Thesis for discussion on Law on Media

12.02.2002.

Bill elaborated at the Ministry of Culture, january 2002. Object and purpose of the law Thesis 1. The purpose of this law is to regulate the means of practising the freedom of the media, the rights and the responsibilities of publishers (the media entrepreneurs and the media shareholders, radio and TV concessionaires) journalists and other legal or natural persons who act in the domain of public informing, as well as the public interest of the Republic of Croatia in this matter. Terms employed Thesis 2 “Media” means daily and weekly newspapers and other periodical print editions, which appear at intervals of the minimum (or maximum?) of six months in a calendar year, radio and television programmes, news-agencies, electronic publications, teletext and other forms of daily or periodic publishing of editor-(de)signed programme contents through the transmission of writings, voice, sound or picture, in order to make them available to the general public. “Media” does not mean books, textbooks, bulletins, catalogues or other means of publishing of information intended exclusively for the purposes of education, science, culture, business communication, internal functioning of trading companies, institutes and institutions, associations, political parties, religious and other organisations; school organs , Official Gazette of the Republic of Croatia (Narodne novine ), official organs of local and regional home-rule and other official communiqués, posters, leaflets, brochures, and banners, video-pages without moving pictures (free announcements), unless otherwise prescribed by this law. “Programme contents” means all sorts of information (news, opinions, communications, messages and other information) as well as authors’ works, broadcasted through the media with a view to inform or to satisfy the cultural, scientific, educational or other needs of the community. “General informative programme contents” means the media programme contents with the aim of informing the community about the national, particularly political, economic, social and cultural life and other current events in the country and in the world, as well as expressing opinions on these subjects. Media publisher is any natural or legal person who publishes a medium and thus takes part in public informing, regardless the technical means through which its editor designed program contents are broadcasted or made accessible to the community. Editor-in-chief is a person, appointed by the media publisher, who is responsible for every piece of information published in the medium. Journalist is a person who gathers, analyses, shapes or classifies the information which is to be published through the medium. He/she is either employed by the media publisher or acts as a free lanced professional journalist. Public information is an information about work and activities in the domain of state administration, local and regional self-government, bodies of judicial authority, public institutions and companies, as well as the activities of other legal and natural persons who practice a public service or duty. Advertising means the media contents which are ordered and paid by natural or legal persons and which are intended to promote the legal trade, buying or selling of some product, service or property, for the self-promotional purposes or the promotion of some object, interest or an idea. The competent administrative authority is a ministry or a governmental administrative organisation in charge of public informing. Freedom of the media Thesis 3 The freedom of expression and the freedom of the media are guaranteed. The freedom of the media is based upon: · the freedom of expressing opinions · the citizens’ rights to have a truthfull, complete and updated information on all public affairs · integrity and protection of dignity and personality of the human being · the free flow of information and the media being openminded for different opinions, convinctions and various contents, · the accessability of public information · the freedom of establishing legal entities intended for public informing, publishing and distributing of the press and other media in the country or abroad, as well as for producing and broadcasting radio and television programmes, · the autonomy of editors, journalists and other authors of programme contents in conformity with the programme basis of the media as well as the journalists’ professional standards and codex · the individual responsability of editors, journalists and other authors of the programme contents for the consequences of their work. The freedom of media is subjected to the limitations which are allowed only directly by the Constitution, and by the law within this frame only. It is strictly forbidden to promote any national, racial, religious, sexist or any other kind of inequality as well as ideological or state formations established on such bases. It is also forbidden to encourage national, racial, religious, sexist or other kind of hostilities or intolerance, violence and war. Practicing the freedom of media also means having duties and responsibilities. Therefore, it can be subjected to formalities, conditions and restraints or penalties prescribed by the law, which are necessary for the reasons of the state security, teritorial integrity or public law and order, prevention from violence and crime, protection of health and moral, protection of dignity and rights of others, prevention from disclosing confindential information or for the purpose of preserving authority and neutrality of the judicial authority. Public interest of the Republic of Croatia Thesis 4 The republic of Croatia supports the media transmitting the programme contents which are important for: the rights of others, prevention from disclosing the confindential information or for protection of authority and neutrality of the judicial authority The public interest of the Republic of Croatia Thesis 4 The Republic of Croatia supports all media transmitting the programme contents which are important for: · practicing the right of public informing and the right to be informed which applies to all citizens of the Republic of Croatia in the country as well as within the Croatian communities abroad; · preserving the Croatian national and cultural idenity, as well as the identity of the members of the national minorities in the Republic of Croatia; · practicing the human rights and the political rights of the citizens and functioning of the rule-of-law and the welfare state; · encourageing the cultural endavour; · development of education, science and art and the culture of public dialogue. The state will encourage the development of non-profit media and it will undertake the active measures in favour of pluralism and diversity of the media and against abuse of monopol in the media market. Measures and decisions on direct and indirect State support of the media must be transparent and public, in conformity with the conditions prescribed by the law and they (subventions) must be approved by the decisions of idependent bodies. The conditions and the criteria for these subventions, as well as the means of financing from the government budget, will be prescribed by the law and a Fund for stimulation of pluralism and diversity of media will be established. The state shall support materially the publishing of the press and other media, as well as the production and the broadcasting of radio and television programmes in the language and the alphabeth of ethnic and national communities