Rules Of Procedure For The Executive Order On Radio And Television Board

Original Language Title: Bekendtgørelse om forretningsorden for Radio- og tv-nævnet

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Notice of rules of procedure for Radio and tv-nævnet1)

Under section 39 (2) and section 40, paragraph 6, of the law on broadcasting, see. lovbekendtgørelse nr. 827 of 26. August 2009, as amended by Act No. 1269 16. December 2009, fixed:

Radio and television Board's organisation

§ 1. The Broadcasting Board consists of 8 members, who are appointed by the Minister of culture. The Minister of culture shall appoint 7 members, including the Chairman and Deputy Chairman, while the cooperation forum for Danish Listens-and Viewer organizations appoint 1 member. The Committee shall be set up for 4 years at a time.

(2). The members appointed by the Minister of culture, to represent legal, financial/administrative, commercial and media/cultural expertise.

§ 2. Radio-and tv-Board can create sagsforberedende Subcommittee on Committee's tasks.

§ 3. Radio and television Board may decide to assign assistant prosecutors with special expertise to themselves or to those sub-committees.

(2). Officials do not have the right to vote.

Radio and television Board's tasks

§ 4. Radio and television Board's tasks is clear from § § 40-44 (a) of the law on radio and television company.

Treatment of cases

§ 5. Radio and television Board may, on the basis of applications, complaints, or the like, or on its own initiative, take up cases for treatment.

(2). The Board may dismiss manifestly unfounded complaints, applications, etc., without the involvement of DR, the regional TV 2-undertakings concerned consent holder, a provider of on-demand audiovisual program activities or registered company.

§ 6. Complaints must be made in writing and received in the Radio and television Board no later than 3 months after the fact, which has given rise to the complaint occurred. The Committee may in exceptional cases derogate from the deadline.

(2). Complaints about the content of the advertising feature, see. section 44, must be received in the Committee no later than 4 weeks after the feature or application is issued.

§ 7. Radio and television Board may request from the DR, the regional TV 2-undertakings concerned consent holder, a provider of on-demand audiovisual program activities or registered company with any information which is of importance to the Committee's proceedings, like the aforementioned entities must make recordings available to the Tribunal by advertisements, broadcasts, etc., see. § 87.

§ 8. At the hearing of a matter, the Parties shall establish Radio and television Board a deadline for submission of replies. The time limit should not normally exceed 14 days.

§ 9. Radio and television Board's decisions must be accompanied by an explanatory memorandum, which must include the indication of any different opinions during the vote on the decision, as well as the reasons for this.

§ 10. Radio and television Board President shall ensure that the decisions and opinions soon brought to the addressee's knowledge, and that fundamental decisions and opinions are published.

§ 11. Radio and television Board's decisions cannot be brought before another administrative authority, see. However, article 40, paragraph 5.

Opinions

§ 12. The Committee shall deliver opinions on the annual DRs and the regional TV 2-companies ' statements for the fulfilment of public service contracts, see. Article 40, paragraph 2.

§ 13. The Tribunal will pronounce itself also on the value of the tests of the new public service services, as DR must carry out under the public service contract, see. Article 40, paragraph 3.

(2). In addition, the Committee shall give its opinion on the other matters, if this is provided for in the radio and television undertakings public service contracts, permits or similar, see. Article 40, paragraph 3.

§ 14. For the use of the Committee's opinions on the value of the tests asks Board DR on the DRs at the attendance of the Committee to explain the value of the tests performed and the results thereof, without prejudice to article. section 13, paragraph 1. The Committee may request from the DR to such information that is of importance to the Committee's opinions.

(2). The Committee's opinion on a completed value test to be made within 5 weeks after the DR has presented the Board value test, see. (1). The time limit can be waived in exceptional circumstances.

(3). Radio and television Board President must, subject to the rules in section 86 and the Danish ensure that the Committee's opinions on the value of performed tests published by DR. A statement can only be made public after the DR has had access to familiarize themselves with the opinion.

Committee meetings, etc.

§ 15. Radio and television Board President shall organise the Committee's work and head negotiations at Committee meetings. The President shall determine the time and place of meetings of the Board and shall ensure that the submitted cases promoted with due speed.

