Amendments To The Electronic Media Law

Original Language Title: Grozījumi Elektronisko plašsaziņas līdzekļu likumā

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now

Read the untranslated law here: https://www.vestnesis.lv/op/2016/2.2


The Saeima has adopted and the President promulgated the following laws: the law of electronic media to make the electronic media Act (Latvian journal 2010, nr. 118, 103, 144; 2011. no; 2012, 166. no; 2013, 40, 46, 61, 87, no. 234; by 2014, 92, no. 225; 2015, 251. no) follows: 1. Article 1: make 7 and 8 point as follows: "7) electronic media feature: private person that law established the broadcasting licence is issued or retransmission of permission or in accordance with this law, which is presented by the national electronic media Council communication on electronic media services on demand; 8) electronic media the audiovisual service on request, electronic media service provided that should the electronic media's editorial responsibility and which is provided at the request of a recipient of the service within the time designated on the basis of the electronic media in advance of the proposed broadcast catalog "; 28 points to express the following: "28) retransmission — programs capture and immediate full or partial distribution in Latvia public electronic communications network, without making the programme or broadcast content of any amendments. For the content of the amendments is not considered to be a translation of the programme or broadcast (duplicating or subtitrēj), if committed with the consent of the right holder; "; to supplement the article with 32.1 point as follows: "321) television programming distribution services: a service that provides the ability to capture television program the user's terminal equipment. This definition does not apply to this law, article 13 of the cases referred to in; ". 2. in article 3: Add to the name of the article after the word "features" with the words "and the television program distribution service providers"; make the first part as follows: "(1) the electronic media, which has editorial responsibility, is in the jurisdiction of Latvia in accordance with the second paragraph of this article, the economic activities in Latvia or to comply with the third paragraph of this article. Distribution of television programme service providers located in the jurisdiction of Latvia, if they provide television programming distribution services. "; replace the fourth subparagraph, the words and figures "part 1, 2, and 3" with the words "second and third part" and the number and the word "50" and 56 — with numbers and the word "49, 50, 51, 52, 53, 54 and 55.". 3. To make the title of chapter III, the following: "chapter III. Broadcasting licences, permits and the cancellation of the suspension, electronic media registration and termination ". 4. Article 19: put the title as follows: "article 19. Retransmission of permission, and retransmission of television programming distribution services delivery culpably violate applicable "; Add to article 1.2 of the part as follows: "(12) television programming distribution services provider program receives from the holder (holder) the source, if the law does not provide otherwise. The performance of the sixth of this article and with the obligations laid down in paragraph 6.1, digital media, providing television programming distribution services shall have the right to use the program to capture television programmes concerned tone that the land broadcasting digitally end-users perceive free. "; turn off the fifth; to supplement the article with the twelfth and thirteenth part as follows: "(12) television programming distribution services provider (including the electronic media, which retransmitted television programs through cable tv in addition to article 6.1 of this sixth, eighth, and ninth, the programmes provided for in part) ensures that all of its subscribers not, being applied the following television programs: 1) at least one television program, which is included in the Member State of the European Union or the Member States created in the news , analytical and informational programmes in one of the official languages of the European Union; 2) at least one television program that broadcast language at least 50 percent of the total transmission time is the national language, provided that the total amount of broadcasting time is at least 18 hours each day, the owner (holder) has received permission to broadcast the programmes of formation and distribution in Latvia and comply with the provisions of the broadcasting permit, ensure high quality and a continuous signal supply electronic media feature, which provides television programming distribution services; 3) at least one television program, which is included in the Member State of the European Union or the Member States created in the popular science broadcasts in one of the official languages of the European Union; 4) at least one television program, which is included in the European Union Member State or States created by children and young people in the audience in one of the official languages of the European Union. (13) the television programme distribution services provider, is the subject of this article in the sixth, eighth, 6.1, the ninth and the twelfth part of the obligations, the television programs to include in the list of proposed programme before other television programs and in the order specified in this article. " 5. Add to article 21 to a fifth by the following: "(5) the application of this article shall not affect the law enforcement provisions of chapter III1." 