The Audiovisual Media Services On Demand

Original Language Title: o audiovizuálních mediálních službách na vyžádání

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Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=70994&nr=132~2F2010~20Sb.&ft=txt

132/2010 Sb.



LAW



of 13 October. April 2010



the audiovisual media services on demand and on amendments to certain

laws (the law on audiovisual media services on request)



Change: 302/Sb.



Change: 142/2009 Sb.



Parliament has passed the following Act of the United States:



PART THE FIRST



ON-DEMAND AUDIOVISUAL MEDIA SERVICES



§ 1



The subject of the edit



This law incorporates the relevant provisions of the European Union "^ 1") and modifies the

conditions for the provision of audiovisual media services on demand.



§ 2



Basic concepts



(1) for the purposes of this Act, means the



and) on-demand audiovisual media service information service

the company ^ 2), which has editorial responsibility for the provider

on-demand audiovisual media services, and whose main objective is

provision of programmes in order to inform the public, entertainment or

education, and that allows the viewing of programmes at the moment chosen

by the user and at his individual request on the basis of a catalogue of programmes

established provider of on-demand audiovisual media services

(hereinafter referred to as the "catalog"),



(b) moving image sequence of events) with sound or no sound, that

represents an individual item in the catalog shows, and whose form and

the contents are comparable to the form and content of television broadcasting,

in particular, the feature film, the record sporting events, sitcoms,

a documentary, a show for children, or the original tv game,



(c) editorial responsibility performance) of decisive influence on the selection of the programmes and

their arrangement in the catalogue of programmes,



d) provider of on-demand audiovisual media services business

natural or legal person that determines how an organization

on-demand audiovisual media services, and has editorial for this service

responsibility,



e) audiovisual commercial communication sound or image sequences

without the sound, which is intended for the direct or indirect promotion of the goods or

the services of the person engaged in economic activities, where appropriate, its image

in public, and that accompanies the show, or the show is included

payment or for similar consideration or for the purposes of self promotion;

audiovisual commercial communications may in particular take the form of ad ^ 3),

sponsoring or product placement,



(f) audiovisual commercial communication) the hidden word or image

of goods, services, the name, or the name, the trade mark or

the activities of a producer of goods or a provider of services in programmes when

provider of on-demand audiovisual media services shall intentionally

such a presentation with advertising and might the public in

a mistake about the nature of this presentation; the presentation shall be considered an intentional

in particular, if it is done in return for payment or for similar consideration,



g) sponsorship of any post by natural or legal persons,

that does not provide on-demand audiovisual media services,

We do not run a television broadcast or produce audiovisual works,

provided by the direct or indirect financing of the audiovisual media

on-demand services or programmes with a view to promoting its name,

trademark, products, services, activities or the image,



h) put the product means any form of audiovisual commercial

the communication, which consists in the inclusion of a product, service, trademarks,

that a product or service attaches, or mention of a product or service

the programme in return for payment or for similar consideration.



(2) on-demand audiovisual media service does not constitute



and that does not have) the nature of the activity in particular economic or

not in competition with television broadcasting,



(b)) a service that is not intended for the reception of the public,



c) service, whose main purpose is the provision of programmes, or



d) service that can not receive, directly or indirectly, in any public

Member State of the European Union through the device, a technically

eligible to individually optional reproduction of audiovisual media

on-demand services, which is available in the business network.



§ 3



The scope of the law



(1) this Act applies to the provider of audiovisual media

on-demand services, which is in the Czech Republic is established in accordance with paragraph 2,

or covered by paragraph 3.



(2) the provider of on-demand audiovisual media services shall be deemed to

as established in the Czech Republic,



and registered office) or place of business in the Czech Republic and a decision on the

the selection of shows and their arrangement in the catalogue of programmes (hereinafter referred to as "editorial

the decision ") in the Czech Republic,



(b) where the registered office has) or place of business in the Czech Republic, but the editorial

decisions shall be taken in another Member State of the European Union, if the



1. a substantial part of its staff to ensure the provision of

on-demand audiovisual media services in the Czech Republic,



2. a substantial part of its staff to ensure the provision of

on-demand audiovisual media services operate both in the Czech Republic,

so in that other Member State of the European Union, or



3. a substantial part of its staff to ensure the provision of

on-demand audiovisual media services does not act in the Czech Republic

even in that other Member State of the European Union, provided that the

the provision of on-demand audiovisual media services launched for the first time in

The Czech Republic by the Czech legal order and maintains a permanent and

effective participation in the economic life in the Czech Republic, or



(c) if the head office) or place of business in the Czech Republic, however, the decision

about on-demand audiovisual media services in the State which receives the

not a Member State of the European Union or vice versa, provided that the

substantial part of its workers providing providing audiovisual

on-demand media services in the Czech Republic.



(3) If a provider of on-demand audiovisual media services

be considered to be established in the Czech Republic in accordance with paragraph 2, or it cannot be

be considered to be established in another Member State of the European Union, this

the law applies to him, if the provision of audiovisual media

on-demand services uses



and) transmission equipment to the ascending signal to the satellite which is located

in the Czech Republic, or



b) satellite capacity granted to the Czech Republic, if it does not use

upward signal transmission equipment to the satellite, which is located in

The Czech Republic or in a Member State of the European Union.



(4) the provider of on-demand audiovisual media services, which

cannot be regarded as established in the Czech Republic in accordance with paragraph 2, or

cannot be considered established in another Member State of the European Union, and

that does not meet in the Czech Republic or in a Member State of the European

the Union of any of the conditions referred to in paragraph 3, this Act applies only

then, if it be regarded as established in the Czech Republic according to the Treaty

establishing the European Community ^ 4).



§ 4



The scope of the Council for radio and television broadcasting



(1) the administrative authority competent to exercise supervision over compliance with this

the law is the Council for radio and television (hereinafter referred to as "the Council").



(2) the Council



and) keeps records of providers of audiovisual media services on the

request,



b) stores the penalties under this Act,



(c)) to monitor the content of on-demand audiovisual media services,



d) in the case of cross-border cooperation carried out surveillance and proceed in doing so

According to the applicable legislation of the European Union directly ^ 5) g/l

covered by other legislation, which are reflected in Directive

referred to in point 4 of the annex to this regulation, directly applicable

The European Community,



e) cooperates with the European Union institutions and with the regulatory authorities of the Member

States of the European Union with a similar factual competence, in particular when passing

and the acquisition of data and information provided by law, the decisions of the

issued on the basis of law or legal acts of the European Union and fulfil the

additional tasks for the regulation of audiovisual media

on-demand services resulting from membership of the Czech Republic in the European

the Union,



f) cooperates in the regulation of audiovisual media services on the

request with the competent authorities of the States which are not Member States of the

Of the European Union.



§ 5



Registration of providers of on-demand audiovisual media services



(1) the provider of on-demand audiovisual media services shall be obliged to

deliver to the Council within 30 days from the date of a trade licence in writing

the notice, which must include:



and) name of the on-demand audiovisual media services,



b) data, which is a provider of audiovisual media services on the

recipients of the service upon request, be required to allow access under section 6 (1). 1

(a). and) and (b)),



(c) the indication of the registration) in the commercial register or other similar records,

including the file tags, if assigned,



d) identification of the electronic communications network through which

will be provided to on-demand audiovisual media service, and information


on access to on-demand audiovisual media services, in particular

the Internet address, and



(e)) the provision of the opening day of on-demand audiovisual media services.



(2) if the notification of the details specified in paragraph 1, the Council, the full person

which made him, without delay, to supplement the notification within 30 days

from the date of receipt of the request; If the person fails to do so, it is not called upon registration

the obligation is fulfilled.



(3) the Council writes the data provided for in paragraph 1 to the registration of providers

on-demand audiovisual media services within 30 days from the date of

service of the notice and at the same time it shall send to the person who has made the announcement,

a certificate of completion of the registration.



(4) the provider of on-demand audiovisual media services is

obliged to notify the Council in writing of the change of registered data, interruption or

their provision of on-demand audiovisual media services

no later than 30 days from the date of the change of registered particulars or to

suspension or termination of the provision of this service. The Council writes that

the fact in the register of providers of audiovisual media services

on request, within 30 days from the date of receipt of the notification under the first sentence, or

from the day when such a fact otherwise.



(5) the provision of on-demand audiovisual media services

commenced within 1 year from the date of registration in the register of providers of

on-demand audiovisual media services, or if it was broken

for a period of longer than 1 year, the provision of audiovisual media

on-demand services was terminated on the last day of that period. The Council of the

writes this fact in the register of providers of audiovisual

on-demand media services and inform the provider

on-demand audiovisual media services.



(6) every person has the right to inspect the register of providers of audiovisual

on-demand media services and make extracts or copies of it.



(7) the Council shall publish the information referred to in paragraph 1 (b). a) and b) way

allowing remote access.



§ 6



Obligations of the providers of audiovisual media services on demand



(1) the provider of on-demand audiovisual media services shall be obliged to

to allow the recipients of the service easily, directly and permanently accessible to at least



and basic data about the provider) audiovisual media services on the

demand, which is the name or the name and identification number, if

granted, registered address in the case of a legal person or resident in

the case of natural persons and foreign persons also address of the holding or

branches on the territory of the United States, if they have been established,



(b)) data, which allow a quick, direct and efficient contact with the

provider of on-demand audiovisual media services, in particular to

the postal address for service, telephone number, or address

for the delivery of electronic mail, and



c) information about the fact that the supervisory authority of providing audiovisual

on-demand media services is the Council.



(2) the provider of on-demand audiovisual media services shall be obliged to

to ensure that on-demand audiovisual media service did not include

the communication deliberately processed so as to have an impact on the subconscious physical

person, without that person consciously perceived, and to which do not lead to

hatred on grounds of sex, race, colour, language, faith and

religion, political or other opinion, national or

social origin, membership of a national or ethnic minority,

property, birth or other status.



(3) the provider of on-demand audiovisual media services shall be obliged to

to ensure that on-demand audiovisual media service, the content of which

can seriously impair the physical, mental or moral development of children and

young people in particular, that contains pornography and gross purposeless

the violence was only available to children and young people should not normally

the possibility of the contents of that on-demand audiovisual media services, or

to hear.



