REPUBLIC OF LITHUANIA
LAW ON THE PROVISION OF INFORMATION TO THE PUBLIC
2 July 1996 – No I-1418
(As last amended on 30 June 2011– No XI-1572)
Vilnius
CHAPTER I
GENERAL PROVISIONS
Article 1. Purpose of the Law
1. This Law shall establish the procedure for collecting, producing, publishing and disseminating public information and the rights, duties and liability of producers and disseminators of public information, their participants, journalists and institutions regulating their activities.
Article 2. Definitions
1. “Subscriber” means a person who receives radio and/or television programmes under a contract with a broadcaster or re-broadcaster of radio and/or television programmes.
2. “Announcement” means a separate unit of a radio or television programme the purpose of which is to present the programme (programmes).
3. “Terrestrial television” means the broadcasting and/or re-broadcasting of television programmes by an analogue or digital terrestrial television station or a network of such stations.
4. “Terrestrial radio” means the broadcasting and/or re-broadcasting of radio programmes 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 the broadcasting and/or re-broadcasting of the same radio 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 the broadcasting and/or re-broadcasting of the same television programme (programmes) to the public.
7. “Criticism of a person” means the examination and evaluation of a person or his activities without degrading the person’s honour and dignity, without violating his privacy and damaging his professional reputation.
8. “Personal health information” means information concerning the health of a natural person as defined in the legal acts 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 the states of the European Economic Area located in the Republic of Lithuania.
10. “Audiovisual policy” means the establishment and implementation of the strategy for and the principles of national management of the audiovisual sector, the directions, objectives and tasks of its development, the drafting of laws and other legal acts of the Republic of Lithuania regulating the activities of the audiovisual sector, their harmonisation 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 interrelated moving images with or without sound recorded (fixed) in a material visual recording medium.
12. “Common-use radio and/or television programme 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 a television set, radio receiver and other reception equipment used to receive the broadcast and/or re-broadcast radio and/or television programmes or any other type of broadcast information.
16. “Information society media” means the media by which public information is disseminated in the course of provision of information society services.
17. “Manager of information society media” means a person who actually manages the information society media wherein public information is produced and/or disseminated or who produces and/or disseminates the content of such media.
18. “Information society service” means a service usually provided against remuneration by electronic means, at a distance and at the individual request of a recipient of the 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 the information society service.
20. “Provider of an information society service” (hereinafter referred to as a “service provider”) means a person who renders the information society service, including a representative office or branch of a foreign legal person.
21. “Intermediate provider of information society services” means a provider of information society services who transmits information offered by a service recipient by an electronic communications network and who provides a possibility to use the electronic communications network or who stores information provided by the service recipient.
22. “Cable television” means the broadcasting and/or re-broadcasting of television programmes by a cable television network.
23. “Cable television network” means the infrastructure a major part whereof is wired and used for the broadcasting and/or re-broadcasting of 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 the infrastructure a major part whereof is wired and used for the broadcasting and/or re-broadcasting of radio programmes to the terminal equipment.
26. “Catalogue” means a list of programmes on offer drawn up by a provider of on-demand audiovisual media services.
27. “Audiovisual commercial communication” means information disseminated by images with or without sound which is designated to promote, directly or indirectly, the goods, services or the name of a person engaged in economic and commercial activities and which is included in a television programme in return for payment or for similar consideration or for self-promotional purposes. Forms of audiovisual commercial communication shall include, inter alia, television advertising, sponsorship notification, teleshopping and product placement.
31. “Microwave multichannel distribution system” (hereinafter referred to as the “MMDS”) means the broadcasting and/or re-broadcasting of television programmes by the MMDS network.
32. “Microwave multichannel distribution system network” (hereinafter referred to as the “MMDS network”) means an electronic communications network used for the broadcasting, re-broadcasting and receiving television programmes, changing their encoding or electromagnetic oscillation parameters and transmitting them by microwave terrestrial transmitters and by the signal reception networks of such transmitters to the terminal equipment.
33. “National newspaper” means a newspaper which is circulated within a territory inhabited by more than 60% of residents of the Republic of Lithuania.
34. “National radio and/or television programme” means a radio and/or television programme which is broadcast by a terrestrial radio and/or television network and received within a territory inhabited by more than 60% of residents of the Republic of Lithuania.
35. “Independent producer” means a person who is not a participant of a provider of audiovisual media services or a broadcaster of radio programmes or a member of the management bodies thereof, also a person who is not linked with a provider of audiovisual media services or a broadcaster of radio programmes by employment and service relations or joint activity who creates audiovisual works or programmes and sells them freely or otherwise transfers them for public dissemination.
36. “Opinion” means a view, understanding, perception, notion, thoughts or comments on ideas of general nature, judgements of facts and data, phenomena or events, conclusions or remarks regarding the news related to real events published in the media. The opinion may be based on facts or substantiated arguments and is usually subjective, therefore, it is not subject to the criteria of truth and accuracy; however, it must be expressed in good faith and ethically, without deliberately concealing and distorting the facts and data.
37. “Official documents of state and municipal institutions and agencies” means written, graphic, audio, computer information or other documents relating to the activities of state and municipal institutions, enterprises and agencies and persons authorised by the State produced, approved or received by them in the course of exercising the powers established by regulations which are entered in the records of documents of the said institutions, enterprises and agencies.
38. “Satellite television” means the broadcasting and/or re-broadcasting of television programmes by an artificial Earth satellite (satellites).
39. “Satellite radio” means the broadcasting and/or re-broadcasting of radio programmes by an artificial Earth satellite (satellites).
40. “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 the trade mark thereof presented in a way that the user of advertising may fail to understand that it is advertising or may be mislead as to the actual aim of the presented advertising. Such presentation of information shall be considered as surreptitious advertising in all cases where it is done in return for payment or for similar consideration.
41. “Surreptitious audiovisual commercial communication” means information disseminated in any form and by any means for advertising purposes about the name and/or activities, goods, services or the trade mark of a producer of goods and/or provider of services presented in a way that the user may fail to understand that it is audiovisual commercial communication. Such presentation of information shall be considered as surreptitious audiovisual commercial communication especially when it is done in return for payment or for similar consideration.
42. “Information of pornographic nature” means information where an actual or simulated sexual intercourse, genitalia, defecation, masturbation or paraphilias (paedophilia, sadism, masochism, zoophilia, necrophilia, etc.) are shown explicitly and in detail, this being the main purpose of such information.
43. “Product placement” means explicit information in the form of audiovisual commercial communication about a product, a service or a trade mark and/or the references thereof featured in a programme in return for payment or for similar consideration.
44. “Private information” means information about the personal and family life of a person, his personal health, etc. not to be published with a view to ensuring the protection of the person’s right to privacy.
45. “Private life” means the personal and family life of a person, his living environment consisting of a person’s dwelling with its private territory and other private premises which the natural person uses for his economic, commercial or professional activities as well as the mental and physical inviolability of the natural person, his honour and reputation, secret personal facts, the natural person’s photographs or other images, his personal health information, private correspondence or other communications, personal views, convictions, habits and other data which may be used only with his consent.
46. “Programme” means a set of sounds or moving images with or without sound independent in terms of content and structure usually constituting an individual item within an established programme schedule or catalogue and whose form and content correspond to the form and content of radio and/or television programmes (feature-length films, sports or other events, situation comedies, documentaries, children’s programmes, original drama, announcements, audiovisual commercial communications, talk shows, news programmes, etc.).
47. “Programme schedule” means an advance plan of radio or television programmes to be broadcast usually published in the media specifying the names of programmes and their broadcasting time.
48. “Radio frequency (channel)” means a radio frequency band necessary for the transmission of at least one radio or television programme.
49. “Radio programme” means a set of programmes broadcast by a radio broadcaster disseminated to the public by electronic communications networks.
50. “Broadcasting of radio programmes” means a media service provided by a broadcaster of radio programmes for simultaneous listening to programmes on the basis of a programme schedule.
