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Amendments To The Radio And Television Act

Original Language Title: Grozījumi Radio un televīzijas likumā

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The Saeima has adopted and the President promulgated the following laws: law on radio and television to make radio and Television Act (Republic of Latvia Saeima and the Cabinet of Ministers rapporteur, 1995, nr. 20; 1996; 1997, no. 22, 11., 23., 24. no; 1998; 1999, no. 5, 22, nr. 24) the following amendments: 1. Express article 1 first paragraph as follows: "(1) this law shall determine the jurisdiction of the Republic of Latvia to the existing broadcasting building , registration, transactions and surveillance procedures. "
2. in article 2: (1) be expressed as follows: "1) broadcasting is programming (Manning) and the initial distribution for public reception. The broadcast also considered the distribution of transfers of undertakings (companies), to ensure the original distribution for public reception. About the broadcast is not considered dissemination of information closed, local audiences hotels, vehicles and individual buildings, as well as the distribution of several buildings, where the consumer (the cable connection) the total number of not more than 25; "
make paragraph 4 by the following: "4) independent producer is a person who deals with film, advertising, radio, tv or Internet, is the owner of the rights under the copyright law, moreover, the broadcaster that the independent producer services, does not own more than 25 percent of the voting rights or of the capital of the independent production company (the company). Independent producers whose products are distributed by a broadcaster, has discovered the source of funds; ";
make paragraph 10 by the following: ' 10) broadcasting company (the company), which is the editorial responsibility for the programs on the paragraph 1 of this article, which creates programs and the dissemination of the programme or by its distribution to third parties, or a business (company) that makes retransmission and in accordance with article 2.2 of this law lies in the jurisdiction of the Republic of Latvia ";
make the following point 12: ' 12) retransmission is in Latvia or abroad programs distributed capture and immediate dissemination in whole or in part, 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; ";
Add to paragraph 15, after the word "persons" with the words "who is not involved in the provision of broadcasting".
3. in article 2.1: make the first part of paragraph 1 by the following: "1) in Latvia and the Member States of the European Union created audiovisual works;";
Add to the first subparagraph of paragraph 2 and 3, the words "and which are not subject to discriminatory provisions in relation to Latvia and the Member States of the European Union created audiovisual works";
to express the third, fourth and fifth paragraph as follows: "(3) the first subparagraph of paragraph 3, in European audiovisual works are such works by producers established in (live) in one or more European countries, which are neither Member States of the European Union nor the European Convention on Transfrontier Television, but Member States with which the European Community or Latvia has concluded international agreements in the audiovisual field, or work what worked in cooperation with the producers in Latvia or in one or more Member States of the European Union (resident) registered producers, where these works mainly made with authors and technical staff from one or more of the Member States of the European Union or the European Convention on Transfrontier Television of the Member States.
(4) For European audiovisual works to be considered as well as works that are not European audiovisual works from the first paragraph of this article, but are created in Latvia or of Member States of the European Union and other countries within the framework of bilateral co-production agreements. In addition, Latvia and European Union producers bear the greater part of the total cost of the co-production and the co-production is not controlled by one outside Latvia or of Member States of the European Union territory (expatriate) producer, or more of the following producers.
(5) For European audiovisual works according to Latvia or of Member States of the European Union contribution of producers to the proportions of the total cost of the co-production shall be recognised also works that are not European audiovisual works and the first part of the fourth sense, but which are mainly made with authors and technical staff from Latvia or from one or more of the Member States of the European Union. "
4. To supplement the law with article 2.2 as follows: "article 2.2. The jurisdiction of the Republic of Latvia to the broadcaster (1) Republic of Latvia jurisdiction over broadcasters, in accordance with the second paragraph of this article is founded in Latvia or to meet the conditions referred to in the third subparagraph. Broadcaster is required for the operation of the national radio and Television Council issued the authorization of broadcasting, retransmission of a permit or a special permit (license) cable tv, kabeļradi (radiotranslācij).
(2) the broadcasting organization shall be considered established in Latvia, if: 1) in Latvia is located in its main office and the editorial decisions about the layout is adopted in Latvia;
2) Latvia has its head office and most of the employees who are involved in broadcasting, are employed in Latvia, but editorial decisions about the layout is taken in one of the Member States of the European Union or the European Convention on Transfrontier Television;
3) in Latvia is located in the head office, but most of the employees who are involved in broadcasting, are employed both in Latvia, and in one of the Member States of the European Union or the European Convention on Transfrontier Television;
4) this is the first time the broadcaster started broadcasting in Latvia in accordance with the laws of Latvia, but not in Latvia, nor in any of the Member States of the European Union or the European Convention on transfrontier television broadcasting in the Member States has not employed the most workers, provided that it maintains a stable and established links with the Latvian economy;
5) in Latvia is located in its main office and the editorial decisions about the layout is adopted in another State or in Latvia editorial decisions are taken about the layout and the broadcaster has its head office located in another country, provided that most of the employees who are involved in broadcasting, are employed in Latvia.
(3) the provisions of this law shall also apply to the broadcasters, which do not apply the second paragraph of this article, or which are not in one of the Member States of the European Union or the European Convention on Transfrontier Television, under the jurisdiction of a Member State if they: 1) uses a frequency granted by Latvia;
2) do not use a frequency granted by Latvia, but use the satellite capacity of Latvia;
3) use neither a frequency granted from Latvia, nor a satellite capacity of Latvia but Latvia used satellite station. "
5. To make article 4 by the following: "article 4. Types of broadcasters (1) Broadcasters are classified according to their form of ownership, business objectives and territorial coverage.
(2) the form of ownership and activities target broadcasters are divided into public and commercial, but according to geographical coverage: national, regional, local and cross-border broadcasting organizations. "
6. Article 5: to make the name of the article as follows: "article 5. Public service broadcasting ";
replace the first paragraph, the words "public electronic communications society (public service broadcasting)" with the words "public service broadcasting".
7. in article 6: put the name of the article as follows: "article 6. Commercial broadcasters ";
replace the first paragraph, the words "commercial electronic public communication (hereinafter referred to as the commercial broadcasters)" with the words "commercial broadcasters".
8. in article 7: put the title as follows: "article 7. National, regional, local and cross-border broadcasters ';
replace the first paragraph, the words "The national recognized that electronic means of communication in society" with the words "for the national broadcaster to be recognised as";
replace the third paragraph, the words "On the STC regional electronic public communication" with the words "for the regional public service broadcasters" such recognizable;
replace the fourth subparagraph, the words "on the local STC the electronic means of communication in society" with the words "for local broadcasters to be recognised as";
replace the fifth paragraph, the words "for cross-border electronic public communication tools be the electronic means of communication in society" with the words "for cross-border broadcasting of the broadcasters to be recognized";
replace the sixth paragraph, the words "electronic means" with the word "broadcasters".
9. Express article 8, second subparagraph by the following: "(2) prohibited the interconnecting networks, regional and/or local broadcasters, except when so required for the electronic communication of society development national concept."

