REPUBLIC OF LITHUANIA
LAW ON
PROVISION OF INFORMATION TO THE PUBLIC
2 July 1996 – No I-1418
(As last amended on 15 July 2009 – No XI-348)
Vilnius
CHAPTER I
GENERAL PROVISIONS
Article 1. Purpose of the Law
1. This Law shall establish the procedure for collecting, preparing, making public and disseminating public information and the rights, duties and liabilities of public information producers, disseminators, participants therein, journalists and institutions regulating their activities.
Article 2. Definitions
1. “Subscriber” means a person who under a contract with a broadcaster or re-broadcaster receives television and/or radio programmes.
2. “Announcement” means a separate part of a programme, the purpose of which is to introduce broadcasts or other parts of the programme.
3. “Terrestrial television” means programme broadcasting and/or re-broadcasting by an analogue or digital terrestrial television station or a network of such stations.
4. “Terrestrial radio” means programme broadcasting and/or re-broadcasting by an analogue or digital terrestrial radio station or a network of such stations.
5. “Terrestrial radio network” means an electronic communications network which is comprised of more than one analogue or digital terrestrial radio station and which is intended for broadcasting and/or re-broadcasting of the same programme/programmes to the public.
6. “Terrestrial television network” means an electronic communications network which is comprised of more than one analogue or digital terrestrial television station and which is intended for broadcasting and/or re-broadcasting of the same programme/programmes to the public.
7. “Criticism of a person” means examination and evaluation of a person or his activities without degrading the person’s honour and dignity, violating his private life and damaging his professional reputation.
8. “Personal health information” means information concerning the health of a person as defined in laws of the Republic of Lithuania.
9. “Person” means a natural or legal person and branches of enterprises established in the Member States of the European Union and other states which are parties to the European Economic Area Agreement in the Republic of Lithuania.
10. “Audiovisual policy” means the establishment and implementation of the strategy and public administration principles for the audiovisual sector, the directions, objectives and tasks of its development, the drafting of the Republic of Lithuania laws and other legal acts regulating the activities of the audiovisual sector, harmonisation of the said legal acts with international requirements as well as their implementation.
11. “Audiovisual work” means a cinematographic work or any other work expressed by cinematographic means, which is comprised of a series of interrelated images conveying motion, with or without accompanying sounds, recorded (fixed) in a material visual recording medium.
12. “Common-use reception network” means a local electronic communications network intended for the reception of television and/or radio programmes and their transmission by distribution lines to terminal equipment.
14. “Information of erotic nature” means information which stimulates sexual desire, demonstrates an actual or simulated sexual intercourse or any other sexual gratification or sexual devices.
15. “Terminal equipment” means television sets, radio receivers and other reception equipment used to receive broadcast and/or re-broadcast programmes and other types of broadcast information.
16. “Information society media” means the media, which render information society services by disseminating public information.
17. “Manager of the information society media” means a person who actually manages a medium of the information society in which public information is being prepared and/or disseminated, or who prepares and/or disseminates the contents of such medium.
18. “Information society service” means a service normally provided for remuneration, at a distance, by electronic means and at the individual request of a recipient of an information society service.
19. “Recipient of an information society service (hereinafter referred to as a “service recipient) means a person, including a representative office or branch of a foreign legal person, who uses an information society service.
20. “Intermediate provider of information society services” means a provider of information society services who transmits information provided by a service recipient through an electronic communications network, provides a possibility to use an electronic communications network or stores information provided by a service recipient.
21. “Provider of an information society service (hereinafter referred to as a “service provider”) means a person who renders an information society service, including a representative office or branch of a foreign legal person.
22. “Cable television” means the broadcasting and/or re-broadcasting of television programmes by a cable television network.
23. “Cable television network” means an infrastructure the major part of which is wired and used for broadcasting and/or re-broadcasting television programmes to the terminal equipment.
24. “Cable radio” means the broadcasting and/or re-broadcasting of radio programmes by a cable radio network.
25. “Cable radio network” means an infrastructure the major part of which is wired and used for broadcasting and/or re-broadcasting radio programmes to the terminal equipment.
26. “Broadcast” means a separate part of a programme, usually having its author(s) and host(s), its name and broadcasting time.
28. “Microwave multichannel distribution system” (hereinafter referred to as the “MMDS”) means the broadcasting and/or re-broadcasting of programmes by a MMDS network.
29. “Microwave multichannel distribution system network” (hereinafter referred to as the “MMDS network”) means an electronic communications network used for broadcasting, re-broadcasting and receiving programmes, changing their encoding or electromagnetic oscillation parameters and transmitting them by microwave terrestrial transmitters and by the signal reception network of such transmitters to the terminal equipment.
30. “National newspaper” means a newspaper, which is circulated within a territory where the Lithuanian population accounts for more than 60 % of inhabitants.
31. “National broadcaster” means a broadcaster whose programme broadcast by a terrestrial television or radio network is received within a territory where the Lithuanian population accounts for more than 60 % of inhabitants.
32. “Independent producers” means persons who do not have a participating interest in a broadcaster or who are not members of the broadcaster’s administrative bodies, also persons who are not linked with the broadcaster by employment or service relations, or joint activity, producing audio or audiovisual works and selling them freely or transferring them otherwise.
33. “Opinion” means a view, understanding, perception, notion, thought or comment on ideas of a general nature, judgements of facts and data, phenomena or events, conclusions or remarks regarding the news related to real events, made public by the media. An opinion may be based on facts or sound arguments and is usually subjective, therefore, the criteria of truth and accuracy do not apply to it; however, it must be expressed fairly and ethically, without deliberately concealing and distorting facts and data.
34. “Official documents of state and municipal institutions and agencies” means written, graphic, audio, computer information or other documents related to the activities of state and municipal institutions, enterprises and agencies as well as persons authorised by the State, produced, approved or received by them in the course of exercising the powers established by regulations that are included in the document records of the said institutions, enterprises and agencies.
35. “Satellite television” means television programme broadcasting and/or re-broadcasting by an artificial Earth satellite (satellites).
36. “Satellite radio” means radio programme broadcasting and/or re-broadcasting by an artificial Earth satellite (satellites).
37. “Surreptitious advertising” means information disseminated in any form and by any means about a producer of goods or a provider of services, the name or activities or trade mark thereof, presented in such a form that consumers might fail to understand that it is advertising or they might be mistaken as to the actual aim of such advertising. Such presentation of information is considered to be surreptitious advertising in all cases when it is paid for or otherwise remunerated.
38. “Information of pornographic nature” means information when an actual or simulated sexual intercourse, genitalia, defecation, masturbation or paraphilias (paedophilia, sadism, masochism, zoophilia, necrophilia, etc.) are depicted openly and in detail, this being the main purpose of such information.
39. “Private information” means information about the personal and family life of a person, his personal health, etc. not to be made public on the basis of ensuring the protection of a person’s right to privacy.
40. “Private life” means personal and family life of a person, his residential surroundings consisting of a person’s dwelling, with its private territory and other private premises, which a person uses for his economic, commercial or professional activities, as well as mental and physical inviolability of a person, a person’s honour and reputation, secret personal facts, a person’s photographs or other images, personal health information, private correspondence or other communications, personal views, convictions, habits and other data which are allowed to be used only with his consent.
41. “Radio frequency (channel)” means a radio frequency band necessary for the transmission of at least one programme.
42. “Radio programme” (hereinafter referred to as a “programme”) means separate audio works (broadcasts, advertising, announcements, broadcasting of various events, etc.) as a whole that are independent in their content, structure and broadcasting time and that are transmitted to the public by any technical means.
43. “Radio station” means a technical complex comprised of radio transmitters together with antennae and other technical equipment intended for broadcasting, re-broadcasting or transmitting programmes.
44. “Regional newspaper” means a newspaper which is circulated in the territories of counties of the Republic of Lithuania and which has at least 90 % of its circulation distributed within the territory of a single county.
45. “Regional broadcaster” means a broadcaster whose programme broadcast by a terrestrial television or radio network is received within a territory where the Lithuanian population accounts for less than 60 % of inhabitants.
46. “Advertising” means information disseminated in any form and by any means, for payment or other remuneration, in the interests of an advertiser, relating to a person’s economic, commercial, financial or professional activities, which promotes the purchase of goods or use of services, including the purchase of immovable property and takeover of property rights and obligations. An article or broadcast, produced and/or made public not on commission of a producer of public information, who disseminates this information for payment or other remuneration, shall also be considered advertising.
47. “Sponsorship” means financial or other material assistance provided to a producer and/or disseminator of public information by a person not engaged in the activities of the sponsored public information producer and/or disseminator with a view to promoting his own name, trade mark, image, activities or his products.
48. “Re-broadcasting” means the reception of complete programmes or parts thereof broadcast to the public and the simultaneous transmission thereof unchanged by any technical means.
49. “Re-broadcasting licence” means a written document issued by the Radio and Television Commission of Lithuania granting its holder the right to engage in programme re-broadcasting activity within a defined territory and laying down the conditions for such re-broadcasting.
50. “Re-broadcaster” means a person holding a re-broadcasting licence or, in cases specified by the law, not holding such a licence, who re-broadcasts complete and unchanged programmes or separate parts thereof broadcast to the public and assumes responsibility for the legality of such re-broadcasting.
51. “Transmission” means the sphere of electronic communications activity related to the broadcasting and/or re-broadcasting of programmes, which encompasses the transmission of electromagnetic signals by electronic communications networks to terminal equipment.
52. “Information of violent nature” means information which portrays in detail the killing, mutilation or torture of people or animals or any other conduct directed against a human being or any other living creature, which inflicts pain, causes discomfort or any other damage (physical, psychological, material) as well as vandalism and/or positive assessment and incitement of violence, cruelty or indulgence in such acts.
53. “Television programme” (hereinafter referred to as a “programme”) means separate audio and audiovisual works (broadcasts, films, advertising, announcements, broadcasting of various events, etc.) as a whole that are independent in their content, structure and broadcasting time and that are transmitted to the public by any technical means.
54. “Television station” means a technical complex comprised of television transmitters together with antennae and other technical equipment intended for broadcasting, re-broadcasting or transmitting programmes.
55. “Teleshopping” means direct offers of an advertiser to purchase goods or use services, broadcast by television for a certain payment, including offers to purchase immovable property, property rights and obligations.
56. “Teleshopping window” means an uninterrupted television broadcast, of at least 15 minutes, intended for broadcasting of teleshopping advertisements, broadcast in television programmes that are not exclusively intended for teleshopping.
57. “Broadcasting” means the production of programmes and their initial transmission to the public by any type of terrestrial transmitter, cable, satellite or any other electronic communications network. Broadcasting does not include transmission services where items of information (telecopying, electronic data banks, etc.) or other messages are provided upon an individual request from a service recipient.
58. “Broadcasting licence” means a written document issued by the Radio and Television Commission of Lithuania granting its holder the right to engage in programme broadcasting activity within a defined territory and laying down the conditions for such broadcasting.
59. “Broadcaster” means a person holding a broadcasting licence or, in cases specified by the law, not holding a broadcasting licence, who assumes editorial responsibility for the programmes broadcast, who creates, produces and transmits them to the public or allows another person to transmit them unchanged.
60. “Public person” means a state politician, a judge, a state or municipal official, a head of a political party and/or association, who, due to the office held or the character of his work, constantly participates in state or public activities, or any other person, provided that he has public administration powers or administers the provision of public services, or if his permanent activities are of relevance to public affairs.
61. “Public information” means information intended for public dissemination, except for the information referred to in paragraph 39 of this Article and information which cannot be made public under the laws of the Republic of Lithuania.
62. “Producer of public information” means a broadcaster, a publishing house, a film, sound or video studio, information or advertising agency, an editorial office, a manager of the information society media or any other person engaged in the production or presentation for dissemination of public information.
63. “Disseminator of public information” means a broadcaster, a re-broadcaster, a manager of the information society media or any other person who sells or, by any other means, disseminates public information to the public and who is responsible for the lawfulness of such information.
64. “Local newspaper” means a newspaper, which is circulated within the territory of the municipality of one city or region, where not less than 90 % of its circulation is distributed within the territory of the municipality of one city or region.
65. “Local broadcaster” means a broadcaster whose programme is broadcast by one radio or television station.