51. “Broadcaster of radio programmes” means a provider of radio programme broadcasting services who has the editorial responsibility for the selection of the content of radio programmes and for its organisation in a radio programme schedule and who creates and produces radio programmes and/or parts of programmes and transmits them to the public or allows another person to transmit them unaltered to the public.
52. “Radio station” means a technical complex comprised of radio transmitters together with antennae and other technical equipment intended for broadcasting, re-broadcasting or transmitting radio programmes.
53. “Editorial responsibility” means responsibility falling on the producer and/or disseminator of public information, with the exception of the re-broadcaster, for the exercise of control over the production of public information for the public, preparing it for dissemination and dissemination of such information as well as over the selection of programmes and over their organisation in a chronological order in a programme schedule and/or over the presentation of programmes in a catalogue.
54. “Regional newspaper” means a newspaper at least 90% of whose circulation is distributed within the territory of a single county of the Republic of Lithuania.
55. “Regional programme broadcaster” means a broadcaster of radio or television programmes whose programme broadcast by a terrestrial television or radio network is received within a territory which is inhabited by less than 60% of residents of the Republic of Lithuania.
56. “Advertising” means information disseminated in any form and by any means in the interests of an advertiser or for self-promotional purposes, except for television advertising, 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 the takeover of property rights and obligations.
57. “Sponsorship” means any contribution made by a person not engaged in the broadcasting of radio programmes and/or providing audiovisual media services and/or in the production of audiovisual or audio works to the financing of audiovisual media services and/or programmes with a view to promoting his name, trade mark, image, activities or his products or services.
58. “Re-broadcasting” means an audiovisual media service provided by a re-broadcaster intended for the reception of complete broadcast radio and/or television programmes or parts of programmes and their simultaneous transmission unaltered to the public by electronic communications networks.
59. “Re-broadcasting licence” means a written document issued by the Radio and Television Commission of Lithuania granting its holder the right to engage in radio and/or television re-broadcasting activities within a defined territory and laying down the conditions for such re-broadcasting.
60. “Re-broadcaster” means a person who re-broadcasts to the public unaltered broadcast radio and/or television programmes or parts of programmes.
61. “Transmission” means the sphere of electronic communications activity related to the broadcasting and/or re-broadcasting of radio and/or television programmes comprising the transmission of electromagnetic signals of radio and/or television programmes by electronic communications networks to the terminal equipment.
62. “Transmission station” means a technical complex comprised of radio and/or television transmitters together with antennae and other technical equipment intended for the broadcasting, re-broadcasting or transmitting of radio and/or television programmes.
63. “Information of violent nature” means information which shows 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 to violence, cruelty or indulgence in such acts.
64. “Teleshopping” means direct offers broadcast to the public by a broadcaster of television programmes to purchase goods or use services, including offers to purchase immovable property, property rights and obligations, in return for payment.
65. “Teleshopping window” means a programme intended for teleshopping inserts broadcast in television programmes that are not exclusively intended for teleshopping.
66. “Television programme” means a set of programmes broadcast by a broadcaster of television programmes disseminated to the public by electronic communications networks.
67. “Broadcasting of television programmes” means an audiovisual media service provided by a provider of audiovisual media services for simultaneous viewing of programmes on the basis of a programme schedule.
68. “Broadcaster of television programmes” means a provider of television programme broadcasting services who has the editorial responsibility for the selection of the content of the audiovisual media service and for its organisation in a television programme schedule and who creates and produces television programmes and/or parts of programmes and transmits them to the public or allows another person to transmit them unaltered to the public.
69. “Television advertising” means information announced in any form by a provider of audiovisual media services whether in return for payment or for similar consideration which a person engaged in economic, commercial or professional activities orders to be disseminated or disseminates for self-promotional purposes or in order to promote the goods or services, including immovable property, rights and obligations.
70. “Television station” means a technical complex comprised of television transmitters together with antennae and other technical equipment intended for the broadcasting, re-broadcasting or transmitting of television programmes.
71. “Broadcasting licence” means a written document issued by the Radio and Television Commission of Lithuania granting its holder the right to engage in radio and/or television programme broadcasting activities within a defined territory and laying down the conditions for such broadcasting.
72. “On-demand audiovisual media service” means an audiovisual media service provided by a media service provider for the viewing of programmes at the moment chosen by the user and at his individual request on the basis of a catalogue selected by the audiovisual media service provider.
73. “Public figure” means a state politician, judge, state or municipal official, the head of a political party and/or association who, due to the office held or the nature of his work, regularly participates in state or public activities, or any other natural person, provided that he enjoys the powers of public administration or administers the provision of public services or provided that his regular activities are of relevance to public affairs.
74. “Public information” means information intended for public dissemination, except for the information referred to in paragraph 42 of this Article and information which may not be disseminated to the public under the laws of the Republic of Lithuania.
75. “Producer of public information” means a provider of an audiovisual media service, a broadcaster of radio programmes, a publishing house, a film, audio or video studio, an information, advertising or public relations agency, an editorial office, a manager of the information society media, an independent producer, a journalist or any other person producing public information or submitting it for dissemination.
76. “Disseminator of public information” means a provider of an audiovisual media service, a re-broadcaster, a broadcaster of radio programmes, a manager of the information society media or any other person disseminating public information to the public who is responsible for the lawfulness of such information.
77. “Local newspaper” means a newspaper at least 90% of whose circulation is distributed within the territory of a single municipality of a city or district.
78. “Local radio and/or television programme” means a radio and/or television programme broadcast by a single transmission station.
79. “Provision of information to the public” means the provision of public information to the public.
80. “Audiovisual media service” means the broadcasting of television programmes, an on-demand audiovisual media service and an audiovisual commercial communication service the editorial responsibility for the selection of the content whereof falls on the audiovisual media service provider engaged in economic and commercial activities in order to inform, entertain or educate and broadcasting (transmitting) the programmes to the public by electronic communications networks.
81. “Audiovisual media service provider” means a person who has editorial responsibility for the selection of the content of the audiovisual media service and determines the manner in which the content of the service is provided.
82. “Media” means a newspaper, journal, bulletin or any other publication, a book, television programme, radio programme, film or any other production of audio and video studios, the information society media and any other media used for public dissemination of information. Under this Law, an official, technical and service document as well as securities shall not be attributed to the media.
83. “Addiction” means the abuse of alcohol, the use of narcotic, toxic, psychotropic and other substances which cause psychological dependence as well as psychological dependence on gaming.
85. “News programme” means a programme the content whereof includes information about politics, economy, culture, sports, weather and other fields relevant to the public.
86. “Magazine” means an illustrated periodical information publication intended for a mixed audience with printed articles from a variety of fields.
Article 3. Basic Principles of Provision of Information to the Public
1. Freedom of information embedded in the Constitution, this Law and other laws and treaties of the Republic of Lithuania shall be guaranteed in 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, laws and treaties of the Republic of Lithuania, also by the principles of humanism, equality, tolerance and respect for every human being; they shall respect freedom of speech, creativity, religion and conscience, and the diversity of opinion, 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 the state independence and nurture the state language, national culture and morality.
4. The enjoyment of freedom of information may be restricted by the requirements, conditions, restrictions or penalties which are laid down in laws and are 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 with a view to preventing violations of law and crimes and disclosure of confidential information, and to protect public health and morality as well as their private life, dignity and other rights.
Article 4. Freedom of Information
1. Every person shall have the right to freely express his ideas and convictions and to 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, a person’s health, honour, dignity, private life and morality.
2. Unrestricted reception and re-broadcasting of television programmes from the EU Member States and other European states which have ratified the Council of Europe Convention on Transfrontier Television, broadcast in accordance with the requirements laid down in 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 the content thereof has been distorted during the editorial production;
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 Obtain Information from State and Municipal Agencies and other laws, provide public information as well as the available private information, except for cases in which private information is not to be provided specified by laws.