6. To supplement the law with article III1 after 21 Department by the following: "chapter III1. The prohibition to distribute other electronic media programs and services upon request 21.1 article. The prohibition to distribute other Member State of the European Union or European economic area national electronic media's audiovisual programme (1) the national electronic media Council shall ensure freedom of reception and shall not restrict the territory of Latvia electronic audiovisual media retransmission of programme from another Member State of the European Union or the European economic area country, except when the electronic media program is clearly a serious and significant breach of article 24 of this law, or the tenth part of the ninth or the provisions of article 26 and the following offence during the preceding 12 months happened at least two times. (2) in the first subparagraph, in the case referred to in the national electronic media shall inform the Council of electronic media in the countries concerned and the European Commission on: 1) broadcasts, which found irregularities; 2 the nature of the infringement); 3) on a period for electronic media ban on the dissemination of the programme in the territory of Latvia; 4) within 15 days of receipt of the notification to agree on an acceptable solution. (3) if the consultation of the electronic media in the countries concerned and the European Commission within 15 days of receipt of the notification has concluded without a solution acceptable and electronic media feature in allows new violations, the national electronic media Council can decide on the electronic media in the dissemination of the ban, specifying the period in which it will be in force in the territory of Latvia. (4) the decision on the prohibition to distribute digital media program is a general administrative act. Be published in the Official Gazette of the "journal". Article 21.2. The prohibition to distribute other Member State of the European Union or European economic area national electronic media's audiovisual programme, which is wholly or mostly directed towards the territory of Latvia (1), if the other Member State of the European Union or the European economic area under national jurisdiction in electronic audiovisual media program is wholly or mostly directed towards the territory of Latvia and the national electronic media Council finds that the electronic media's audiovisual programme has violated this Act or such other laws and rules providing more detailed or stricter production conditions than European Union legislation, a national electronic media Council may not apply this law, article 21.1. (2) in the first subparagraph, in the case referred to in the national electronic media Council to achieve acceptable solutions, inform the electronic media and the country concerned on the alleged infringements. The national electronic media Council may request the State concerned to ensure that the electronic media shall respect the legislation of Latvia. (3) the national electronic media may invite the Council to consider the matter in the contact Committee established under European Union law. (4) the national electronic media Council, found the building conditions, can decide on the electronic media in the dissemination of the ban, specifying the period in which it will be in force in the territory of Latvia, or for the imposition of penalties for electronic media feature that is editorial responsibility for the program, if all the following conditions are satisfied: 1) in the second paragraph of this article within two months of an acceptable solution is reached; 2) the electronic media feature won jurisdiction in another State to circumvent the objectives more stringent rules in Latvia; 3) national electronic media Council has notified the appropriate electronic media feature, the State concerned and the European Commission of its intention to take part in the introductory part of the planned measures, giving their reasoning; 4) the European Commission has taken a decision on this part of the introductory part of the operations referred to in compliance with European Union law. (5) the decision on the prohibition to distribute digital media program is a general administrative act. Be published in the Official Gazette of the "journal". Article 21.3. The prohibition to distribute other Member State of the European Union or the European economic area country electronic audiovisual media services on demand (1) national electronic media Council shall ensure freedom of reception and shall not restrict the territory of Latvia, other Member States of the European Union or the European economic area country electronic audiovisual media services on demand distribution, except when other public electronic audiovisual media service on request, serious threat : 1) public order, in particular, the crime prevention, detection and investigation, protection of minors and fight against any incitement to hatred on grounds of race, sex, religion, nationality or ethnic origin, as well as offend personal dignity; 2) public health; 3) public security, including national security and defence; 4) consumer protection, including the protection of investors. (2) in the first subparagraph, in the case referred to in the national electronic media Council asked to end the infringement and inform the electronic media in the countries concerned and the European Commission on: 1) show, in which the infringement is established; 2 the nature of the infringement); 3) on a period for electronic audiovisual media services on demand the prohibition of distribution on the territory of Latvia; 4) within 15 days of receipt of the notification to agree on an acceptable solution. (3) if the electronic media and the country has not taken steps to prevent infringement, these measures have not been applied, the national electronic media Council can decide on prohibition to distribute digital audiovisual media services on demand, indicating the period during which it will be in force in the territory of Latvia. (4) in cases of urgency, the national electronic media Council may derogate from the second and third subparagraphs specified procedures. In this case, the measures taken as soon as possible inform the electronic media in the countries concerned and the European Commission, giving the reasons for the urgency. (5) the decision on the prohibition to distribute digital audiovisual media services on demand is the General administrative act. Be published in the Official Gazette of the "journal". 