67. “The Media” means newspapers, journals, bulletins or other publications, books, television and radio programmes, film or other sound and visual studio productions, the information society media and other means of public dissemination of information. In accordance with this Law, official, technical and service documents as well as securities shall not be attributed to the media.
68. “Addiction” means alcohol abuse, use of narcotic, toxic, psychotropic and other substances, which cause psychological dependence, as well as psychological dependence on gaming.
70. “Newscast” means an integral part of a programme, consisting of information about politics, economy, culture, sports, weather and other fields, relevant to the public.
71. “Magazine” means an illustrated information publication bound with covers, which is circulated periodically (weekly, monthly, quarterly, etc.), aimed at a variety of readers, publishing articles of various genres.
Article 3. Basic Principles of Provision of Information to the Public
1. In the Republic of Lithuania, freedom of information is enshrined in the Constitution, this and other laws and international treaties of the Republic of Lithuania.
2. Producers and disseminators of public information as well as journalists and publishers in their activities shall be governed by the Constitution and laws, international treaties of the Republic of Lithuania, also by the principles of humanism, equality, tolerance and respect for each individual; they shall respect the freedom of speech, creativity, religion, conscience, freedom of opinion and expression, adhere to the norms of professional ethics and the provisions of the Code of Ethics of Lithuanian Journalists and Publishers, contribute to the development of democracy and public openness, promote civil society and state progress, enhance state independence and nurture the state language, national culture and morality.
4. The use of freedom of information may be restricted by the requirements, conditions, restrictions or penalties set out in the laws and necessary in a democratic society to protect Lithuania’s state security, its territorial integrity, public order and constitutional system, to guarantee the impartiality of its judicial authority in order to prevent violations of the law and crimes, disclosure of confidential information and to protect people’s health and morality as well as their privacy, dignity and other rights.
Article 4. Freedom of Information
1. Every person shall have the right to freely express his ideas and convictions and collect, obtain and disseminate information and ideas. The right to collect, obtain and disseminate information may not be restricted otherwise than under the law, where it is necessary to protect the constitutional system, people’s health, honour, dignity, privacy and morality.
2. Unrestricted reception and re-broadcasting of television programmes from EU Member States and other European countries which have ratified the Council of Europe Convention on Transfrontier Television, broadcast in accordance with the requirements laid down in international treaties of the Republic of Lithuania, shall be guaranteed in the Republic of Lithuania.
Article 5. Right to Collect and Publish Information
1. Every person shall have the right to:
2) not give permission to publish the information produced by him if its content has been distorted during the editorial preparation;
3) take notes, photograph, film, use audio and video technical equipment as well as other means to record information, except for the cases referred to in Article 13 of this Law;
Article 6. Right to Obtain Information from State and Municipal Institutions and Agencies
1. Every person shall have the right to obtain from state and municipal institutions and agencies as well as other budgetary institutions public information relating to their activities, their official documents (copies) as well as information held by the aforementioned institutions about the requesting person.
3. State and municipal institutions and agencies must, in accordance with the procedure established by the Law on the Right to Receive Information from State and Municipal Institutions and other laws, provide public information as well as private information held by the said institutions, except for cases specified by laws, where private information is not provided.
4. Information for the preparation whereof no collection of additional data is required shall be provided to the producers and/or disseminators of public information as well as journalists within one working day, while information for the preparation whereof additional data has to be collected shall be provided within a week.
5. State and municipal institutions and agencies as well as other budgetary institutions which have refused to provide public information to a producer of public information must, not later than on the following working day, notify the producer in writing of the reasons for refusal to provide information.
6. Public information of state and municipal institutions and agencies shall be free of charge. These institutions may charge only for the services involving information retrieval and duplication (copying) of information or documents. The payment may not exceed the actual costs of providing information.
7. Other institutions and enterprises as well as political parties, political organisations, trade unions, associations and other organisations shall provide producers of public information and other persons with public information relating to their activities in accordance with the procedure established in the articles of association (regulations) of these institutions, enterprises or organisations.
Article 7. Restrictions on Information Editing
In order to ensure freedom of information, it shall be prohibited to exert pressure on the producer or disseminator of public information, their participants or journalists, compelling them to present false and biased information in the media.
Article 8. Confidentiality of the Source of Information
Producers or disseminators of public information, their participants and journalists shall have the right to maintain the confidentiality of the source of information and not to disclose it, except for the cases where, by a court decision, it is necessary to disclose the source of information for vitally important or otherwise significant public interests, also in order to ensure the protection of constitutional rights and freedoms of a person and administration of justice.
Article 9. Right to Public Criticism of the Activities of State and Municipal Institutions and Agencies as well as Officials
Every person shall have the right to publicly criticise the activities of state and municipal institutions and agencies as well as officials. Persecution for criticism shall be prohibited in the Republic of Lithuania.
Article 10. Prohibition to Impose Illegal Restrictions on Freedom of Information
Censorship of public information shall be prohibited in the Republic of Lithuania Any action whereby an attempt is made to control the content of the information to be published in the media before it is published, with the exception of the cases provided for by laws, shall be prohibited.
Article 11. Right to Protect Freedom of Information
1. Every person shall have the right to appeal in court against the decisions and actions of state and municipal institutions and agencies as well as officials should they violate or illegally restrict a person’s right to obtain, collect or disseminate information.
Article 12. Accreditation of Journalists
1. The producer and/or disseminator of public information shall have the right to accredit their journalists to state institutions, political parties, political organisations and associations as well as to other institutions by agreement between the parties.
2. A journalist may take part in meetings and other events of the institution or organisation he is accredited to; he shall be provided with verbatim reports, minutes and other documents or copies thereof subject to the conditions established by mutual agreement.
CHAPTER III
PROTECTION OF PERSONAL, PUBLIC AND STATE INTERESTS
IN THE FIELD OF PROVISION OF INFORMATION TO THE PUBLIC
Article 13. Protection of Personal Rights, Honour and Dignity
1. To avoid violation of personal rights and to protect human honour and dignity, while collecting and publishing information it shall be prohibited:
1) to film, photograph, make audio and video recordings without a person’s consent within the residential premises of a natural person, the private domain of a natural person and a fenced or otherwise clearly marked territory belonging thereto, regardless of whether that person is present in the aforementioned places;
2) to film, photograph or make audio and video recordings during non-public events without the consent of organisers who have the right to hold such events;
3) to film and photograph a person and use his image for advertising purposes in the media without the consent of that person;
4) to film and photograph a person with evident physical handicaps without that person’s consent or to film and photograph a person in a helpless state because of an illness;
5) to film or photograph a child or to make audio and video recordings of him without the consent of at least one of the parents, guardians or custodians and the child himself. It shall be prohibited to use photographs, audio or video recordings of children in the information of erotic, pornographic and violent nature;
Article 14. Protection of Privacy
1. When producing and disseminating public information, a person’s right to the protection of information of private nature must be ensured.
2. Information about a person’s private life may be published only with the consent of that person, except for the cases specified in paragraph 3 of this Article.
3. Information relating to private life may be published without a person’s consent in cases where the publication of such information assists in revealing violations of law or criminal acts, also where such information is presented at the open court proceedings. In addition, information about the private life of a public person may be published without his consent where such information discloses the circumstances of the aforementioned person’s private life or his personal characteristics which are of public significance.
Article 15. Right of Reply
Any natural person whose honour and dignity have been degraded by false, inaccurate or biased information published about him in the media, also any legal person whose professional reputation or other legitimate interests have been damaged by information which is false, inaccurate or biased shall have the right of reply, denying the false information or correcting the published information, or shall have the right to demand that the producer and/or disseminator of public information issue a refutation of false information in accordance with the procedure established in Article 44 of this Law.
Article 16. Ensuring Diversity of Opinion in the Media
1. Respecting the diversity of opinion, the producers and disseminators of public information must present in the media as many as possible opinions that are independent of each other.
Article 17. Protection of Minors
1. Producers and/or disseminators of public information must ensure in accordance with the procedure established by the law that minors are protected from public information which might have a detrimental effect on their physical, mental or moral development, in particular public information that involves the dissemination of information of pornographic and/or violent nature or information encouraging addictions.
2. The criteria for ascribing public information to information which has a detrimental effect on the physical, mental or moral development of minors shall be established in the Republic of Lithuania Law on the Protection of Minors against the Detrimental Effect of Public Information.
Article 18. Information not to be Furnished
1. State and municipal institutions and agencies as well as other bodies, enterprises and organisations shall not furnish information to producers and/or disseminators of public information as well as other persons if the information is defined by the law as a state, official, professional, commercial or bank secret or if it is information of private nature.
2. Information the provision whereof is prohibited by other laws because it would adversely effect the interests of state security and defence as well as criminal prosecution of persons, promote violation of the territorial integrity of a state or public order or where failure to provide such information would prevent violations of law or would be of great importance to the human health protection shall also not to be furnished.
Article 19. Information Not to Be Published
1. It shall be prohibited to publish in the media information which:
1) incites to change the constitutional order of the Republic of Lithuania through the use of force;
2) instigates attempts against the sovereignty of the Republic of Lithuania, its territorial integrity and political independence;
3) instigates war or hatred, ridicule, humiliation, instigates discrimination, violence, physical violent treatment of a group of people or a person belonging thereto on grounds of sex, sexual orientation, race, nationality, language, descent, social status, religion, convictions or views;
4) disseminates, promotes or advertises pornography also propagates and/or advertises sexual services and paraphilias;
2. It shall be prohibited to disseminate disinformation and information which is slanderous and offensive to a person or which degrades human dignity and honour.
3. It shall be prohibited to disseminate information which violates the presumption of innocence and which impedes the impartiality of judicial authorities.
4. The Government shall establish the procedure for dissemination of press publications, audio, audiovisual works, radio and television programmes, information disseminated through the information society media and other public information ascribed to information of erotic, pornographic or violent nature or other restricted public information.
Article 20. Duty to Publish Official State Announcements
1. In case of natural disasters, major accidents or epidemics as well as in the event of war or state of emergency, the producers and disseminators of public information must, in cases specified by law and/or the Government and according to the procedure established thereby, publish official state announcements effectively and free of charge.
2. In the event of war or state of emergency, the Seimas may, by a law, set restrictions and/or other obligations on the producers and disseminators of public information that are necessary to protect the interests of citizens and the public.
Article 21. Protection of Copyright and Related Rights
Public information producers, disseminators and journalists shall use literary, scientific, artistic and other works in conformity with the Law on Copyright and Related Rights as well as other laws and legal acts.
CHAPTER IV
LEGAL STATUS AND CONDITIONS OF ACTIVITY OF PRODUCERS AND DISSEMINATORS OF PUBLIC INFORMATION, THEIR PARTICIPANTS AND JOURNALISTS
SECTION ONE
REGULATION OF THE Status of Producers and Disseminators of Public Information AND JOURNALISTS
Article 22. Producers and Disseminators of Public Information and Their Participants
1. Relations between the producers, disseminators of public information and their participants shall be governed by this and other laws, legal acts and agreements between parties.
2. Only legal persons and branches of foreign legal persons or other organisations that are registered in the Republic of Lithuania in accordance with the procedure established by the law may be public information producers and/or disseminators, with the exception of managers of the information society media. Any persons of the Republic of Lithuania and of a foreign country may be participants of producers and/or disseminators of public information, except for cases specified in this and other laws.
3. Upon selling or otherwise transferring at least 10 % of the broadcaster’s or re-broadcaster’s shares (interests, member shares), a licence holder must, within 30 days of the transfer of property rights, inform thereof the Radio and Television Commission of Lithuania (hereinafter referred to as the “Commission”).
4. Where after having sold or otherwise transferred the shares (interests, member shares) of a broadcaster and/or re-broadcaster holding a broadcasting or re-broadcasting licence there is a change of the owner (owners) of the majority holding or where the control (management) of a licence holder is transferred to another person (persons) on other grounds, the persons intending to transfer and acquire the shares (interests, member shares) and/or control (management) must obtain a written consent of the Commission.
