341/2004 Sb.
LAW
from day 4. in May 2004,
amending Act No. 231/2001 Coll., on radio and
television broadcasts and amending other laws, as amended
the laws of the
Parliament has passed the following Act of the United States:
Article. (I)
Act No. 231/2001 Coll., on radio and television
broadcast and amending other laws, as amended by Act No. 309/2002 Coll. and the
Act No. 274/2003 Coll., is amended as follows:
1. In article 2 (2). the letter l) and m) are added:
"l) advertising any public announcement broadcast in return for payment or other
consideration or broadcast for self promotion of the operator
broadcast, intended to promote the sale, purchase or rental of products or
services, including immovable property, rights and obligations,
m) hidden advertising word in words or pictures of goods, services,
trade names, trade marks or activities of a producer of goods or
service provider, referred to by a broadcaster in the show, that
does not have the character of advertising and teleshopping, if this presentation is intentionally
monitors advertising target and may mislead the public about the nature of this
the presentation; such a presentation is considered to be intentional in particular if
It occurs in return for payment or for similar consideration. "
2. In article 2 (2). 1 (b). n) after the word "goods", the words ", and it
including immovable property, rights and obligations, "and after the word" services "
following the comma.
3. In article 2 (2). 1 (b). about), the term "Trademarks" shall be replaced by
"the graphic symbol (logo), or of the trade mark".
4. in section 3, paragraphs 2 to 4, including footnote No. 4a) are added:
"(2) The legal or natural person, who is not referred to in paragraph 1
and operates a television broadcasting or undertaken by the tv, the
This law applies, if it can be regarded as established in the Czech Republic
in accordance with paragraphs 3, 4, or 5.
(3) a legal or natural person is deemed to be established in the United
Republic, if
and has its registered office or place of) business ^ 4a) in the Czech Republic and decides on
the composition of a tv program in the Czech Republic, or
(b)) has its registered office or place of business in the Czech Republic and about the song
the tv program is decided in another Member State of the European
the community or vice versa, if the
1. a significant portion of its staff carries out activities related to the
television broadcasting in the Czech Republic, or
2. a significant portion of its staff carries out activities related to the
television broadcasting in the Czech Republic, so in that
another Member State of the European communities, provided that it is situated
or place of business in the Czech Republic, or
3. television broadcasting for the first time launched in the Czech Republic
According to the Czech law and is able to demonstrate sustained and real
participation in the economic life in the Czech Republic, where a significant portion of
its employees from conducting activities related to the operation of
television broadcasting in the Czech Republic, or in that other Member
State of the European communities, or
(c)) has its registered office or place of business in the Czech Republic and about the song
the tv program is decided in a State which is not a Member State
Of the European communities or, conversely, if a significant part of its
the staff carries out activities related to television
broadcasting in the Czech Republic.
(4) If no legal or natural person can be considered as established in
The Czech Republic or in a Member State of the European communities
pursuant to paragraph 3, this law applies to it, if the tv
broadcast or taken over tv broadcasting uses
and the frequency allocated by the Czech Republic), or
(b)) the satellite, whose position on the orbit, it is for the Czech Republic,
If it does not use a frequency allocated by the Czech Republic or other
the Member State of the European communities, or
c) upward signal transmitted to the satellite from the territory of the United States, if
does not use a frequency allocated by the Czech Republic or another Member
State of the European communities, or a satellite whose orbital position
the track belongs to the Czech Republic or other Member State of the European
the community.
4A) § 2 (2). 3 of the commercial code. ".
5. In section 3, the following paragraph 5, including footnote # 4b)
added:
"(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 or in a Member State of the European
the Community referred to in paragraph 3, or does not meet in the Czech Republic or in
another Member State of the European communities of any of the conditions referred to in
paragraph 4 of this law shall apply only if it can be considered as
established in the Czech Republic according to the Treaty establishing the European
^ 4b) community.
4B) Article. 43 and following of the Treaty establishing the European Community
announced in the official journal of the European Communities No C 340 of 10 March.
November 1997. ".
6. in paragraph 3, the following new paragraph 3a, including the title and notes
line no. 4 c) and 4 d) is added:
' section 3a
Prerequisites for participating in the proceedings for the grant of a license to operate a broadcast
and in the registration proceedings taken over broadcast
(1) a prerequisite to legal person obtained a license or
registration is that it meets the conditions for doing business in the United
Republic special legislation. ^ 4 c)-if the legal person Has legal
the form of a public limited company, its shares must be name.
(2) a prerequisite to ensure that a natural person licensed or
registration, is that it has the full capacity to perform legal acts and meets the
the conditions for doing business in the Czech Republic a special legal
^ provision. 4 c)
(3) If a person referred to in paragraph 2, a foreign person, ^ 4 d) that does not have
organizational folder in the Czech Republic or permanent residence, is required to
appoint a representative in the Czech Republic's, authorized to act for her in the
matters governed by this law.
4 c) commercial code.
4 d) § 21 para. 1, 2, 4 and 5, of section 22 and the following commercial code. ".
7. § 12 para. 8 the second and third sentences with the word "on" is replaced by
"o".
8. In article 12, the following paragraph 13, which read as follows:
"(1) extension of the period of validity of the licence by the Council referred to in paragraph 8 has
the same legal effects as the Council's decision on granting the license. The provisions of the
paragraph 8 shall remain unaffected. ".
9. In § 13 para. 3 (b). a), the words "bankruptcy or" shall be deleted.
10. In § 14 para. 1 (b). and the second sentence, the words) "(if assigned)
otherwise "shall be replaced by" or ", the words" address of his residence on the territory
The United States "shall be replaced by the words" place of residence "and the word
"permanent" shall be deleted.