or minorities and it will provide the conditions for publishing of the media for persons with special needs as well as for members of other social and cultural groups. Accesability of the public information Thesis 5 With a view to making the information public by means of the media, the bodies of local self-government, the bodies of judicial authority, all public institutions and all public companies, as well as other natural and legal persons who practice a public service or duty must give truthful, complete and accurate information from their domain. Editors, journalists and other authors of the programme contents are authorized to search for information in view of making them public by the means media. The persons from the paragraph 1 of this thesis define, in their enactments, the ways of giving the information to the public and they appoint a person who is in charge of making their functionning public, which they have to announce to the public in an appropriate way. All information known to the persons from the paragraph 1 of this article are accessible to the journalists under the same conditions. The appointed persons from the paragraph 3 of this thesis can refuse to give information only in the following cases, when: · the required information is considered in a prescribed way as a State, army, official or business secret; · the publishing of this information would represent the transgression of privacy of personal data, as prescribed by the law, unless their publishing would mean preventing from a serious criminal act or from the direct jeopardizing of the human lives and property; · in the course of a preliminary investigation or judicial proceedings. The responsible person from the paragraph 3 of this thesis, who refuses to give the requested information must povide a written explanation of the reasons for the refusal within three working days from the day when this is requested in writing by a chief editor of the media. The responsible person from the paragraph 3 of this thesis can claim an indemnity for the actual costs of providing the requested information. The author of the programme content, who got the information from the responsible person, and the chief editor are not responsible for damages, nor are they liable for the accuracy of the published information. The only person liable for the accuracy of this information is the person who provided it. Protection of privacy Thesis 6 Every individual has the right to the protection of his/her privacy, dignity, reputation and honour. The persons who practice the public service or duty have the right of protection of their privacy, unless when this is connected to their public service or duty. Media publisher Thesis 7 Publisher is a legal or physical person who enables the transmission of the programme contents of media in comformity with this law. The sahares and the share portions of the company or the institution which acts as a publisher must be registered shares only. It is forbidden to veil the name of the real shareholder by so-called “name landing” or in a similar way. The media publisher independently shapes the basis of the programme content (the programme basis) and it is entirely responsible for its realisation. At the beginning of each calendar year or at least once a year, the media publisher has to inform the public about its programme basis or about its basic editorial orientation, particularly in the case of general informative press, about its ownership structure, financing and financial results of the media, as well as of all other facts needed for the public to be able to estimate the value of the published information, ideas and opinions. Chief editor Thesis 8 Newspapers and other periodicals, radio and TV stations, as well as programmes of the news agencies must have a chief editor, who is appointed and releived by the publisher in conformity with the media Statute. Before appointing or releiving the chief editor, the media publisher has to obtain the editorial board’s opinion, on account of implementing the journalists’ right to participate in decision-making, more precisely defined by the media Statute. (consultative right of journalists) The chief editor is responsible for each piece of the published information, unless otherwise prescribed by the Law. The cief editor’s responsibility from the paragraph 2 of this thesis also applies to the editorial processing of the published information (the choice of titles, subtitles, photography explanations and simmilar). Requirements for the chief editor’s nomination Thesis 9. Besides the general conditions prescribed by the Law and the media Statute, the candidate for the post of chief editor must meet the following requirements, as well: · Croatian cityzenship · domicile on the teritory of the Republic of Croatia; A person with an immunity from prosecution can not be appointed as a chief editor. Special requirements for establishment and registration of the media publishers in the Register of Companies Thesis 10 In the Republic of Croatia, a media publisher can be established and registered in the Register of Companies as legal or natural person from the thesis n° 7, if the following conditions are fulfilled: · a seat or a domicile in the Republic of Croatia; · a seat of the editorial board in the Republic of Croatia The conditions from the paragraph 1 of this article do not apply in case of written approval of the competent authority. The approval from the paragraph 2 of this thesis can be given by the competent authority when it estimates that such a medium would essentially further the development of public informing and the Croatian culture. Jurisdiction (competence) of the Republic of Croatia Thesis 11 Regardless the propositions of the thesis 10, it shall be deemed that a television programme publisher ( broadcaster) is under the jurisdiction of the Republic of Croatia when either its seat or its editorial board is based in Croatia, while the other structural parts of the publisher are based in a member State of the European Union or in some other state, under the condition that its programme contents in Croatia are transmitted by the workforce mainly employed or contracted in the Republic of Croatia. When a significant part of the television programme contents is transmitted by the work of individuals employed or engaged by contract in the Republic of Croatia, while the other significant part of the workforce is employed or engaged by contratct in a member State of EU, it shall be deemed that the publisher of that programme is within the jurisdiction of the Republic of Croatia, as long as its publisher’s seat is based in Croatia, regardless the seat of the editorial board. When a significant part of the television programme contents is transmitted by the work of individuals employed or engaged by contract in other states, it shall be deemed that the publisher of that programme is within the jurisdiction of the Republic of Croatia, if this programme (???) (has already?) started the transmission of the programme contents in comformity with the Croatian laws, and if a strong business relation has been established between the publisher and the Croatian economy. If any of the propositions of the previous paragraph can not be applied to the television programme publisher, and if it ( the television programme publisher) is not within the jurisdiction of any of the member States of the European Union or the member States of the European Convention on Transfrontier Television, it shall be deemed that the publisher is within the