5. The Commission may refuse to give its consent for the transfer of a broadcaster’s and/or re-broadcaster’s shares (interests, member shares) and/or its control (management) if:
1) persons who intend to transfer and acquire a broadcaster’s and/or re-broadcaster’s shares (interests, member shares) and/or its control (management) have not submitted the data required by the Commission or have submitted incorrect data;
2) persons who intend to transfer and acquire a broadcaster’s and/or re-broadcaster’s shares (interests, member shares) and/or its control (management) are prohibited, in cases provided for by the law, from being participants of the producers and/or disseminators of public information;
3) concentration takes place as a result of the transfer and acquisition of a broadcaster’s and/or re-broadcaster’s shares (interests, member shares) and/or its control (management) and the Competition Council has not issued a relevant permission where such permission is required under the Law on Competition.
6. State and municipal institutions and agencies (except for scientific and educational establishments), banks and political parties may not be the producers of public information and/or their participants, however, they may publish non-periodical informational publications, have the information society media, intended to inform the public of their activities, unless specified otherwise by the law.
7. Every producer of public information or a participant thereof must appoint a person (editor-in-chief, editor, broadcast host) responsible for the content of the media. Where a producer of public information and a participant thereof is one and the same natural person, he shall bear responsibility for the content of his media.
8. Producers of public information:
1) when disseminating information to the public, may not distort correct and unbiased information and opinions, and use this for sordid purposes. Public information shall not be compatible with journalistic campaigns, held according to preconceptions or satisfying group or political interests;
2) must be objective and unbiased, to provide as many opinions as possible on controversial issues related to politics, economics and other areas of public life;
3) while recording various public actions – meetings, marches, strikes, pickets, etc. – may not instigate to take illegal or desperate actions;
5) must protect and respect the human right to privacy in the event of death or disease, must not mention personal data when announcing news about suicides or suicide attempts;
6) may not promote or attractively depict smoking, drinking or use of narcotic drugs; Depiction of smoking, drinking or drug addiction shall be justified only as a context when seeking authenticity;
7) may not disseminate biased and partial information about religion, may not discriminate against other religions;
9) may not promote supernatural, unreal characteristics of people or their groups or paranormal phenomena, with exception of cases where such information is presented for entertainment or as a research object. They may not create an impression that astrologers, chiromancers, clairvoyants and bioenergetics specialists can provide advice on the future, health, money, etc.
Article 23. Journalists and Their Relations with Producers and Disseminators of Public Information
1. A producer of public information must have its rules of procedure and/or internal code of ethics. At least one of these documents approved by the producer of public information must establish the rights, duties, responsibility and official relations of journalists as well as the protection of journalists against possible restrictions of their rights.
2. Regardless of whether a journalist is connected to a producer of public information by employment relations, a producer of public information must agree with a journalist in writing as to the use of the journalist’s copyrighted work. Such agreement shall also be considered a collective agreement drawn up between a producer of public information or an organization representing him and journalists or an organisation representing them, which lays down the conditions of use of copyrighted works of journalists. If a producer of public information who uses a copyrighted work of a journalist has not agreed upon it with the journalist in writing and is not a party to a collective agreement, the producer of public information shall not be exempt from an obligation to remunerate fairly for the used copyrighted work of the journalist.
Article 24. Data on Participants of Local, Regional and National Newspapers and Magazines and the Information Society Media
1. Editorial offices of local, regional and national newspapers, magazines and the information society media, with the exception of those referred to in paragraph 6 of Article 22 of this Law, must, by March 30th each year, submit to an institution authorised by the Government in the field of provision of information to the public (hereinafter referred to as the “institution authorised by the Government”) in accordance with the procedure established by the aforementioned institution the data regarding the shareholders or stakeholders of an enterprise who have the right of ownership to or control at least 10 % of all the shares or assets (where the assets are not share-based). The data must include the names and surnames (names) of such shareholders or stakeholders, their personal numbers (registration numbers), the stake held in the assets or the number of shares as well as the percentage of votes. The aforementioned producers and disseminators of public information must, by March 30th each year, submit to the institution authorised by the Government in accordance with the procedure established by this institution information about its administrative bodies, their members and information about property relations and/or joint activity linking them with other producers and/or disseminators of public information and/or the participants therein. The institution authorised by the Government must, by May 15th of the same year and in accordance with its prescribed procedure, publish the data submitted by the editorial offices of town or district, regional or national level newspapers, magazines and the information society media in the supplement Informaciniai Pranešimai to the official gazette Valstybės Žinios.
2. The President of the Republic, Members of the Government, Seimas and municipal councils, civil servants of political (personal) confidence as well as heads of state and municipal institutions and agencies must publish the data about their participation in local, regional or national newspapers, magazines and the information society media in the supplement Informaciniai Pranešimai to the official gazette Valstybės Žinios in accordance with the procedure established by the institution authorised by the Government.
3. Public information producers or disseminators and journalists must publish in their media information about any sponsorship received if it exceeds the amount of one minimum wage, specifying the amount and provider of the sponsorship.
4. Failure to submit information referred to in paragraph 1 of this Article and publish information referred to in paragraph 2 of this Article shall incur liability in accordance with the procedure established by the law.
Article 25. Broadcasters Falling Under the Jurisdiction of the Republic of Lithuania
1. A broadcaster shall be considered to fall under the jurisdiction of the Republic of Lithuania if it meets at least one of the following conditions:
1) its head office is located in Lithuania and its editorial decisions concerning the programmes broadcast are taken in Lithuania;
2) its head office is located in Lithuania, while editorial decisions concerning the programmes broadcast are taken in another EU Member State, however the majority of the broadcaster’s staff engaged in broadcasting activity is located in Lithuania;
3) its head office is located in another EU Member State, while editorial decisions are taken in Lithuania and the majority of the broadcaster’s staff engaged in broadcasting activity is located in Lithuania;
4) a large number of the broadcaster’s staff engaged in broadcasting activity is located both in Lithuania and another EU Member State, while its head office is located in Lithuania;
5) its head office is located in Lithuania, while editorial decisions concerning the programmes broadcast are taken in another EU Member State or vice versa and the majority of the broadcaster’s staff engaged in broadcasting activity is not located in either of these states, however the broadcaster started its activities in accordance with the laws of the Republic of Lithuania and maintains permanent economic relations in Lithuania;
2. A broadcaster who does not meet any of the conditions specified in paragraph 1 of this Article and who does not fall under the jurisdiction of an EU Member State or any other state which is a party to the Council of Europe Convention on Transfrontier Television shall fall under the jurisdiction of the Republic of Lithuania if it meets the following conditions:
2) the broadcaster uses the resources of a communications satellite provided by the State of Lithuania;
3. The jurisdiction of the Republic of Lithuania may also apply to the broadcasters who are not specified in paragraphs 1 and 2 of this Article, if their activities pose a threat to Lithuania’s national security interests, public order, public health protection, public security, consumer protection, where competent authorities of the states, under the jurisdiction of which the said broadcasters fall, have not taken measures to prevent such activities upon an official appeal from the appropriate institutions of Lithuania.
Article 26. Dissemination of Public Information
1. Information shall be disseminated to the public by the producer of public information himself or another person under a contract with the producer of public information or with the permission thereof.
2. It shall be permitted to disseminate the media produced abroad in the Republic of Lithuania if the content thereof does not contradict the provisions of this Law and other laws and international treaties of the Republic of Lithuania. It shall be permitted to broadcast and re-broadcast television programmes produced abroad in the Republic of Lithuania without prejudice to the provisions of this Law and other laws.
3. Free re-broadcasting in the Republic of Lithuania of radio and/or television programmes produced abroad may be suspended if:
1) 1) information, which is not to be published and is prohibited pursuant to paragraphs 1 and 2 of Article 19 of this Law, is disseminated in a programme (or part thereof) produced abroad;
2) 2) the disseminated information violates the provisions of this Law as well as the requirements of the international treaties of the Republic of Lithuania regarding the protection of minors against the detrimental effect of public information on their physical, mental or moral development;
3) 3) the disseminated information violates other provisions of this Law as well as the requirements of the international treaties of the Republic of Lithuania which apply to broadcast programmes intended for the public of a recipient state, and if a recipient state notified in writing a broadcaster and/or re-broadcaster distributing a programme about an observed violation and the said broadcaster and/or re-broadcaster has not eliminated the violation within 15 days from the notification, or has committed at least two similar violations within the last 12 months.
4. The Commission shall take a decision concerning suspension of re-broadcasting in the Republic of Lithuania of a programme produced abroad and fix a specific date on which suspension of re-broadcasting of the programme in the Republic of Lithuania begins. A re-broadcaster must suspend re-broadcasting of the programme from the date indicated in the decision of the Commission.
Article 27. State Support to Public Information Producers
1. The State shall support cultural and educational projects of public information producers. State financial support shall be provided to public information producers by tender and, except for the support specified in paragraph 2 of this Article, shall be provided through the public agency Media Support Foundation hereinafter referred to as the “Foundation”). Each year the Seimas shall allocate funds from the State budget to the Foundation. State institutions and agencies may not provide financial support or in essence equivalent support to public information producers.
2. Financial support from the State budget for the publication of books and the production of works distributed on audiovisual media, also for the production of feature films shall be provided through the Ministry of Culture and the Ministry of Education and Science on the recommendation of expert commissions operating under the aforementioned ministries.
The Law shall be supplemented with Article 271 as of 1 January 2009:
Article 271. State Support to Providers of Newspaper Delivery Services
1. The State shall support the provision of delivery services of national, regional and local newspapers (collection, distribution and supply) to subscribers (hereinafter referred to as “newspaper delivery services”). State financial support shall be assigned to providers of newspaper delivery services to partly cover the costs of delivery of national, regional and local newspapers incurred by them and shall be provided in accordance with the procedure established by the Government or an institution authorized by it. The providers of newspaper delivery services may be reimbursed up to 30 per cent of the costs of delivery of national, regional and local newspapers incurred.
Article 28. Media Support Foundation
1. The Foundation shall operate in conformity with the Law on Public Institutions, this Law and other laws as well as its Articles of Association. The participants of the Foundation may, in accordance with its Articles of Association, be associations of artists, organisations of public information producers as well as other organisations and institutions that shape a cultural and educational policy, and are engaged in cultural and/or educational activities. The Articles of Association of the Foundation must provide for the procedure of admission of new participants.
2. The Council of the Foundation shall be in charge of its activity. The Council shall consist of 11 members. They shall be elected for each term of office by a general meeting of the participants of the Foundation. A term of office of a member of the Council shall last two years. The same person may not hold the office of a member of the Council for more than two consecutive terms of office. The Council of the Foundation shall be headed by the chairman of the Council. He shall be elected by the Council of the Foundation from its members for a term of office of the Council. Decisions of the Council of the Foundation shall be adopted by a simple majority vote of all members of the Council; in the event of a tie vote, the chairman of the Council shall have the casting vote. The Council shall operate in compliance with the rules of procedure approved by it. The Council of the Foundation shall take decisions regarding the results of tenders on the basis of the conclusions presented by expert groups. Expert groups shall be formed and operate in accordance with regulations approved by the Council.
3. Sources of funding of the Foundation:
Version of paragraphs 5, 6 and 7 before 1 January 2009:
5. The Foundation shall, by tender, support cultural and educational projects of producers of public information according to the following six programmes:
3) regional media (regional, local newspapers, magazines or other special publications, radio and television);
6. The general provisions for tenders, drawn up by the Council of the Foundation, which reflect the proportions of programmes and financing, and which have been coordinated at a joint meeting of the Seimas Committee on Education, Science and Culture and the Seimas Committee on the Development of Information Society shall be approved by the Government.
As of 1 January 2009, the Article shall be supplemented with paragraph 5; paragraphs 5, 6 and 7 shall be renumbered as paragraphs 6, 7 and 8 respectively:
5. The Foundation shall, by tender, select providers of newspaper delivery services and shall assign the funds of the Foundation to partly reimburse the costs of newspaper delivery incurred by them.
6. The Foundation shall, by tender, support cultural and educational projects of producers of public information according to the following six programmes:
3) regional media (regional, local newspapers, magazines or other special publications, radio and television);
7. The general provisions for tenders, drawn up by the Council of the Foundation, which reflect the proportions of programmes and financing, and which have been coordinated at a joint meeting of the Seimas Committee on Education, Science and Culture and the Seimas Committee on the Development of Information Society shall be approved by the Government.
Article 29. Fair Competition in the Field of Provision of Information to the Public
1. State and municipal agencies as well as all types of other enterprises, agencies and organisations or natural persons may not monopolise the media.
