206/2005 Sb.
LAW
of 3 July 2003. May 2005
on the protection of certain services in the field of radio and television
broadcasting and information society services
Change: 281/2009 Sb.
Parliament has passed the following Act of the United States:
§ 1
The subject of the edit
This Act regulates in accordance with the law of the European Communities ^ 1)
the protection of certain services in the field of radio and television broadcasting
and information society services.
§ 2
For the purposes of this Act shall mean:
protected service) any of the following services provided for the
remuneration and on the basis of conditional access:
-radio and television broadcasting ^ 2)
-information society service ^ 3)
or the provision of conditional access to the above services, if it is
provided as a stand-alone service,
(b) conditional access) any technical measures or arrangements,
technical measures and arrangements, where appropriate, to provide access to the protected
service in an intelligible form conditional subscription or other form of
the prior permission of the individual,
c) conditional access device any device or program
proposed or taken for the purpose of facilitating access to a protected service in
intelligible form,
(d)) that is assigned by the installation, maintenance or replacement of equipment
conditional access, as well as the provision of commercial communications ^ 3) in
relation to the associated services or to protected services,
e) illicit device any device or program designed or
taken to enable access to a protected service in an intelligible
the form without the consent of the provider of the protected services.
§ 3
(1) it is prohibited to
a) for business purposes manufacture, import, distribute, sell, rent
or keep a record of illicit devices,
(b)) for business purposes to perform installation, maintenance or replacement
illicit devices,
(c) promote) directly or indirectly in any way illegal
device.
(2) without prejudice to the provisions of § 3 para. 1, cannot be reduced
and) the provision of protected services, or associated services, which the countries
the origin of the Czech Republic, is not
(b)) the free movement of conditional access devices.
Administrative offences
§ 4
(1) a natural person has committed the offence by
and for commercial purposes) produced, imported, spreads, sells, rents or
holding any illicit device,
(b)) for business purposes performs the installation, maintenance or replacement
illicit devices,
c) directly or indirectly in any way promotes illegal
device.
(2) for the offense referred to in paragraph 1 (b). and you can impose a fine to) 2 000
EUR and for the offense referred to in paragraph 1 (b). (b)), and (c)) can impose a fine
up to 500 000 CZK.
§ 5
(1) a legal person commits an administrative offense that:
and for commercial purposes) produced, imported, spreads, sells, rents or
holding any illicit device,
(b)) for business purposes performs the installation, maintenance or replacement
illicit devices,
c) directly or indirectly in any way promotes illegal
device.
(2) an administrative offence referred to in paragraph 1 (b). and) saves a penalty of up to 2
000 000 CZK for the administrative offence referred to in paragraph 1 (b). (b)), and (c)) will be saved
a fine of up to 500 000 CZK.
(3) for the administrative offence referred to in paragraph 1 may be imposed on a legal person
at the same time confiscating things, if this thing belongs to her and if she was to
committing an administrative offense intended or used. The owner of the forfeited things
becomes a State.
§ 6
(1) in proceedings for the offences shall be treated according to a special legal
prescription ^ 4).
(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
the obligation to prevent.
(3) in determining the amount of the fine on a legal person shall take account of the seriousness of the
the administrative offense, in particular, the way a criminal offence and its consequences, and
the circumstances under which it was committed.
(4) the liability of a legal person for an administrative offense shall cease, if the
an administrative office about him has not initiated 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 administrative offences, which occurred when the business
^ 5) natural persons or in direct connection with it shall be subject to the provisions of
This law on liability of legal persons and sanctions.
(6) administrative offences and offences under this Act shall discuss Czech
Telecommunications Office.
(7) the administrative authorities shall notify without undue delay the Czech
Telecommunications Authority of administrative offenses referred to in § 4 and 5, which
becomes aware. The notification shall indicate, in particular, evidence of which they are
known and to demonstrate that it is an administrative offence and that it was committed
a particular person.
(8) the Fines collected and enforced by the Czech Telecommunication Office.
(9) income from fines is the State budget revenue.
§ 7
The effectiveness of the
This Act shall take effect on 1 January 2000. June 2005.
Fort Worth Star Telegram in r.
Klaus r.
Paroubek in r.
1) directive of the European Parliament and of the Council of 20 March 2000. November 1998 No.
98/84/EC on the legal protection of conditional access services and services
or consisting of, conditional access.
2) Act No. 231/2001 Coll., on radio and television
broadcast and amending other acts, as amended.
3) Act No. 480/2004 Coll., on certain information society services and
amending other laws (law on certain services of information
the company).
4) Act No. 200/1990 Coll. on offences, as amended.
5) § 2 (2). 2 of the commercial code.
