Name of law Law amending and supplementing the law on radio and television bill name WALL of the law on radio and television reception Number 24/03/2011 date/year Official Gazette 28/2011 Decree No 63

On the grounds of art. 98, paragraph 4 of the Constitution of the Republic of Bulgaria

I DECLARE:

To be published in the Official Gazette the law amending and supplementing the law on radio and television, passed by the National Assembly of the HLI 24 March 2011.

Issued in Sofia on 30 March 2011.

The President of the Republic: Georgi Parvanov

Stamped with the State seal.

Minister of Justice: Margarita Popova

LAW

to amend the law on radio and television (official SG. 138 of 1998; Decision of the Constitutional Court No. 10 of 1999 – No. 60 of 1999; amend., SG. 81 (1999), 79/2000, no. 96 and 112 of 2001 No. 77 and 120 of 2002, no. 99 and 114 from 2003. , PC. 99 and 115 of 2004, PCs. 88, 93 and 105 by 2005, issue. 21, 34, 70, 80, 105 and 108, 2006, issue. 10, 41, 53, and 113 in 2007, PCs. 110. Since 2008, PCs. 14, 37, 42 and 99 from 2009 and PCs. 12, 47, 97, 99 and 101 of 2010.)

§ 1. In art. 17, al. 2, the words "or are aimed at damaging the physical, mental and moral development of children" shall be replaced by the words "or of the shows, which are unfavourable or create a risk of damage to physical, mental, moral and/or social development of children, in accordance with the criteria of art. 32, para. 5. "

§ 2. Art is created. 17A:

"Art. 17. Media service providers are obliged to respect the rights of children provided for in the law for the protection of the child and in other legal acts, and to prevent the participation of children in programmes which are unfavourable or create a risk of damage to physical, mental, moral and/or social development of children, in accordance with the criteria adopted by the procedure of art. 32, para. 5. "

§ 3. In art. 32 make the following amendments and additions:

1. In paragraph 8. 1 item is created:

"12A. adopts decisions on shows that are created and made available for distribution in violation of the requirements of art. 17, al. 2 on children, article. 17A, the agreement referred to in para. 6 and the criteria of para. 5, setting a deadline for the Elimination of the infringements found does not longer than three days; ".

2. a new paragraph. 4:

"(4) the failure of the decision on para. 1, 12 and the President of the Council for electronic media shall issue an injunction under art. 117, para. 3, item 3. "

3. a new paragraph. 5:

"(5) the Council for electronic media and the State Agency for child protection are developing criteria for evaluating the content that is adverse or creates risk of damage to physical, mental, moral and/or social development of children, in accordance with which the agreement is accepted under para. 6. the criteria shall be adopted, amended by the Council for electronic media, in coordination with the State Agency for child protection. "

4. The current paragraph. 4 it al. 6 and shall be amended as follows:

"(6) the Council for electronic media, the media service providers and the State Agency for child protection awarded annually by 31 March agreement to protect children from content that is adverse or creates risk of damage to their physical, mental, moral and/or social development. The agreement will be published on the Internet pages of the Council for electronic media and the State Agency for child protection. "

5. The current paragraph. 5 it al. 7.

§ 4. In art. 33, item 2 Add "and art. 17 (a), as well as the criteria of art. 32, para. 5 and the agreement under art. 32, para. 6. "

§ 5. In art. 38, para. 2, after the words "art. 30, para. 2, item 2 and 3 ' shall be added "and in art. 32, para. 1, item 12.

§ 6. In art. 76 Al is created. 3:

"(3) media service providers developed as part of the ethical code at para. 1 rules for the application of the criteria adopted by the procedure of art. 32, para. 5. "

§ 7. In art. 126 following amendments and supplements shall be made: 1. In para. 1 the words "art. 19, para. 1 ' shall be deleted, the words "article. 75, para. 1 and al. 3 – 9 "shall be replaced by" art. 75, para. 1, al. 3 – 6 and para. 8 "and the words" art. 77-79 ' is replaced by ' art. 78, art. 79. "

2. Al are created. 4, 5 and 6:

"(4) For violations of the provisions of art. 17, al. 2 on children, article. 17 a, art. 19, para. 1, art. 75, para. 7 and 9 and art. 77 of media service providers impose penalty payment in the amount of 15 000 to 30 000 LEVs.

(5) in the event of a decision under art. 32, para. 1, item 12A of media service providers impose penalty payment in the amount of 15 000 to 30 000 LEVs.

(6) in the event of a repeated offence under subsection. 4 and 5 the proprietary sanction was double the size. "

Transitional and final provisions

§ 8. (1) the criteria under art. 32, para. 5 develop and adopt, within 5 months of the entry into force of this law.

(2) the agreement referred to in art. 32, para. 6 for the year 2011 shall be delivered within two months of the adoption of the criteria under para. 1.

§ 9. In the law on child protection (Official Gazette No. 48 of 2000; amend., SG. 75 and 120 of 2002, no. 36 and 63 from 2003, no. 70 and 115 of 2004, no. 28, 94 and 103 by 2005, issue 30, 38 and 82 of 2006, no. 59 of 2007 No. 69 since 2008. , PC. 14, 47 and 74 from 2009 and PCs. 42, 50, 59 and 98 of 2010.) make the following changes and additions:

1. In art. 8 create al. 10: "(10) Parents, guardians, custodians or other persons who cared for a child are required to prevent the participation of children in programmes within the meaning of the law on radio and television, which are unfavourable or create a risk of damage to their physical, mental, moral and/or social development."

2. In art. 25, para. 1 creating a t. 6:

"6. the parents, guardians or custodians have consented and refuse to cease his participation in transmission within the meaning of the law on radio and television and this creates danger to his physical, mental, moral and social development."

3. In art. 45:


(a)) paragraph 12 shall be replaced by the following: "(12) which is in contravention of the provisions of art. 11 and disseminate information and data on the personality of the child, is punishable by a fine of 1000 to 3000 EUR, respectively with a proprietary sanction from 5000 to 3000 BGN, and for repeated infringement – a fine of 3000 to 5000 EUR, respectively with a proprietary sanction from 5000 to 10 000 LEVs, unless subject to a more severe administrative penalty by special law or Act does not constitute an offence. ";

(b)) is hereby set up al. 15: "(15) the Parent, guardian, custodian or other person who takes care of a child in violation of art. 8, al. 10 allow the participation of the child in transmission within the meaning of the law on radio and television and with this create a danger to his physical, mental, moral and/or social development, is punishable by a fine of 1000 to 2000 BGN, and for repeated infringement – with a fine from 2000 to 5000 LEVs, unless subject to a more severe administrative penalty by special law or Act does not constitute a crime. "

4. In art. 46, para. 2 the words "art. 45, para. 5, 6, 8, 10, 11, 12 and 14 "are replaced by" article. 45, para. 5, 6, 8, 10, 11, 12, 14 and 15.

The law was adopted by 41-Otto National Assembly on 24 March 2011 and is stamped with the official seal of the National Assembly.

President of the National Assembly Tsetska Tsacheva:

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