10. Turn off the article 11, paragraph 1, the fifth subparagraph, the words "in Latvia, other European countries and the rest of the show scheduled for prime time."
11. Replace article 14, paragraph 2, second subparagraph, the words "language law" with the words "national language" of the law.
12. in article 17: make the seventh subparagraph by the following: "(7) no broadcaster should not be run using their exclusive rights, the events, the Cabinet of Ministers for Latvian society and which are of particular importance after the previous plan the event organizers who are entitled to sell with this event broadcasting rights. Following the broadcasting of the event is to be made to cover the whole territory of Latvia and to all Latvian citizens can follow them with free television via live or record. ";
to supplement the article with the eighth and the ninth subparagraph by the following: "(8) If a broadcaster has acquired exclusive rights to broadcast the events in the Member State of the European Union or the European Convention on Transfrontier Television Member State are included in the public list of particularly important events in accordance with their national laws, it may not be used in this exclusive rights in such a way that for a large part of the population of the country concerned is deprived of the opportunity to follow the following important events with free television via live or record.
(9) for the purposes of this article the notion of "free television" means public or commercial broadcasters provide broadcast without an existing broadcasters to finance additional fixed fees. "
13. Add to article 18, the third subparagraph with the sentence as follows: "Broadcasters shall ensure that most of the independent producers assigned transmission is provided by independent producers over the last five years, created the European audiovisual works."
14. in article 23: Add to the third part of the second sentence, after the word "allowed" by the words "one more time";
supplement the last sentence of the fifth paragraph after the words "this article" with the words "first, second and.
15. Express article 25, third subparagraph by the following: "(3) Sponsored Programme or programmes may not advertise, sponsor or another person's goods or services, including direct or encouraging guidance for the purchase of goods and services or lease."
16. Article 30 of the Present fourth paragraph as follows: "(4) for the rebroadcast ORT programmes, in conformity with the content of the requirements of this law, to which the initial distribution is not subject to the Member States of the European Union or the European Convention on Transfrontier Television was the jurisdiction of the Member States, the Republic of Latvia jurisdiction responsible broadcaster who acquired this program, retransmission of permission."
17. Replace the fifth part of article 31 in the last sentence of the word "created" with the word "common".
18. Replace article 37, first paragraph, the words "electronic means of communication of the public" with the word "broadcaster".
19. To make the 62-the fourth paragraph as follows: "(4) the Latvian radio and Latvian television programs up to 30 percent of the broadcasting time is allowed to take up with other broadcasters or independent producers broadcast prepared."
20. To supplement the transitional provisions with 19, 20, 21 and 22 as follows: "19. Amended this law article 2 paragraph 12 shall enter into force on 1 January 2002.
20. Article 17 of this law, the seventh subparagraph shall enter into force on 1 January 2006. Until 1 January 2003 to the events that the Cabinet of Ministers for Latvian society and which are of particular importance after the previous plan the event organizers who are entitled to sell with this event broadcasting rights, broadcasted to cover 85 percent of the territory of Latvia, but during the period from 1 January 2003 to 2006 January 1 — 90 percent of the territory of Latvia.
21. Amendment of article 17 of this law, the seventh subparagraph shall enter into force on 1 January 2002. The Cabinet of Ministers until 2001 December 31 article 17 approved the seventh event in the list.
22. With the entry into force of the commercial broadcaster may also have a physical person that a validly registered as a sole proprietor. "
The law adopted by Parliament in 2001 15 February.
State v. President Vaira Vīķe-Freiberga in Riga in 2001 27 February law takes effect by 13 March 2001, but a separate article for entry into force — see. Article 20 of this law.