(4) the provider of on-demand audiovisual media services shall be obliged to

where appropriate, provide to the show open subtitles or hidden

subtitles ^ 6) or interpreting into Czech sign language ^ 7) for persons with

hearing impaired and audio track designed for people with vision

disabilities, if available, or otherwise to ensure that some

programmes provided by the on-demand audiovisual media services

were accessible to persons with hearing disabilities and people with Visual

disabilities.



(5) the provider of on-demand audiovisual media services shall be obliged to

ensure that adequate technical quality of stored records

all programmes and audiovisual commercial communications, which shows

accompanied by or has been included in the programmes and in the context of the audiovisual

on-demand media services distributed, at least for a period of 30 days from the date of

termination of the show, or for a period of 30 days from the date of their dissemination

audiovisual commercial communication, and at the written invitation is to rent

The Council; provider of on-demand audiovisual media services has to

The Council the right to reimbursement of the necessary costs associated with records

programmes and audiovisual commercial communications.



(6) if the proceedings against the public authorities relating to the

a specific programme or audiovisual commercial communication,

provider of on-demand audiovisual media services shall at

a written challenge of the competent public authority keep a record of the show

or audiovisual commercial communication in the form in which they were

granted, and in the proper technical quality until the final

the decision in the case.



(7) the provider of on-demand audiovisual media services shall be obliged to

on written request provide to the Council the observations and the information necessary to

the exercise of its jurisdiction under section 4 (4). 2 (a). d) to (f)) and § 15.



§ 7



Promotion of European works



(1) the provider of on-demand audiovisual media services shall be obliged to

where practicable, reserve for European works ^ 8) at least 10% of the

out of the total number of shows in the catalogue of programmes offered their services for

the reference period. The total number of programmes, from which the market share

of European works, will not count towards news programmes, records

sporting events and contest shows.



(2) the obligation referred to in paragraph 1 shall be deemed to be fulfilled if the

provider of on-demand audiovisual media services at least 1%

of the total revenue from this service in the reference period for the



and the creation of European works), or



(b)) for the acquisition of rights to the use of European works by

on-demand audiovisual media services.



(3) the provider of on-demand audiovisual media services shall be obliged to

within 30 days from the date of expiry of the period considered, submit to the Council a report on the

how compliance with the obligation referred to in paragraph 1 or 2 in the reference period,

marks the selected method in the promotion of European works and shall indicate the specific

details of compliance with the obligations referred to in paragraph 1 or 2.



(4) the reference period for the purposes of paragraphs 1 to 3 shall mean calendar

year.



§ 8



Obligations of the providers of audiovisual media services on demand

relating to audiovisual commercial communications



(1) the provider of on-demand audiovisual media services shall be obliged to

ensure that audiovisual commercial communications contained within it

provided by on-demand audiovisual media services



and) was easily recognizable,



(b)) do not undermine human dignity,



(c)) did not contain or promote discrimination on grounds of sex, race,

skin colour, language, faith and religion, political or other

opinion, national or social origin, membership of a national

or ethnic minority, property, birth, disability, age,

sexual orientation or other status,



(d)) did not support behavior endangering the health or safety of,



(e)) did not support behavior seriously threatening the environment.



(2) prohibit the



and) Surreptitious audiovisual commercial communication,



b) audiovisual commercial communications for cigarettes and other

tobacco products,



c) audiovisual commercial communications relating to the medicinal products or

therapies that are available only in the Czech Republic on

medical prescription.



(3) audiovisual commercial communications for alcoholic beverages

It may not be aimed at minors and may not encourage

immoderate consumption of such beverages.



(4) audiovisual commercial communications shall not physically or morally

endanger children and young people by



and) directly encourage minors to buy or hire a

a product or service using their inexperience or credulity,



(b)) directly encourage minors to convince their parents or

another person to buy goods or services,



(c)) use the special trust of children and adolescents to their parents,

teachers or other persons, or



d) unreasonably show minors in dangerous situations.



§ 9



Obligations of the providers of audiovisual media services on demand

in connection with the audiovisual media services promoted on the


request and shows



(1) on-demand audiovisual media services and programmes which are

sponsored shall meet the following requirements:



and their content) must not be affected in a manner which could be

without prejudice to the responsibility and editorial independence of the audiovisual providers

the on-demand media services



(b)) shall not directly encourage the purchase or rental of goods or services,

in particular, a special zmiňováním of goods or services for the purpose of promotion.



(2) on-demand audiovisual media services and programmes may not be

sponsored by persons whose principal activity is the manufacture or

the sale of cigarettes or other tobacco products.



(3) the sponsorship of audiovisual media services on demand and

shows persons whose business activity includes the production of or

distribution of medicinal products and medical treatment may promote the

the name or the name of the sponsor or its image to the public, but cannot be

promoting medicinal products or medical procedures bound in the Czech

Republic with a prescription.



(4) the provider of on-demand audiovisual media services shall be obliged to

to each wholly or partly sponsored the show always at the beginning and later in

during or at the end of a distinctly mark name or name, video

symbol (logo), or any other symbol of the sponsor, which means, in particular,

reference to its products, services, or to their distinctive character.

If sponsored by an on-demand audiovisual media service, is

This service provider is required to notify in the catalog menu

shows the existence of a sponsorship contribution, indicate the name or the name of the

sponsor and indicate the main subject of its activities; the notice must be in the

under menu catalog shows clearly referred to at least for a period of 30 days.



(5) the Sponsor cannot be news and current affairs programmes.



§ 10



Obligations of the providers of audiovisual media services on demand

When placing the product



(1) product placement in programmes is only permissible



and in cinematographic works), in movies and television shows created for

on-demand audiovisual media services, or for television broadcasting,

in sports and entertainment, and under the condition that it is not a

programmes for children, or



(b)) in cases where no payment is made, but only for free

provides certain goods or services, in particular the props or prizes for the

contestants with a view to their use in the program.



(2) Programmes containing product placement shall meet the following requirements:



and their content) must not be affected so that prejudice to the editorial

responsibility and independence of the audiovisual media service provider

on demand,



(b)) shall not directly encourage the purchase or rental of goods or services,

in particular, a special zmiňováním of the goods or services for the purpose of their

promotion, and



(c)) shall not unduly emphasize placed product.



(3) Programmes containing product placement must be at the beginning, at the end of

and in the case of interruption of the advertisement also clearly after this interruption

marked as shows containing product placement viewers could not

be in any way misled about the nature of these programmes. The obligation to

in the first sentence shall not apply to the shows that were not made by or for which the

the production did not specify himself on the audiovisual media service provider

request or a person who is in relation to the providers of audiovisual

on-demand media services in the position of the person controlling or controlled by the

under another law ^ 9).



(4) programmes may not contain product placement, if it is a



a) cigarettes or other tobacco products, or product placement people,

whose principal activity is the manufacture or sale of cigarettes or

other tobacco products, or



b) medicinal products or medical treatments, which are in the Czech Republic

available only on prescription.



§ 11



Measures to remedy the



(1) If a provider of on-demand audiovisual media services

violates the obligations established by this Act, notify the Council on

violation of this law and set a time limit to remedy.



(2) the length of time limits to remedy pursuant to paragraph 1 shall be proportionate to

the nature of the broken obligations.



(3) if there is a remedy within the prescribed period, the Council will not institute proceedings for

the administrative tort.



(4) the provisions of paragraphs 1 to 3 shall not apply if service provider breaches

on-demand audiovisual media services particularly seriously

one of the obligations referred to in section 6 (1). 2 and 3 and section 8.



§ 12



Administrative offences



(1) the provider of on-demand audiovisual media services commits

the administrative offense by



and fails to comply with the notification requirement) § 5 para. 1 or 2 or pursuant to §

19 para. 1,



(b) fails to comply with any of the requirements) according to § 5 para. 4,



(c) fails to comply with any of the requirements), pursuant to section 6 (1). 1, 4, 5, 6 or 7,



(d) fails to comply with any of the requirements), pursuant to section 6 (1). 2 or 3,



e) fail to comply with any of the requirements pursuant to § 7 para. 1, 2 or 3,



(f) fails to comply with any of the requirements), pursuant to section 8 (2). 1, 2, 3 or 4,



g) fail to fulfil one of the obligations referred to in § 9 para. 1, 2, 3, 4, or 5,



(h) fails to meet any of the requirements) in accordance with § 10.



(2) an administrative offence referred to in paragraph 1 (b). a), b), c), (e)), g) or (h))

1 000 000 is imposed to the administrative offence referred to in paragraph 1

(a). d) or (f) a fine of up to $ 2 000 000).



section 13 of the



Common provisions on administrative offences



(1) administrative offences under this law dealt with by the Council.



(2) a legal person for an administrative offence is not liable if he proves that

made every effort, that it was possible to require that the infringement of the

a legal obligation is prevented.



(3) in determining the amount of the fine on a legal person, the Council shall take into account the seriousness of the

the administrative offense, in particular, the manner in which it was committed to its consequences and

the circumstances under which it was committed, and the opinion of the competent

a self-regulatory authority indicated in the list of cooperating

self-regulatory bodies ^ 10) received this opinion in writing within 10

working days from the date of the initiation of an administrative offense.



(4) the liability of a legal person for an administrative offense shall cease, if the

administrative authority about him will not institute proceedings within 1 year from the date on which it

learned, but not later than within 3 years from the date on which it was committed.



(5) The liability for the acts, which took place in the business

person ^ 11) or in direct connection with the applicable provisions of the Act

on the liability of legal persons and sanctions.



(6) bringing an action against a decision imposing a fine shall have suspensive effect.



§ 14



The Council, in the case of a finding of an infringement within the European Union

According to the applicable legislation of the European Union directly ^ 12)

provider of on-demand audiovisual media services on

the territory of the European Union or in another State, representing the European economic

space and which harms or may harm the common interest

consumers ^ 13) by a decision of such conduct.



Common and transitional provisions



§ 15



The Ministry of culture may be sought from the Council the information required for the purposes of

the fulfilment of the commitments for the Czech Republic resulting from international

contracts, where appropriate, of its membership in international organizations. The Council of the

the following information is required to provide to the Ministry of culture.



section 16 of the



Unless otherwise provided in this Act, it shall proceed according to the code of administrative procedure, with the

exception of the provisions concerning appeal proceedings, the proceedings on the decomposition of

review and renewal of the proceedings.



