39/2001 Sb.
LAW
of 23 December 2003. January 2001,
amending Act No. 483/1991 Coll., on the Czech television, as amended by
amended, and on amendments to certain other laws
Change: 41/2004 Sb.
Parliament has passed the following Act of the United States:
PART THE FIRST
Amendment of the Act No. 483/1991 Coll., on the Czech television, as amended
the laws of the
Article. (I)
Act No. 483/1991 Coll., on the Czech television, as amended by Act No. 36/1993
Coll., Act No. 253/1994 Coll. and Act No. 301/1995 Coll., is amended as follows:
1. In article 1 (1). 2, the third sentence shall be deleted.
2. sections 2 and 3, including the footnotes No. 1a) and 1b) are added:
"§ 2
(1) the Czech Television provides a service to the public by creating and disseminating
television programs throughout the territory of the Czech Republic (hereinafter referred to as "public
in the area of television broadcasting service ").
(2) the main tasks of the public service in the broadcasting sector are
in particular, the
and the provision of objective, verified), on the whole, balanced and
versatile information for free creating views
(b) contributing to the legal consciousness) of the population of the Czech Republic,
c) production and dissemination of programmes and the provision of a balanced menu shows
for all groups of the population with regard to their religious freedom
religion, culture, ethnic or national origin, the national
identity, social origin, age, and gender, so that these programs and
the shows reflect the diversity of opinions and political, religious,
the philosophical and artistic movements, in order to strengthen the mutual
understanding and tolerance and promoting the coherence of the pluralistic society,
(d) the development of the cultural identity of the inhabitants of) the United States, including
members of national or ethnic minorities,
e) production and broadcasting in particular, news, current affairs,
documentary, dramatic, artistic, sporting, entertainment and
educational programmes and programmes for children and youth.
§ 3
(1) the Czech Republic fulfils the public service television
broadcast, in particular by
and two television) operates a nationwide television programs
using part of the frequency spectrum towards the territory of the United
States through a land-based broadcast radio equipment,
where appropriate, the other technical means,
(b)) establishes a network of own newsletters,
(c)) in the field of news and current affairs programmes provides
regional broadcasting via television studies for the territory of their
the scope of the. Regional tv Studio broadcast each must
balanced contributions from the entire territory of its scope. Time
the range of regional broadcasting news and current affairs programmes
accounts for at least 25 minutes a day. In television studies established under section 9 of the
paragraph. 8 can be temporarily fixed less time such a broadcast,
d) creates archives, keeps them involved in their use of
as part of the national cultural heritage,
e) supports the Czech film production,
f) broadcasts works of domestic and foreign production,
g) provides at least one programme broadcast a 24-hour
program service, including current news,
h) provides teletext services,
I) provides at least 70% of broadcast shows hidden or open
subtitles for the hearing impaired or simultaneous interpretation into sign
speech,
j) operates in the fields of new broadcasting technologies and services.
(2) a State authority, which carries out the management of the frequency spectrum by
a special legal regulation, "^ 1a) reserved for the Czech television frequencies
allowing the television broadcasting to the extent provided in
paragraph 1 (b). and).
(3) the Nationwide television program means a television program whose
broadcasting can receive at least 70% of the Czech population calculated
According to the data resulting from the last census. ^ 1b)
1A) Act No. 151/2000 Coll. on telecommunications and amending other laws.
1B) § 12 para. 2 of Act No. 89/1995 Coll., on State statistical service. ".
3. In section 4, paragraph 4. 1 the first sentence, the words ' the production and dissemination of programmes "
shall be replaced by "activities" in the second sentence, the word "nine" is replaced by
the numeral "15" and in the third sentence, the words "the Czech National Council,"
replaced by the words "the Chamber of deputies of Parliament of the Czech Republic (hereinafter referred to
"Chamber of Deputies") ".
4. In section 4, paragraph 1, the following new paragraphs 2 and 3, including the
footnote 1 c) shall be added:
"(2) the proposals of candidates for the members of the Council shall be submitted to the Chamber of Deputies
organisations and associations representing cultural, regional, social,
trade unions, employers, religious, educational, scientific, ecological,
and national interests. Proposals may be submitted within 15 days from the date of
publication of the call of the President of the Chamber of deputies to submit proposals
in the manner prescribed by resolution of the Chamber of Deputies.