2. The State shall create equal legal and economic conditions for fair competition among the producers and disseminators of public information, except for the producers and/or disseminators of productions of violent and erotic nature. In accordance with the procedure established by this and other laws, State and municipal institutions shall exercise control with a view to upholding pluralism in the provision of information to the public and fair competition, avoiding the abuse of a dominant position by producers and/or disseminators of public information or in any separate media market. A dominant position in the field of provision of information to the public shall be determined in conformity with this Law and the Law of Competition.
Article 30. Lithuanian National Radio and Television
The Lithuanian National Radio and Television (hereinafter referred to as the “LRT”) is a non-profit public establishment belonging to the State by the right of ownership and operating in accordance with this Law and the Law on the National Radio and Television of Lithuania.
Article 31. Licensing of Broadcasting and Re-broadcasting Activities
1. Broadcasting and re-broadcasting activities in the Republic of Lithuania, except for the broadcasting of radio programmes though electronic communications networks the main purpose of which is not programme broadcasting and/or re-broadcasting, as well as the broadcasting carried out by natural persons for non-commercial purposes through such networks and the broadcasting and re-broadcasting activities carried out by the LRT, shall be licensed. Persons who wish to engage in broadcasting and/or re-broadcasting activities must obtain a broadcasting/re-broadcasting licence. Broadcasting and re-broadcasting licences granting the right to establish and operate own electronic communications networks, the right to use own electronic communications networks for broadcasting and/or re-broadcasting of programmes, or the right to use the transmission services provided by a third party shall be issued by the Commission.
2. The Communications Regulatory Authority shall submit to the Commission information about coordinated radio frequencies (channels) which, according to the Strategic Plan for the Assignment of Radio Frequencies to Broadcasting and Transmission of Radio and Television Programmes, are intended to be assigned to broadcasters and/or re-broadcasters which hold licences issued by the Commission granting the right to establish and operate their own electronic communications networks; this information shall be submitted together with information about the basic conditions of operating electronic communications networks required to issue broadcasting and/or re-broadcasting licences. Upon receiving the aforementioned information, the Commission shall issue broadcasting and/or re-broadcasting licences in accordance with the procedure and terms established by this Law and the Rules for Licensing Broadcasting and Re-broadcasting Activities.
3. The Communications Regulatory Authority, having assigned radio frequencies (channels) to transmission providers, shall submit to the Commission information about these radio frequencies (channels) together with information about the basic conditions of operating electronic communications networks required to issue broadcasting and/or re-broadcasting licences. Upon receiving the aforementioned information, the Commission shall issue broadcasting and/or re-broadcasting licences in accordance with the procedure and terms established by this Law and the Rules for Licensing Broadcasting and Re-broadcasting Activities.
4. The basic conditions of operating electronic communications networks specified together with radio frequencies (channels) in a broadcasting or re-broadcasting licence, except for the cases when radio frequencies (channels), provided for in the Strategic Plan for the Assignment of Radio Frequencies to Broadcasting and Transmission of Radio and Television Programmes, are not used for the broadcasting and/or re-broadcasting of programmes, must comply with the basic operating conditions of radio frequencies (channels) and electronic communications networks, intended for broadcasting and/or re-broadcasting radio and television programmes, presented by the Communications Regulatory Authority to the Commission. The actual transmission provider shall be additionally specified in the broadcasting and/or re-broadcasting licence issued by the Commission granting the right to use the transmission services provided by a third party.
5. The Communications Regulatory Authority shall have the right to change the radio frequency (channel) and replace it with another radio frequency (channel) used for the same purpose after giving a six-month advance notice to the radio frequency (channel) user or to cancel the assigned radio frequency (channel) after giving a twelve-month advance notice to the radio frequency (channel) user if:
2) in accordance with the procedure laid down by the Law on Electronic Communications, the radio frequency band designation is modified due to international obligations or EU legal acts, including recommendations – in coordination with the Commission if the assignment of a radio frequency (channel) is changed or cancelled before the expiry of the term of use of the radio frequency (channel) established by the Communications Regulatory Authority;
3) radio frequency (channel) is used inefficiently according to the criteria specified in the Strategic Plan for the Assignment of Radio Frequencies to Broadcasting and Transmission of Radio and Television Programmes;
6. Radio frequencies (channels) shall be the property of the Republic of Lithuania and may not be privatised.
7. The LRT activities shall not be licensed. In order to ensure the broadcasting of LRT programmes, the Commission shall, without tender in order of priority and in accordance with the procedure and conditions set out in this Law, issue authorisations which grant the rights equivalent to those granted by licences referred to in paragraph 1 of this Article.
8. Types of licences, the conditions and procedure for issuing and replacing them shall be established by this Law and the Rules for Licensing Broadcasting and Re-broadcasting Activities. The rules shall be approved by the Commission.
9. When issuing licences, priority shall be given to persons who undertake to produce original cultural, informational and educational broadcasts, ensure accurate and unbiased presentation of information, respect human dignity and right to privacy, protect minors from public information which might have a detrimental effect on their physical, mental and moral development, as well as to persons who have undertaken to broadcast programmes that are not yet broadcast by other broadcasters within the designated reception zone.
10. Broadcasting and re-broadcasting licences shall be issued by tender, except for cases specified in paragraph 11 of this Article.
11. The Commission shall issue broadcasting and re-broadcasting licences without tender in the following cases:
1) to scientific or educational institutions for broadcasting educational and cultural programmes by a terrestrial television or radio station with a power level ranging up to 20 W;
3) for broadcasting and/or re-broadcasting programmes by electronic communications networks the main purpose of which is not the broadcasting and/or re-broadcasting of programmes;
4) for broadcasting and/or re-broadcasting programmes by an artificial Earth satellite (satellites);
12. The Commission shall set the amount of fees for the examination of licence applications and change of licence conditions. The Commission together with an institution authorised by the Government in the field of provision of information to the public shall approve a description of the procedure for setting the amount of a licence fee and shall set the amount of a licence fee according to this description. Licence fees shall be transferred to the Foundation to support audiovisual projects.
13. The licence issued by the Commission to a broadcaster and/or re-broadcaster shall not restrict them from providing other unlicensed services by the same electronic communications network or separate equipment if the provision thereof does not interfere with programme broadcasting or re-broadcasting in accordance with the conditions set out in the licence. Only persons holding a licence may conclude contracts with providers of electronic communications services for transmitting and/or re-broadcasting programmes.
14. The Commission may suspend a licence by its decision for no longer than three months if the Communications Regulatory Authority revokes the right to use a radio frequency (channel) and appeals to the Commission to suspend a licence, or a licence holder seriously breaches the requirements of this Law or conditions of the licence:
1) disseminates information that is not to be published and is prohibited under paragraphs 1 and 2 of Article 19 of this Law;
2) infringes basic conditions of the licence and/or obligations concerning the programme broadcast (re-broadcast) and if an administrative penalty was imposed on him repeatedly for the same infringement within the last 12 months;
3) infringes the legal requirements regarding the protection of minors against the detrimental effect of public information on their physical, mental or moral development and if an administrative penalty has been imposed on him repeatedly for the same infringement within the last 12 months;
15. The Commission may revoke a licence by its decision if:
3) the licence holder does not pursue licensed activity for a period of more than two consecutive months or more than three months within a calendar year without the Commission’s consent;
4) the licence holder has not started to pursue licensed activity within the period specified in the licence;
6) the licence holder fails to eliminate the infringement for which the licence has been temporarily suspended or commits the same infringement within 12 months after the expiration of the temporary suspension term;
7) the licence holder broadcasts and/or re-broadcasts a programme (programmes) within the term of temporary suspension of a licence;
8) there is a change of the owner of the majority share holding of the licence holder or where the control (management) of the licence holder is transferred to another person (persons) without receiving the Commission’s consent, or incorrect data have been provided in the application submitted to receive the Commission’s consent;
9) the Communications Regulatory Authority revokes the right to use a radio frequency (channel) and appeals to the Commission to revoke the validity of the licence;
16. When adopting a decision on the temporary suspension or revocation of a licence, the Commission shall set a specific term as of which the suspension or revocation of the licence becomes effective. This term may not be shorter than the term established by the law for appealing against the Commission’s decisions in court. The licence holder must suspend (discontinue) licensed activity as of the date specified in the decision, except for cases where the court temporarily suspends the Commission’s decision after it has been appealed against in court. If the court does not revoke the Commission’s decision on the temporary suspension or revocation of the licence, the licence holder must suspend (discontinue) licensed activity as of the date when the court decision comes into effect. The Commission’s decision on the temporary suspension or revocation of the licence must be sanctioned by the Vilnius Regional Administrative Court. The request to sanction the Commission’s decision must indicate the factual and legal grounds for adopting the decision as well as supporting evidence. The request must be submitted together with the Commission’s decision, copies of documents supporting its factual and legal grounds as well as other required materials. A judge of the Vilnius Regional Administrative Court must examine the Commission’s request and adopt a motivated decision to satisfy or reject the application within 72 hours from submission thereof. If the Commission does not agree with the judge’s decision to reject the application, its authorized representative shall have the right to, within 7 days, appeal against the decision to the Supreme Administrative Court of Lithuania. The Supreme Administrative Court of Lithuania must examine the appeal against the ruling of the Vilnius District Administrative Court within 7 days from the date of acceptance of the appeal.
17. A licence holder may not transfer the licence or the rights granted thereby to other persons. In the event that a licence holder reorganises its activity, the successor (successors) to its rights and obligations may, by a decision of the Commission without tender, be issued a new licence (licences) to pursue licensed activity under the same conditions if the person submits to the Commission prior to reorganisation a relevant application and reorganisation conditions and if, prior to and in the course of reorganisation, there were no violations of the laws of the Republic of Lithuania regulating broadcasting or re-broadcasting activities, terms and conditions of the licence and decisions of the Commission.
18. In the event of change of the licence holder’s founding documents or members of the managing bodies, the licence holder must inform the Commission thereof within 30 days.
Article 32. Protection from Illegal Broadcasting and/or Re-broadcasting
1. Broadcasters and/or re-broadcasters may not enlarge or otherwise change the territorial area of licensed activity specified in the licence (coverage zone of the programmes broadcast and/or re-broadcast) without the Commission’s permission. Where the assignment and use of radio frequencies (channels) intended for such broadcasting and/or re-broadcasting is regulated by the Strategic Plan for the Assignment of Radio Frequencies to Broadcasting and Transmission of Radio and Television Programmes, the Commission’s permission must be obtained only when the territorial area of licensed activity is changed subject to the criteria set out in the Plan.
Article 33. Programme Re-broadcasting and Common-use Reception Networks
1. Re-broadcasters of television programmes must re-broadcast one LRT programme and all the uncoded terrestrial television programmes of Lithuanian national broadcasters. The Commission may, in the cases and manner provided for in the Rules for Licensing Broadcasting and Re-broadcasting Activities, establish other television programmes which are to be re-broadcast, or exempt from the re-broadcasting of obligatory programmes. The Commission shall determine the minimum number of re-broadcast programmes and the nature thereof. In the event that limited radio frequency (channel) resources are used for the re-broadcasting of programmes, the Commission, taking into account the need for such resources, may limit the maximum number of re-broadcast programmes.
2. When making a decision in relation to obligation to re-broadcast a television programme, the Commission shall take into consideration the artistic value of the programme, its relevance for the viewers living within the territory of licensed activities of a re-broadcaster, as well as other criteria provided for in the Rules for Licensing Broadcasting and Re-broadcasting Activities.
3. Re-broadcasters providing radio programme re-broadcasting services by cable television or wire radio networks must re-broadcast one LRT radio programme.
5. It shall be prohibited to alter the re-broadcast programmes or parts thereof. The use of special technical measures to ensure the protection of minors against the detrimental effect of public information on their physical, mental or moral development or the exceptional rights of other broadcasters to programmes of parts thereof shall not be considered to be an alteration of a re-broadcast programme.
6. The owners of common-use reception networks whereto more than 40 apartments (households) are connected or may be connected, which are intended for own use (non-commercial purposes), must register such networks with the Commission in accordance with the procedure established thereby.
Article 34. Language in which Public Information is Produced and Disseminated
1. Public information shall be produced and disseminated in the State language or any other language pursuant to this Law and the Law on the State Language as well as the resolutions of the State Commission of the Lithuanian Language. The disseminated information must be accessible to the disabled.