§ 17



Unless otherwise provided in this Act, the procedure in the regulation of advertising and

sponsoring according to law No. 40/1995 Coll., on regulation of advertising and amending

and supplementing Act No. 468/1991 Coll., on radio and

of television broadcasting activities, as amended, as amended

regulations.



section 18



Unless otherwise provided in this Act, the rights and obligations shall remain unaffected

established under Act No. 480/2004 Coll., on some service information

the company and amending certain acts (the Act on certain services

the information society), as amended.



§ 18a



(1) the Council for the performance of the under this Act from the basic

the population register these reference data:



and) surname,



(b) the name or names),



(c) the address of the place of stay)



(d)) of the date, place and County of birth; for the data subject, who was born in

abroad, the date, place and the State where he was born,



(e)) of the date, place and County of death; in the case of the death of the data subject outside the territory

The United States, date of death, place and the State on whose territory the death

has occurred; If it is issued the Court's decision on the Declaration of death, day,

that is the decision, listed as the day of death or the day that did not survive, and

date of legal effect of this decision,



f) nationality, or more of State citizenship.



(2) the Council makes use of for the performance of the scope under this Act of the

the information system of the population register of the following particulars:



and the name or names), surname, maiden name,



(b)) date of birth,



c) gender,



d) place and County of birth, in the case of birth abroad instead of and the State



(e)), social security number,



f) nationality, or more of State citizenship,




g) address of residence, including previous address space

permanent residence address (if applicable), to which are to be delivered

documents under a special legal regulation,



h) origin of the residence, where appropriate, the cancellation date data on the place of

permanent residence or the date of their permanent residence in the territory of the United

Republic,



I) deprivation or restriction of legal capacity, the name or

name, last name and social security number of a guardian, if assigned,

the date, place and County of birth, and the guardian, who was born in

abroad, the place and the State where he was born,



(j)) of the date, place and County of death; in the case of the death of a citizen outside the United

Republic, date of death, place and the State on whose territory the death occurred,



k) day, who was in the Court decision on the Declaration of death listed

as the day of death, or as a day that did not survive.



(3) the Council makes use of for the performance of the scope under this Act of the

information system for foreigners the following information:



and) the name or name, last name,



(b)) date of birth,



(c) the social security number),



d) gender,



(e)) instead, and the State where the alien was born; in the case that the alien

He was born on the territory of the United States, place and County of birth,



f) nationality, or more of State citizenship,



(g)) the type and address of the place of residence on the territory of the Czech Republic,



(h) the beginning of the stay, if applicable) date of the termination of the stay,



I) deprivation or restriction of legal capacity,



(j)) of the date, place and County of death; in the case of deaths outside the United

the Republic, the State on whose territory the death occurred, or the date of death,



k) day, who was in the Court decision on the Declaration of death listed

as the day of death, or as a day that did not survive.



(4) the information specified in paragraphs 1 to 3 may be used in a particular case always

only such data which are necessary for the performance of the task. Data,

that are kept as reference data in the base the population register,

to make use of the information system of population register only if they are

in the shape of the previous status quo.



§ 19



(1) a legal and natural person who, on the date of entry into force of this

the law provides the service, and this service is the effective date of this

the law considers the on-demand audiovisual media service, is

required to the Council within 60 days from the date of entry into force of this Act, to deliver

notification to the data in the register of providers of audiovisual media

on-demand services pursuant to § 5 para. 1 and 2.



(2) the provisions of section 10 shall not apply to programmes produced by the end of the year

2009.



PART TWO



Amendment of the Act on radio and television broadcasting



section 20



Act No. 231/2001 Coll., on radio and television

broadcast and amending other laws, as amended by Act No. 309/2002 Coll.

Act No. 274/2003 Coll., Act No. 344/2004 Coll., Act No. 501/2004 Coll.

Act No. 626/2004 Coll., Act No. 82/2005 Coll., Act No. 127/2005 Coll.

Act No. 348/2005 Coll., Act No. 235/2006 Coll., Act No. 160/2007 Coll.

Act No. 296/2007 Coll., Act No. 304/2007 Coll., Act No. 124/2008 Coll.,

Act No. 384/2008 Coll., Act No. 41/2009 Coll., Act No. 196/2009 Coll., and

Act No. 227/2009 Coll., is amended as follows:



1. § 1, including title and footnote No 1 is added:



"§ 1



The subject of the edit



This law incorporates the relevant provisions of the European Union "^ 1") and modifies the

performance of State administration in the field of radio and television broadcasting.



1) Council Directive 89/552/EEC of 3 May 1989. October 1989 on the coordination of certain

laws, regulations and administrative provisions of the Member States concerning the pursuit of

the television broadcast.



European Parliament and Council Directive 97/36/EC of 30 March 2004. June 1997,

amending Council Directive 89/552/EEC on the coordination of certain provisions

and administrative provisions of the Member States concerning the pursuit of

the television broadcast.



European Parliament and Council Directive 2007/65/EC of 11 December 1997. December

2007 amending Council Directive 89/552/EEC on the coordination of certain

laws, regulations and administrative provisions of the Member States concerning the pursuit of

the television broadcast. ".



The existing footnote 1 to 1 c are referred to as comments below

line no. 1a to 1 d, including references to footnotes.



2. In article 2 (2). 1, letter a) is added:



"a) radio and tv provide programmes and other

parts of the broadcast that are arranged in the framework of the programme, including the services directly

associated with the program, the public broadcaster

through electronic communications networks "^ 1a) in the form of protected

conditional access or unprotected ^ 1b) for the purposes of simultaneous

monitoring programmes and other parts of the broadcast, ".



3. In article 2 (2). 1 (b). g), the words "is responsible for their content,"

replaced by the words "specifies how radio and television organisation

broadcast and posting this editorial responsibility ", the word" i "

replaced by the word "and" and the words "this program and services directly

related to the programme "shall be inserted after the word" initially ".



4. In article 2 (2). 1 at the end of the text of the letter j), the words ";

other parts of the broadcast means the audio, image, or

sound-image of part of the broadcast, which do not have the nature of the show and are

included among these are tv shows, or accompanied by, or

getting dropped, especially advertising, teleshopping, notification of an operator

broadcast on its own programmes and ancillary products

that are directly derived from those programmes, shows, sound

and video resources that States or separating the broadcast business

communication and other programmatic punctuation ".



5. In article 2 (2). 1 the letter l) is added:



"l) events in a radio broadcast that part of the broadcast content,

form and function form a closed unit or a broadcast program flow

elements and represents a separate item of the radio programme; events

in a television broadcast shall mean the moving image sequences with sound

or without sound, which in terms of content, form and function form a closed

all broadcasts and represents a separate entry in the tv

the program ".



6. In article 2 (2). 1 the letter m) is added:



"m) teletext service directly related to the programme, which is based in

broadcast text or graphics information in parallel with the transmission

the tv program, and this information can be invoked only on the

the screen of the television set, which is equipped with the appropriate

decoding device, ".



7. In article 2 (2). 1 (b). n), the word "other" is replaced by "equivalent"

and the words "intended to promote the sale, purchase or rental of products or

services "shall be replaced by the words" in order to promote the supply of goods or

the provision of services for remuneration ".



8. In article 2 (2). 1 the letter o) is added:



"o) by directly related to the programme service consisting in the dissemination of

text, image and audio information, which, individually or in

Summary create content related to the programme, which is designed for the income

the public along with this program; services directly related to the

the program also means the creation and provisioning of data file

data for the content of the electronic program guide and service

expanding the possibilities of use of the program in relation to the end

the device ".



9. in section 2 (2). 1 (b). q) with the words "hidden advertising" shall be replaced by

"hidden commercial communication", the words "company" shall be replaced by

"in the name or the name of the", the words "which does not have the character of advertising and

teleshopping, "shall be deleted and the word" other "is replaced by

"similar".



10. In section 2 (2). 1 (b). r), the words "or other" shall be replaced by the words "or

a similar ".



11. In paragraph 2 (2). 1 letter s) is added:



"with) any contribution of sponsorship from a person who does not operate

radio or television broadcasts, audiovisual media

on-demand services ^ 1e), and to produce audiovisual works, provided to

direct or indirect financing of radio or television

program or show with a view to promoting its name, trade name or

mark, products, services, activities or the image to the public, ".



Footnote # 1e:



"1e) Act No. 132/2010 Coll., on audiovisual media services on the

demand and on amendments to certain acts (the Act on audiovisual media

services on request). ".



12. in section 2 (2). 1 (b). u), the words "cable system" shall be replaced by

the words "taken over".



13. in section 2 (2). 1 (b). w) after the word "device" the words

"using radio frequencies reserved for the dissemination and transfer of

radio or television broadcasts ".



14. in section 2 (2). 1 (b). s) the introductory part of the provisions of the

"broadcasting" the words "circulated through the

the transmitters "and after the words" local broadcasts "are the words" digital

by means of transmitters ".



15. in section 2 (2). 1 (b). y) points 1 and 2, the words "digital

by means of transmitters "are deleted.



16. in section 2, paragraph 1, the following paragraph 2 is added:



"(2) for the purposes of this Act are further means




and) commercial communication advertising, teleshopping and sponsorship, and in the case of

the tv broadcast also product placement or other image

sequences with sound or no sound, which is intended for the direct or indirect

promotion of the goods or services of a person engaged in economic activities,

where appropriate, its image to the public, and that accompanies the show, or is

the agenda included in return for payment or for similar consideration or for the purposes of

self promotion,



(b)) put the product means any form of incorporation of the product, service,

the trade mark, which is a product or service, or the mention of the bound

the product and service to the show in return for payment or for similar consideration,



(c) editorial responsibility performance) of decisive influence on the selection of the programmes and

other parts of the broadcast and their chronological arrangement in the program

song. ".



Paragraphs 2 to 4 shall become paragraphs 3 to 5.



17. in paragraph 2 (2). 3 (b). (c)), the words "by satellite, if

are propagated by a broadcaster on the basis of a licence granted under section

12 or, in the case of broadcasters pursuant to § 3 (2). 1 (b). a) and

This broadcast "shall be replaced by" If this propagation ".



18. in section 2 (2). 3 at the end of subparagraph (d)), a comma is replaced by a dot and the

the letter e) shall be deleted.



19. in section 2, paragraph 3, the following new paragraphs 4 and 5 are added:



"(4) For radio broadcasting and radio broadcasts are taken over

does not consider the dissemination of radio programs through the relay

system referred to in § 12 para. 3 (b). (c)).