(3) a member of the Council can be elected citizen of the Czech Republic, which
a) is competent to perform legal acts,
(b)) has a permanent residence in the territory of the Czech Republic, and
(c)) is blameless; for integrity is not the one who was lawfully
convicted of a crime committed intentionally, if his conviction for
This offence was not zahlazeno to him or for any other reason
It does not look as if he has been convicted, and one who does not meet the requirements referred to in
Special Act. ^ 1 c)
1 c) Act No. 451/1991 Coll., laying down some other assumptions
to perform certain functions in State bodies and organizations of the Czech and
Slovak Federal Republic, the Czech Republic and the Slovak Republic,
as amended. ".
Paragraphs 2 to 5 shall become paragraphs 4 to 7.
5. In section 4, paragraph 4 reads:
"(4) the members of the Council shall be elected from among the candidates proposed pursuant to paragraph 2,
and for a term of 6 years, with every 2 years is chosen one
one third of the members; they may be re-elected. On the space uprázdněná from another
reason, than for the expiration of the term are elected new members to the
the time remaining until the end of the term of the Member whose place is
uprázdnilo; If this time is less than 1 year, limiting options
renewed does not apply. In the case of an Appeal Board under section 6 (1). 3 and
the subsequent election of all the members of the Council the Council at its first meeting shall determine by lot the
5 members of the Council with the term of 2 years, 5 members of the Council with the term of
4 years and 5 of the Council members with a term of 6 years. ".
6. In section 4, paragraph 4. 5, the words "of the Czech National Council" shall be replaced by
"Chamber of Deputies".
7. in section 4, paragraph 4. 6 the second sentence, the words "the Bureau of the Czech National Council"
replaced by the words "Chamber of Deputies".
8. in section 5, paragraph 1 reads:
"(1) the membership of the Council is incompatible with the function of President of the Republic,
a Deputy or Senator, Member of the Government, a judge, a Prosecutor, a member of the
The Supreme Audit Office, Member of the Bank Board of the Czech National Bank,
with any of the functions in the public administration, with the function of Member of the Council of the Czech
Republic for radio and television broadcasting, Member of the Council of the Czech
radio, a member of the Council of the Czech news agency, with the function of the
Director of Czech radio and with the functions of the Supervisory Commission of the Czech
tv or member of the Supervisory Commission of the Czech Radio. ".
9. in section 5, paragraph 2 reads as follows:
"(2) The Council shall not hold any function in political parties or
in political movements, social organizations and associations,
citizens ' initiatives, etc., nor must it act on their behalf, or
to act in their favour or in favour of other group interests when
performance of his duties in the Council; It must also not be a member of the companies that
active in the field of mass media, or represent the
business interests, which might be in conflict with the performance of his functions, or
could adversely affect his impartiality and objectivity
decision making. With the exception of cash payments in connection with the
the performance of a function under this Act, must not be a Board Member, or a person to him
nearby, 3) none of the property benefits from the operation of the tv
the broadcast. ".
10. in paragraph 5, the following paragraph 3 is added:
"(3) a member of the Council or the person he blízké3) must not be in employment
or other similar relationship to the Czech television, even two years after the
termination of membership in the Council. ".
11. In paragraph 6 (1). 1 (b)):
"(b)) the date immediately following the date of receipt in writing by
resignation to the President of the Chamber of Deputies, ".
12. in section 6 (1). 1 letter d) is added:
"(d)) the date on which the Council has ceased to meet the conditions for election to the
a member of the Council as set out in section 4, paragraph 4. 3. "
13. in section 6 paragraphs 2 and 3 shall be added:
"(2) a member of the Council of the Chamber of Deputies revokes function
and if stopped) meet the prerequisites for becoming a member of the Council
laid down in paragraph 5,
(b)) to seriously undermine the dignity of a member of the Council or of the
committed to such actions, which calls into question his independence
or impartiality in the performance of the functions of a Council Member,
(c) if he does not pursue) for more than 3 months.
(3) the Chamber of Deputies may appeal the Council, if the Council fails to fulfil its repeatedly
the obligations established by this Act, or if the Chamber of Deputies
twice in a row does not approve an annual report on the activities of the Czech television, or
Annual report on the management of Czech television. ".
14. in paragraph 7 of the text at the end of paragraph 2, the words ", with the exception of
decisions on the appointment and dismissal of the Director-General of the Czech television
(hereinafter referred to as "the Director General"), which is required at least 10 votes
members of the Council ".