2. Radio and television programmes broadcast in a language other than Lithuanian must be translated into Lithuanian or presented with Lithuanian subtitles, except for educational, occasional, special, music and re-broadcast foreign radio and television programmes or broadcasts as well as broadcasts produced by the broadcaster intended for the ethnic minorities of Lithuania. The Commission, taking into account the needs of ethnic minorities residing in the coverage zone of broadcast programmes, may specify in the licence conditions which portion of the programmes broadcast and/or re-broadcast or parts thereof must be comprised of programmes or broadcasts in the languages of ethnic minorities.
3. Broadcasters shall be prohibited from broadcasting audiovisual works which have been translated from an official language of the European Union into a non EU language.
4. When disseminating public information, broadcasters must give priority to the official languages of the European Union, therefore, where it is possible to choose between an official language of the European Union or any other language to rebroadcast the same programme, they must provide all the necessary conditions for the programme or broadcast to be re-broadcast in an official language of the European Union.
Article 35. Storing of Published Information
1. The producer of public information must keep a copy of a published issue, audiovisual works and recordings of broadcast programmes for at least one year from the date of dissemination of information.
2. The requirements laid down in paragraph 1 of this Article shall not apply to the information society media, however, their managers must, in the manner, within the time limits and the scope prescribed by an institution authorised by the Government, ensure that information about the content management is stored up to one year.
Article 36. Requirements Concerning Publications and Their Dissemination
1. Each publication must specify its circulation, other publishing data specified by the Lithuanian standard, and the international standard number of the document (ISBN, ISSN, ISMN, etc.).
2. The circulation of a publication must be audited. Each publication shall, next to its circulation, specify the name of an independent auditor performing audit of the circulation of that publication as well as the date of the last audit.
3. The Government shall determine the number of mandatory copies of all publications (including electronic ones) which must be handed over to libraries free of charge.
Article 37. European Audiovisual Works
1. The following shall be considered to be European audiovisual works (hereinafter referred to as “European works”):
1) works produced in the Republic of Lithuania or EU Member States and other states that have ratified the Council of Europe Convention on Transfrontier Television if: their producers are established in these states or the production of these works is controlled by one or more producers established in these states, or the contribution of the producers established in the aforementioned states to the costs of the co-production (production) is larger than the contribution of the producers established in other (third) European countries and the total co-production (production) is not controlled by one or more producers established outside the Republic of Lithuania, EU Member States or other European countries that have ratified the Council of Europe Convention on Transfrontier Television;
2) works produced in third European countries, i.e. outside EU Member States or other European countries that have ratified the Council of Europe Convention on Transfrontier Television, if they are produced by producers established in one or several third European countries or by such producers in co-operation with producers established in one or several EU Member States and in the Republic of Lithuania provided that the European Union and the Republic of Lithuania have concluded agreements with these third European countries on cooperation in the audiovisual field and provided that these works are mainly produced by authors and producers residing in one or several European countries.
2. Subparagraphs 1 and 2 of paragraph 1 of this Article shall apply in the event that works produced in the Republic of Lithuania or EU Member States are not subject to discriminatory measures in countries referred to in subparagraphs 1 and 2 of paragraph 1 of this Article.
3. Works, which within the meaning of paragraph 1 of this Article should not be considered as European works, but which are produced within the framework of bilateral co-production (production) contracts between EU Member States or the Republic of Lithuania and third European countries, shall be treated as European works if the contribution of EU or Republic of Lithuania producers comprises the major part of the costs of co-production (production) and if the creation (production) thereof is not controlled by producers established in a state other than EU Member State.
4. Works, which within the meaning of paragraphs 1 and 2 of this Article should not be considered as European works, but which are mainly produced in co-operation with authors and producers residing in one or more EU Member States, shall be treated as European works to an extent proportionate to the contribution of producers established in EU Member States to the costs of the total co-production (production).
Article 38. Radio and Television Programmes
1. In their regular broadcasts, television broadcasters shall have the right to freely produce and show short reports (with a duration of up to 90 seconds) about events of public importance that take place in Lithuania and other countries, cultural, sports or other events, for the presentation whereof to the public other broadcasters have acquired exclusive rights.
2. The following requirements shall be complied with when broadcasting television broadcasts or programmes about events of major importance to the public:
1) television broadcasters, having acquired exclusive rights to broadcast broadcasts or programmes about events of major importance to the public which take place in Lithuania and outside its territory, may not broadcast these broadcasts or programmes on an exclusive basis in such a way as to deprive a major part of residents of Lithuania of the possibility to follow such events, broadcast via live coverage or deferred coverage, on free television;
2) broadcasters under the jurisdiction of the Republic of Lithuania may not exercise the exclusive rights specified in subparagraph 1 of this paragraph in such a way as to deprive a major part of people residing in another EU Member State or European country which has ratified the Council of Europe Convention on Transfrontier Television of the possibility to follow the events taking place in Lithuania or outside its territory, which, under the legal acts of that state, are designated as events of major importance to the public. Programmes or broadcasts covering these events shall be broadcast in accordance with the broadcasting procedure established in the respective state.
3) the following events shall be considered to be of major importance to the public in the Republic of Lithuania: Summer and Winter Olympic Games, World and European Basketball Championships, the Football World Cup and European Football Championship, Lithuanian Song Festivals as well as official commemorations of Lithuanian national holidays. The Government may supplement this list with other events considered to be of major importance to the public. An institution authorised by the Government shall establish the requirements that shall be complied with when broadcasting programmes or broadcasts about events of major importance to the public of the Republic of Lithuania;
3. Television broadcasters must, where possible, reserve more than half of their programme time, excluding the time allocated for news, sports events, games, advertising, teletext services and teleshopping, for European works.
4. Television broadcasters must, where possible, reserve at least 10 % of their programme time, excluding the time allocated for news, sports events, games, advertising, teletext services and teleshopping, for European works created by independent producers within the last five years.
5. Other requirements for broadcasters’ programmes shall be established by this Law, the Law on the National Radio and Television of Lithuania and other laws as well as licences issued to broadcasters.
6. The name of the station broadcasting a programme or the name of a programme re-broadcast must be announced during a radio or television programme at least once an hour. If a programme of a radio or television station is shorter than one hour, the name of the programme must be announced at the end of it.
Article 39. Advertising, Teleshopping and Teleshopping Window
1. Advertising, teleshopping and teleshopping window must be fair and honest. Advertising, teleshopping and teleshopping window may not degrade human dignity, include any discrimination on grounds of race, sex or nationality, be offensive to religious or political beliefs or promote behaviour detrimental to health and the environment.
2. Advertising, teleshopping and teleshopping window may not be misleading and undermine the interests of consumers.
3. Advertising, teleshopping and teleshopping window may not have a detrimental effect on the physical, mental or moral development of minors and must comply with the following requirements:
1) they may not encourage minors to purchase a product or choose a service by taking advantage of their inexperience or credulity;
2) they may not directly encourage minors to persuade their parents or other persons to purchase the goods or services being advertised;
3) they may not form children’s opinion that the use of certain services or goods will make them physically, psychologically or socially superior to their peers;
4. Advertisers shall not have the right to exercise any influence over the content of public information, except for the content of their own advertisements.
7. Advertising of tobacco products, including such advertising in teleshopping, shall be prohibited.
8. Restrictions on advertising of alcoholic beverages shall be determined by the Law on Alcohol Control.
9. Advertising of medical treatment with medicines or medicinal products available only on prescription shall be prohibited in the media, except for special publications or broadcasts. Advertising of other medicinal products or medical treatment with medicines must be clearly identifiable and must warn about possible harmful effects if misused.
10. Persons who regularly host newscasts may neither participate in nor voice over advertising, teleshopping and teleshopping window.
11. Advertising, teleshopping and teleshopping window requirements in television programmes:
1) advertising and teleshopping must be clearly identifiable as such and clearly separated from other parts of the programme by acoustic and/or optical means. Advertising and teleshopping shall be integrated between separate parts of the programme. Advertising and teleshopping spots may be integrated between programmes without prejudice to the integrity and value of the separate parts of the television programme (natural intervals, duration and nature of the programme must be taken into account), and the rights of holders of property rights. Announcements made by the broadcaster itself in connection with its own programmes and ancillary products directly related thereto, public announcements, charity appeals and other information broadcast free of charge shall not be considered to be advertising;
2) advertising and/or teleshopping shall not be inserted in any broadcast of a religious service; documentaries, news, religious programmes and children’s programmes, when their duration is less than 30 minutes, shall not be interrupted by advertising or teleshopping. If their scheduled duration is 30 minutes or more, the provisions of this paragraph shall apply;
3) the broadcasting time of advertising in television programmes may not exceed 15 % of the daily broadcasting time. The broadcasting time of advertising, teleshopping and other forms of advertising in television programmes, with the exception of teleshopping windows referred to in subparagraph 5 of this paragraph, may not exceed 20 % of the daily broadcasting time;
4) the total time of advertising, teleshopping and other forms of advertising, with the exception of teleshopping windows referred to in subparagraph 5 of this paragraph, within an astronomical hour of broadcasting may not exceed 12 minutes;
5) teleshopping windows designated for teleshopping, broadcast in programmes that are not exclusively designated for teleshopping, must be of a minimum uninterrupted duration of 15 minutes. The maximum number of teleshopping windows per day shall be eight and their total duration may not exceed three hours per day. Teleshopping windows must be clearly separated from other parts of the programme by acoustic and/or optical means;
6) in programmes consisting of separate, non-related parts and in sports broadcasts as well as in broadcasts of other events, containing intervals, advertising and/or teleshopping spots shall be inserted between the separate parts of the programme or broadcast during the natural intervals of the said events;
7) if the duration of broadcast audiovisual works such as feature films or films made for television (excluding series, serials, light entertainment programmes and documentaries) is longer than 45 minutes, they may be interrupted by advertising once every 45 minutes; the broadcasting of such works may be further interrupted by an advertising spot only if their duration is at least 20 minutes longer than two or more uninterrupted periods of 45 minutes;
8) where broadcasts other than those specified in subparagraph 6 of this paragraph are interrupted by advertising and/or teleshopping, a period of at least 20 minutes must elapse between each successive advertising spot within the programme;
12. A broadcast or article, prepared and/or announced on commission of a producer of non-public information, who disseminates this information for payment or other remuneration, must be separated from other public information by marking them adequately and specifying the contracting body.
13. The National Consumer Rights Protection Board under the Ministry of Justice, the Competition Council and the Commission, in cooperation with other regulatory institutions governing the activities of producers and/or disseminators of public information as well as with institutions of self-regulation of advertising, shall exercise control over compliance with advertising requirements specified in this and other laws.
14. Associations of advertising businesses must lay down additional ethics requirements for advertising in a special advertising code and establish self-regulatory institutions to supervise compliance with such requirements.
15. The provisions of this Article shall apply to advertising which is broadcast in any form or through any means.
Article 40. Sponsorship of Radio and Television Programmes or Broadcasts
1. If a programme or broadcast is sponsored in whole or in part, it must be clearly identified as such at the beginning or end of the broadcast by indicating the name or logo of the sponsor, the image, activities or products thereof.
2. The content or broadcasting time of sponsored programmes or broadcasts may not be influenced by the sponsor.
3. Sponsored programmes or broadcasts, including the presentation (announcement) of the sponsor, may not encourage the sale, purchase or rental of the products or services of the sponsor or a third party, for that purpose making special promotional references to those products or services in the sponsored broadcasts, except for the cases where this is done in advertising spots.
4. Programmes or broadcasts may not be sponsored by persons whose principal activity is the manufacture and/or sale of tobacco products.
5. Persons who manufacture medicinal products or are engaged in medical treatment with medicines may sponsor programmes by indicating the name or logo of their undertaking, however they may not advertise medical treatment with medicines or medicinal products if they are available only on prescription.
Article 41. Duties of Journalists
1. The duties of journalists shall be set out in this and other laws as well as international treaties of the Republic of Lithuania.