4. Information for the production whereof the accumulation of additional data is not required shall be provided to the producers and/or disseminators of public information and journalists not later than within one working day, whereas information for the production whereof additional data has to be accumulated shall be provided not later than within one week.
5. State and municipal institutions and agencies as well as other budgetary institutions which have refused to provide public information to the 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 the information.
6. Public information relating to state and municipal institutions and agencies shall be free of charge. These agencies may charge a fee only for the services involving retrieval of the provided information and duplication (copying) of information or documents. The fee may not exceed the actual costs of the provision of information.
7. Other agencies and enterprises as well as political parties, political organisations, trade unions, associations and other organisations shall provide the 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 agencies, enterprises or organisations.
Article 7. Restrictions on Editing
In order to ensure freedom of information, it shall be prohibited to exert pressure on the producer or disseminator of public information, their participant or a journalist, compelling them to present information in the media in an incorrect and biased manner.
Article 8. Confidentiality of the Source of Information
The producer or disseminator of public information, their participant or a journalist shall have the right to keep 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 persons’ constitutional rights and freedoms and the administration of justice.
Article 9. Right to Public Criticism of the Activities of State and Municipal Institutions and Agencies and 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 Unlawful Restrictions on Freedom of Information
Censorship of public information shall be prohibited in the Republic of Lithuania. Any actions whereby an attempt is made to control the content of information to be published in the media before its publication, with the exception of 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 unlawfully restrict a person’s right to obtain, collect or disseminate information.
Article 12. Accreditation of Journalists
1. A producer and/or disseminator of public information shall have the right to accredit their journalists with state institutions, political parties, political organisations and associations as well as with other institutions by agreement between the parties.
2. A journalist may take part in the meetings and other events of the institution or organisation he has been accredited with; he shall be provided with verbatim reports, minutes and other documents or copies thereof subject to 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 a Person’s Rights, Honour and Dignity
1. To avoid violation of a person’s rights and to protect his honour and dignity, in 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 the natural person, the private domain of the 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 images 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 due to a health impairment;
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 Private Life
1. In producing and disseminating public information, a person’s right to 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 contributes to revealing violations of law or criminal acts, also where such information is presented at the open court proceedings. Furthermore, information about the private life of a public figure 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 importance.
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 false, inaccurate or biased information shall have the right of reply, refuting the false information or correcting the published information, or shall have the right to require 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, producers and disseminators of public information must present in the media as many opinions that are independent of each other as possible.
Article 17. Protection of Minors
1. Producers and/or disseminators of public information must, in accordance with the procedure established by the law, ensure 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 and information encouraging addictions.
2. The criteria for assigning public information to the information which has a detrimental effect on the physical, mental or moral development of minors shall be established in the Law of the Republic of Lithuania on the Protection of Minors against the Detrimental Effect of Public Information.
Article 18. Information Not to Be Provided
1. State and municipal institutions and agencies as well as other bodies, enterprises and organisations shall not provide the producers and/or disseminators of public information as well as other persons with information which is defined by the law as a state, official, professional, commercial or bank secret or as 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 the state or public order or where refusal to provide such information would prevent violations of law or would be of utmost importance for the protection of human health shall also not be provided.
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 age, sex, sexual orientation, ethnic origin, race, nationality, citizenship, language, origin, social status, belief, convictions, views or religion;
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 his honour and dignity.
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 in the information society media and other public information assigned to information of erotic, pornographic or violent nature or other restricted public information.
Article 20. Duty to Publish Official State Notifications
1. In the event of natural disasters, major accidents or epidemics as well as war or state of emergency, producers and disseminators of public information must, in cases specified by laws and/or the Government and according to the procedure established thereby, publish the official state notifications free of charge and in an efficient manner.
2. In the event of war or state of emergency, the Seimas may, by a law, impose restrictions and/or other obligations on the activities of producers and disseminators of public information necessary to protect the interests of citizens and the public.
Article 21. Protection of Copyright and Related Rights
Producers and disseminators of public information as well as 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 ACTIVITies 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. The relations between the producers and disseminators of public information and their participants shall be governed by this Law and other laws, legal acts and agreements between the parties.
2. All persons, except for the cases specified in this Law and other laws of the Republic of Lithuania, may produce and/or disseminate information in the Republic of Lithuania. Only legal persons or legal persons established in the states of the European Economic Area and organisations which have no legal personality as well as branches of such legal persons and organisations which have no legal personality established in the Republic of Lithuania and in other states of the European Economic Area may be engaged in licensed radio and/or television programme broadcasting and/or re-broadcasting activities in the Republic of Lithuania.
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, not later than within 30 days of the transfer of ownership rights, inform thereof the Radio and Television Commission of Lithuania (hereinafter referred to as the “Commission”).
4. Where upon selling or otherwise transferring the shares (interests, member shares) of a broadcaster and/or re-broadcaster holding a broadcasting and/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 to 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 the 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 the broadcaster’s and/or re-broadcaster’s shares (interests, member shares) and/or its control (management) are prohibited, in cases provided for by laws, from being participants of producers and/or disseminators of public information;
3) the transfer and acquisition of the broadcaster’s and/or re-broadcaster’s shares (interests, member shares) and/or its control (management) results in concentration and an authorisation from the Competition Council has not been obtained where such an authorisation is required under the Law on Competition.
6. State and municipal institutions and agencies (except for research and educational establishments), banks and political parties may not be producers of public information and/or their participants; however, they may publish non-periodical informational publications and have the information society media intended to inform the public of their activities, unless otherwise provided for by laws.
7. Every producer of public information or a participant thereof must appoint a person (editor-in-chief, editor, programme host or another person) responsible for the content of the media. Where the same natural person is both a producer of public information and a participant thereof, he shall have responsibility for the content of his media.
8. Producers of public information:
1) in disseminating information to the public, may not distort correct and impartial information and opinions and use that for sordid purposes. Public information shall not be compatible with journalistic campaigns which are held based on prejudice or to satisfy group or political interests;
2) must be objective and impartial and to provide as many opinions as possible on the controversial issues relating to politics, economy and other issues of public life;
3) when recording various public actions – meetings, marches, strikes, pickets, etc. – may not instigate to take unlawful or desperate actions;
5) must protect and respect a person’s right to privacy in the event of death or disease, must not mention personal data when announcing the news about suicides or suicide attempts;
6) may not promote or depict smoking, drinking or the use of narcotic drugs in an attractive manner. 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 the 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. The producer of public information must have the 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 and responsibility and official relations of journalists as well as the protection of journalists against the possible restrictions of his rights.
2. Regardless of whether a journalist is linked with a producer of public information by employment relations, the producer of public information must agree with the journalist in writing as to the use of the journalist’s copyrighted work. Such an agreement shall also be considered a collective agreement drawn up between the producer of public information or an organisation representing him and journalists or an organisation representing them, laying down the conditions of use of the journalists’ copyrighted works. If the producer of public information who uses a copyrighted work of the journalist has not agreed upon it with the journalist in writing and is not a party to the 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 Legal Persons who Are Publishers of Local, Regional and National Newspapers and Magazines or Managers of the Information Society Media
1. Legal persons who are publishers of local, regional and national newspapers and magazines or managers of the information society media, with the exception of those referred to in paragraph 6 of Article 22 of this Law, must submit to the 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 and within the time limits established by the aforementioned institution the data on their participants 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) and inform of the revised data if they change. Notifications of the revised data must contain the names and surnames (names) of such participants, their personal numbers (registration numbers), the stake held in the assets or the number of shares as well as the percentage of votes, administrative bodies and members thereof as well as information about property relations and/or joint activity linking them with other producers and/or disseminators of public information and/or their participants. Where the participants of the legal persons are legal persons registered in the Republic of Lithuania or in a foreign state, the participants of such entities must also be indicated. The institution authorised by the Government shall publish the received data on its website not later than within 15 days from the date of receipt thereof.
2. The President of the Republic, members of the Seimas and the Government, members of municipal councils, civil servants of political (personal) confidence as well as heads of state and municipal institutions and agencies must submit to the institution authorised by the Government according to its established procedure the data about the legal persons who are publishers of local, regional and national newspapers and magazines or managers of the information society media of which they are participants. The institution authorised by the Government shall publish the received data on its website.