15. In paragraph 7, the following paragraphs 3 and 4, including footnote
No. 3a) are added:
"(3) the meetings of the Council shall be public. The public may be based on the resolution of the
The Council of the entire acts or of its parts excluded, if they are discussed
fact protected under special legislation. ^ 3a) the person
that distorts the public hearing, the Chairperson may admonish and
repeated public hearing report of meeting space.
(4) the meetings of the Council takes a President write, part of which are not
fact, protected by special legal regulations. The minutes of the
meetings of the Council, approved the documents referred to in section 8, where appropriate, the Council resolution on
the exclusion of the public from its conduct must be no later than 3 days from the
date of Board meeting available manner allowing remote access.
for example, section 3A) 17 to 20 of the commercial code, Act No. 148/1998 Coll., on
protection of classified information and on the amendment to certain acts, as amended by
amended, Act No. 101/2000 Coll., on the protection of personal data and
on the amendment to certain acts, as amended by Act No 227/2000 Coll. ".
16. in § 8 para. 1, letter a) is added:
") to appoint or remove the Chief Executive and his proposal from the Director
television studies at Czech Television ("tv");
decision on the appeal in writing to the Director-General must be justified by the
and at the latest within 7 days from the date of its delivery to the Director
published by the Council in a manner allowing remote access, ".
17. in § 8 para. 1 at the end of the text of the letter b), the words "and
control the implementation of the budget of the Czech television ".
18. in § 8 para. 1 letter c) is added:
"(c)) on a proposal from the Director to approve the Statute of the Czech television,".
19. in § 8 para. 1, letter c) the following point (d)), including
footnote No. 3b):
"(d)) to submit to the Chamber of Deputies for approval code of Czech television,
which lays down the principles the fulfilment of public service television
broadcast; violations of the code of Czech television is regarded as a violation of
discipline by a special Act, ^ 3b)
3B) Act No. 65/1965 Coll., the labour code, as amended
regulations. ".
Subparagraph (d)) and e) shall become letters (e)), and (f)).
20. In § 8 para. 1 letter e) is added:
"e) to approve the proposals of the Director General for the establishment or revocation of
television studies (§ 9 para. 8) and proposals referred to in § 9 para. 7, ".
21. in § 8 para. 1 (b). (f)), after the words "relating to" the following Word
"the General".
22. in § 8 para. 1 at the end of the text of the letters f) dot is replaced by a comma and
the following points (g) to (j))) are added:
"g) to oversee the performance of the tasks of public service television
broadcasts (article 2 and 3) and to the fulfilment of the principles resulting from the code of the United
tv and, to that end, formulate opinions and recommendations concerning the
program offerings,
h) approve long-term plans of the programme, technical and economic
development,
I set up the Supervisory Commission) (§ 8a) and fix the amount of the remuneration of the members of the supervisory
the Commission (section 8a (7)),
(j)) to determine the salary of the Director General. ".
23. In article 8, paragraphs 2 and 3 shall be added:
"(2) the Council shall submit to the Chamber of Deputies an annual report on the activities of the United
tv to 31. March immediately following the calendar year, and
The annual report on the management of the Czech television until 31 December 2006. August immediately
the following calendar year. These annual reports shall be
not later than 3 days from the date of approval by the Council stated the way
allowing remote access.
(3) the costs of the activities of the Council and on the remuneration of its members, as well as costs
the activities of the Supervisory Commission and on the remuneration of its members, shall be financed from the Special
appropriations Czech television. ".
24. In paragraph 8, the following paragraph 4 is added:
"(4) the Council and its members shall not directly intervene in the creation and broadcast of
television shows. ".
25. in paragraph 8, the following new section 8a, which including the title reads as follows:
"§ 8a
The Supervisory Commission
(1) the Supervisory Commission is an advisory body of the Council in matters of control
management of the Czech television. Its task is to monitor whether they are practical and
efficiently used by the funds and property of Czech television.
The Supervisory Commission shall notify the Council of the deficiencies observed and
submit proposals to remove them.
(2) the Supervisory Commission shall have five members, who are elected and dismissed by the Council.
Member of the Supervisory Commission is a public function. ^ 2)
(3) the members of the Supervisory Board are elected for a term of 2 years, and even
again, but not for more than 2 consecutive terms of Office. For
the election of a member of the Supervisory Board of the Commission and for the performance of this function applies
the assumptions set out in section 4, paragraph 4. 3 and section 5 apply mutatis mutandis. For the demise of the function
Member of the Supervisory Commission shall apply mutatis mutandis to section 6 (1). 1 and 2.