jurisdiction of the Republic of Croatia when: · it uses a frequency granted by the competent authority of the Republic of Croatia · it uses the sattelite systems appartaining to the Repubic of Croatia · it uses a sattelite ground station (up-link?) situated in the Republic of Croatia Register of Media Thesis 12 Before starting its activity, a media publisher must register the medium with the competent authority which keeps the Register of Media. The registration from the paragraph 1of this thesis must contain the following information: · the company and its seat or the name, the family name and the permanent adress of the media publisher; · the responsible person appointed by the publisher, when the media publisher is a legal person; · the name of the media · the language, the alphabeth, the means and the intervals of publishing; · the teritory of transmission of the programme contents, the means of distribution and the personal data of the person in charge of distribution; · the name and the family name of the chief editor · the seat of the editorial board or of the chief editor · the structure of ownership of the media (the composition of the capital?) · the sources and the means of financing of the media; · a list of other entrepreneurs in the competent market in which the media publisher or the other entrepreneurs from the same concern owe more than 10 % of the stock (equity?) shares and more than 10 % of votes; · a list of entrepreneurs in the competent market in which the chief editor, the members of management and the members of the supervisiory board of the media publisher are at the same time members of management and of the supervisiory board of some other media publisher or other entrepreneur with an activity which can essentialy affect the position of the publisher, notably in the media production chain or in the media market. Together with the application, the media publisher must provide a proof of fulfillment of special requirements, that is: a proof of incorporation, the media Statute, the programme basis together with the fundamental premisses for its realisation. Before starting with the transmission, a radio or a television programme publisher (broadcaster) must submit, together with the application, photocopies of contracts and of other arrangements made with the organisations for protection of the copyright and similar rights regarding the works which will be broadcasted in its programme. A media publisher can not register a medium under the name which has already been recorded in the Register of Media. All natural or legal persons involved in the activity of media distribution (Alternative: wholesale in distribution of the printed media) must be matriculated in the Register of Media. An Application for Media Registration Form will be prescribed by the head of the competent authority. Media Registration Thesis 13 If an applicant for the registration of a medium complies with all conditions prescribed by the Law, the competent authority must register the media and issue a certificate of registration within 15 days from the day of receipt of the application, or require an addition to the application within the same period of time. The Register of Media book-keeping Thesis 14 The media publisher must inform the competent authority about any change of data recorded in the Register, as well as about the cessation of its activity within fifteen (15) days from the change of data or from the cessation of activity. Together with the information on sources and means of financing and the information on programme basis of the radio and television programmes which have not started with the broadcasting yet, the data from the Register of Media, must be accessible to the general public. The book-keeping of the Register of Media, the procedure of registration and of using the data from the Register are prescribed by the head of the competent authority. Thesis 15 On account of implementation of the regulations in force in the field of public informing, the media publisher is obliged to give other details, upon request of the competent authority. . The radio or television publisher (broadcaster) is obliged to send a written notice or a report to the Council for Radio and Television (as a new independent regulatory body covering the whole sector of radio and television) regarding its activity and the realisation of the programme basis, every year, before the end of March. The printed media publisher must deliver an example of each issue to the National University Library. Removal from the Register of Media Thesis 16 The competent authority shall bring about the procedure of removal from the Register of Media in the following cases: · if the publisher did not comply with the conditions prescribed by a separate law or if it does not posess the permissions prescribed by a separate law or if these have been taken away or become invalid. · If the publisher continues breaking the law inspite of warnings in writing; · If the media is not published/broadcasted for more than six (6) months; · If the publisher/broadcaster cesses to comply with the conditions of the register of Media. The competent body can remove a radio or television programme from the register only on the basis of a decision or a previous consentment of the Council for Radio and Television. The competent authority must deliver its decision on removal of the radio or television programme from the Register of Media to the Council for Radio and Television within eight (8) days. Ban of activity Thesis 17 The media publisher/broadcaster is not allowed to transmit the programme contents through a medium which is not registered in the Register of Media. The competent authority must issue a contravention report against the media publisher which transmits the programme contents through the media which is not registered in the Register of Media and it must impose a ban on its activity. During the magistrate court proceedings from the paragraph 2 of this thesis, the magistrate court may confiscate the equipment, the products and the supplies which were used for the illegal activity. The programme basis Thesis 18 The publisher/broadcaster creates its programme basis according to the purpose of the media and its general contents. The programme basis of radio and television programme must contain a programme schedule which determinates: · the type of programme contents or their categorisation in separate groups · the planned quantitative proportion between different groups of contents; · the planned maximum volume of advertizing · the planned volume of its own production and of the production of Croatian audiovisual works. The television programme publisher (broadcaster) decides on the proportional ratio between the European audiovisiual production, the independent European producers’ audiovisual works and the Croatian audiovisual works. Before changing or essentially extending its programme basis, the media publisher must obrain the editorial board’s opinion. For a change or an essential extention of the programme basis of a radio or a television programme, the publisher must obtain a previous consentment of the Council for Radio and Television, submitting the editorial board’s opinion on the intended change or extention, as well. The programme basis is a part of the Employment Contract between the media publisher and the editor as well as between the publisher and the journalists. Separate editor’s and journalists’ rights emerging from the changes and the extentions of the programme basis are to be defined by a