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).