(4) the Supervisory Commission elect from among its members and recalls its Chairman and
Vice-Chairman, representing the Chairman of the Supervisory Board meetings including the management
of the Commission. The Supervisory Commission also adopts its rules of procedure.
(5) the Supervisory Commission shall meet whenever requested in writing at least 2 of the
its members at least once in each calendar month. The negotiations
the Supervisory Commission shall not be public, and the President is obliged to take out
each meeting registration.
(6) the Commission's Supervisory Board is quorate with the presence of the President or
Vice-Presidents and at least 2 other members; a resolution adopted by a majority
votes of members present, in case of equality of votes
the presiding.
(7) the amount of the remuneration of the members of the Supervisory Board of the Commission the Council shall determine.
(8) the members of the Supervisory Commission may consult all documents, accounting
documents related to accounting and records on data carriers of the Czech
television and require written explanations from the employees of the Czech
television. Czech Television employees are required to provide to the members
the Supervisory Commission copies of the requested documents, accounting documents
associated with the accounts or records of the Czech television, as well as
required explanation.
(9) on the facts established in the performance checks are members of the supervisory
the Commission must maintain confidentiality, if they were not this obligation
exempted from the President of the Council. Obligation of confidentiality shall survive the termination of
the function of the Supervisory Commission.
(10) the Supervisory Commission shall report in writing to the Council on its activities for each
calendar quarter by the 10th day of the second month after the end of
quarter. As the basis for an annual report on the management of the Czech television
the Supervisory Commission shall transmit to the Council its analysis of the Czech economy
tv always to 30. June immediately following calendar
year. ".
26. section 9, including title and footnote No. 3 c) is added:
"section 9
The Director-General
(1) the statutory body of the Czech Television's Chief Executive. At the time of
absence represents the Director's authorized representative.
(2) from its activities is the responsibility of the Council and the Director-General has the right to
attend its meetings.
(3) The Director General shall apply the provisions of the labour code,
unless otherwise provided by this Act.
(4) the Director General shall be appointed by the Council from among the candidates meeting the
requirements laid down in section 4, paragraph 4. 3 on the basis of the results of the selection procedure for the
the term of Office of 6 years.
(5) For the performance of the functions of the Director are valid assumptions laid down in the
§ 5 para. 1 and 2 accordingly.
(6) the Director may be removed from Office by the Council, in particular the
fails to Czech Television repeatedly public service tasks in the field of
television broadcast under this Act (sections 2 and 3) or obligations
resulting from specific legislation ^ 3 c) or if it does not
their programmes, the principles of the code, the Czech television. The Council revokes the
the Director, if the Director violates its obligations
provided by law or the statutes of the Czech television, or if it stops
meet the conditions for the performance of functions provided for in this law.
(7) to the letting of immovable property for a period exceeding 3 months or to dispose of,
where appropriate, the load of real estate or their parts needs General
the Director of the Council's prior consent, otherwise the act invalid.
(8) the Director-General with the previous consent of the Council, and shall be repealed;
television studios with the exception of the Television Studio and the Tv
Studio Ostrava.
(9) in the cases provided for in the Statute of the General Director of Czech television
appoints and dismisses the head of Czech Television staff in consultation with the
By the Council.
(10) the directors of the television studios and the persons referred to in paragraph 9 shall
comply with the requirements laid down in section 4, paragraph 4. 3 (b). (c)).
(11) if the Director General of the surrender or function from a function
revoked, or if the Office of the Director-General to the expiration of
term of Office, or as a result of his death, the Board shall appoint an interim
Director of Czech Television (hereinafter referred to as "interim Director"), who shall exercise the
as Director pending the appointment of the new Chief
the Director. The new Director-General, the Council is obliged to designate the
not later than 3 months from the date on which the General function is released
the Director.
(12) The interim Director shall apply, mutatis mutandis, paragraphs 1 to 9.
3 c) for example, Act No. 468/1991 Coll., on radio and
of television broadcasting activities, as amended, law No. 40/1995
Coll., on regulation of advertising and amending and supplementing Act No. 468/1991 Coll., on the
the operation of radio and television broadcasting, as subsequently amended
the regulations, as amended by Act No. 258/2000 Coll. ".
27. in section 10), including footnotes, no 3d):
"and) tv charges levied by a special legal regulation, ^ 3d)
3D) Act No. 249/1994 Coll., on radio and television fees in
amended by Act No. 138/1997 ".
28. in section 11 (1) 1 the first sentence, the word "mission" shall be replaced by
"tasks" and the second sentence shall be deleted.