collective agreement. Provision from the paragraph 2 of this thesis does not apply to the publishers of television and radio programmes, when the programme is designed for the local population and it is not included in the national programme network (local radio and tv programme, smaller regional or students’ radio or tv). Provisions of this thesis do not apply to the television programmes intended for TV sales or for self-promotion, when this is regulated by a separate law. Impressum Thesis 19 The media publisher must ensure, in a visible part of each single carrier of the programmme contents (for ex. an issue of the print, a tv programme), the publication of the following data: · the company’s name and its head office or the name and the permanent address of the publisher; · the full name of the chief editor or of the responsible editors, as well as the full names of the editors of different programme groups, when this complies with the inner organisation of the editorial board; · for the printed media, the name or the company’s name and the seat of the printting-office and a date of printing or re-printing, as well as the number of printed issues. · Date of production (month and year) for the radio and television programme. The obligation from the paragraphs1 and 2 of this thesis applies to the publishers (carriers) of editor designed information on electronic publications (Internet),as well. The provision from the paragraph 1 of this thesis does not apply to the carriers of programme contents which are made or copied in the Republic of Croatia, for a foreign client and intended for transmission outside the Republic of Croatia. The name or the trade mark (logo) of the radio and television programme must be published at least once per hour of broadcasting. Other data to be published obligatory Thesis 20 The media publisher has to make sure that the following data are published in a suitable place of each single carrier of the programme content: · the names of the authors of the published article/programme contents, unless the author decides otherwise; · the name of the company or other owner of the copyright of the published programme contents, except for the printed media and the radio programmes; · the name of the natural or legal person who keeps the used cultural artefact or the archive materials or the corresponding reproduction; · the name of the media from which the programme content or a cut(?) from the programme content has been taken, unless otherwise regulated by a mutual agreement; Publishing of urgent information Thesis 21 On request of the government bodies, the public companies and public institutions, the media publisher has to publish, at no charge, an urgent information regarding the real jeopardy of lives, health or property of the citizens, the cultural and the natural heritage and the State security. A person responsible for the accuracy of the information from the paragraph 1 of this thesis is the person who gave the information. The media Statute Thesis 22 Relationship between the journalists, the chief editor and the media publisher, as well as their mutual rights and obligations are regulated by the media Statute. The Statute defines the way of journalists’ participation in the procedure of appointing or releiveing the chief editor, the journalists’ responsibility and freedom of work, the conditions and the procedure by which the chief editor, the editors and the journalists can resign with a fair payoff, in case of ownership or management structure being changed in a way to produce the essential changes of the programme basis of the media (the so-called “conscience clause”. The Statute is to be written by the media publisher and a representative of journalists with a previous consentment of the major part of the total number of journalists of that medium. If the media publisher and the journalists’ reppresentative do not bring a Statute within six months from the beginning of the media’s activity, the Statute will be brought, on request of the publisher or the journalists’ representative, by an arbitration made of the equal number of representatives of the Association of the publishers and the Croatian Journalists’ Association, under the leadership of the representative of the competent governemental authority. The head of the competent authority shall bring a regulation by which the structure and the procedure of the arbitration from the paragraph 4 of this thesis will be defined. The journalist right of expression of opinion Thesis 23 The journalist can express opinions on all events, phenomenons, people, objects and activities. Before publishing the information, the journalist must, in accordance with the professional standards and with maximum of attention, as much as the circumstances permit, check the accuracy and the source of information. Complyng with paragraph 1 of this thesis, it is not allowed to licence a journalist or to lessen his/her pay or to change his/her position within the editorial board, on accounts of expressing an opinion. Journalist’s right to refuse a task Thesis 24 Journalist has the right to refuse to write or to prepare or to participate in the production of a programme content which is contrary to the rules of journalists’ profession and ethics. The paragraph 1 of this thesis does not apply to the techical sub-editorial and redactor’s level of production. If a journalist refuses to accomplish a task, because this would mean a transgression of the professional rules and ethics, the employer can not terminate the employment contract, lessen his/her pay or change his/her position within the editorial board. The protection of the author’s reputation Thesis 25 If the meaning of the programme content has been changed by the editor’s intervention, it should not be published under the author’s name without his/her consentment. For the articles/programme contents published contrary to the paragraph 1 of this Thesis, the liability applies to the editor. If the author’s reputation has been damaged by the publishing of the article/programme content contrary to to the paragraph 1 of this Thesis, the author can claim a compensation for damage. Paragraph 1 of this Thesis also applies to the articles/programme contents where the author has used a pseudonym The protection of the source of information Thesis 26 Journalist is not obliged to give details on the source of published information or of an information intended to be published. Journalists’ right from the paragraph 1 of this thesis applies to editors, press-houses, book authors and other authors of published articles/programme contents. Journalist should notify the chief editor about the fact from the paragraph 1 of this thesis before publishing and in a way prescribed by the media by-law. Special restriction for journalists and broadcasters of commercials Thesis 27 Journalists and TV news broadcasters as well as broadcasters of other general informative television programmes can not act as broadcasters of commercials (advertising). The restriction from the paragraph 1 of this thesis also applies to radio journalists and radio news boradcasters, as well as broadcasters of radio general informative programmes. Right of correction of the published information Thesis 28 Everyone has the right to request from the chief editor the publishing, at no charge, of a correction of the published information which he/she feels as a transgression of his/her rights and interests. The right of correction applies also to legal persons and other organisations or bodies, in case of