2. The journalist must:
1) provide correct, accurate and unbiased news, critically assess sources of his information, check facts closely and attentively, refer to several sources. If it is impossible to verify the reliability of an information source, this must be indicated in the announced information;
2) authorise information prepared for dissemination for the first time if this is requested by the person who has submitted the information;
3) refuse an assignment by the producer, disseminator of public information, their participant or a responsible person appointed by them if this assignment compels him to violate the laws or the Code of Ethics of Lithuanian Journalists and Publishers;
4) adhere in his activities to the basic principles of provision of information to the public and observe the norms of professional ethics of journalists;
6) when requesting information, introduce his surname, indicate his workplace (type of the medium and/or a broadcast for which he produces a reportage, as well as his position; he must also warn the person that his words may be made public in the media;
8) before interviewing a child, get consent from at least one of his parents, guardians or custodians as well as from the child himself;
9) not use audio and video recording means if this is objected by a private person providing information;
Article 42. Duty to Provide Information
1. Producers and disseminators of public information, state and municipal institutions and agencies must provide information (including tapes of broadcasts) free of charge to regulatory and self-regulatory institutions governing the activities of producers and disseminators of public information referred to in Chapter 5 of this Law, which is necessary for the implementation of their functions.
2. Information, relating to personal data managed by the producers and disseminators of public information, which is provided to the regulatory and self-regulatory institutions referred to in paragraph 1 of this Article must be used in compliance with the Law on Legal Protection of Personal Data.
3. The producers and disseminators of public information must provide persons with information (including broadcast tapes) the publication of which, in the opinion of the aforementioned persons, degrades their honour and dignity or has damaged their professional reputation or other legitimate interests. Applications to provide information shall be submitted to the producers and/or disseminators of public information in writing. Public information producers and/or disseminators may exact payment for providing the requested information. The amount of such payment may not exceed the expenses involved in making a copy of the requested information.
Article 43. Professional Ethics when Providing Information to the Public
1. The norms of professional ethics which have to be adhered to by the producers and disseminators of public information as well as journalists shall be defined in the Code of Ethics of Lithuanian Journalists and Publishers (hereinafter referred to as the “Code”), the Resolution on the Ethics of Journalism adopted by the Parliamentary Assembly of the Council of Europe, also by international treaties of the Republic of Lithuania regulating the production and dissemination of public information and this Law.
2. The Code shall be approved, amended or supplemented by the meeting of representatives of journalists’ and publishers’ organisations (hereinafter referred to as the “meeting of representatives”), which shall be convened and attended by the Ethics Commission of Journalists and Publishers. The said meeting shall also be attended by representatives of other journalists’ and publishers’ organisations. The meeting of representatives shall approve, amend or supplement the Code in compliance with the rules of procedure of the meeting. It shall be approved by a simple majority vote by the meeting of representatives on the proposal of the Ethics Commission of Journalists and Publishers.
Article 44. Refutation of Published Information
1. The norms of the Civil Code shall lay down the duty of the media to refute published false information which degrades the honour and dignity of a natural person or has damaged the professional reputation of a legal person, the conditions and procedure for refuting such information as well as civil liability of producers and/or disseminators of public information.
2. If the false information has been announced through the medium (in the press, on television, radio, etc.), a person about whom such information has been announced shall have the right to write out refutation which must specify which published information contradicts reality, when and where it has been announced, which statements of the published information degrade the honour and dignity of the natural person or damage the professional reputation of the legal person, and to demand that the medium which disseminated such information announces the refutation.
3. After having received the refutation specified in paragraph 2 of this Article, the medium must, free of charge, publish the refutation, or announce it in any other adequate way, of the size and in the form equivalent to the size and form of the false information, degrading the honour and dignity of a natural person or damaging the professional reputation of a legal person. This must be done within the period of two weeks, with the exception of the media the periodicity of which is less frequent. In that case, the media shall announce the aforementioned refutation in the first programme of the National Radio of Lithuania (within two weeks) and in their first publication or broadcast coming out after the receipt of the refutation, without comments, in the same place, of the size and in the form (television and radio – on the same weekday and at the same time) equivalent to the size and form of the false information degrading the honour and dignity of a natural person or damaging the professional reputation of a legal person. The medium must announce an answer regardless of whether the information disseminated through it was disseminated on behalf of the medium itself or any other person.
4. If upon receipt of the refutation referred to in paragraph 2 of this Article, the medium decides not to publish such refutation, it must, within two weeks of the receipt of the refutation, reply in writing to a person who submitted the refutation, indicating the reasons and motives for refusal to announce the refutation.
5. The requirements specified in paragraph 3 of this Article must also be adhered to in cases where the medium publishes, of its own free will, the refutation of false information degrading the honour and dignity of a natural person or damaging professional reputation of a legal person.
6. Refusal to publish or announce in any other way the refutation referred to in paragraph 2 of this Article in the manner prescribed in paragraphs 3-5 of this Article may be appealed against in court according to the place of residence of a person whose honour and dignity is degraded by the false information, or according to the place of registration of the head office of a legal person whose professional reputation is damaged by the false information. A complaint must be examined not later than within 30 days from its lodgement; non-working days shall also be included in this time limit.
CHAPTER V
REGULATORY INSTITUTIONS GOVERNING THE ACTIVITIES OF PRODUCERS AND DISSEMINATORS OF PUBLIC INFORMATION AND
SELF-REGULATORY INSTITUTIONS
Article 45. Powers of the Institution Authorised by the Government in the Field of Provision of Information to the Public
1. The implementation of state policy in the field of provision of information to the public shall be coordinated by an institution authorised by the Government.
2. The institution authorised by the Government shall perform the following functions:
1) summarise the practice of the application of laws and other legal acts governing the provision of information to the public and submit proposals regarding the drafting of laws and other legal acts as well as amending and supplementing of effective legal acts;
2) in cooperation with organisations of public information producers and disseminators, draft laws and other legal acts proposed by the Government in the field of provision of information to the public;
3) in cooperation with other institutions and organisations operating in the field of provision of information to the public, implement the provisions of international treaties of the Republic of Lithuania related to provision of information to the public;
4) provide information and methodological assistance on the issues of provision of information to the public;
5) organise conferences, seminars and practical trainings relating to the issues of provision of information to the public;
6) cooperate with relevant foreign institutions and international organisations operating in the field of provision of information to the public;
3. The institution authorised by the Government shall have the right to receive information necessary to perform its functions from associations of public information producers and disseminators, regulatory institutions governing the activities of producers and disseminators of public information and self-regulatory institutions, state and municipal institutions and agencies.
Article 46. Ethics Commission of Journalists and Publishers
1. The Ethics Commission of Journalists and Publishers (hereinafter in this Article referred to as the “Commission”) shall be a collegial self-regulatory institution of public information producers and disseminators.
2. The Commission shall consist of 14 members: with one member delegated by each of the following: the Lithuanian Centre for Human Rights, the Lithuanian Psychiatric Association, the Lithuanian Bishops’ Conference, the Lithuanian Periodical Press Publishers’ Association, the Lithuanian Radio and Television Association, the Lithuanian Cable Television Association, Regional Televisions’ Association, the Lithuanian Journalists’ Union, the Lithuanian Journalists’ Society, the Lithuanian Journalism Centre, the National Radio and Television of Lithuania, the National Association of Journalists Creators, the National Association of Publishers of Regional and Urban Newspapers and the Association of Communication and Advertising Agencies. Members of the Commission shall be appointed for a term of three years. Organisations which delegate their representatives to the Commission shall, at least once a calendar year, convene meetings attended by at least three delegates from each of the aforementioned organisations. The Meeting shall approve the rules of procedure of the Commission.
3. The work of the Commission shall be organised by the Chairman of the Commission, who shall be elected by the Commission from among its members for a term of one year.
4. The Commission shall perform the following functions:
2) examine violations of professional ethics committed in the course of providing information to the public by journalists, producers of public information or responsible persons appointed by the participants therein;
Version of subparagraph 4 of paragraph 4 before 1 January 2010:
Version of subparagraph 4 of paragraph 4 as of 1 January 2010:
6. While pursuing its activities, the Commission shall act in conformity with the Constitution of the Republic of Lithuania, this and other laws, international treaties of the Republic of Lithuania, other legal acts, as well as the Code of Ethics of Lithuanian Journalists and Publishers and the Resolution on the Ethics of Journalism adopted by the Parliamentary Assembly of the Council of Europe.
7. The Commission shall work in accordance with the regulations approved by it. The Commission’s decisions concerning violations of professional ethics or other violations must be published immediately in the same media where the Commission has established these violations and in the same manner as the announcement of refutation laid down in Article 44 of this Law. If a producer and/or disseminator of public information fails to publish within two weeks the decision of the Commission pertaining to the violations of professional ethics or other violations in its own media, the decision shall be announced on the first programme of the National Radio of Lithuania. The decision shall also be announced on the Commission’s website.
8. The producers or disseminators of public information who disagree with the decisions of the Commission may appeal against them to the Vilnius Regional Administrative Court; however, they must announce them in accordance with the procedure established in paragraph 7 of this Article.
Article 47. Radio and Television Commission of Lithuania
1. The Commission shall be an independent institution accountable to the Seimas, which regulates and controls the activities of radio and television broadcasters and re-broadcasters falling under the jurisdiction of the Republic of Lithuania. The Commission shall participate in the formation of national audiovisual policy. It shall act as a body of experts for the Seimas and Government on the issues of radio and television broadcasting and re-broadcasting.
2. In its activities, the Commission shall adhere to the Constitution of the Republic of Lithuania, this and other laws and legal acts, also to the regulations approved by it.
3. The Commission shall be a public legal entity, which has its own seal bearing the State emblem, and bank accounts. The seat of the Commission shall be in Vilnius.
4. The Commission shall consist of 13 members: one member shall be appointed by the President of the Republic, three members shall be appointed by the Seimas on a proposal from the Committee on Education, Science and Culture and the Committee on the Development of Information Society and one member shall be appointed by each of the following: the Lithuanian Artists’ Association, the Lithuanian Filmmakers’ Union, the Lithuanian Composers’ Union, the Lithuanian Writers’ Union, the Lithuanian Theatres’ Union, the Lithuanian Journalists’ Union, the Lithuanian Journalists’ Society, the Lithuanian Bishops’ Conference and the Lithuanian Periodical Press Publishers’ Association. Only a citizen of the Republic of Lithuania of a sufficiently good repute may be appointed as member of the Commission. Members of the Commission shall serve not more than two terms of office of the appointing state institution or the double continuous term of powers of the appointing organisation’s management body. The legal grounds for a member’s work in the Commission shall be a decision adopted by the appointing institution or organisation.
5. A member of the Commission shall not be recalled from office until the expiration of the term of his powers, except where:
2) a member of the Commission has not attended the Commission’s meetings for more than four consecutive months without a valid excuse;
6. In the event that a member of the Commission is recalled from office on the grounds provided for in this Article, the Chairman of the Commission shall request the institution or organisation which has appointed the member in question to appoint a new member of the Commission for the remaining term of office of the member of the Commission who has resigned or has been recalled. Information about the composition of the Commission and any changes thereof shall be published in the official gazette Valstybės Žinios and on the website of the Commission – in the information society medium the manager of which is the Commission.
7. The powers of a member of the Commission shall expire when a decision on appointing a new member by the appointing institution or organisation’s managing body comes into force.
8. Members of the Seimas and the Government, members of the Council of the National Radio and Television of Lithuania, civil servants of political (personal) confidence, persons linked with broadcasters and re-broadcasters by employment relations, also persons having a participating interest in the broadcasters and re-broadcasters may not be appointed as members of the Commission. Family members of members of the Commission may not have a participating interest in broadcasters or re-broadcasters. Members of political parties, when appointed to the Commission, shall suspend their membership in a political party and participation in the activities thereof until the end of their term in the Commission.
9. Members of the Commission shall elect the Chairman of the Commission by a majority vote of all the members of the Commission for a term of two years.
10. Meetings shall be the main form of work of the Commission. The meetings shall be convened at least once a month by the Chairman of the Commission on his own initiative or at the request of at least one-third of the members of the Commission. Information about planned meetings and their agenda shall be published in the press or on the Commission’s website.
11. Meetings of the Commission shall be open to the public. A meeting of the Commission may be closed where there is a need to protect the privacy or property of a person, also if a public hearing may disclose state, professional or commercial secrets.