(2). Danish Agency for libraries and Media provides secretarial assistance to the Tribunal. Agency shall convene and emitting material for Committee meetings not later than 1 week before the meetings.

(3). The Chairman may decide that the cases of routine nature are dealt with in writing.

(4). In exceptional circumstances the President may, when practical considerations dictate this, make the decision that matters be dealt with in writing.

§ 16. Radio and television Board is quorate when at least four members are present. Decisions are made by ordinary majority vote. By a tied vote, the Chairman shall have the casting vote.

(2). In cases that do not tolerate delay, the President may take a decision on the Board's behalf, provided that it is not practical to convene the Committee members or to deal with the case in writing.

§ 17. The Chairman shall ensure that minutes of the place found, negotiations and the decisions taken. A member who does not agree with a decision, is entitled to have his or her opinion, the Fed minutes.

(2). Copy of the minutes distributed to members at the latest in connection with the convening of the next Committee meeting. If there is not at this meeting produced objections against first instance content shall be considered as approved.

§ 18. At the end of each financial year, the Committee shall prepare a report on the Committee's activities during the past year. The report shall be sent to the Minister of culture.

Cooperation with other oversight bodies

§ 19. Radio and television Board cooperates with the supervisory bodies in other EU countries, with which the community has entered into an agreement with, and other European countries, see. Article 40, paragraph 6.

§ 20. If the Radio and television Board estimates that a television undertaking, under the purview of another EU Member State or EFTA Member State authority, in the case of a television broadcast which is wholly or mostly directed against Denmark, violates provisions of the law on broadcasting or provisions laid down in pursuance of the law relating to the public interest, which is more restrictive than the provisions of European Parliament and Council directive on the coordination of certain laws, regulations and administrative provisions of the Member States concerning the provision of audiovisual media services , the Tribunal may make a reasoned request to the other Member State with a view to seeking a mutually satisfactory solution.

(2). If the Radio and television Board estimates that the result achieved by the application of paragraph 1, are not satisfactory, and that television undertaking has established itself in the Member State which has authority over the undertaking, in the fields coordinated by European Parliament and Council directive on the coordination of certain laws, regulations and administrative provisions of the Member States concerning the provision of audiovisual media services, to circumvent the more restrictive rules that would be applicable if the undertaking was established in Denmark, the Radio and television Board take appropriate measures at the level of the respective television undertaking if such measures are objectively necessary, applied in a non-discriminatory manner and are not more extensive than is necessary to achieve these results, and if the conditions laid down in paragraph 3 have been fulfilled.

(3). Radio and television Board may only take the measures referred to in paragraph 2, if the following conditions are met:

1) Radio and television Board has notified the Commission and the Member State in which the undertaking is established, that the Tribunal television intends to take such action, and the Board has specified the reasons, the Committee bases its assessment on, and

2) the Commission decides that the measures are compatible with Community law, and that the assessment made by the Committee in relation to the measures, rests on a proper basis.

(4). Radio and television Board must, if another Member State has made a reasoned request as referred to in paragraph 1 to Denmark, assess whether the request relates to a television undertaking under Danish authority, which provides a television broadcast which is wholly or mostly directed towards the other Member State, and, where the request concerns the violation of a provision relating to the public interest, which is more restrictive than the provisions of European Parliament and Council directive on the coordination of certain laws, regulations and administrative provisions of the Member States concerning the provision of audiovisual media services. If Radio and television, the Committee considers that this is the case, the Tribunal will invite television undertaking to comply with the provision. Radio and television Board shall, not later than 2 months after the Board has received the request, inform the other Member State of the measures taken and on the results achieved.

Date of entry into force of

§ 21. The notice shall enter into force on the 1. February 2010.

(2). At the same time repealed Executive Order No. 1626 by 13. December 2006 on the rules of procedure for Radio and television Board.
The Ministry of culture, the 28. January 2010 Carina Christensen/Lars m. Banke

Official notes 1) Ordinance contains provisions implementing parts of the European Parliament and of the Council Directive 2007/65/EC of 11. 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 television broadcasting activities, Official Journal of the European Union 2007 L 332, p. 27, as last amended by European Parliament and Council Directive 97/36/EC of 30. June 1997, the official journal of the European Union 1997 L 202, p. 60.