transgression of their rights and interests by the published information. The publishing of correction can be requested within thirty (30) days from the publishing of the information or from the date when the interested party learned about the publishing, not being able to come to know about it within the given time-limit due to objective reasons. The term correction does not mean only the correction of the false statements or untruthful quotations in the published information, but also the publishing of facts and circumstances by which the wronged party disproofs or essentially extends the quotations in the published text with an intention of disproofing the same. If the person to whom the informations refers is dead, the right of correction applies to his/her children, adoptive children, spouses, parrents, brothers and sisters or a legal person if the information refers to the activity of the deceased in connection with this legal person. Thesis 29 The correction must be published without changes or additions in the same or in an equally valuable part of the programme, in the same or in an equally valuable manner as the original information was published. The correction can not be unproportionally longer than the original information or a part of information to which it applies. The Council for Radio and Television shall define the rules for implementing the right of correction in television and radio programmes, in a manner appropriate for these media and respecting, as much as possible, the provisions from the previous paragraph, as well as all other provisions on the right of correction and reply from this law. Thesis 30 A person requesting a correction should quote the information to which the correction applies, as well as the date of its publishing. The correction must be published in the first, or if it is too late, in the second edition or the next broadcasting of the programme after the receipt of the correction. In a period of electiorial promotions, the correction must be published in the first edition or in the first broadcasting of the media, immediately after the receipt of the correction. A comment or a reply to the correction can not be published together with the correction in the same edition/broadcasting of the media. Thesis 31 The chief editor has to keep records of all edited programme contents at least for 15 days from their publication. On request of the intersted party, he/she has to provide an appropriate copy of the record, not later than 3 days from the receipt of the request in writing by the interested party. A copy from the paragraph 1 of this thesis is to be delivered to the interested party for personal use only. It is not allowed to make further copies nor publishing without the consentment of the media publisher, unless in case of a court trial. Thesis 33 A publication of correction can also be requested when the information had been published in a media which does not exist any more. An authorised representative may request from the former publisher or from his legal successor to provide, at its own expences, for publishing of the correction in another media comparable by size and quality to the media in which the original information was published. The chief editor must publish the correction, unless: · the requested correction does not refer to the information refered to by the interested party; · the requested correction does not include any of the facts or circumstances in connection with the published information; · publishing of the correction would be contrary to law; · the request for publishing is not undersigned by a person appointed by the competent authority or by a legal person; · the requested correction is unproportionally longer than the original information; · the request for correction was made after the expiration of the prescribed period of time; · if the request for publishing of the correction has the same content as another request for correction which has become the subject of legal dispute due to publishing being refused or made inadequatly; Thesis 33 If the interested party notifies the chief editor in writing, within eight (8) days of publishing of the information, that he/she will be requesting publication of the correction, the chief editor should keep a copy of the information to which the request for correction refers to until the end of legal proceedings. Thesis 34 If the chief editor does not publish the correction in time and mode prescribed by the law, the claimant of the publication of correction is entitled to begin legal action against the chief editor at the competent civil court situated in the area of the seat of the media publisher or of the publisher’s domicile. Claim should be made within thirty (30) days from the expiry of term for publication of correction or from the day when the correction was published in a manner which was not conform to the law. Thesis 35 Disputes on publication of corrections are to be settled in emergency procedure. In disputes for publishing of the corrections, the first main hearing must be held within eight (8) days from the receipt of the claim by court. Defandant must reply to the claim at the main hearing the latest. The court should warn the claimer that in case of his failure to attend to the first hearing, the charges shall be dropped. The court should inform the defendant that in case of his failure to attend to the first hearing, a verdict can be returned in his absence as well. Thesis 36 Hearing on charges for (not?) publishing the correction is limited to discussion and quoting of the proofs related to the defendant’s obligation to publish the correction. In disputes for publication of correction, the court shall refuse the charges in case of establishing that no right and nor clamant’s interest had been withheld or in case of establishing the existance of some other circumstance due to which, complying with the law, there is no obligation of publication of correction. Thesis 37 Institution of criminal proceedings due to publishing of the information to which the correction refers to, does not mean suspension of the proceedings for the publication of the correction. Thesis 38 In case of chief editor being changed after the institution of legal proceedings at the court, the claimant can change the statement of claim before the end of the main hearing into a claim against the new chief editor, instead of the former. No consent from the new chief editor nor from the former is needed for such a change of the statement of claim. Thesis 39 Court is to return verdict within three days from closing of the main hearing. Attested copy of the verdict shall be delivered to the parties by the court within three days from the return of verdict. If the court accepts the litigation claim, the defendant will be obliged by verdict to publish the correction within the period and in way prescribed by the law. The chief editor is obliged to state in the correction that its publication is due to the court verdict and the statement of verdict is to be published as well. Thesis 40 Party has the right of appeal within three (3) days of the return of verdict by court of first instance. The appeal does not to have to be delivered to the adverse party for reply. The court of the first instance is to deliver the appeal together with all other documents to the appelate court withing two days of its receipt, provided that the appeal was permitted and timely. The appelate court has to decide on the appeal within three (3) days from the receipt of the appeal and the accompanying