3. Producers and/or disseminators of public information and their participants must publish in their media information about any sponsorship received if it exceeds the amount of ten base social benefits, specifying the amount and provider of the sponsorship.
Article 25. Providers of Audiovisual Media Services under the Jurisdiction of the Republic of Lithuania
1. A provider of audiovisual media services shall be considered to fall under the jurisdiction of the Republic of Lithuania if he meets at least one of the following conditions:
1) the head office of the provider of audiovisual media services is in the Republic of Lithuania and the editorial decisions relating to the audiovisual media services are taken in the Republic of Lithuania;
2) the head office of the provider of audiovisual media services is in the Republic of Lithuania and the editorial decisions relating to the audiovisual media services are taken in another EU Member State or a state of the European Economic Area, he is considered to be established in that Member State in which the majority of his employees engaged in the audiovisual media service activities carry out the activities relating to the provision of such services. Where the majority of the employees engaged in the audiovisual media service activities carry out the activities in both Member States, the provider of the audiovisual media service shall be considered to be established in the Republic of Lithuania. Where the majority of the employees engaged in the audiovisual media service activities do not carry out the activities in any of the Member States, the provider of the audiovisual media service shall be considered to be established in that Member State in which he commenced his activities in compliance with the law of that Member State, provided that he maintains permanent and effective economic relations with that Member State;
3) the head office of the provider of audiovisual media services is in the Republic of Lithuania, but the editorial decisions relating to the audiovisual media services are taken in third countries (a country other than a Member State of the European Union or a state of the European Economic Area) or the head office of the provider of audiovisual media services is in a third country (a country other than a Member State of the European Union or a state of the European Economic Area), but the editorial decisions relating to the audiovisual media services are taken in the Republic of Lithuania, he is considered to be established in the Republic of Lithuania if the majority of the employees engaged in the audiovisual media service activities carry out the activities in the Republic of Lithuania.
2. A provider of audiovisual media services who does not meet any of the conditions specified in paragraph 1 of this Article and who does not fall under the jurisdiction of any EU Member State, state of the European Economic Area or any other state which is a party to the Council of Europe Convention on Transfrontier Television shall be considered to fall under the jurisdiction of the Republic of Lithuania, provided he meets the following conditions:
1) the provider of audiovisual media services uses a transmission station set up in Lithuania which transmits signals to the satellite;
3. Where under paragraphs 1 and 2 of this Article it is impossible to establish which Member State has the jurisdiction over a provider of audiovisual media services, the Republic of Lithuania shall be considered a competent state if the provider of audiovisual media service is established therein under Articles 49-54 of the Treaty on the Functioning of the European Union (OJ 2008 C 115, p. 47).
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 his permission.
2. It shall be permitted to disseminate in the Republic of Lithuania the media produced abroad if the content thereof does not contradict the provisions of this Law and other laws and treaties of the Republic of Lithuania. It shall be permitted to broadcast and re-broadcast in the Republic of Lithuania radio and/or television programmes or parts of programmes produced abroad without prejudice to the provisions of this Law and other laws.
Article 27. State Support for Producers of Public Information
1. The State shall support cultural and educational projects of producers of public information which are legal persons. State financial support shall be provided to producers of public information by tender and, except for the support specified in paragraph 2 of this Article, through the public establishment Media Support Foundation (hereinafter referred to as the “Foundation”). Each year the Seimas shall allocate the funds from the state budget to the Foundation. State institutions and agencies may not provide financial support or in essence equivalent support to producers of public information.
2. Financial support from the State budget for the publishing of books as well as publishing of works distributed on audio and visual media, and for the production of cinematographic films shall be allocated through the Ministry of Culture and the Ministry of Education and Science on the recommendation of expert commissions operating under the aforementioned Ministries.
Article 271. State Support for Publishers whose Newspapers and Magazines Are Delivered to Subscribers in Rural Residential Areas
1. The State shall support publishers of newspapers and magazines whose newspapers and magazines are delivered to subscribers in rural residential areas (hereinafter referred to as “publishers”), except for publishers of newspapers and magazines assigned to publications of erotic and/or violent nature and of such publications in which advertising constitutes over 50% of the text. State financial support for publishers shall be ensured by allocating partial funding to them to reimburse up to 30% of expenses incurred by the publishers in the course of delivery of newspapers and magazines to subscribers in rural residential areas (hereinafter referred to as “delivery”). State partial financial support for publishers shall be provided in accordance with the procedure established by the Government or an institution authorised by it. The Government or the institution authorised by it shall also determine the maximum amount of state partial financial support allocated to a single publisher.
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, in accordance with its articles of association, may be associations of artists, organisations of producers of public information as well as other organisations and institutions shaping cultural and educational policy and 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 activities. The Council of the Foundation 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 of the Foundation shall last two years. The same person may not be a member of the Council of the Foundation 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 the 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 of the Foundation shall have the casting vote. The Council of the Foundation 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 the regulations approved by the Council of the Foundation.
3. Sources of funding of the Foundation shall be:
3) annual fees for the licences of broadcasters and re-broadcaster of radio and/or television programmes registered in the Republic of Lithuania;
4. The Foundation shall, on the basis of a separate estimate, allocate funds to the Ethics Commission of Journalists and Publishers for the performance of functions established by laws.
5. The Foundation shall, by tender, select providers of newspaper delivery services and shall allocate 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 under the following six programmes:
3) regional media (regional, local newspapers, magazines or other special publications, radio and television);
7. General provisions for tenders, drawn up by the Council of the Foundation, which represent the proportions of programmes and funding 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 producers and disseminators of public information, except for producers and/or disseminators of productions of violent and erotic nature. In accordance with the procedure established by this Law 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 segment of the 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”) shall be 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 Lithuanian National Radio and Television.
Article 31. Licensing of Radio and/or Television Programme Broadcasting and Re-broadcasting Activities
1. Radio and/or television programme broadcasting and re-broadcasting activities in the Republic of Lithuania shall be licensed, except for broadcasting of radio programmes by electronic communications networks the main purpose of which is not broadcasting and/or re-broadcasting of radio and/or television programmes as well as broadcasting carried out by natural persons for non-commercial purposes by such networks. Persons who wish to engage in radio and/or television programme broadcasting and/or re-broadcasting activities must obtain broadcasting and/or re-broadcasting licences. Broadcasting and re-broadcasting licences granting the right to set up and operate own electronic communications networks, the right to use own electronic communications networks for broadcasting and/or re-broadcasting of radio and/or television programmes or the right to use the transmission service provided by a third party shall be issued by the Commission. The Rules for Licensing of Broadcasting and Re-broadcasting Activities shall be approved by the institution authorised by the Government in the field of provision of information to the public on the recommendation of the Commission.
2. The Communications Regulatory Authority shall submit to the Commission information about the coordinated radio frequencies (channels) which, in accordance with the plan for the assignment of radio frequencies for broadcasting and transmission of radio and television programmes, are assigned to broadcasters and/or re-broadcasters of radio and/or television programmes in possession of licences issued by the Commission granting them the right to set up and operate own electronic communications networks 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 of Broadcasting and Re-broadcasting Activities.
3. The basic conditions of operating electronic communications networks specified in the broadcasting or re-broadcasting licence together with radio frequencies (channels), except for the cases where radio frequencies (channels) provided for in the plan for the assignment of radio frequencies for broadcasting and transmission of radio and television programmes are not used for the broadcasting and/or re-broadcasting of radio and/or television programmes, must comply with the basic operating conditions of radio frequencies (channels) and electronic communications networks intended for the broadcasting and/or re-broadcasting of radio and/or television programmes presented by the Communications Regulatory Authority to the Commission. A specific transmission provider shall be additionally entered in the broadcasting and/or re-broadcasting licence issued by the Commission granting the right to use the transmission service provided by a third party.