(5) a television broadcast is not considered



and broadcasting, which does not have) the nature of the activities of the particular economic or

that do not compete with television broadcasting,



(b)), which is not intended for reception by the public,



c) broadcasting, whose main purpose is the provision of programmes and at the same time

This is not about tv programs under section 67 para. 1 or 2, or



(d)), which cannot directly or indirectly receive public

any Member State of the European Union through the device, a technically

eligible to individually optional television broadcast,

that is available in the business network. ".



Paragraphs 4 and 5 shall be renumbered as paragraphs 6 and 7.



20. in section 3, paragraph 3. 2, the words "paragraphs 3, 4, or 5" shall be replaced by

"paragraph 3, or if it satisfies the conditions referred to in paragraph 4 or paragraph

5. "



21. in section 3, paragraphs 3, 4 and 5, including footnote No. 4b shall be added:



"(3) a legal or natural person is deemed to be established in the United

Republic,



and if the headquarters) has a place of business or ^ 4a) in the Czech Republic and the decisions

on the selection of shows and other parts of the broadcast and their arrangement in the

Programme (hereinafter referred to as "editorial judgment") in the United

Republic, or



(b) where the registered office has) or place of business in the Czech Republic, but the editorial

decisions shall be taken in another Member State of the European Union, if the



1. a substantial part of its workers providing tv broadcast

in the Czech Republic,



2. a substantial part of its workers providing tv broadcast

It operates both in the Czech Republic and in that other Member State

The European Union, or



3. a substantial part of its workers providing tv broadcast

do not operate in the Czech Republic or in that other Member State of the European

the Union, provided that broadcast television for the first time in the United

Republic under Czech law and maintains a permanent and efficient

participation in the economic life in the Czech Republic, or



(c) if the head office) or place of business in the Czech Republic, however, the decision

on broadcasting receives in a State which is not a Member State

The European Union, or vice versa, on the condition that a substantial part of its

workers providing television broadcasting in the Czech Republic.



(4) If no legal or natural person can be considered as established in

The Czech Republic referred to in paragraph 3, nor can it be regarded as established in the

another Member State of the European Union or in a State which is a Contracting

party to the European Convention on Transfrontier Television ^ 4b), the law on the

it applies to television broadcasts or taken over your tv

uses broadcast



and) transmission equipment to the ascending signal to the satellite which is located

on the territory of the Czech Republic, or



b) satellite capacity granted to the Czech Republic, if it does not use

upward signal transmission equipment to the satellite, which is located on the

the territory of the Czech Republic, in another Member State of the European Union or in the

a State which is a Contracting Party to the European Convention on cross-border

television.



(5) on the legal or natural person who operates television

broadcasting or undertaken by the tv and cannot be considered as

established in the Czech Republic in accordance with paragraph 3, nor can it be regarded as a

established in another Member State of the European Union or in a State which is

a Contracting Party to the European Convention on Transfrontier Television, and that

does not meet in the Czech Republic or in a Member State of the European Union

or in a State which is a Contracting Party to the European Convention on cross-border

television, one of the conditions referred to in paragraph 4, this law applies

only if it can be regarded as established in the Czech Republic according to the

The Treaty establishing the European Community ^ 4 c).



4B) the European Convention on Transfrontier Television, as amended by the Protocol

amending the European Convention on Transfrontier Television, well known under the

No 57/2004 Coll. m. s. ".



Former footnote No. 4b-4e is referred to as a note under

line # 4 c-4f, including references to footnotes.



22. in section 4, paragraph 4. 2, the words "and taken over the broadcast" shall be replaced by ",

taken over the broadcast and in the field of audiovisual media services on the

request granted under other legislation ^ 1e) ".



23. in paragraph 5 of the text at the end of the letter m), the words "and in relation to

raising the level of media literacy ".



24. in section 5 for the letter t) following the letters u) to y) are added:



"u) cooperates with institutions of the European Union and with regulatory authorities

Member States of the European Union with a similar factual competence, particularly when

the transmission and acquisition of data and information provided by law,

the decisions issued on the basis of law or legal acts of the European

of the Union and perform other tasks for the regulation of television

broadcasting resulting from membership of the Czech Republic in the European Union,



in the implementation of the commitments) for deriving from the European Convention on

Transfrontier Television ^ 4b) and shall represent the Czech Republic in the Standing Committee

Committee set up under article 5(2). 20 of the European Convention on Transfrontier Television



w) works in the regulation of television broadcasting with the relevant

authorities of the States which are not Member States of the European Union or by the

Parties to the European Convention on Transfrontier Television



x) works to the extent of its competence with legal entities

based in accordance with the laws of the United States, in which the subject

the activity includes the self in some of the areas covered by this

the Act or special legislation ^ 1e) and on this self-regulation is

actively involved in broadcasters, operators of incorporated

broadcasting or audiovisual media service providers to

request (hereinafter referred to as "self regulatory authorities"), if the cooperation

self-regulatory authority requested in writing, especially when creating

effective self-regulatory systems and the introduction of measures to encourage

media literacy; the list of cooperating self-regulatory bodies

(hereinafter referred to as "list of self-regulatory bodies") exposes the way

allowing remote access,



s) deliver opinions that express a legal opinion of the Council on matters of

belonging to its jurisdiction under the Act, ".



Letter u) is referred to as the letter z).



25. in paragraph 5 of the letter z) reads as follows:



"from) other tasks provided for in this Act or other legal

^ law 1e) ^ 3) ^ 4). ".



26. in section 6 (1). 1 in the introductory part of the provisions of the "broadcast"

the words "and in the area of audiovisual media

on-demand services. "



27. in section 6 (1). 1 (b). and) the words "and operators of incorporated

broadcasting "is replaced by" operators and broadcast taken over

providers of on-demand audiovisual media services ".



28. in section 6 (1). 1 (b). (b)), the words "and in arriving at the radio and

television broadcasting "is replaced by", in arriving at the radio and

the television broadcast and in the provision of audiovisual media services

on demand ".



29. in section 6 (1). 1 (b). (c)), after the words "broadcasting", the words "and

the provision of audiovisual media services on demand ".



30. In paragraph 6 (1). 1 (b). (d)), the words "this Act and" shall be replaced by

"by law, broadcasters, operators broadcast taken over and

providers of on-demand audiovisual media services and the

compliance with ".



31. in section 6 (1). 1 (b). g), the words "in a television broadcast," shall be replaced by


the word "" and at the end of the text of the letter shall be added the words "in the television

broadcasting, including information on the promotion of European works in the making

the provision of audiovisual media services on demand ".



32. In section 6 (1). 1 letter h) is added:



"h) and status information level of self-regulation in the areas of radio and

television broadcasts, taken over the broadcast and audiovisual

on-demand media services and the results of the

self-regulatory bodies, '.



33. In § 6 is at the end of paragraph 1, the following point (i)), which read as follows:



"i) information on the level of media literacy in relation to new

communication technologies and on the measures taken to support the

media literacy on the part of radio and television operators

broadcasting, operators, providers of broadcast taken over

on-demand audiovisual media services and self-regulation

authorities. ".



34. In paragraph 6, the following paragraph 5 is added:



"(5) the Ministry of culture (hereinafter referred to as" the Ministry ") may request from

The Council the information required for the performance of obligations for the Czech

Republic resulting from international treaties), or ^ 4b from her

membership in international organisations. The Council is required to these data

the Ministry provided. ".



35. In section 7 (2). 3 (b). (d)), after the words "taken over the broadcast"

the words "or the provision of audiovisual media services on the

request ".



36. In paragraph 7 (2). 12, the words "and to the operators of broadcast taken over"

shall be replaced by "operators and providers of broadcast taken over

on-demand audiovisual media service "and at the end of the text

paragraph, the words ", the operator removed the broadcast and

provider of on-demand audiovisual media services ".



37. In paragraph 8, the following paragraph 6 is added:



"(6) a member of the Council is obliged to maintain confidentiality of facts

which it becomes aware in the performance of functions and that, in order to ensure the proper

the performance of the public administration or in the interest of other people require to remain

kept secret, even after the termination of membership in the Council. This obligation are members

The Council exempted from the only other reasons set out by the law or if the

the consent of the person to whom the fact in question. ".



38. In article 11, the following paragraph 7, including footnotes.

9A is added:



"(7) an employee qualified to work in the Council, in addition to the obligations of the

maintain confidentiality resulting from a special legal regulation 9a) ^ ^

obliged to maintain confidentiality of the facts, which are in the performance

This activity learn even after the termination of employment; the obligations of the

professional secrecy may be absolved on the basis of law or

If the release this obligation, the consent of the person to whom

the fact in question refers to. A similar obligation also applies to

natural person in any other legal relationship to the Council on the basis of exercises

the Council's activities.



9A) § 303 paragraph. 2 (a). (b)) of the labour code ".



Former footnote No. 9a to 9 d are known as notes under

line no. 9b-9e, including references to footnotes.



39. In § 12 para. 1 the words "and to the spread of Teletext in analog

the television broadcast "shall be deleted.



40. in § 12 para. 2 the words "teletext broadcast in analogue television

broadcast and "and the words" in digital broadcasting "be deleted.



41. In paragraph 12, the dot at the end of paragraph 3 is replaced by a comma and the following

subparagraph (c)), which read as follows:



"c) transmission systems other than those listed in subparagraphs (a) and (b))) (hereinafter referred to as

"special transmission system"). ".



42. In § 12 para. 12 (a). (b)), the words "race, gender, religion,

nationality or membership of a particular group of the population "shall be replaced by

the words "sex, race, colour, language, faith and religion,

political or other opinion, national or social origin,

membership of a national or ethnic minority, property, birth or

other status ".



43. In § 14 para. 1 at the end of the text of the letter f), the words "; in

the case of a broadcast transmitted through transmitters is the territorial scope

broadcast provides pursuant to § 2 (2). 1 (b). y), in the case of broadcast

distributed via cable systems, the territorial scope of the broadcast

provides enumeration areas and districts; in the case of broadcast

distributed through satellites or special transmission systems

the territorial scope of the broadcast did not mention ".



44. In paragraph 14, the dot at the end of paragraph 1 is replaced by a comma and the following

the letter j) is added:



"(j)) the main language of the broadcast and the enumeration of the States in whose territory the project is

broadcast wholly or mainly directed, if it is on tv

the broadcast. ".