documents. A possibility of revision of the appelate court verdict is allowed by the law. Thesis 41 An attested copy of the valid judgment by which the court decrees publishing of the correction is to be delivered, with no delay, to the chief editor of the media which is to publish the correction. Thesis 42 If the chief editor of the media has been changed after the valid judgment decreeing publishing of the correction, the obligation of publishing the correction established by the verdict passes onto the new chief editor. The right of reply to the published information Thesis 43 An interested natural or legal person has the right to request from the chief editor the publishing, at no charge, of his/her reply to the published information refering to him/her by name or in some other direct way. “Reply” is considered to be, in this thesis, a text or a message of the same nature as the published information. In a reply, the statements about facts and details quoted in the published information are essentially denied or complemented by statements suitable for argumentation. Thesis 44 Reply should be published with no alternations or additions, except spelling corrections. Chief publisher can ask the author to shorten the text before publishing. Propositions from thesis 32 apply to reply and chief editor can refuse publication of replies with simmilar meaning, the same thing already being published once. Chief editor can refuse publication of reply also in case of a reply containing some untruthful details and statements or statements unsuitable for arguments. If, in chief editor’s opinion, only some of the details or statements are untruthful or unsuitable for argumentation, the chief editor can not refuse the publication without previously requesting from the author to except these details and statements from the reply. Thesis 45 Provisions on judicial proceedings refering to the right of reply apply also to the judicial proceedings regarding the legal protection of the right of reply in the appropriate way. Media business report delivery Thesis 46 Every year, by the 30th of April, publishers must deliver to the competent authority a business report for the previous year, as well as an estimation of achieved market share, details on marketing agencies through which more than 10% of the media publisher’s trade have been realized. Press distribution companies are obliged to deliver to the competent authority the details on contracts with publishers or adequate data from their general business conditions refering to the distribution of general informative press, if the number of their sold copies exceeds: · three thousand (3, 000) copies, if these are sold in towns or in several counties, · a thousand (1, 000) copies, if they are sold on the local market. Press distributors are obliged to deliver all other important details of the contracts from the paragraph 2 of this thesis, such as the wholesale and the retail rebate, as well as the methods of the calculation of price of the distribution service and the ways of circulation, as well as the number and the types of retail trade spots. Property restriction Thesis 47 Publisher of a general informative daily press or of a general informative weekley press or a legal person or a group of connected persons who owes more than twenty (20) % of shares in the property or the capital of the publisher or more than twenty (20) % of desicion-making rights, can not be a publisher and a co-founder of the publisher of radio or television programme, nor can he be a carrier of radio or television activities. Publisher of radio or television programme, as well as natural or legal person or group of connected persons owing shares or rights in relations described in paragraph 1 of this thesis can not act as publisher or co-founder of publisher of a general informative daily press or a general informative weekly press. Publisher, legal or natural person or a group of connected persons from the paragraphs 1 and 2 of this thesis can only owe up to twenty (20) per cent of shares or twenty (20) per cent of desicion-making rights of another publisher, unless it would be otherwise prescribed by law (with a special consentment). Concentration restrictions Thesis 48 An intention of acquision of twenty (20) or more than twenty per cent of shares or desicion-making rights in the property of the publisher of general informative daily or weekly press obligatory has to be notified to the administrative body in charge of protection of the market competition, the mode of notification being prescribed by a separate law. If a publisher of one or more general informative daily or weekly press would achieve a dominant position in the market, by its own means or through its influence on one or more dependent companies by acquisition of shares, so that the number of its sold copies would exceed thirty (30) per cent of all copies of general informative daily or weekly press sold in Croatia, this shall be deemed by the body from paragraph 1 of this thesis, together with the cases prescribed by a separate law, as a forbidden concentration. Media publisher, as well as persons involved in media distribution, are obliged to notify the administrative body in charge of protection of the market competition of the agreement regulating their marketing, distribution and other activities, when these cover ten (10) per cent or more of market share in a period of time in the agreed period of duration of the agreement. Duties and restrictions in press distribution Thesis 49 The publishers with dominant share of a press distribution company or with their own press distribution company, must not refuse to take over the distribution of the general informative press of another publisher, if requested by him. The conditions and the price of services should be the same as for their own editions. Only press can be sold in streets by newsboys. Other conditions of sale through newsboys, like time and locations of newsboys sale shall be prescribed by corresponding acts of local and regional self-government, according to the law. Connected persons Thesis 50 This law considers persons to be connected when they are mutually connected by management, by capital or in some other way which enables them to form the common business policy or to make business in coordination with a view of acheiving the common objectives, or in such a way that one person has the possibility to direct the other one or to influence essentialy the other person’s decisions on financing and dealings, or decision-making on media programme basis. In particular, this law considers as connected persons from paragraph 1 of this article, the following connections: · blood relationship, like members of nuclear family (parrents, children, brothers and sisters, adoptive parrents and adoptive children); · marriage or couples living together; · the in-laws or members of the each person’s nuclear family for the couples living together without being married; · when a person or the persons who are considered to be connected according to the provision of this thesis, owe(s) the total of the business shares, equities or other rights giving them the possibility to participate in managment of the other person with a minimum of twenty (20) % of the right of decision-making; · when they constitute a concern, according to the company act; · when the members of the management or of the supervisiory board are in legal persons involved in the activity of public informing. Incompatibility of radio and television services Thesis 51 A single