4. The Communications Regulatory Authority shall have the right to replace the radio frequency (channel) with another radio frequency (channel) used for the same purpose after giving a six-month advance notice to the user of the radio frequency (channel) or to cancel the assignment of the radio frequency (channel) after giving a twelve-month advance notice to the user of the radio frequency (channel) 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 the EU legal acts, including recommendations – in coordination with the Commission if the assignment of the 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) the radio frequency (channel) is used inefficiently based on the criteria specified in the plan for the assignment of radio frequencies for broadcasting and transmission of radio and television programmes;
5. Radio frequencies (channels) shall be the property of the Republic of Lithuania and may not be privatised.
6. Radio and/or television programme broadcasting activities pursued by the LRT shall not be licensed. In order to ensure the broadcasting of the LRT radio and/or television programmes, the Commission shall, without tender in order of priority and in accordance with the provisions and conditions set out in this Law, issue authorisations granting the rights equivalent to those granted by the licences referred to in paragraph 1 of this Article.
7. When issuing broadcasting and re-broadcasting licences, priority shall be given to persons who undertake to produce original cultural, informational and educational programmes, ensure accurate and impartial presentation of information, respect a person’s 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 radio and/or television programmes that are not yet broadcast by other broadcasters of radio and/or television programmes within the designated reception zone.
8. Broadcasting and re-broadcasting licences shall be issued by tender, except for the cases specified in paragraph 9 of this Article. The Commission shall publish invitations to tender for obtaining broadcasting and/or re-broadcasting licences not later than within 15 days of the receipt of the information specified in paragraph 2 of this Article from the Communications Regulatory Authority. The decisions of the Commission relating to the publication of invitations to tender shall be published in the supplement Informaciniai pranešimai to the official gazette Valstybės žinios. Refusal of the Commission to issue the broadcasting and/or re-broadcasting licence must be substantiated and communicated to the tenderer in writing.
9. The Commission shall issue broadcasting and re-broadcasting licences without tender in the following cases:
1) to research and higher education institutions or educational establishments – for broadcasting educational and cultural radio and/or television programmes by terrestrial radio and/or television stations with a power level ranging up to 20 W;
2) for broadcasting and/or re-broadcasting television programmes by cable television and radio networks;
3) for broadcasting and/or re-broadcasting television programmes by electronic communications networks the main purpose of which is not the broadcasting and/or re-broadcasting of radio and/or television programmes;
4) for broadcasting and/or re-broadcasting programmes by an artificial Earth satellite (satellites);
10. On the recommendation of the Commission, the institution authorised by the Government in the field of provision of information to the public shall approve a description of the procedure for fixing the amount of the annual fee for broadcasting and re-broadcasting licences (hereinafter referred to as the “annual licence fee”) and shall fix the amount of the annual licence fee in compliance with the aforementioned description. The annual licence fees shall be transferred to the Foundation to support audio and visual projects.
11. The institution authorised by the Government in the field of provision of information to the public shall fix the annual licence fee having regard to:
1) the nature and content of radio and/or television programmes broadcast and/or re-broadcast by the licence holder;
2) the territory in which programmes will be broadcast and/or re-broadcast and decoders and other equipment distributed to enable access to the programmes (where the programmes are broadcast and/or re-broadcast using conditional access systems) and the number of residents in that territory;
12. A broadcasting and/or re-broadcasting licence issued by the Commission to a broadcaster and/or re-broadcaster of radio and/or television programmes shall not restrict the possibility to provide other unlicensed services by the same electronic communications network or separate equipment if the provision thereof does not interfere with the broadcasting or re-broadcasting of radio and/or television programmes in accordance with the terms and conditions set out in the broadcasting and/or re-broadcasting licence. Only the holders of broadcasting and/or re-broadcasting licences may conclude agreements with providers of electronic communications services to transmit and/or re-broadcast radio and/or television programmes.
13. 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 the licence or a licence holder seriously breaches the requirements of this Law or the terms and conditions of the licence:
1) disseminates information that is not to be published and prohibited under paragraphs 1 and 2 of Article 19 of this Law;
2) infringes the basic terms and conditions of the broadcasting and/or re-broadcasting licence and/or obligations concerning the broadcast and/or re-broadcast radio and/or television programme and an administrative penalty has been 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 an administrative penalty has been imposed on him repeatedly for the same infringement within the last 12 months;
14. The Commission may adopt a decision to revoke a broadcasting and/or re-broadcasting licence if:
3) the licence holder does not pursue the 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 commenced the pursuit of the licensed activity within the period specified in the licence;
5) the licence holder submitted incorrect data when applying for the broadcasting and/or re-broadcasting 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 radio and/or television programme (programmes) during the term of temporary suspension of the licence;
8) there is a change of the owner of the majority share holding of the licence holder or 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 licence;
15. 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 this Law for appealing against the Commission’s decisions in court. The licence holder must suspend (discontinue) the licensed activity as of the date specified in the decision, except for cases where the court temporarily suspends the validity of the Commission’s decision upon appealing against in court. If the court does not revoke the Commission’s decision on the temporary suspension or revocation of the broadcasting or re-broadcasting licence, the licence holder must suspend (discontinue) the licensed activity as of the date when the court decision enters into force. The Commission’s decision on the temporary suspension or revocation of the broadcasting or re-broadcasting licence must be sanctioned by Vilnius Regional Administrative Court. The application to sanction the Commission’s decision must specify the factual and legal grounds for the adoption of the decision by the Commission as well as the supporting evidence. The application must be submitted together with the Commission’s decision, the copies of documents supporting its factual and legal grounds as well as other required materials. A judge of Vilnius Regional Administrative Court must examine the Commission’s application and adopt a reasoned ruling to satisfy or reject the application within 72 hours from submission thereof. If the Commission does not agree with the ruling of the judge of Vilnius Regional Administrative Court to reject the application, its authorised representative shall have the right within seven days to appeal against the court ruling at the Supreme Administrative Court of Lithuania. The Supreme Administrative Court of Lithuania must examine the appeal against the ruling of Vilnius Regional Administrative Court within seven days from the date of acceptance of the appeal.
16. A licence holder may not transfer the licence or the rights granted thereby to other persons. In the event that a licence holder is reorganised, the successor (successors) to its rights and obligations may, by a decision of the Commission, be issued a new licence (licences) without tender to pursue the licensed activity of broadcasting of radio and/or television programmes under the same conditions if that person prior to reorganisation submits to the Commission an appropriate application and specifies reorganisation conditions and if, both prior to and during the reorganisation, there have been no violations of the laws of the Republic of Lithuania regulating radio and/or television programme broadcasting or re-broadcasting activities, terms and conditions of the licence and decisions of the Commission.
17. In the event of change of the licence holder’s founding documents or members of the management bodies, the licence holder must inform the Commission thereof not later than within 30 days.
18. A licence holder must inform the Commission about the intended discontinuation of the licensed activity of broadcasting of radio and/or television programmes not later than 30 days prior to discontinuation. Upon receiving the Commission’s consent, the licence holder may temporarily suspend the licensed activity of broadcasting of radio and/or television programmes, but for a period not longer than three months.
Article 32. Protection from Unlawful Broadcasting and/or Re-broadcasting
1. Broadcasters and/or re-broadcasters of radio and/or television programmes may not extend or otherwise change the territorial area of the licensed activity specified in the licence (coverage zone of broadcast and/or re-broadcast radio and/or television programmes) without the Commission’s permission. In cases where the assignment and use of radio frequencies (channels) intended for such broadcasting and/or re-broadcasting is regulated by the plan for the assignment of radio frequencies for broadcasting and transmission of radio and television programmes, the permission of the Commission must be obtained only where the territorial area of the licensed activity is changed subject to the criteria set out in this plan.
2. It shall be prohibited to unlawfully interfere with radio and/or television programmes broadcast by other broadcasters of radio and/or television programmes, use for broadcasting and/or re-broadcasting of radio and/or television programmes radio frequencies (channels) not specified in the licence or cause broadcasting interference.