45. In article 17, paragraphs 4 and 5 shall be deleted.



46. In section 18 para. 4 (b). (c)), the comma after the words "the time span of broadcasting"

replaced by the word "and" and the words "pursuant to section 2 para. 1 (b). y) "shall be deleted.



47. In section 18 para. 4, after the letter "e") the following new subparagraph (f)), which read as follows:



"(f)) the main language of the broadcast and the enumeration of the States in whose territory the project is

broadcast wholly or mainly directed, if it is on tv

the broadcast ".



Subparagraph (f)) is renumbered as paragraph (g)).



48. In section 18 para. 4 (b). g), the words "for cable systems" are replaced by

the words "through cable systems laid down the data according to § 14

paragraph. 1 (b). (f)) ".



49. In article 18, the following paragraph 6 is added:



"(6) the Council, in the context of cross-border cooperation referred to in paragraph 5 (b). u)

the grant of a license shall immediately inform the regulatory authority of a Member State

The European Union referred to in the licence referred to in paragraph 4 (b). f).“.



50. in paragraph 22 of the paragraph. 1, the number "60" is replaced by "180" and the words "in the

during one calendar year "shall be deleted.



51. in the title of title II of part three, the words "CABLE SYSTEMS"

replaced by the words "CABLE SYSTEMS and special TRANSMISSION

Systems ".



52. In § 25 para. 1 the words "cable systems" shall be replaced by ",

cable systems and special transmission systems ".



53. In § 25 para. 2, letter b) the following point (c)), which read as follows:



"(c) the transmission system and identification) information on access to broadcasting,

in the case of a broadcast of the program through a special relay

the system, '.



Letter c) is renumbered as paragraph (d)).



54. In section 27 para. 2 the words "technical specification" shall be replaced by

"identification" and "distributed" the words ", and information on the

access to taken over broadcast ".



55. In section 29 para. 1 at the end of the text of subparagraph (c)), the words "in the

If the change relates to the tv program taken from

the tv broadcast of the operator of a State which is not a Member State

The European Union nor party to the European Convention on cross-border

television or radio program received from the operator

the radio broadcast from a different State than the United States. "



56. In § 32 para. 1 (b). and), the word "program" is replaced by

"broadcast".



57. In § 32 para. 1 (b). (c)), the words "for reasons of race, sex,

religion, nationality or membership of a particular group

the population "shall be replaced by" because of sex, race, colour,

language, faith and religion, political or other opinion, national

or social origin, membership of a national or ethnic

minority, property, birth or other status ".



58. In § 32 para. 1 at the end of the text of the letter g), the words "; This

obligation on broadcasters does not apply, if the broadcast

available to the end user on the basis of a written contract concluded with the

a person 18 years or older and it is provided with technical measures, which

This person allows you to restrict access to the broadcasting of children and adolescents, ".



59. In § 32 para. 1 (b). l) after the word "keep", the words "in the

the previous form and in an appropriate technical quality ", the words" of the broadcasted

shows at least "are replaced by the words" including other parts of the

the broadcast, at least the ", the words" provide them "shall be replaced by" on the

written request is to rent "and the words" with the performance of this obligation "

replaced by the words "with shows and other parts of the records

broadcasting ".



60. In § 32 para. 1 the letter m) is added:



"m) if as a result of the broadcast of a show, or other parts of the

broadcasting commenced proceedings before the public authority, the operator is

broadcast shall, at the written request the competent public authority

keep a log or other parts of the show broadcast in the previous form

and in an appropriate technical quality, until the final decision in

things ".



61. In § 32 paragraph 2 reads as follows:



"(2) the operator of a nationwide broadcasting license is

must obtain at least 15% of the broadcast shows hidden or open

subtitles for people with hearing impairment, and at least 2% of broadcast

programs available for people with visual disabilities. The operator

nationwide television broadcast of the Act must obtain at least

70% of broadcast shows hidden or open subtitles and at least 2%


broadcast programmes produced in humour or simultaneously

interpreting into Czech sign language for people with hearing disabilities

and further, it is obliged to make at least 10% of the broadcast of programmes for people

the visually impaired ".



62. In article 32, paragraph 2, the following paragraph 3 is added:



"(3) the operator removed the broadcast can spread the program containing the

shows or other portions of the broadcast, which could impair the physical,

mental or moral development of children and adolescents, under the conditions laid down

in paragraph 1 (b). (g)); in the lowest program menus may not be included

the program contains mostly shows, which could endanger the physical,

mental or moral development of children and adolescents ".



The former paragraph 3 shall become paragraph 4.



63. In § 32 para. 4 of the introductory part of the provisions of the "broadcast"

the words "tv program received from the operator

television broadcasts from a State which is not a Member State of the European Union

or a Contracting Party to the European Convention on Transfrontier Television, or

the radio program received from the operator's radio broadcast

from another State than the United States, ".



64. In § 32 para. 4 (b). a) after the word "programmes", the words "or

other portions of the broadcast "and the words" § 31 and paragraph "shall be replaced by the word

"paragraphs".



65. In § 32 para. 4 (b). (b)) after the word "programmes", the words "or

other portions of the broadcast "and the words" g) and "shall be deleted.



66. In paragraph 32, the following paragraphs 5 to 7 shall be inserted:



"(5) the obligations laid down in paragraph 1 in relation to the programmes is

operator obliged to fulfill also in relation to all other

parts of the broadcast, unless the law provides otherwise.



(6) the operator and the operator is obliged to broadcast taken over

on written request provide to the Council the observations and the information necessary to

the performance of its responsibilities under section 5 (b). t) up to w) or § 6 para. 1 and 5.



(7) the operator is obliged to provide tv viewers

simple, direct and permanent access in particular to



and the basic data of the operator) television broadcasting, which are

the name or the name and identification number, if assigned, registered address

in the case of a legal person, or a residence in the case of a natural person and for

foreign persons also address of the undertaking or branch in the territory of

The United States, if they have been established,



(b)) data, which allow a quick, direct and efficient contact with the

the operator of television broadcasting, in particular to a postal address for the

the service, the phone number or address for service

electronic mail, and



c) information about the fact that the supervisory authority of the television

the broadcast is the Council. ".



67. In § 33 para. 3 the words "Ministry of culture (hereinafter referred to as

"the Ministry") ' shall be replaced by "the Ministry".



68. section 34 including the title reads as follows:



"§ 34



Broadcast short news extracts



(1) the operator of a television broadcast, which has acquired exclusive rights to

the broadcast of the event that is the subject of increased interest to the public (hereinafter

"the event of the increased interest of the public"), he is obliged to others

tv operators established in the Member States

The European Union, at their request, to allow access to the signal transmission or

to provide a record of this event for the acquisition of short

News an extract of your choice into their general

news programmes. He won the exclusive rights to broadcast events

the increased interest of public broadcasting operator established in

The Czech Republic are the other tv operators

established in the Czech Republic are obliged to apply the request under the first sentence in

This operator's television broadcast.



(2) the duration of short extracts in general news

a news agenda shall not exceed 90 seconds. Short news

the excerpt shall be marked indicating the source from which it was taken, unless it is

such marking impractical.



(3) in the provision of audiovisual media services available upon request

short news excerpt taken pursuant to paragraph 1, apply for

the conditions that the General news show, which is part of, is from the

offered by the same operator record tv broadcast, that it

broadcast.



(4) for the General news show is considered a show made up of

News, reports and interviews about current events in the field of internal and

foreign policy, public life, culture, crime, or

Sport, including a block of special news reports regularly follow-up

on this show.



(5) the operator of a television broadcast, which has acquired exclusive rights to

broadcast events increased the interest of the public, is obliged to provide for

the conditions under which it is possible to access other operators

television signal transmission or delivery of the record of this

events (hereinafter referred to as "the accreditation terms and conditions"), having a good time

in advance and to publish them in a way allowing remote access.

The accreditation conditions must be fair and reasonable, and shall not be

discriminatory. The operator of television broadcasting, which acquired exclusive

the rights to broadcast the event increased the interest of the public, is entitled to a

ensuring access to the signal transmission or delivery record for this event

charge no more than the amount corresponding to the reimbursement of the additional costs directly

United is by ensuring access to the signal transmission or with the delivery of

record.



69. In article 43, paragraph 3 reads:



"(3) for an independent producer is considered to be a legal person or natural person

a person who is not an operator of television broadcasting, nor is it with the

the operator of tv related links or whose

delivery works for one operator of television broadcasts shall not exceed

during the 3 years 90% of its total production. A person with close linked with

television broadcasting operator means the person who is involved in the

of the voting rights or of the capital of this operator

tv, or a person, in which the operator of a tv

the broadcast involved in the voting rights or of the capital. ".



70. section 46 including the title reads as follows:



"§ 46



European work



(1) the European work means the



and the work coming from) Member States of the European Union,



(b)) the work originating in the State which is not a Member State of the European Union,

but it is a Contracting Party to the European Convention on Transfrontier Television ^ 4b),

This work meets the conditions referred to in paragraph 3, or



(c)) work produced in co-production in the framework contract relating to

audiovisual sector concluded between the European communities and

a third State, if it satisfies the conditions laid down in this agreement, the

the basis of which it was made.



(2) the provisions of paragraph 1 (b). (b)), and (c)) shall apply only if,

If they are not in relevant third countries applied discriminatory

measures in respect of works from Member States of the European Union.



(3) A work referred to in paragraph 1 (b). a) and b) is considered to be the work of

created by predominantly authors and workers residing in one or more of the

States referred to in paragraph 1 (b). a) and b), provided that the



and it was made by the manufacturer) or more producers established in one or

more of these States,



(b) production of the works is carried out) under the supervision of and actual control

the manufacturer or more producers established in one or more of the following

States, or



(c) the proportion of the co-producers) States to the total co-production

costs is preponderant and the co-production has not been checked by the manufacturer or

more producers established outside the territory of these States.



(4) the work that cannot be considered a European work referred to in paragraph 1,

However, it was made on the basis of bilateral agreements on co-production

concluded between Member States of the European Union and a third State,

be considered to be European works provided that the co-producers from the share

Member States of the European Union on the total cost of production is

the prevailing, and the production has not been checked by the manufacturer or more producers

established outside the territory of the Member States of the European Union. ".



71. In article 47, paragraph 4 shall be deleted.



72. in the heading of title IV of part five:



"BUSINESS COMMUNICATION".



