para 4 Z to 2 lit. following d lit. e added: "e. grant from the Fund in accordance with section 33."

3. § 13 para 4 is appended following no. 3: "3. the tasks after the MedKF TG."

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

5. in article 18, para. 3, no. 1 is inserted after the phrase "in the media" the phrase "and in terms of the perception of tasks after the MedKF-TG".

6. in article 35, paragraph 1, the number "1 211 550" by the number "1 433 500" will be replaced.

6a. in article 19, para. 3 of the point is replaced at the end of the Z 6 with a semicolon; following no. 7 is added: "7 on the completion of the MedKF-TG."

7. in section 44 which receives by the Federal Act Federal Law Gazette I no. 102 / 2011 inserted "section 15" the designation "Section 16"; 17 the following paragraph is added:

"(17) section 12 para 1, § 13 para 4 Z 1 and 2, section 35 and section 45 subsection 11 in the version of Federal Law Gazette I no. 125/2011 1 January 2012 into force." "To take up the business of KommAustria in Affairs of the Medienkooperations - and promotions-transparency Act (MedKF-TG) necessary organizational and personnel measures can already be taken before entry into force of the regulations of the MedKF-TG."

8 § 45 11 the following paragraph is added:

"An additional fee in the amount of 70 000 euros from funds from the federal budget is the RTR-GmbH in the calendar year (11) by way of derogation from article 35, paragraph 1 2012 by 30 January to transfer."

Fischer

Faymann