21.4 article. The prohibition to distribute other European Convention on Transfrontier Television state electronic media and audiovisual programmes in the audiovisual service on request (1) the national electronic media Council shall ensure freedom of reception and shall not restrict the territory of Latvia in the European Convention on Transfrontier Television state electronic media and audiovisual programmes in the audiovisual service of the retransmission on request, which is not a Member State of the European Union or the European economic area except when electronic media program or catalog has violated the European Convention on Transfrontier Television. (2) in the first subparagraph, in the case referred to in the national electronic media shall inform the Council of electronic media and the European Convention on Transfrontier Television in the Member States of the alleged infringements and seek a solution acceptable to the European Convention on Transfrontier Television. (3) If the electronic media program or catalog is manifest, serious and grave violation of article 24 of this law, or the tenth part of the ninth or the provisions of article 26 and the national electronic media Council two weeks after this referred to in the second paragraph of article notification fails to reach an acceptable solution, the national electronic media Council can decide on prohibition to distribute in electronic media or on-demand audiovisual services , indicating the period during which it will be in force in the territory of Latvia. (4) in all other cases of possible infringement if violation continues eight months after this article referred to in the second paragraph of the notice, the national electronic media Council may under the European Convention on Transfrontier Television set to decide on the ban to distribute in electronic media or on-demand audiovisual services, indicating the period during which it will be in force in the territory of Latvia. (5) the decision on the prohibition to distribute in electronic media or on-demand audiovisual services is the General administrative act. Be published in the Official Gazette of the "journal". Article 21.5. The prohibition to distribute other State electronic media and audiovisual programme of audiovisual services on demand (1) national electronic media Council shall ensure freedom of reception and shall not restrict the territory of Latvia, its national electronic audiovisual media programmes and audiovisual services for retransmission of the request, which is not a Member State of the European Union, the countries of the European economic area or the European Convention on Transfrontier Television, the Member State except where the audiovisual program or catalog has violated this law or other legislation that the program or the conditions for creating the directory. (2) in the first subparagraph, in the case referred to in the national electronic media Council can decide on prohibition to distribute in electronic media or on-demand audiovisual services, indicating the period during which it will be in force in the territory of Latvia. (3) the decision on the prohibition to distribute in electronic media or on-demand audiovisual services is the General administrative act. Be published in the Official Gazette of the "journal". Article 8.5. The prohibition to distribute other public electronic media's audio engine (1) national electronic media Council shall ensure freedom of reception and shall not restrict the territory of Latvia in other public electronic media's audio engine, except when the audio engine has violated this law or other legislation that the production conditions. (2) in the first subparagraph, in the case referred to in the national electronic media Council can decide on prohibition to distribute digital media audio engine, indicating the period during which it will be in force in the territory of Latvia. (3) the decision on the prohibition to distribute digital media audio engine are the General administrative act. Be published in the Official Gazette of the "journal" of Latvia. " 7. in article 22: make the first paragraph by the following: "(1) to provide digital media services on demand, before the launch of the service provider shall provide notice of the national electronic media Council."; to turn off the second part; replace the third paragraph, the words "registration application" by "communication"; replace the fourth subparagraph, the word "application" by "communication". 8. transitional provisions: replace paragraph 27, the number and the word "50 percent" with a number and the word "51 percent"; Add to paragraph 28 and 29 by the words "part of the language of the country" with the words "and the number is 50 percent or"; transitional provisions be supplemented with 32 and 33 the following: "32. Article 19 of this law and the twelfth thirteenth part shall apply from 1 July 2017. By a given date in the electronic media, which take the retransmission of television programmes, the national electronic media Council receives the necessary relay permission. 33. Amendment of article 22 of this law, which intends to submit to the national electronic media Council communication on electronic media services on demand, the provision does not apply to the electronic media, which, before the entry into force of the amendments are registered in the national electronic media Council as electronic media services on demand providers. " The Parliament adopted the law of 17 December 2015. The President of the Parliament instead of the President i. Mūrniec Riga 2016 January 5.