Article 33. Re-broadcasting of Radio and Television Programmes
1. Re-broadcasters of television programmes under the jurisdiction of the Republic of Lithuania must re-broadcast all the uncoded national television programmes of the LRT.
2. The Commission may take a decision to exempt from the obligation to re-broadcast the uncoded national television programmes of the LRT specified in paragraph 1 of this Article where such a decision does not limit the possibilities of the user to view these programmes by the available technical means.
4. It shall be prohibited to alter the re-broadcast radio and/or television programmes or parts of the programmes or insert therein any other information. The use of special technical measures with a view to ensuring the protection of minors against the detrimental effect of public information on their physical, mental or moral development, adapting for the disabled or ensuring the exclusive rights of other broadcasters of radio and/or television programmes to television programmes or parts thereof shall not be considered an alteration of the re-broadcast television programme.
5. In re-broadcasting licences, the Commission shall determine the specific re-broadcast television programmes, languages in which television programmes are re-broadcast and/or shown with subtitles and other re-broadcasting conditions.
6. Upon establishing the cultural or public value of a special television programme broadcast, the Commission may, at the request of the broadcaster, grant it the must-carry programme status and provide that re-broadcasters of programmes must re-broadcast it free of charge. Only special cultural, educational, scientific, news, sports or regional television programmes shall be recognised as must-carry television programmes. When taking such a decision, the Commission shall define the scope of re-broadcasting.
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 on the Lithuanian Language, except for the cases specified in this Law. Producers and disseminators of public information, in cooperation with the competent state and municipal institutions and agencies, shall, where possible, ensure that the disseminated public information is accessible to the disabled.
2. Radio and/or television programmes broadcast in a language other than Lithuanian must be translated into Lithuanian or shown with Lithuanian subtitles, except for educational, occasional, special, music and re-broadcast foreign radio and/or television programmes or parts of programmes as well as programmes produced by broadcasters of radio and/or television programmes intended for the ethnic minorities of Lithuania. The Commission, taking into account the needs of ethnic minorities residing in the coverage zone of broadcast radio and/or television programmes, where necessary, when specifying the terms and conditions of the licence may determine the share of broadcast and/or re-broadcast radio and/or television programmes or parts thereof which must be comprised of radio and/or television programmes or parts of programmes in the languages of the ethnic minorities.
3. Broadcasters of television programmes shall be prohibited from showing audiovisual works which have been translated from an official EU language into a non EU language.
4. When re-broadcasting television programmes, re-broadcasters must give priority to the official EU languages, therefore, where it is possible to choose between the official EU language or any other language to re-broadcast the same television programme, they must provide all the conditions for the television programme or a part of the programme to be re-broadcast in the official EU language.
Article 341. Freedom to Provide Audiovisual Media Services and Restrictions Thereon
1. Free reception of audiovisual media services from the EU Member States, states of the European Economic Area and other European states which have ratified the Council of Europe Convention on Transfrontier Television shall be guaranteed in the Republic of Lithuania.
2. It shall be permitted to broadcast and re-broadcast in the Republic of Lithuania radio and/or television programmes or parts of programmes produced abroad without prejudice to the provisions of this Law and other laws.
3. Free reception in the Republic of Lithuania of television programmes broadcast or re-broadcast from the EU Member States, states of the European Economic Area and other European states which have ratified the Council of Europe Convention on Transfrontier Television shall be temporarily suspended when all the following conditions are present:
1) such television programmes violate the requirements of Article 17, subparagraph 3 of paragraph 1 of Article 19 or subparagraph 4 of paragraph 1 of Article 19 of this Law;
2) the violation specified in subparagraph 1 of this paragraph is repeated within 12 months of the first violation;
3) upon receiving a written conclusion of the competent institution regarding a suspected violation, the Commission has informed the broadcaster of television programmes and the European Commission about the suspected violations and about the measures the Commission intends to take in the event of repeated violations;
4. In cases where stricter or more detailed requirements for broadcasting of television programmes are established in the legal acts of the Republic of Lithuania than those laid down in the Audiovisual Media Services Directive and a broadcaster of television programmes under the jurisdiction of another EU Member State or a state of the European Economic Area broadcasts a television programme which is wholly or mostly directed towards the territory of the Republic of Lithuania, the Commission shall apply to the responsible institution of the EU Member State or the state of the European Economic Area having jurisdiction with a view to achieving a mutually satisfactory solution to any problems posed.
5. Where the Commission determines that in the case specified in paragraph 4 of this Article the achieved results are insufficient to solve the problem posed and the broadcaster of television programmes whose programmes violate the requirements of the legal acts of the Republic of Lithuania has established itself in a state under the jurisdiction of another EU Member State or a state of the European Economic Area in order to circumvent stricter requirements set for the specified fields than those set in the Audiovisual Media Services Directive which are applicable to broadcasters of television programmes established in the Republic of Lithuania, the Commission shall have the right to adopt against that broadcaster of television programmes such appropriate measures likely to be applied as are objectively necessary, applied in a non-discriminatory manner and proportionate to the objectives which they pursue and impose such measures.
6. The Commission shall take the measures specified in paragraph 5 of this Article only in the presence of all the following circumstances:
1) the Commission has notified the European Commission and the Member State in which the broadcaster of television programmes is established of its intention to take the measures specified in paragraph 5 of this Article substantiating the grounds on which it bases its assessment;
7. If the European Commission decides that the measures are incompatible with the EU legislation, the Commission shall not have the right to take the proposed measures.
8. In the case of provision of on-demand audiovisual media services, the Commission may take measures restricting the free use of audiovisual media services only in the presence of all the following circumstances:
1) the measures are necessary with a view to ensuring public order, in particular the prevention, investigation, detection and prosecution of criminal offences, including the protection of minors and the fight against any incitement to hatred on grounds of race, sex, religious convictions or nationality, and violations of human dignity concerning individual persons; also with a view to ensuring the protection of public health, public security, including the safeguarding of national security and defence, the protection of consumers, including investors;
2) the measures are taken against an on-demand audiovisual media service which prejudices the objectives referred to in subparagraph 1 of this paragraph or which presents a serious and grave risk of prejudice to those objectives;
3) the measures taken are proportionate to the objectives specified in subparagraph 1 of this paragraph;
4) without prejudice to court proceedings, including pre-trial investigation and acts carried out as part of a criminal investigation, the Commission has applied to the responsible institutions of the EU Member State, the state of the European Economic Area or another state requesting to take measures and the latter did not take such measures or the measures were inadequate.
9. Before taking the measures specified in paragraph 8 of this Article and without prejudice to court proceedings, including pre-trial investigation and acts carried out as part of a criminal investigation, the Commission must notify the European Commission, the EU Member State and the state of the European Economic Area under whose jurisdiction the audiovisual media service provider falls of its intention to take such measures. The requirements of this paragraph shall apply only when taking the measures referred to in paragraph 8 of this Article against the audiovisual media service provider falling under the jurisdiction of the EU Member State or the state of the European Economic Area.
10. In case of urgency, the Commission may derogate from the provisions of paragraph 9 of this Article. In that case, the Commission must, within the shortest possible time, notify of the measures taken the European Commission and the responsible institution of the EU Member State or the state of the European Economic Area under whose jurisdiction the audiovisual media service provider falls and indicate the reasons for which the Commission considers that there is urgency. The requirements of this paragraph shall apply only when taking measures against the audiovisual media service provider falling under the jurisdiction of the EU Member State or the state of the European Economic Area.
11. Free reception in the Republic of Lithuania of television programmes and/or parts of programmes and/or catalogues from countries other than the EU Member States, states of the European Economic Area and other European states which have ratified the Council of Europe Convention on Transfrontier Television may be suspended upon a decision of the Commission if such television programmes and/or parts of the programmes and/or the catalogues of those countries violate the requirements of Articles 17 or 19 of this Law. In its decision, the Commission shall indicate the specific measures and the date of their application with a view to suspending the reception of the aforementioned television programmes and/or parts of the programmes and/or the catalogues in the territory of the Republic of Lithuania. The measures to be applied must be proportionate to the violations committed.