29. in section 11 paragraph 2 reads as follows:
"(2) the financial resources used by Czech television to carry out its tasks in accordance with
§ 2 and 3. ".
30. in § 12 para. 1, the words "in particular the tv studio Prague, ' shall be deleted and the
the words "§ 8 para. 1 (b). (d)) of this Act "are replaced by the words" § 9
paragraph. 8. "
31. in § 12 para. 2 the second sentence after the word "responsible" shall be replaced
"the General".
32. In section 12 paragraph 3 reads:
"(3) tv studios are within the framework of its activities in accordance with similar permissions
§ 3 para. 1 with the exception of letters and), and (g)). ".
33. In article 12, the following paragraph 4 is added:
"(4) the share of television studies on national broadcast
circuits must be at least 20% of the total broadcasting time of the Czech
television in the monthly total. ".
34. In paragraph 13, the text "(sections 2 and 3)" adds a period and the words "and obligations
and privileges established by the operators of the Act. 4) "including notes
footnote 4) are repealed.
Article II
Transitional provisions
1. the members of the Czech Television Council to be chosen before the date of entry into force of
This Act terminates membership in the Council of the Czech television on the day when this
the law takes effect. The Chamber of deputies elect new members of the Board of the Czech
tv within 60 days after the expiry of the deadline for submission of proposals. From
elected members of the Czech Television Council at their first meeting, shall determine by lot the
who have a term of Office of 2, 4 and 6 years of age.
2. From the date of entry into force of this Act, to the election of at least 10 members
The Czech Television Council is the Chamber of Deputies shall be entitled to revoke
General Director of Czech television.
3. at the time of the appeal of the General Director of Czech Television referred to in point 2
the appointment of a new Director-General of the Czech Television Council of the United
television carries out the scope of the General Director of Czech television
Interim Director of Czech Television an elected Chamber of Deputies.
PART TWO
Amendment of the Act No. 468/1991 Coll., on radio and television
broadcasting, as amended
Article. (III)
In Act No. 468/1991 Coll., on radio and television
broadcasting, as amended by Act No. 597/1992 Coll., Act No. 36/1993 Coll.
Act No. 253/1994 Coll., Act No. 40/1995 Coll., Act No. 237/1995 Coll.
Act No. 301/1995 Coll., Act No. 135/1997 Coll., Act No. 46/2000 Coll. and
Act No. 121/2000 Coll., section 9, including footnote 6) is repealed.
PART THREE
Amendment of the Act No. 90/1995 Coll., on rules of procedure of the Chamber of Deputies, in the
amended by Act No. 47/2000 Sb.
Article IV
Act No. 90/1995 Coll., on rules of procedure of the Chamber of Deputies, as amended by
Act No. 47/2000 is amended as follows:
1. In paragraph 32, the words "Organizing Committee", the words "election
the Committee ".
2. the following section is inserted after section 46 46a, which reads as follows:
"section 46a
The Electoral Committee
(1) for the purposes of the election of members of the Czech Television Council (hereinafter referred to as "the Board") is hereby set up
The Chamber of Deputies Election Committee, the members shall elect from the members pursuant to
the principle of proportional representation.
(2) if the number of candidates proposed by authorized organizations and
associations, more than three times the number of members of the Council is to be
elected, the Electoral Committee shall assess the proposals and proposed candidate
meeting the requirements laid down in this law for the option
The Chamber of Deputies candidates in a number of corresponding to three times the number of
members of the Council, who are to be elected. If the number of candidates
designed by authorized organizations and associations of higher than three times the
members of the Council, who are to be elected, the Electoral Committee shall submit to the Chamber of Deputies
the House to the choice of all proposed candidates complying with the requirements laid down in
of this Act.
(3) details of the procedure modifies the Chamber of Deputies, the resolution
which also determines to what extent the procedure referred to in paragraphs 1 and 2
It's the electoral regulations (Appendix 2). ".
PART FOUR
Amendment to Act No. 106/1999 Coll., on free access to information, in
as amended
Article. In
In Act No. 106/1999 Coll., on free access to information, as
Act No. 101/2000 Coll. and Act No. 155/2000 Coll., in § 2 (2). 1 for
the words "local authorities", the words "and public institutions
managing public funds ".
PART FIVE
cancelled
Čl.VI
cancelled
PART SIX
The EFFECTIVENESS of the
Article. (VII)
This Act shall take effect on the date of publication.
Klaus r.
Havel, v. r.
Zeman in r.