73. section 48 and 49, including the following titles:



"§ 48



The obligations of broadcasters during the broadcast of commercial messages



(1) broadcasters shall not include in the broadcast



and commercial communication), that are not easily recognizable,



b) commercial communications that support the behavior threatening the health or

safety or behavior that grossly undermines the protection of

environment,



(c)), commercial communications, in which performers announcers, moderators and editors

News and current affairs shows, political-



d) religious and atheistic commercial communication,



e) commercial communication of political parties and movements and business communication

independent candidates for deputies, senators or members of the Town Council

territorial self, unless a specific law provides otherwise,



f) commercial communications relating to the medicinal products or treatment

the procedures that are available in the Czech Republic only to medical

prescription,




g) commercial communications relating to cigarettes or other tobacco products,



h) hidden commercial communication,



I) commercial communications containing subliminal communication



j) commercial communications that reduce human dignity,



k) commercial communications attacking the faith or religion or political

or other opinion,



l) commercial communications that includes discrimination based on sex, race,

skin colour, language, faith and religion, political or other

opinion, national or social origin, membership of a national

or ethnic minority, property, birth or other status.



(2) commercial communication may not physically or morally endanger children and

young people by



and) directly encourage minors to buy or hire a

a product or service using their inexperience or credulity,



(b)) directly encourage minors to convince their parents or

another person to buy goods or services,



(c)) use the special trust of children and adolescents to their parents,

teachers or other persons, or



d) unreasonably show minors in dangerous situations.



(3) for the veracity of the information contained in the commercial message corresponds to the

the sponsor of a commercial communication; If the contracting authority of the commercial message cannot be

specify, corresponds to the broadcaster. Sponsor a commercial communication

means the legal or natural person that ordered other

legal or natural person business communication.



§ 49



Obligations when marshaling and teleshopping broadcast ads



(1) the broadcaster is obliged to ensure that the



advertising and teleshopping) were easily recognizable; at the provider

acoustic and radio broadcasts at the television operator

the broadcast clearly sound, image or sound-image or

spatial means separated from other parts of the broadcast,



b) isolated advertising spots and teleshoppingové have been added to the broadcast

only in exceptional cases, with the exception of transmissions of sporting events; This does not apply for

radio broadcasting,



c) advertising and teleshopping for erotic services and erotic

the products have not been included in any broadcast from 06:00 hours to 22:00

hours; This obligation on broadcasters does not apply, if the

broadcasting available to the end user on the basis of a written contract

concluded with a person older than 18 years and provided technical

the measures, which the person allows you to restrict access to a broadcast for children and

adolescents,



(d) advertising and teleshopping) were added immediately before the

broadcast of a religious service or immediately after their broadcasts.



(2) the operator of television broadcasting is obliged to ensure that, when

marshaling of advertising or teleshopping spots in the show was not

impaired the integrity of the show, or the rights of rights holders by not

natural breaks, the duration and the nature of the show.



(3) the operator of a licensed television broadcasters must not broadcast movies

made for television, cinematographic works and news programmes

discontinue advertising or teleshoppingovými spots more than once per each

the planned time period of at least 30 minutes ' duration. The operator

the radio broadcast license shall not broadcast news programmes

discontinue advertising or teleshoppingovými spots more than once per each

the planned time period of at least 30 minutes ' duration. To the planned

the time series of broadcasts of films produced for television,

cinematographic works and news programmes to be classified

advertising and teleshoppingové spots.



(4) the radio and television programmes for children cannot be advertising or

teleshoppingovými spots break more than once per each

the time period of a duration of at least 30 minutes, if the planned duration

Agenda for children without the inclusion of advertising and teleshopping spots exceeds

30 minutes. During the television broadcast of the show for children cannot be an ad or

teleshoppingové spots placed on the split screen.



(5) the radio and television broadcasts of worship cannot be advertising or

interrupt the teleshopping. During a television broadcast of a religious service cannot be

advertising or teleshopping shall be placed on the split screen.



(6) the limitations referred to in paragraph 3 shall not apply to films produced for

television, to nature documentaries or if they are

separate parts of the series or cycles of programmes.



(7) the operator of a broadcasting law is allowed to insert advertising and

teleshoppingové spots between programmes or only to natural breaks in the

shows. ".



74. In article 50, paragraph 2 is deleted.



Paragraphs 3 to 8 shall be renumbered as paragraphs 2 to 7.



75. In § 50 para. 3 the words "1-3" shall be replaced by "1 and 2".



76. In § 50 paragraph 3, the following paragraph 4 is added:



"(4) paragraphs 1 and 2 shall not apply to the notification of broadcasters

concerning its own programmes and ancillary products or services,

that are directly derived from those programmes, sponsorship announcement

or product placement, to broadcast free of charge in the public notification

interest, or for the benefit of general interest objectives, and free of charge

broadcast alerts to the charitable action. ".



Paragraphs 4 to 7 shall become paragraphs 5 through 8.



77. In section 50, paragraph 6 shall be deleted.



Paragraphs 7 and 8 shall be renumbered as paragraphs 6 and 7.



78. In § 50 paragraph 6 is added:



"(6) a coherent teleshoppingový block lasts at least 15 minutes

and must be clearly identified by optical and acoustic means.

The operator of a licensed broadcaster may in a program that is not

dedicated exclusively to teleshopping broadcast continuous teleshoppingové

blocks beyond the limits on the broadcast of advertising and teleshopping

the reports referred to in paragraph 2. '.



79. In article 50, paragraph 7 shall be deleted.



80. the heading of section 52 reads as follows: "special provisions for commercial communications

concerning alcoholic beverages ".



81. In paragraph 52 of the introductory part, the words ' the provisions of the advertising and teleshopping on

alcoholic beverages "are replaced by the words" commercial communications relating to

of alcoholic beverages ".



82. In paragraph 52 (a). a), the words ' specifically to "the words" and children "

and after the word "show" with the words "children and".



83. section 53 including the title reads as follows:



"section 53



The obligations of broadcasters during a broadcast of sponsored

radio or television programs and shows



(1) radio or television programs and shows, which are

sponsored, must meet the following requirements:



and their contents, and chronological) organize shows and other parts of the

the broadcast must not be affected in a manner that could affect the

editorial responsibility and independence of the broadcasters,



(b)) shall not directly encourage the purchase or rental of goods or services,

in particular, a special zmiňováním of goods or services for the purpose of promotion.



(2) a radio or television programmes and programmes may not be

sponsored by persons whose principal activity is the manufacture or

the sale of cigarettes or other tobacco products.



(3) the sponsorship of radio or television programs and shows

persons whose business activity includes the production or distribution of

medicinal products and medical treatment may promote the name or the

the name of the sponsor or its image to the public, but may not promote

medicinal products or medical procedures in the Czech Republic-bound on

medical prescription.



(4) the operator is obliged to broadcast to each wholly or partly

sponsored show at the beginning of and during the course of or at the end of

clearly indicate the name or name, image or symbol (logo)

a different brand of the sponsor, which means, in particular, a reference to its products,

service or on their distinctive character.



(5) the operator broadcast sponsored program is obliged to notify

sponsorship program and clearly indicate the name or the name of the sponsor and

indicate the main subject of its activities. Notice of sponsorship program

may not be broadcast in advertisements for the show, during the show, and

immediately before the beginning or after the end of the show.



(6) the Sponsor cannot be news and current affairs programmes.



(7) Sponsor programmes for which cannot be an absolute proportion of the daily

airtime makes up the shows that you cannot sponsor. ".



Footnote No 11 is deleted.



84. in paragraph 53, the following new section 53a, which including the title and notes

line 11a is inserted:



"§ 53a



Obligations of operators of television broadcasts when placing the product



(1) product placement in programmes is only permissible



and in cinematographic works), in movies and television shows created for

television broadcast or on-demand audiovisual media services,

in sports and entertainment, and under the condition that it is not a

programmes for children, or



(b)) in cases where no payment is made, but only for free

provides certain goods or services, in particular the props or prizes for the

the contestants in order to classify them in the show.



(2) Programmes containing product placement shall meet the following requirements:



and the content and time) to their inclusion in a broadcast shall not be affected by the so


that prejudice to the editorial responsibility and independence of the operator

of television broadcasting activities,



(b)) shall not directly encourage the purchase or rental of goods or services,

in particular, a special zmiňováním of the goods or services for the purpose of their

promotion,



(c)) shall not unduly emphasize placed product.



(3) Programmes containing product placement must be at the beginning, at the end of

and in the case of break or teleshoppingovými spots also after

This clearly marked as containing the location shows

product so that the audience could not be in any way misled about

the nature of these programmes. Obligation referred to in the first sentence shall not apply to

the shows that were not made by or whose production has not provided itself

tv or a person who, in relation to the operator

tv in the position the person controlling or controlled by the

special legal regulation ^ 11a).



(4) programmes may not contain product placement, if it is a



a) cigarettes or other tobacco products, or product placement people,

whose principal activity is the manufacture or sale of cigarettes or

other tobacco products, or



b) medicinal products or medical treatments, which are in the Czech Republic

available only on prescription.



11A) section 66a. ".



85. In section 54a, the words "the visually and hearing-impaired" shall be replaced by

"people with Visual and hearing impairments" and the words "description, Czech

sign language, subtitling, easy navigation "shall be replaced by the words" description

the image, a Czech sign language, subtitling with non-verbal sound

folder up, easy to understand menu orientation programmes ".



86. In § 55 para. 9, section 55a paragraph 1. 9 and § 56 para. 5, the words "and satellite"

replaced by the words ", satellites and special transmission systems".



87. section 55b shall be deleted.



88. In section 59 paragraph 1. 4, the words "the obligations referred to" shall be replaced by

"one of the obligations referred to" and the words "and also" the reason given in

shall be deleted.



89. In section 59a, the word "negotiation" ^ 12) "shall be replaced by the words" negotiations within the

The European Union provided directly applicable regulation ^ 12) ".



90. in § 60 para. 1 (b). a) after the word "programmes", the words "or

other parts of the broadcast ".



91. In § 60 para. 1 (b). (d)) after the word "programmes", the words "or

other parts of the broadcast ".



92. In § 60 para. 1 (b). (e)), the word ' does not provide ' is replaced by

"does" and after the word "program" with the words "or other parts of the

broadcasting ".