12. The decision of the Commission taken pursuant to paragraph 11 of this Article regarding the suspension of reception of television programmes and/or parts of programmes and/or catalogues in the territory of the Republic of Lithuania may be adopted only upon receiving a sanction of Vilnius Regional Administrative Court.
Article 342. Information about Audiovisual Media Service Providers
Audiovisual media service providers must make the following information easily, directly and permanently accessible to service recipients in accordance with the procedure established by the Commission:
2) the address of the registered office at which the audiovisual media service provider is established;
3) the details of the audiovisual media service provider, including his electronic mail address or website, which allow him to be contacted rapidly, in a direct and effective manner;
Article 35. Storing of Published Information
1. A producer and disseminator of public information must keep a copy of the printed publication, audiovisual works and recordings of the radio and/or television programmes broadcast for at least one year from the date of dissemination of the 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 the institution authorised by the Government, ensure that information about the content management is stored for up to one year.
Article 36. Requirements Set for Publications and Dissemination Thereof
1. Each publication must specify its circulation, other publishing details set by the Lithuanian standards and the international standard number (ISBN, ISSN, ISMN, etc.). These requirements shall not apply to publications intended for advertising or entertainment purposes (booklets, postcards, calendars, etc.).
2. The circulation of local, regional and national newspapers and magazines, except for those whose circulation does not exceed 500 copies or which contain no advertising, must be verified in accordance with the procedure established by the Government or an institution authorised by it.
Article 37. European Audiovisual Works
1. The following shall be considered European audiovisual works (hereinafter referred to as “European works”):
1) works produced in the Republic of Lithuania or in other EU Member States and states of the European Economic Area and other states which have ratified the Council of Europe Convention on Transfrontier Television, if the producers of such works are established in these states are or the production of such 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) countries and the total co-production (production) is not controlled by one or more producers established outside the Republic of Lithuania, the EU Member States, the states of the European Economic Area or the other states which have ratified the Council of Europe Convention on Transfrontier Television;
2) works produced in third countries, i.e. outside the EU Member States, states of the European Economic Area or other states which have ratified the Council of Europe Convention on Transfrontier Television, if they are produced by producers established in one or several third 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 countries on cooperation in the audiovisual field and provided that such works are largely produced by authors and producers residing in one or several European states.
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 the EU Member States are not subject to discriminatory measures in the 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 have been produced within the framework of bilateral co-production (production) contracts between the EU Member States or the Republic of Lithuania and third countries, shall be treated as European works if the contribution of the producers from the EU or the Republic of Lithuania 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 the 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 have been largely produced in co-operation with authors and producers residing in one or several EU Member States shall be treated as European works to the extent proportionate to the contribution of producers established in the EU Member States to the costs of the total co-production (production).
Article 38. Requirements Set for Radio and Television Programmes
1. Broadcasters of television programmes in their regularly broadcast programmes shall have the right to freely produce and show short news reports (with a duration of up to 90 seconds) covering events of major importance for society in Lithuania and abroad for the provision of information whereon to the public other broadcasters of television programmes have acquired exclusive rights. Short news reports must be broadcast not earlier than after the end of the live broadcast of the event of public importance. Broadcasters of television programmes shall not pay for the broadcasting of short news reports to the broadcasters of television programmes who have acquired exclusive rights for the provision of information covering the event of major importance for society, except for the cases where the provision of access to events of major importance for society entails additional costs on the part of the broadcaster of television programmes who provides such access. The payment for the provision of access to events of major importance for society may not exceed the additional costs directly incurred in providing access.
2. All broadcasters of television programmes established in any EU Member State or a state of the European Economic Area wishing to produce short news reports shall have the right to access on a fair, reasonable and non-discriminatory basis to events of major importance for society which are transmitted on an exclusive basis by the audiovisual media service provider under the jurisdiction of the Republic of Lithuania.
3. If another broadcaster of television programmes established in the same Member State as the broadcaster of television programmes seeking access to events of major importance for society has acquired exclusive rights to the particular event of major importance for society, access must be sought from that broadcaster of television programmes.
4. Access to events of major importance for society must be guaranteed by allowing broadcasters of television programmes to freely choose short news reports from the signal of the transmitting broadcaster of television programmes and, unless impossible for reasons of practicality, at least identifying their source.
5. Short news reports may be used solely for general news programmes and may be used in on-demand audiovisual media services only if the same programme is offered on a deferred basis by the same audiovisual media service provider.
6. The following requirements shall be complied with when broadcasting television programmes covering events of major importance for society:
1) broadcasters of television programmes under the jurisdiction of the Republic of Lithuania having acquired exclusive rights to broadcast programmes covering the events of major importance for society taking place in Lithuania or outside its territory may not broadcast these programmes on an exclusive basis in such a way as to deprive a substantial proportion of Lithuania’s population of the possibility of following such events by live coverage in free television programmes;
2) broadcasters of television programmes under the jurisdiction of the Republic of Lithuania may not exercise the exclusive rights referred to in subparagraph 1 of this paragraph in such a way as to deprive a substantial proportion of people residing in another EU Member State, a state of the European Economic Area or a state which has ratified the Council of Europe Convention on Transfrontier Television of the possibility of following 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 for society. Programmes covering such events shall be broadcast in accordance with the broadcasting procedure established in the respective state.
3) broadcasters of television programmes under the jurisdiction of the Republic of Lithuania may not exercise the exclusive rights purchased after 30 July 1997 in such a way that a substantial proportion of residents in another EU Member State or a state of the European Economic Area is deprived of the possibility of following events of major importance for society in that EU Member State or the state of the European Economic Area by whole or partial live coverage or, where necessary or appropriate for objective reasons in the public interest, whole or partial deferred coverage in free television recordings which are considered by the other EU Member States or states of the European Economic Area to be of major importance for society.
7. A list of events considered to be of major importance for society in the Republic of Lithuania drawn up by the Commission shall be approved by the Government on the recommendation of the institution authorised by it in the field of provision of information to the public.
8. Broadcasters of television programmes must, where possible, reserve more than half of the television programme time remaining after deducting the time allocated for news, sports events, games and advertising programmes, teletext services and teleshopping for European works.
9. Broadcasters of television programmes must, where possible, reserve at least 10% of the television programme time remaining after deducting the time allocated for news, sports events, games, advertising programmes, teletext services and teleshopping for European works created by independent producers not earlier than within the last five years.
10. Other requirements for radio and/or television programmes shall be laid down in this Law, the Law on the Lithuanian National Radio and Television, other laws as well as licences issued to broadcasters of radio and/or television programmes.
11. Providers of audiovisual media services falling under the jurisdiction of the Republic of Lithuania must transmit cinematographic works within periods agreed upon with the right holders.
12. The name of a broadcast or re-broadcast radio and/or television programme must be announced during the radio and/or television programme at least once per clock hour. Where the duration of the radio and/or television programme is shorter than one hour, the name of such a radio and/or television programme must be announced at the end of it.
Article 39. Requirements Set for Advertising and Audiovisual Commercial Communications
1. Advertising and audiovisual commercial communications must be decent, correct and readily recognisable. It shall be prohibited to publish in advertising and audiovisual commercial communications information which degrades human dignity, promotes any discrimination based on race, sex or ethnic origin, nationality, citizenship, religion or belief, disability or age also contains manifestations or promotion of sexual orientation, is offensive to religious or political convictions or promotes behaviour prejudicial to health or safety or behaviour grossly prejudicial to the protection of the environment.
3. Advertising and audiovisual commercial communications may not have a detrimental effect on the mental health of minors, their physical, mental or moral development and must comply with the following requirements:
1) they may not directly exhort minors to buy or hire or select a product or service by exploiting their inexperience and credulity;
2) they may not directly encourage minors to persuade their parents or others to purchase the goods or services being advertised;
3) they may not form the opinion of minors that the use of certain services or goods will make them physically, psychologically or socially superior to their peers;
4. Advertisers and clients of audiovisual commercial communications shall not have the right to influence the content of public information, except for the content of advertising and audiovisual commercial communications ordered by them.