12. Meetings of the Commission shall be considered valid if they are attended by at least two-thirds of its members. The Commission shall take decisions. Decisions shall be taken by a simple majority vote of all the members of the Commission, except for the cases specified in this Law. Decisions on issuing or refusing to issue a licence, also on imposing penalties, changing licence conditions, tender conditions and results, suspending or revoking a licence shall be taken by at least a two-third majority vote of all the members of the Commission. The aforementioned decisions, except for the decisions on changes in licence conditions and tender conditions, shall be taken by a secret vote.
13. Decisions of the Commission shall be signed by its Chairman or any other person authorized by the Commission. Decisions of the Commission – regulations shall be published in the official gazette Valstybės Žinios, decisions on announcement of tenders, issuance of licences, temporary suspension of licences and revocation of licences shall be published in the supplement Informaciniai Pranešimai to the official gazette Valstybės Žinios. Decisions of the Commission shall come into force on the following day after their publication, unless a later date of their coming into force is set in the said decisions. Other individual legal acts adopted by the Commission shall be published on the website of the Commission – in the information society medium the manager of which is the Commission, and shall come into force on the day of their publication, unless a later date of their coming into force is set in the said legal acts. Decisions of the Commission shall be binding on broadcasters and re-broadcasters; persons may appeal to court against the abovementioned decisions within 30 days of the date of their coming into force.
14. For the purpose of performing functions of the Commission, the Administration of the Commission shall be formed. It shall be headed by the Director of the Administration. An employee of the Administration may not be a member of the Commission. The Director shall be appointed by the Commission by tender. The Director shall make an annual report to the Commission on the activities of the Administration. The composition of the Administration and the number of its staff shall be approved by the Commission. The activities of the Administration shall be organised in conformity with its regulations approved by the Commission.
15. For the purpose of financing the activities of the Commission, the broadcasters and re-broadcasters (except for the LRT) that receive income from broadcasting and/or re-broadcasting activity must every month transfer to the Commission’s account 0.8 % of their income from advertising, subscription fees and other activities related to broadcasting and/or re-broadcasting. Payments from broadcasters or re-broadcasters shall be recovered in court if they fail to transfer the funds to the Commission’s account within a period of three months after the fixed date. The Commission may be financed from other sources as well: funds received for examining licence applications and change of licence conditions, other payments for provided services, support funds, publishing activities, etc.
16. The Commission shall annually draw up and approve the estimate of its planned expenditure. This estimate and the report on its implementation shall be published by the Commission in the supplement Informaciniai Pranešimai to the official gazette Valstybės Žinios.
17. The Chairman of the Commission shall once a year report on the activities of the Commission at a plenary sitting of the Seimas and shall submit the Commission’s financial report.
Article 48. Competence of the Radio and Television Commission of Lithuania
1. The Commission shall perform the following functions:
1) together with the Communications Regulatory Authority, draw up the Strategy for Assigning Radio Frequencies to Broadcast and Transmit Radio and Television Programmes; also, together with the Communications Regulatory Authority and in accordance with the Strategy for Assigning Radio Frequencies to Broadcast and Transmit Radio and Television Programmes, draw up and approve the Strategic Plan for the Assignment of Radio Frequencies to Broadcasting and Transmission of Radio and Television Programmes;
2) announce and organise, in accordance with the procedure established by this Law and the Rules for Licensing Broadcasting and Re-broadcasting Activities, tenders for obtaining broadcasting and/or re-broadcasting licences, determine the terms and conditions of these tenders and licences, issue licences, and change the terms and conditions of licences;
3) set the rate of the fee for the examination of licence applications and change of the terms and conditions of licences;
4) together with an institution authorised by the Government in the filed of provision of information to the public, approve a description of the procedure for fixing the rate of a licence fee and to fix such rate in accordance with the approved description;
5) control how broadcasters and re-broadcasters, as well as other persons broadcasting, re-broadcasting or otherwise disseminating programmes or parts thereof through electronic communications networks, whose main purpose is not broadcasting and/or re-broadcasting of programmes, comply with this Law and the Law on the Protection of Minors against the Detrimental Effect of Public Information, assumed obligations, licence terms and conditions and decisions taken by the Commission;
6) maintain, within the limits of its competence, supervision over the implementation of the provisions of the Law on the Protection of Minors against the Detrimental Effect of Public Information;
7) establish the procedure for implementation of the requirements laid down by the laws and the European Union concerning the structure and content of programmes, the broadcasting of advertising and sponsorship of programmes (broadcasts);
8) maintain control over compliance by broadcasters with the provisions of this Law concerning the proportion of European works and works by independent producers in the programmes broadcast, the right to broadcast events of major importance to the public as well as the requirements laid down in paragraphs 3, 5, 10, 11 and 12 of Article 39 of this Law concerning advertising and provisions on the sponsorship of programmes;
9) maintain control over compliance by re-broadcasters with the provisions of this and other laws concerning the broadcasting, re-broadcasting of programmes and requirements for public information laid down by laws;
10) monitor broadcasters’ and re-broadcasters’ programmes to maintain control over compliance with the laws and decisions of the Commission regulating the activities of broadcasters and re-broadcasters as well as with licence conditions;
11) impose, in accordance with the procedure established by the law, the following penalties on broadcasters and re-broadcasters as well as other persons broadcasting, re-broadcasting or otherwise disseminating programmes or parts thereof through electronic communications networks, whose main purpose is not broadcasting and/or re-broadcasting of programmes, as well as producers and/or disseminators of programmes publicly distributed through data transmission networks, who have violated the requirements of the Law on the Protection of Minors against the Detrimental Effect of Public Information, this Law and licence conditions or who do not comply with the decisions or obligations adopted by the Commission: warnings, pecuniary penalties prescribed by the Code of Administrative Offences of the Republic of Lithuania, suspension of a licence for a period of up to three months, revocation of a licence, appeal to the court regarding the suspension or termination of activities of the information society media in accordance with the procedure laid down by this Law;
12) submit proposals concerning the drafting of laws governing the activities of broadcasters and re-broadcasters as well as other legal acts related to these activities;
14) suspend, in the manner prescribed by this Law, the re-broadcasting within the territory of the Republic of Lithuania of programmes produced abroad;
15) collect information about broadcasters, re-broadcasters and common-use reception networks, analyse their activities, publish information about the participants therein and prepare information and methodical materials on these issues;
16) every two years prepare and submit to the Seimas an analytical survey on the implementation of Lithuania’s audiovisual policy, the development of the market of audiovisual services, the prospects for the expansion of national audiovisual sector, including the statistical data on the progress necessary for all broadcasters falling under the jurisdiction of the Republic of Lithuania to comply with the provisions of paragraphs 3 and 4 of Article 38, also stating the reasons that impede the implementation of the said provisions and remedial measures taken or to be taken;
17) cooperate with the institutions of the European Union and other foreign countries which perform equivalent functions, also represent, within the sphere of its competence, the Republic of Lithuania in international organisations;
2. While carrying out the functions referred to in subparagraph 6 of paragraph 1 of this Article, the Commission may apply to the Inspector of Journalist Ethics regarding the conclusions pertaining to the assigning of public information to the category of information which has a detrimental effect on the development of minors, if members of the Commission have doubts when assessing the damage done to the physical, mental or moral development of minors or assessment of such public information requires special knowledge. Upon the receipt of such inquiry, the Inspector of Journalist Ethics must, in the manner and within the time limits prescribed by this Law, submit to the Commission his own conclusions or the conclusions of experts of the Office of Inspector of Journalist Ethics with respect to that matter.
3. While carrying out the functions established for it by legal acts, the Commission shall have the right:
1) to obtain free of charge from broadcasters and re-broadcasters, managers of the information society media, state and municipal institutions and agencies as well as other legal persons information, including the information which constitutes a commercial secret;
2) to obtain from broadcasters and re-broadcasters, managers of the information society media, state and municipal institutions, as well as agencies, other persons the documents and other information necessary to investigate violations of the relevant laws which are assigned to the competence of the Commission;
4) to set up commissions, working groups for drafting legal acts or dealing with other issues falling within the competence of the Commission, to include specialists from other institutions (upon co-ordination with their heads) in the said commissions, groups;
5) within the limits of its competence as a competent authority, in compliance with Regulation (EC) No 2006/2004 of the European Parliament and of the Council of 27 October 2004 on cooperation between national authorities responsible for the enforcement of consumer protection laws, to participate in the development and implementation of a framework for cooperation established by this Regulation;
7) to conclude agreements, assume obligations, enjoy other civil rights and duties, provided that this is in compliance with laws of the Republic of Lithuania;
8) to enjoy other rights established by this Law, directly applicable legal acts of the European Union, regulating broadcasting and re-broadcasting activities and Regulation (EC) No 2006/2004 of the European Parliament and of the Council of 27 October 2004 on cooperation between national authorities responsible for the enforcement of consumer protection laws as well as other legal acts.
Article 49. Inspector of Journalist Ethics
1. The Inspector of Journalist Ethics (hereinafter referred to as the “Inspector”) shall be a state official who supervises the implementation of the provisions of this Law.
2. The Inspector shall be appointed for a five-year term of office by the Seimas on the recommendation of the Ethics Commission of Journalists and Publishers. The same person may not be appointed the Inspector for more than two successive terms of office. A person appointed the Inspector shall hold office until the appointment of a new Inspector.
3. A citizen of the Republic of Lithuania of a sufficiently good repute with a university degree in law and the competence necessary to perform his duties shall be appointed the Inspector.
4. Members of the Seimas and the Government as well as civil servants of political (personal) confidence may not be appointed the Inspector. The Inspector and members of his family may not be linked with producers and/or disseminators of public information by employment relations and may not hold the shares of the producers and/or disseminators of public information. During his term of office, the Inspector may not participate in political activities.
5. The Inspector shall act in accordance with the Constitution of the Republic of Lithuania, this and other laws, international treaties ratified by the Republic of Lithuania, EU legal acts, the Code of Ethics of Lithuanian Journalists and Publishers and other legal acts.
6. The activities of the Inspector shall be based on the principles of legality, objectivity, justice and openness.
7. The Inspector may not hold any other elective or appointed position, receive any other remuneration, except remuneration in accordance with Law on the Remuneration of State Politicians, Judges and State Officials and payments for creative and pedagogical activities.
8. The Inspector shall be dismissed from office if:
3) he is absent from work due to temporary incapacity for work for more than 120 calendar days in succession or more than 140 days during the last 12 months, unless the laws provide that in the case of certain illnesses the position is retained for a longer period, or when the Inspector is unable to perform his duties pursuant to the conclusions of the Disability and Capacity for Work Establishment Office under the Ministry of Social Security and Labour;
9. When taking a decision, the Inspector may enlist the assistance of experts (groups of experts) which submit their conclusions regarding the assigning of press publications, audiovisual works, radio and television programmes or broadcasts, Internet websites or other media and/or their content to the categories of information of erotic, pornographic and/or violent nature, as well as their conclusions on whether public information incites discord on grounds of sex, sexual orientation, race, nationality, language, descent, social status, religion, convictions or views. The composition and number of experts (groups of experts) shall be approved by the Inspector. Experts (groups of experts) shall be liable under the law for the correctness of their conclusions. Experts (groups of experts) shall operate in accordance with the rules of procedure approved by the Inspector. The description of assigning of the media to the categories of information of erotic and/or violent nature and the procedure for setting the amount of fees for assigning of the media to the categories of information of erotic, pornographic and/or violent nature shall be established by the Government on the recommendation of the Inspector.
10. Activities of the Inspector shall be ensured by the Office of the Inspector of Journalist Ethics. The Office of the Inspector of Journalist Ethics shall be a state budgetary institution headed by the Inspector.
11. The Office of the Inspector of Journalist Ethics shall be a public legal entity and have a seal with the Lithuanian state emblem and the name “Office of the Inspector of Journalist Ethics” inscribed therein. The Inspector shall be held liable for the use and safekeeping of the seal. The seat of the Office of the Inspector of Journalist Ethics shall be in Vilnius, with the premises provided by the Government.
12. The activities of the Inspector, Office of the Inspector of Journalist Ethics and experts (expert groups) operating under it shall be financed from the State budget. The funds allocated for this purpose shall be specified under a separate line.
13. The tasks, functions, rights and duties as well as the structure, organisation of work and financing of the Office of the Inspector of Journalist Ethics shall be laid down in the Regulations of the Office of the Inspector of Journalist Ethics approved by the Seimas.