93. In § 60 para. 1 letter):



"k) violates any of the obligations set out for sponsorship programs

or shows, or violates any of the obligations set out for the location

the product ".



94. In § 60 para. 1 (b). l), the words "broadcast ads, teleshopping and

sponsored programs "are replaced by the words" commercial communications and hidden

business communication ".



95. In paragraph 60, the dot at the end of paragraph 1 is replaced by a comma and the following

the letters p) up to), which read as follows:



"p) fails to comply with the provisions of § 32 para. 3,



r) fails to comply with the provisions of § 32 para. 4,



with) fails to comply with § 32 para. 5,



t) fails to provide the Council with observations and information according to § 32 para. 6,



u) will not allow the viewers to simple, direct and permanent access to information pursuant to section

32 para. 7. ".



96. In section 60 paragraph. 3 (b). a), b) and (c)), after the word "programmes"

the words "or other portions of the broadcast".



97. In § 60 para. 3 (b). (d)), the words ' and trailers ' are replaced by ',

trailers or other portions of the broadcast "and" juvenile "

the words ", and it is not about broadcasting available to the end user

on the basis of a written contract entered into with a person older than 18 years of age, to which it is

provided the technical measures that prevent access to broadcasts

children and adolescents, ".



98. In paragraph 60, the dot at the end of paragraph 3 is replaced by a comma and the following

letter h) and (i)), which read as follows:



"h) breach of an obligation under § 62 para. 4,



I) fails to comply with any of the conditions set out in section 67 para. 3 for

the provision of services directly related with the program. ".



99. In paragraph 60, the following paragraph 7 is added:



"(7) the fine from $ 100 to $ 1 000 000 imposed by the Council to the operator

broadcasters that fail to fulfil one of the obligations pursuant to § 34. ".



100. In § 61 para. 1 the words ' to 2 years ' are replaced by the words "to 3 years".



101. In paragraph 61, paragraph 3 reads:



"(3) the Board shall determine the amount of the fine according to the gravity of the matter, degree of fault and the

taking into account the extent, type, and range of the broadcast, the amount of defective

any financial gain, and the opinion of the competent

a self-regulatory authority indicated in the list of self-regulatory bodies

If this opinion in writing within 10 working days from the date of the initiation of the

management of the administrative offense. ".



102. section 62 including title and footnote No 14 to 18 is added:



"§ 62



The suspension of broadcasting of tv program taken from a State which is

a Contracting Party to the European Convention on Transfrontier Television, and from the Member

State of the European Union



(1) the Council may decide to suspend the television program

taken from a State which is a Contracting Party to the European Convention on

cross-border television and not at the Member State of the European Union,

If it considers that its content is repeatedly violated § 32 para. 4 and this

It is obvious, serious violations and has a gross nature ^ 14), or that his

the contents are in the territory of the Czech Republic otherwise violated the rights

arising from the European Convention on Transfrontier Television ^ 15).



(2) the Council may decide to suspend the television program

taken from another Member State of the European Union where



and) has considered that the content of the incorporated television programme was manifestly,

seriously and gravely manner violated § 32 para. 4, and the operator

This program, broadcast from another Member State of the European Union and

the operator removed posting on this fact in the last 12

notify in writing at least two months, with the spread of incorporated

a tv programme in the Czech Republic may be suspended if it would

breach or should it occur again,



(b)) a duly reasoned intention to suspend the distribution of this tv program

in the Czech Republic to notify the European Commission and the competent

the regulatory authority of a Member State of the European Union, in which it is

the operator, from which it is taken, a tv program is established

(hereinafter referred to as "the regulatory authority of a Member State of the European Union"), together with

requests for consultation and



c) considers that consultation with the European Commission and the regulatory authority

the Member State of the European Union did not result within 15 days of their

produced an amicable settlement and begin the infringement persists.



(3) except in the cases referred to in paragraph 2, the Council may decide

on the suspension of the television program received from the Member State

The European Union, whose contents are violated provisions of the Act, which

in the areas of coordinated within the European Union in accordance with the law

The European Union shall lay down more detailed or stricter rules ^ 16) (hereinafter referred to as

"special rules")



and) has considered that the broadcasting of tv program taken from the Member

State of the European Union is directed wholly or mainly in the territory of the United

Republic,



(b)), that the operator broadcast a tv program taken

According to subparagraph (a)) in another Member State of the European Union settled because

to bypass the special rules, which would apply to it if it

It was established in the Czech Republic,



c) a duly reasoned intention to suspend television program

taken under (a)) in the Czech Republic to notify the European

the Commission and the regulatory authority of a Member State of the European Union,



(d)) has considered that the results achieved with the cooperation of the regulatory authority

the Member State of the European Union, where appropriate, the authority designated under the law

The European Union ^ 17), was invited to the synergies are not satisfactory ^ 18),

and



e) has received the written decision of the European Commission, that the implementation plan

referred to in subparagraph (c)) is compatible with the law of the European Union.



(4) the decision to suspend the spread taken of tv program

The Council shall notify each operator received the broadcast. The operator

taken over the broadcast shall not tagged in the Council decision on the territory

The United States spread from the date following the date of notification of the decision

The Council, until the date of expiry of the decision of the Council.



(5) the decision to suspend the spread taken of tv program

the expiry of the date of expiry of the period for which the Council of its validity in the

the operative part of the decision to cut back, but not later than the expiry of 6 months from the

the date of acquisition of legal power. The decision to suspend dissemination incorporated

the Guide, which was issued in accordance with paragraph 2, shall cease to be

the validity of a decision to the European Commission that it is not compatible with the law

The European Union and the date when the Council on my official Board and way

allowing remote access shall publish notification; the Council is obliged to notice

publish, not later than the first working day following the day on which the

received a written copy of the decision of the European Commission.




(6) the Council is required to document the procedure under paragraph 1

be sent to the regulatory authority of a State which is a Contracting Party to

The European Convention on Transfrontier Television and is not at the same time by the Member State

The European Union, or the authority designated by the European Convention on cross-border

tv, send without delay a copy also the Ministry of foreign

things. For a document to be sent by the Council during the procedure referred to in paragraph 2 or 3

The European Commission, the regulatory authority of a Member State of the European Union or

the authority designated under the law of the European Union, it's the first sentence of

by analogy.



14) Article. 24 of the European Convention on Transfrontier Television, as amended by the Protocol

amending the European Convention on Transfrontier Television.



15) Article. 24 bis, of the European Convention on Transfrontier Television, as amended by

The Protocol amending the European Convention on Transfrontier Television.



16) Article. 3 (2). 1 directive of the European Parliament and of the Council of/552/EHS

3 December 2004. October 1989 on the coordination of certain legal and administrative provisions of the

Member States concerning the provision of audiovisual media

Services (audiovisual media services directive), as amended by

European Parliament and Council Directive 97/36/EC and the directive of the European

Parliament and Council Directive 2007/65/EC.



17) Article. 23 a European Parliament and Council Directive 89/552//EHS, dated

3 October 1989 on the coordination of certain legal and administrative provisions of the

Member States concerning the provision of audiovisual media

Services (audiovisual media services directive), as amended by

European Parliament and Council Directive 97/36/EC and the directive of the European

Parliament and Council Directive 2007/65/EC.



18) Article. 3 (2). 2 and 3 of the European Parliament and Council Directive 89/552/EEC

of 3 July 2003. October 1989 on the coordination of certain legal and administrative

the laws of the Member States concerning the provision of audiovisual

Media Services (audiovisual media services directive), in

the texts of European Parliament and Council Directive 97/36/EC and directive

The European Parliament and of the Council 2007/65/EC ".



103. In paragraph 66, the words "and the new decision ' shall be deleted, the words" the decision

a fine "with the words" the decision to suspend the spread

taken over the tv program "and the word" consumers "^ 9e)

replaced by the word "consumers" ^ 5a) ".



104. In section 66a, the words "in the regulation of advertising", the words "and

sponsorship ".



105. In article 67 paragraph 2. 1 the first sentence, after the words "§ 42-47" the words

"§ 49 paragraph 1. 2 and 3 and § 50 para. 2. "



106. In paragraph 67 of paragraphs 2 and 3 shall be added:



"(2) in the broadcast program focused exclusively on advertising and teleshopping

advertising and teleshopping may be broadcast only, provided that the

meet the conditions established by this Act. The provisions of sections 42 to 47, § 49

paragraph. 2 and 3 and § 50 para. 2 to broadcast such a programme shall not apply.



(3) on services directly related with the program are subject to the provisions of § 32

paragraph. 1 (b). (b)) to (g)) and the provisions of § 35 to 41. If it is within the

services directly related to the program and the content of the electronic

program guide aired advertising and teleshopping,

broadcast commercials and teleshopping obligations pursuant to § 48, 49 and 52. ".



107. In § 67a, ' 47 and 49 to 51 "is replaced by" 47, 50 and 51 ".



section 21



Transitional provisions



(1) a legal or natural person who, on the date of entry into force of this

the law provides a service consisting in the offer of tv program

through the relay system referred to in § 12 para. 3 (b). (c))

Act No. 231/2001 Coll., in the version in force from the date of entry into force of

of this Act, (hereinafter referred to as "the person providing the television program"), and this

the service is the effective date of this Act, be deemed to operate

television broadcasting, is obliged to deliver to the Council for radio and

television broadcasting (hereinafter referred to as "the Council"), within 60 days from the date of entry into force of

of this Act, a request for the grant of the licence to operate tv

broadcasting pursuant to section 25 of Act No. 231/2001 Coll., in the version in force from the date of

entry into force of this Act. If the person providing the tv

the program fails to comply with an obligation under the first sentence, is required to provide

the tv program to terminate no later than the day following the date on which the

the deadline for the fulfilment of this obligation. The person providing the tv

the program, that the obligation under the first sentence, however, the Council shall decide,

her license to operate a television broadcast shall not grant, is required to

the provision of a tv program to terminate within 30 days of the date on which it was

Council decision delivered.



(2) the operator of a tv through cable

the system, in whose license is not territorial scope established broadcast information

According to § 14 para. 1 (b). f) of Act No. 231/2001 Coll., as amended effective

from the date of entry into force of this law, is obliged to the following information to the Council

delivered within 60 days from the date of entry into force of this Act; failure to comply with

This obligation shall be deemed a violation of the license terms. The Council of the

license through a cable tv operator

the system will complement the data referred to in the first sentence within 60 days from the date on which it

These data are delivered.