publisher can be involved in either radio or television services, but not in both. Provision from paragraph 1 of this thesis does not apply if publisher obtains a necessary licence, by virtue of law. Incompatibility of telecomunications and radio and television services Thesis 52 Telecomunications service providers whose activity is regulated by a separate law, can not act as radio and television programme publisher, nor can they broadcast programme contents or announcement, unless they obtain a special licence for radio and television services, as regulated by a separate law. The protection of competition Thesis 53 Media publishers, as well as other legal persons involved in the business of public informing are subject to the regulations on protection of market competition, unless otherwise prescribed by the law. Media publishers, as well as other legal persons involved in the business of public informing are entitled to make a request for the legal proceedings for an estimation of the disturbance of free market competition and the violation of the legal regulations, by submitting the request to the appointed body for protection of the market competition. The appointed body for protection of the market competition co-operates with the competent governmental authority in proceedings refering to the concentration of ownership of the persons mentioned in the paragraph 1 of this thesis. Foreigner’s shares Thesis 54 The propositions on ownership restrictions apply to the foreign legal and natural persons, regardless the country of their seat or domicile. Thesis 55 Radio and television services consist in transmitting or broadcasting of the programme contents by cable or air, by sattelite, in coded or in uncoded form, as well as different forms of mutual mediation of the radio and television programme contents between radios and televisions with a view of communicating these contents. Time of broadcasting Thesis 56 All programme contents broadcasted every day from 0 to 24 hours by particular radio or televison programme are considered as daily transmission time. Own production Thesis 57 All informative, cultural, artistic, educational, entertainment and contact programmes, music with commentary, sport and other programmes as well as other programme contents produced by the media publisher or on its order are considered as programme contents in own production. If the production of a programme content was co-financed by several publishers, a part proportional to the investments is regarded as a part of own production. The first broadcasting and the first repeat of croatian auduovisual works are considered as a part of own production. Radio broadcasting of Croatian music is considered as a part of own production of the radio programmes. Croatian music is music with Croatian music expression and it includes vocal, instrumental and vocal-instrumental music. Advertizing as well as radio and TV sales and paid announcement (video-pages) are not considered as programme contents in own production. Croatian audio-visual works Thesis 58 Croatian audio-visual works are those works which are originally in Croatian language or the national minorities’ works in their own languages as well as the works belonging to the Croatian national heritage in other arts. Audio-visual works from the paragraph 1 of this thesis are only those which can be considered as individual intellectual creations in the field of litterature, science or art. The Republic of Croatia supports the establishment and gradual development of the Croatian audio-visual industry and it stimulates the realisation of Croatian audio-visual works, such as feature-length films and dramas, cultural, artistic and entertainment programmes, serials, docummentaries, educational and other audio-visual works. The Republic of Croatia stimulates the developpment of infrastructure for the audio-visual production. European audio-visual works Thesis 59 European audio-visual works are defined by this law as: · works originating from the member states of the European Union · works originating from other European states, members of of the European Convention on Transfrontier Television; · works originating from other European states with conditions to be defined by the law. The proposition from the paragraph 1 of this thesis applies only to the states where audiovisual works are not subject to discriminatory reqests. The works from the paragraph 1 of this thesis are those which are entirely realized in co-production of the producers established and registered in member states of the European Union, with producers from the Eurpean countries which have made agreements with the european Union regarding the audio-visual matters, if these works were made by authors and workers predominantlyb from one or several of the European countries. Thesis 60 The audiovisual works mentioned in thesis 59 shall be considered as European works if they comply with one of the following conditions: · if the producers of the said works are registered in the countries mentioned above; · if the production of the particular work was conducted by one of several producers from the said states; · if the share of the co-producers from the said states was prevailing and none of the co-producers registered outside of the said states had a dominant role in the co-production; Thesis 61 The works which not considered to be European, their production being based on bilaleteral co-production contracts between member states of the European Union and other states, shall be deemed as European works if the major part of the total production expences were paid by the co-producers from the European Union and if the production was not conducted by one or several producers registered outside of teritory of the state members of the european Union. Thesis 62 Works not deemed as European, but made predominantely by authors and workers with domicile in one or several member states of the European Union, are considered as European works proportionally to the European Union co-producers’ share in covering the total of the production expences. Audio-visual works of the independent producers Thesis 63 An independent producer of the audio-visual works ( further: independent producer) is a legal or phisical person who complies the four folowing requirements: · being registered for practicing the activity of production of audio-visual works and having a seat in the Republic of Croatia or in one of the member states of the European Union; · not being a part of the organisational structure or legal personality of the television programme publisher; · the television programme publisher should not have more than twenty five (25) per cent of the capital share or the decision-making power on its property; · not making more than a half of its annual production through the orders of one television programme publisher. A legal or natural person registered for practicing the activity of production of audio-visual works, having a seat abroad, shall be deemed as an independent publisher if the European works represent a major part of its audio-visual production for the last three years and if it complies with the proposition from the paragraph 1 of this thesis ( sub-paragraphs 2 and 3). A legal or natural person whose avarage share of the financial means for covering the total cost of production or co-production during the last three years was inferior to ten (10) per cent, can not be deemed as an independent producer. The right to short reporting Thesis 64 Every radio or television programme publisher