14. The Inspector shall once a year report to the Seimas on his own activities and activities of the Office of the Inspector of Journalist Ethics and, by 1st April each year, shall present an annual activity report. The report shall be announced on the website of the Office of the Inspector of Journalist Ethics.
Article 50. Competence of the Inspector of Journalist Ethics
1. The Inspector shall perform the following functions:
1) examine the complaints (applications) of interested persons regarding violation of their honour and dignity in the media;
2) examine the complaints (applications) of interested persons regarding violation of their right to protection of privacy in the media;
3) examine the complaints (applications) of interested persons regarding violation of management of their personal data in the media;
4) maintain, within the limits of his competence, supervision over the implementation of the provisions of the Law on the Protection of Minors against the Detrimental Effect of Public Information;
5) assess compliance with the principles of provision of information to the public set forth in this and other laws and legal acts regulating the provision of information to the public;
6) submit proposals to the Seimas and other state institutions for improving this and other laws and legal acts regulating the provision of information to the public and implementation thereof;
7) on the basis of the conclusions of experts (groups of experts), ascribe press publications, audiovisual works, radio and television programmes or broadcasts, the information society media or other media and/or their content to the categories of information of erotic, pornographic and/or violent nature, and inform the State Tax Inspectorate under the Ministry of Finance about press publications of erotic and/or violent nature;
Version of subparagraph 8 of paragraph 1 before 1 January 2010:
Version of subparagraph 8 of paragraph 1 as of 1 January 2010:
8) on the basis of the conclusions of experts (groups of experts), establish whether public information announced in the media incites discord on grounds of sex, sexual orientation, race, nationality, language, descent, social status, religion, convictions or views;
9) cooperate with counterpart institutions of the European Union and other countries as well as represent, within the sphere of his competence, the Republic of Lithuania in international organisations;
10) draw up and publish every two years an analytical survey – the guidelines for the development of a democratic culture in the field of provision of information to the public;
11) carry out monitoring of public information in the media, with the exception of radio and television programmes.
2. In performing the functions specified in paragraph 1 of this Article, the Inspector shall have the right to:
1) having information about violations that were not specified in the complaints (applications), start, on his own initiative, an investigation in accordance with the procedure set forth by this Law or transfer the collected material to other competent state institutions for investigation;
2) in accordance with the procedure established by this Law, obtain information from producers, disseminators of public information free of charge, including information announced in the media managed by them (tapes of video and audio broadcasts, specimen of publications and copies thereof) necessary to perform his functions;
3) obtain information, documents and other materials necessary to perform his functions from state and municipal institutions and agencies free of charge;
4) in accordance with the procedure set forth by this Law, however only to the extend it is necessary to perform his functions, get access to documents constituting a state, official, commercial or bank secret or documents containing information about personal data protected by laws;
5) without violating the rights and legitimate interests of persons, film, make photographs, sound and video recordings and use any other technical means during the investigations in accordance with the procedure prescribed by laws;
6) attend the sittings and meetings organised by the Seimas, the Government and other state institutions, take part in the activities of commissions and working groups set up by them, attend the meetings of regulatory institutions governing the activities of producers and disseminators of public information and self-regulatory institutions when issues related to the implementation of the provisions of this Law, the activities of the Inspector or an investigation carried out by him are considered and express his opinion on the issues;
7) set up working groups and commissions for drafting legal acts and proposals, organising events and considering other relevant issues;
3. In performing the functions specified in paragraph 1 of this Article, the Inspector may take the following decisions:
1) issue a warning to producers and disseminators of public information, (natural) persons responsible for the content of the media about the noticed violations of this Law and other legal acts governing the provision of information to the public and request that they be eliminated;
2) request that a producer or disseminator of public information refute, in accordance with the established procedure, published false information degrading the honour and dignity of a person or damaging his professional reputation or legitimate interests, or provide the person with a possibility to reply and deny such information himself;
3) apply to competent state institutions and the Ethics Commission of Journalists and Publishers regarding the noticed violations of this Law and other legal acts governing the provision of information to the public;
4) draw up reports of administrative offences in the cases set out in the Code of Administrative Offences;
5) hear cases of administrative offences and impose administrative penalties in the cases set out in the Code of Administrative Offences;
7) terminate the investigation started on own initiative if violations or circumstances due to which the investigation was started have not been corroborated;
4. A complaint (application) submitted to the Inspector must specify:
1) the name, surname and address of the person (applicant) who has lodged the complaint (application);
2) the specific medium and publication or broadcast which disseminated information degrading the honour and dignity of a person (applicant) who has lodged the complaint (application), violating the person’s right to protection of privacy or interests of minors;
3) which disseminated information contradicts reality, in what way the right to privacy has been violated and the interests of minors have been affected;
5. The complaint (application) which does not contain at least one of the requirements specified in paragraph 4 of this Article shall not be examined unless the Inspector decides otherwise. In the event that the Inspector refuses to examine the complaint (application) due to the shortcomings in the content requirements, the person (applicant) shall be informed thereof within five working days specifying the shortcomings. Upon elimination of the shortcomings, the person’s (applicant’s) complaint (application) shall be accepted for consideration with the date of lodgement thereof considered to be the date when the complaint (application) meeting all the requirements was received.
6. In the cases referred to in subparagraphs 1-3 of paragraph 1 of this Article, the Inspector shall only examine the complaints (applications) of persons whose rights are violated in the media or legal representatives as well as appointed representatives of such persons. In these cases, anonymous complaints (applications) shall not be investigated.
7. In the case referred to in subparagraph 4 of paragraph 1 of this Article, the Inspector shall examine complaints (applications) of not only those persons whose rights have been violated in the media or their legal representatives but also complaints (applications) lodged by other persons, including anonymous complaints (applications). In this case, the Inspector may start an investigation on his own initiative.
8. Written or oral appeals, applications and notifications by the interested persons (applicants) which do not contain complaints against the actions of producers and/or disseminators of public information but which only request explanations, information or required documents, express an opinion or submit a conclusion regarding the implementation of this Law shall not be considered complaints (applications).
9. The Inspector shall refuse to examine a complaint (application) and shall return it to the person (applicant) who has lodged the complaint (application) where:
1) investigation of the circumstances specified in the complaint (application) falls outside the scope of competence of the Inspector. In this case, the complaint (application) shall, within five working days, be forwarded to an entity of public administration which has the required powers and the person (applicant) who has lodged the complaint (application) shall be informed thereof. Where an institution competent to examine the complaint (application) is a court, the complaint (application) shall be returned to the person (applicant) who has lodged the complaint (application) and the necessary information shall be provided;
2) upon commencing examination of the complaint (application), it transpires that the complaint (application) in relation to the same issue is also being examined by the court; In this case, the examination of the complaint (application) shall be suspended until the court investigates the complaint (application). The person who has lodged the complaint (application) shall be informed of the suspension of the examination of the complaint (application). In that case, the investigation of the complaint (application) shall be renewed only upon request of the person who has lodged the complaint (application) and upon notifying the Inspector thereof in writing;
3) the court or the Inspector have already taken a decision on the same issue and the person (applicant) has not provided any new factual data allowing to appeal against the decision. In that case, the person shall be informed of the decision not to examine the complaint (application) within 5 working days from the date of receipt of the complaint (application);
4) it is impossible to commence the investigation of the complaint (application) due to the shortage of data and when requested, the person who has lodged the complaint (application) does not provide data necessary for the investigation of the complaint (application) or is unable to provide the data for objective reasons;
5) a procedural decision has been adopted to start a pre-trial investigation relating to the subject matter of the complaint (application);
10. In the case specified in subparagraph 6 of paragraph 9 of this Article, where a person (applicant) withdraws some of the claims from his complaint (application), only the part of the complaint (application) whereof no claims have been withdrawn shall be examined.
11. In the event that a decision to refuse to examine the complaint (application) is taken, the person (applicant) who has lodged the complaint (application) must be notified of the reasons for such refusal.
12. The investigation of a complaint (application) shall be terminated if circumstances specified in paragraph 9 of this Article transpire in the course of the investigation.
13. The Inspector shall examine the complaint (application) received within three months from the date of receipt thereof.
14. If a complaint (application) is justified, the Inspector may take one of the decisions specified in paragraph 2 of this Article. The Inspector shall present the decision to the person (applicant) who has lodged the complaint (application), producers and/or disseminators of public information, persons responsible for the content of the media.
15. In cases where a complaint (application) is considered unjustified, the Inspector must give a reasoned response in writing to the person (applicant) who has lodged the complaint (application).
16. The decisions of the Inspector, except for the cases specified in paragraph 17 of this Article, shall be published free of charge in the supplement Informaciniai pranešimai to the official gazette Valstybės žinios and on the website of the Office of the Inspector of Journalist Ethics. In such cases, the operative part of the Inspector’s decision must be forthwith announced in the same medium wherein the Inspector established violations.
17. In cases where announcement of the Inspector’s decision may violate a person’s rights and/or legitimate interests or where the person who has lodged the complaint (application) does not request to announce the decision, the Inspector’s decision shall not be announced publicly. In such cases, the Inspector’s decision shall only be presented to the person who has lodged the complaint (application) and the producer and/or disseminator of public information who manages the medium wherein the violation was established.
18. The decisions of the Inspector may be appealed against in court within 30 days of the announcement thereof or, where the decision is not announced publicly, of the receipt of the notification of adoption thereof.
CHAPTER VI
LIABILITY FOR VIOLATIONS OF LEGAL ACTS REGULATING
PROVISION OF INFORMATION TO THE PUBLIC AND PROCEDURE FOR ITS IMPLEMENTATION
Article 51. Liability of Producers and Disseminators of Public Information and Officials
1. Producers or disseminators of public information shall, in accordance with the procedure established by this and other laws, be liable for violating this and other laws and international treaties of the Republic of Lithuania regulating the production of public information, also for violating the procedure of dissemination of public information established by laws.
2. The manager of the information society medium shall be liable for the content thereof in the manner prescribed by this and other laws.
Article 52. Suspension or Termination of Activities of Producers and/or Disseminators of Public Information
1. The activities of a producer and/or disseminator of public information, except for broadcasters and/or re-broadcasters, may be temporarily suspended or terminated by the court if the producer and/or disseminator of public information violate the provisions of paragraphs 1 and 2 of Article 19 of this Law.
2. When making a decision on the suspension of the activities of a producer and/or disseminator of public information, the suspension term set by the court may not exceed one month with respect to newspaper editorial offices and three months with respect to magazine editorial offices.
Article 53. Compensation for Damage
Damage incurred due to violations of this Law shall be compensated in accordance with the procedure laid down in the Civil Code.
Article 54. Release from Compensation for Damage
1. A producer and/or disseminator of public information shall not be liable for the publication of false information if he indicates the source of information and the information was:
1) provided in official or publicly announced documents of state and municipal institutions and agencies, political parties, trade unions and associations or other persons;
2) publicly stated in open meetings, sessions, press conferences, demonstrations and other events, and if the producer of public information has not distorted the statements made. In this case, all responsibility shall fall on the organisers of the aforementioned events and the persons who made the information public;
3) published earlier in other media if the information has not been refuted in the media wherein it was published;
4) announced by participants of live radio and television broadcasts who are not subordinate to the producer of public information;
5) announced in a special election campaign broadcast which was not produced by the producer of public information;
2. In the cases specified in paragraph 1 of this Article, liability for the publication of false information shall fall upon the person who was the first to publish such information.
I promulgate this Law passed by the Seimas of the Republic of Lithuania.
PRESIDENT OF THE REPUBLIC
Annex to
Republic of Lithuania
Law on
Provision of Information to the Public
EU LEGAL ACTS IMPLEMENTED BY THIS LAW
1. Council Directive 89/552/EEC of 3 October 1989 on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the pursuit of television broadcasting activities (OJ 2004 special edition, Chapter 6, Volume 1, p. 224).
2. Directive 97/36/EC of the European Parliament and of the Council of 30 June 1997 amending Council Directive 89/552/EEC on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the pursuit of television broadcasting activities (OJ 2004 special edition, Chapter 6, Volume 2, p. 321).
3. Directive 98/48/EC of the European Parliament and of the Council of 20 July 1998 amending Directive 98/34/EC laying down a procedure for the provision of information in the field of technical standards and regulations (OJ 2004 special edition, Chapter 13, Volume 21, p. 8).