(3) the operator of a broadcasting license, whose broadcast is not

wholly or mainly directed only on the territory of the Czech Republic, or

the main language of the broadcast is not Czech, is obliged to deliver to the Council to

60 days from the date of entry into force of this Act, the information provided for in § 14 para. 1

(a). j) Act No. 231/2001 Coll., in the version in force from the date of acquisition

the effectiveness of this law; failure to comply with this obligation shall be deemed to

a violation of the license terms. The Council of the operator's licence of television

broadcast license shall be accompanied by the information under the first sentence within 60 days from the date of

When these data were delivered to her, and, without delay, inform the regulatory

authority of the Member State of the European Union, on whose territory the tv

broadcast wholly or mainly directed.



(4) the proceedings initiated before the date of entry into force of this Act shall be

completes in accordance with the existing legislation.



(5) the provisions of § 53a of Act No. 231/2001 Coll., in the version in force from the date of

entry into force of this Act, does not apply to programmes produced in the

the end of 2009.



PART THREE



Amendment of the Act on radio and television fees



section 22



Law No. 346/2005 Coll., on radio and television fees and

amendments to certain laws, as amended by law No 112/2006 Coll., Act No.

235/2006 Coll., Act No. 304/2007 Coll., Act No. 7/2009 Coll. and Act No.

228/2009 Coll., is amended as follows:



1. In article 2 (2). 1 the words "regardless of the method of income" shall be replaced by

"if it is distributed through the provincial radio broadcasting equipment

using radio frequencies reserved for the dissemination and transfer of

radio or television broadcast, satellite or cable

systems ".



2. In article 2 (2). 2 the words "regardless of the way income" shall be replaced by

"if it is distributed through the provincial radio broadcasting equipment

using radio frequencies reserved for the dissemination and transfer of

radio or television broadcast, satellite or cable

systems ".



3. In paragraph 2, at the end of paragraph 4, the dot is replaced by a comma and the following

the letter d), which read as follows:



"(d) technically capable) device individually optional reproduction

radio or television broadcasts only in the case if it is distributed

through the relay system referred to in § 12 para. 3 (b). (c))

Act No. 231/2001 Coll., on radio and television

broadcasting, as amended. ".



4. In section 2, the dot at the end of paragraph 4 is replaced by a comma and the following

the letter e), which reads as follows:



"e) radio or television receivers, which are an integral

part of mobile telecommunication devices. the end ".



5. § 5 para. 6, the words "those changes occurred" be replaced by "have been

These changes brought to the broadcaster of law ".



6. In article 7 (2). 5, the words "such a change" shall be replaced by "have been

These changes brought to the broadcaster of law ".



PART FOUR



Amendment of the Act on regulation of advertising



Article 23 of the



Act No. 40/1995 Coll., on regulation of advertising and amending and supplementing Act No.

468/1991 Coll., on radio and television broadcasting, in

as amended, as amended by Act No. 258/2000 Coll., Act No.

231/2001 Coll., Act No. 257/2001 Coll., Act No. 138/2002 Coll., Act No.

320/2002 Coll., Act No. 132/2003 Coll., Act No. 222/2004 Coll., Act No.

326/2004 Coll., Act No. 480/2004 Coll., Act No. 384/2005 Coll., Act No.

444/2005 Coll., Act No. 25/2006 Coll., Act No. 109/2007 Coll., Act No.

160/2007 Coll., Act No. 36/2008 Coll., Act No. 297/2008 Coll. and Act No.

281/2009 Coll., is amended as follows:



1. In article 1 (1). 3, the word "broadcaster" is replaced by "broadcast ^ 3a)

on-demand audiovisual media services ^ 3b) ". Footnote.

3A and 3b are inserted:



"3a) Act No. 231/2001 Coll., on radio and television

broadcast and amending other acts, as amended.



3B) Act No. 132/2010 Coll., on audiovisual media directive služČástka


on request and on amendments to certain acts (the Act on audiovisual

Media Services on request). ".



2. in article 2, the following paragraph 7 is added:



"(7) in a hidden advertising is not considered a product placement in the

audiovisual work or a sound recording, the image meets the

conditions laid down in ordinances, ^ ^ 3a) 3b). ".



3. In article 7 (2). 1 (b). a), the words ' tv ^ 28) "are replaced by

the words "tv ^ 3a)", for the words "in an ad released

radio and television broadcasting ", the words" and in the

audiovisual media services on demand "and the words" for

sponsorship in the radio and television broadcasting ", the words" and

in on-demand audiovisual media services ".



Footnote # 28 is deleted.



PART FIVE



Amendment of the Act on administrative fees



section 24



Act No 634/2004 Coll., on administrative fees, as amended by Act No.

217/2005 Coll., Act No. 228/2005 Coll., Act No. 361/2005 Coll., Act No.

361/2005 Coll., Act No 444/2005 Coll., Act No. 545/2005 Coll., Act No.

553/2005 Coll., Act No. 48/2006 Coll., Act No. 56/2006 Coll., Act No.

57/2006 Coll., Act No. 81/2006 Coll., Act No. 109/2006 Coll., Act No.

112/2006 Coll., Act No. 130/2006 Coll., Act No. 137/2006 Coll., Act No.

137/2006 Coll., Act No. 159/2006 Coll., Act No. 179/2006 Coll., Act No.

186/2006 Coll., Act No 215/2006 Coll., Act No. 227/2006 Coll., Act No.

227/2006 Coll., Act No. 235/2006 Coll., Act No. 309/2006 Coll., Act No.

575/2006 Coll., Act No. 106/2007 Coll., Act No. 261/2007 Coll., Act No.

269/2007 Coll., Act No. 374/2007 Coll., Act No. 379/2007 Coll., Act No.

38/2008 Coll., Act No. 130/2008 Coll., Act No. 140/2008 Coll., Act No.

182/2008 Coll., Act No. 189/2008 Coll., Act No. 230/2008 Coll., Act No.

239/2008 Coll., Act No. 254/2008 Coll., Act No. 297/2008 Coll., Act No.

297/2008 Coll., Act No. 301/2008 Coll., Act No. 309/2008 Coll., Act No.

312/2008 Coll., Act No. 382/2008 Coll., Act No. 9/2009 Coll., Act No.

41/2009 Coll., Act No. 141/2009 Coll., Act No. 197/2009 Coll., Act No.

206/2009 Coll., Act No. 227/2009 Coll., Act No. 281/2009 Coll., Act No.

291/2009 Coll., Act No. 301/2009 Coll., Act No. 346/2009 Coll. and act

No 420/2009 Coll., is amended as follows:



Under part IV of the Annex 67 Tariff provisions "subject to fee

It is not ":



"The subject of the charge is not



1. Receipt of the application for permission to operate tv

broadcast under (a)) of this item, if the request is made pursuant to §

21, art. 1 of law no 132/2010 Coll., on audiovisual media

services on request and on amendments to certain acts (the Act on

on-demand audiovisual media services).



2. acceptance of applications for amendment of the particulars referred to in subparagraph (d)) of this item,

If the change is recorded in the commercial register. ".



PART SIX



Changing the law on Czech television



§ 25



In section 3, paragraph 3. 1 of Act No. 483/1991 Coll., on the Czech television, as amended by law

No 39/2001 Coll., Act No. 127/2005 Coll. and Act No. 384/2008 Coll., in

subparagraph (k)), the words "for the hearing impaired or simultaneous interpretation into the

Czech sign language "are replaced by the words" and at least 2% of broadcast

shows produced in humour or affixes simultaneously

interpretation into the Czech sign language for people with hearing

disabilities and at least 10% by retransmitted programmes exposes for persons

the visually impaired ".



PART SEVEN



The EFFECTIVENESS of the



section 26



This Act shall take effect on the first day of the calendar month

following the date of its publication, with the exception of the provisions of § 6 (1). 4,

§ 20 section 61 and section 25, which will become effective on 1 January 2004. January 2011.



Vaidya in the r.



Klaus r.



Fischer v. r.



1) Council Directive 89/552/EEC of 3 May 1989. October 1989 on the coordination of certain

laws, regulations and administrative provisions of the Member States concerning the pursuit of

the television broadcast.



European Parliament and Council Directive 97/36/EC of 30 March 2004. June 1997,

amending Council Directive 89/552/EEC on the coordination of certain provisions

and administrative provisions of the Member States concerning the pursuit of

the television broadcast.



European Parliament and Council Directive 2007/65/EC of 11 December 1997. December

2007 amending Council Directive 89/552/EEC on the coordination of certain

laws, regulations and administrative provisions of the Member States concerning the pursuit of

the television broadcast.



2) Act No. 480/2004 Coll., on certain information society services and

on amendments to certain acts (the Act on certain services of information

the company), as amended.



3) Act No. 40/1995 Coll., on regulation of advertising and amending and supplementing Act

No. 468/1991 Coll., on radio and television broadcasting, in

as amended, as amended.



4) Article. 43 to 48 of the Treaty establishing the European Community.



5) European Parliament and Council Regulation (EC) No 2006/2004 on cooperation

between national authorities responsible for the enforcement of the laws

on the protection of consumers ' interests (regulation on cooperation in the field of the protection of

the consumer).



6) § 1 (b). k) Act No. 273/1993 Coll. on some conditions of production,

dissemination and archiving audio-visual works, amending and supplementing certain

laws and some other regulations, as amended.



7) Act No. 155/1998 Coll., on the communications systems of the deaf and

DeafBlind people, as amended by law No 388/2008 Sb.



8) § 46 of Act No. 231/2001 Coll., on radio and

television broadcasts and amending other laws, as amended

regulations.



9) § 66a of Act No. 513/1991 Coll., the commercial code, as amended

regulations.



10) § 5 (b). x) of Act No. 231/2001 Coll., as amended by Act No. 132/2010

SB.



11) § 2 (2). 2 of the commercial code.



12) Article. 3 (b). b) European Parliament and Council Regulation (EC) No.

2006/2004 on cooperation between national authorities responsible for the

enforcement of consumer protection laws (the regulation on

cooperation in the field of consumer protection).



13) Article. 3 (b). k) European Parliament and Council Regulation (EC) No.

2006/2004 on cooperation between national authorities responsible for the

enforcement of consumer protection laws (the regulation on

cooperation in the field of consumer protection).