has the right, under the same conditions, to short reporting on all important shows and events accesible to the public, with the exeption of religious services. Short reporting is deemed to be a presentation of the event which is not longer than one minute and a half (90 seconds) and which is published as a part of general informative programme. The organizer of an important show or event may request from the publisher to cover the possible real expences emerging from this organizer’s obligation. The right to short reporting should be practiced in such a way that it does not interrupt nor should it obstruct the performance of the show or the course of the event. The right to short reporting can be restricted or denied in case that its employment would hurt the feelings of the participants of the event or in case it would threaten the public order and security. The publisher who have used the right to short reporting must let the other publisher, who did not have an oportunity to film the event, use the film once and he can also require a compensation for a proportional part of the real costs as well as quoting his name or the company’s name in broadcast. Access of the public to events of major importance Thesis 65 Television programme publisher must not, on the grounds of special (exclusive) broadcasting rights on the event important for the general public of the Republic of Croatia or some other memeber state of the European Union or state member of an international contract binding the Republic of Croatia, act in a way that would result in a substantial proportion of the public in the Republic of Croatia not having the possibility of following this event. Broadcast from the paragraph 1 of this article is deemed to be a live coverage of the event or a deferred coverage, whole or partial, when this is needed for the objective reasons or when it is in the interest of the public. The television programme publisher whose television programme can be viewed by less than seventy five (75) per cent of the population of the Republic of Croatia or whose programme reception requires an additional payment, excluding the radio and television subscribtion, can not have an exclusive right of reporting of the event from paragraph 1 of this thesis. The Radio and Television Council establishes a list of the most important events from the paragraph 1 of this thesis and implements accordingly the other important measures in conformity with the international agreements binding the Republic of Croatia. On proposal of the Radio and Television Council, the competent authority produces an enactment through which it decides on methods and criteria for selection of the important events from the paragraph 1 of this thesis. Independent Councils for Media Thesis 66 In view of supervising the implementation of the law and the functioning of media, as well as supervising of the media distribution and market, independent regulatory bodies are being established in form of the Press Council and the Radio and Television Council. These councils are independent in their activity in the field which is to be defined by the law. The structure of the councils as well as the methods of nomination should be regulated by the law refering to the adequate media structures, professions, representative bodies and administrative bodies. These propositions should include, in an appropriate way, the recommendations made by OSCE and the Council of Europe regarding a greater independence of the councils, their nominations and their functionning. Thesis 67 In view of acheiving the integrity of the text of the future Law, by comprising all relevant questions on functioning of the media should follow the propositions already existing in the present Law on Telecomunications, chapter XII, Radio and Television, from the article 74 to the article 86 inclusive. On the occasion of taking over of these propositions, at the same time , they should be harmonized with the recommandations made by OSCE and by the Council of Europe. The following propositions from the Law on Telecomunications should be taken into the new law in an appropriate way: · The Right of construction and use of the infrastructure for the needs of programme broadcasting · The concession on radio and television · The structure of ownership · The conditions of programme · Special programme conditions · Programme standards · Propositions on language · Advertising and telesales · Programme under sponsorship · Propositions on Croatian Radio and Television Penalty propositions Thesis 68 In this part of the law, penalties and fines shall be proposed for legal and natural persons in case of violation of the propositions of this law. Subsidiary implementation of this Law on specific media Thesis 69 This Law will be applied in an appropriate way to all programmes of the foreign press agencies, unless otherwise prescribed by the law. Registration of foreign correspondent offices Thesis 70 The Ministry of Foreign Affairs keeps the Register Book and deals with the procedure of registration or striking off of all foreign correspondent offices, permanent foreign correspondents, permanent employees of foreign correspondents offices, as prescribed in a separate law. Harmonization of the statutes and applications for the Media Register Thesis 71 The existing media will be obliged to harmonize their Statutes with the propositions of the new Law, within six months from entering into force of this Law. They will also have to submit their application to the administrative body competent for the procedure of registration of the media. Harmonization of ownership structures of the media Thesis 72 The media publishers are obliged to harmonize the ownership shares and the decision-making right proportions with the Law, taking into consideration the proposition on connected persons, within 18 months from entering into force of this Law. The media publishers liable to the obligation of restructuring must deliver the following documents to the competent administrative body: · for the purposes of supervising of their harmonization with the Law, details on actual structure of ownership shares and on realized market shares, within thirty days from entering into force of this Law. · A plan of restructuring, within 3 months from entering into force of this Law. · Semi-annual reports on measures taken in view of restructuring which will include notification of actual problems susceptible of delaying the process of restructuring, as well as on measures being taken to solve these problems. In case of the media publisher not realizing the restructuration within a period of time prescribed by the Law, the competent administrative body will hand the matter over to the administrative body in charge of protection of the market competition who will then make an estimation of the effects of such conduct of the media publisher on the free market competition and take adequate measures. The implementation of the Law on the proceedings in progress Thesis 73 In proceedings due to action for consenquential damage taken against a publisher, an editor or a journalist on the grounds of provisions of the Law on public informing, on the day of entering into force of this Law, the claimants can request the publication of their correction or their reply on the grounds of the propositions of the new Law. The proceedings from the paragraph 1 of this thesis will be continued on an explicit request of claimants complying with the propositions of the Law on civil procedure and the Law on obligatory relations.

Povratak