11. in § 14 para. 1 (b). (b) the second sentence, the words) "folder in the Czech
States, "shall be replaced by" folder that is entered in the commercial
register under a special legal regulation, ^ 9a) ", the words" (if there was
allocated), otherwise "shall be replaced by the word" or "and the words" address of its
stay on the territory of the United States, "shall be replaced by the words" place of residence;
If a representative is appointed, it must also contain the name, surname and
place of residence, ".
Footnote No. 9a):
"9a) § 21 para. 4 and 5 of the commercial code. ".
12. in § 14 para. 1 (b). (d)), the word "property" is replaced by
"capital".
13. in paragraph 19, the words "an appeal to the Court ' shall be deleted, the words
"the decision" with the words "an action under the Special
legal regulation of ^ 9b) "and the words"; an appeal court decides
within 60 days "shall be deleted.
Footnote # 9b):
"9b) section 65 and following of Act No. 150/2002 Coll., the administrative court rules.".
14. in section 21 para. 1 (b). (e)), the word "property" is replaced by
"capital".
15. in section 22 para. 2, the number "30" are replaced by the number "60".
16. in § 32 para. 1 (b). (h)), the words "and is broadcast outside the period referred to in
(g)) "shall be deleted.
17. in § 45 para. 1 (b). a), the words "problem" are replaced by
the words "local broadcasts".
18. in § 46 para. 2 of the introductory part of the provisions, the word "permanent" be deleted.
19. in § 48 para. 1 (b). (f)), after the word "ads", the words "and
teleshopping ".
20. In § 48 para. 1 the letter g) is added:
"g) hidden and subliminal advertising and teleshopping".
21. in § 48 para. 1, letter g) the following point (h)), which read as follows:
"h) advertising and teleshopping that contains the subliminal communication".
Letter h) is referred to as the letter i).
22. in paragraph 48, the dot at the end of paragraph 1 is replaced by a comma and the following
the letters j and k)) are added:
"j) advertising and teleshopping attacking the faith and religion or political
or other opinion,
advertising and teleshopping to) containing the discrimination based on sex,
race, colour, language, national or social origin, or
membership of a national or ethnic minority. ".
23. § 48 para. 4 introductory part of the text, the words "advertising and teleshopping '
shall be deleted.
24. In § 48 para. 4 the beginning of the text), the words and letters
"advertising and teleshopping".
25. In § 48 para. 4 (b)):
"(b)) and teleshoppingové ads spots have been aired in blocks between the principle
individual shows and isolated advertising spots and teleshoppingové were
assigned to broadcast only in exceptional cases; This does not apply for the radio
the broadcast ".
26. in § 48 para. 4 the beginning of the text of the letters c) and (d)), the words
"advertising and teleshopping".
27. in § 48 para. 5, after the words "advertisement" and the words
"the advertiser", the words "and teleshopping".
28. in paragraph 48, paragraph 7 shall be deleted.
29. in § 49 paragraph 1. 1 the term "teleshopping" is replaced by
"teleshoppingové spots".
30. In § 49 paragraph 1. 2 the first sentence, the word "teleshopping" is replaced by
"teleshoppingovými spots".
31. in § 49 paragraph 1. 3 the first and third sentences with the word "teleshopping"
replaced by the words "teleshoppingovými spots".
32. In § 49 paragraph 1. 4 sentences first and second, the word "teleshopping"
replaced by the words "teleshoppingovými spots".
33. In § 50 para. 1 the second sentence, the word "teleshopping" is replaced by
"teleshopping spots".
34. In § 50 para. 2, the words "with the exception of teleshopping broadcasts
coherent set of teleshopping programmes ' shall be replaced by
"teleshopping spots".
35. In § 50 para. 3, the word "teleshopping" is replaced by
"teleshoppingovým šotům".
36. In § 50 paragraph 6 is added:
"(6) Continuous teleshoppingové shows last for without a break of at least 15
minutes. The operator of a licensed broadcaster may in the program,
that is not dedicated exclusively to teleshopping broadcast continuous
teleshoppingové shows beyond broadcast commercials and time limits
teleshopping spots in accordance with paragraphs 2 and 3. ".
37. In § 53 para. 1, in the first sentence the words "trade name" are replaced by
the words "business name" and the second sentence shall be deleted.
38. In § 53 para. 3, the words "of products, their car or the provision of
the services may not be advertised according to the law "are replaced by
the words "or the sale of tobacco or tobacco products ^ 11)".
Footnote 11):
"11) § 2 (b). in) Act No. 110/1997 Coll. on foodstuffs and tobacco
products and amending and supplementing certain related laws, as amended by
Act No. 308/2000 Coll. ".
39. In § 61 para. 6, the words "is subject to appeal to the Court."
replaced by the words "to bring a legal action under a special legal
prescription. ^ 9b) making the application shall have suspensive effect. The Court shall decide on the action
within the time limit of 90 days. ".
40. In article 65, paragraph 1 reads:
"(1) against a decision of the Council under section 63 and 64 may be lodged within 30 days
from the date of notification of the decision of an action under a special legal
prescription. ^ 9b) making the application shall have suspensive effect. The Court shall decide on the action
within the time limit of 90 days. ".
41. In paragraph 66, second sentence, the words "an appeal to the Court. '
the words "action under special legislation. ^ 9b) making the application has
suspensory effect. The Court shall decide on the action within 90 days. ".
42. in paragraph 66, the following new section 66a, which reads as follows:
"§ 66a
Unless otherwise provided in this Act, the procedure in the regulation of advertising by
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. ".
Article II
This Act shall take effect on the date of its publication.
Fort Worth Star Telegram in r.
Klaus r.
Spidla in r.