5. Surreptitious advertising and surreptitious audiovisual commercial communications shall be prohibited.
6. The use of subliminal techniques shall be prohibited in advertising and audiovisual commercial communications.
7. Advertising of tobacco products and audiovisual commercial communications intended for advertising of tobacco products shall be prohibited.
8. Restrictions on advertising of alcoholic beverages and audiovisual commercial communications intended for advertising of alcoholic beverages shall be established by the Law on Alcohol Control.
9. Advertising of medical treatment and medicinal products available only on prescription shall be prohibited in the media, except for special publications, in the information society media or programmes. Advertising of other medicinal products or treatment with medicinal products must be readily recognisable and must warn about the possible harmful effect if misused.
10. Persons regularly hosting news programmes may neither take part in advertising or audiovisual commercial communications nor voice them over.
11. The requirements for teleshopping and television advertising shall be as follows:
1) teleshopping and television advertising must be decent, non-misleading, readily recognisable and distinguishable from the content of the programme by acoustic and/or optical and/or spatial means. Television advertising and teleshopping may be inserted during programmes without prejudice to the integrity of the part of the programme, taking into account natural breaks in the programme, the duration and nature of the programme and without violating the rights of the holders of property rights;
2) television advertising, announcement or teleshopping may not be inserted during religious services and religious programmes;
3) the total time of television advertising spots and teleshopping spots within a given clock hour must not exceed 20%. This subparagraph shall not apply to the programmes broadcast by the broadcaster of television programmes itself and announcements of the ancillary products directly related to those programmes, sponsorship announcements and product placements;
4) teleshopping windows must be of a minimum uninterrupted duration of 15 minutes. The number of teleshopping windows broadcast per day may not exceed eight with their total duration not exceeding three hours per day. Teleshopping windows must be clearly distinguished from other programmes by optical and spatial means;
5) television advertising spots and/or teleshopping spots during sports or other events containing natural breaks must be inserted only during the natural breaks of such events;
6) the broadcasting of films made for television (excluding series, serials and documentaries), cinematographic works and news programmes may be interrupted by television advertising and/or teleshopping once for each scheduled period of at least 30 minutes;
7) the broadcasting of children’s programmes may be interrupted by television advertising and/or teleshopping once for each scheduled period of at least 30 minutes, provided that the scheduled duration of the programme is greater than 30 minutes;
12. Requirements for advertising and dissemination thereof established in other legal acts shall also apply.
13. Control over compliance with advertising requirements specified in this Law and other laws shall be exercised by the National Consumer Rights Protection Board under the Ministry of Justice, the Competition Council of the Republic of Lithuania and the Commission, in cooperation with other regulatory bodies regulating the activities of producers and/or disseminators of public information and advertising self-regulatory bodies.
14. The provisions of this Article, except for the cases referred to in paragraphs 8 and 9 of Article 38 and subparagraphs 1 and 3 of paragraph 11 of this Article, shall apply mutatis mutandis to television programmes exclusively devoted to television advertising and teleshopping as well as to television programmes exclusively devoted to self-promotion.
15. Audiovisual media service providers or associations thereof must develop codes of conduct regarding inappropriate audiovisual commercial communications, inserted or included in children’s programmes, of foods and beverages containing nutrients and substances with a nutritional or physiological effect, in particular those such as fat, trans-fatty acids, salt/sodium and sugars, which are recommended to be used in moderation.
16. Requirements for political advertising, the procedure for publishing and marking it in the media shall be laid down by the Law on Funding of Political Parties and Political Campaigns and Its Control as well as other legal acts.
Article 40. Sponsorship of Audiovisual Media Services, Radio Programmes and/or Parts of Programmes
1. Audiovisual media services radio programmes and/or parts of programmes that are sponsored must meet the following requirements:
1) their content and, in the case of broadcasting of television and/or radio programmes, their scheduling may in no circumstances be influenced in such a way as to affect the editorial responsibility and independence of the audiovisual media service provider and the broadcaster of radio programmes;
2) they may not directly encourage the purchase or rental of goods or services, in particular by making special promotional references to those goods or services;
3) viewers must be clearly informed of the existence of a sponsorship agreement. Sponsored programmes must be clearly identified as such by the surname (name), logo and/or any other symbol of the sponsor such as a reference to his product(s) or service(s) or a distinctive sign thereof in an appropriate way at the beginning, during and/or at the end of the programmes.
2. Audiovisual media services, radio programmes and/or parts thereof may not be sponsored by persons whose principal activity is the manufacture or sale of cigarettes and other tobacco products.
3. Where audiovisual media services and radio programmes or parts thereof are sponsored by persons whose activities include the manufacture or sale of medicinal products and medical treatment, they may promote the name (logo) or any other image of the sponsor but must not promote specific medicinal products or medical treatments available only on prescription.
*Article 401. Requirements for Product Placement in Programmes
1. Product placement shall be admissible in cinematographic works, films and series made for audiovisual media services, sports programmes and entertainment programmes. Product placement shall also be admissible where, without payment agreed upon between persons, certain goods or services, such as prizes or other goods or services necessary for the production of a programme, are included in the programme.
2. Programmes that include product placement must meet all of the following requirements:
1) the content and scheduling of programmes and the editorial responsibility and independence of the media service provider may in no circumstances be influenced;
2) they may not directly encourage the purchase or rental of goods or services, in particular by making special promotional references to those goods or services;
4) viewers must be clearly informed of the existence of product placement. Programmes containing product placement must be appropriately identified at the start and the end of the programme and when a programme resumes after an advertising break in order to avoid any confusion on the part of the viewer.
3. The following product placement shall be prohibited in programmes:
1) tobacco products or product placement from persons whose principal activity is the manufacture or sale of tobacco products;
*Note. Subparagraph 4 of paragraph 2 of Article 401 shall apply to programmes produced or commissioned by non-audiovisual media service providers or companies related thereto as of 31 December 2012.
Article 402. Registration of Providers of On-demand Audiovisual Media Services
Prior to commencing the provision of on-demand audiovisual media services, providers of on-demand audiovisual media services falling under the jurisdiction of the Republic of Lithuania must register with the Commission in accordance with the procedure established by it.
Article 403. Protection of Minors in the Course of Provision of On-demand Audiovisual Media Services
Providers of on-demand audiovisual media services must ensure in accordance with the procedure established by legal acts that on-demand audiovisual media services which might have a detrimental effect on the mental health of minors and their physical, mental or moral development are only made available in such a way that ensures that minors will not normally hear or see such on-demand audiovisual media services without control of persons responsible for the supervision or education of minors.
Article 404. Promotion of European Works in the Course of Provision of On-demand Audiovisual Media Services
1. Providers of on-demand audiovisual media services falling under the jurisdiction of the Republic of Lithuania shall promote, where practicable and by appropriate means, the production of and access to European works.
Article 41. Duties of Journalists
1. The duties of journalists shall be set out in this Law and other laws as well as treaties of the Republic of Lithuania.
2. Journalists must:
1) provide correct, accurate and impartial news, critically assess the sources of their information, check facts closely and attentively, refer to several sources. If it is impossible to verify the reliability of the source of information, this must be indicated in the published 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 such an assignment compels to violate the laws or the Code of Ethics of Lithuanian Journalists and Publishers;
4) adhere in their 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 their surname, indicate their workplace (type of the media and/or a programme for which a reportage is being produced) and their post; they must also warn the person that his words may be made public in the media;
8) prior to 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 the tapes of broadcast programmes) free of charge to the regulatory and self-regulatory bodies governing the activities of producers and disseminators of public information referred to in Chapter V of this Law which is necessary for the exercise of their functions.
2. Information relating to personal data processed by producers and disseminators of public information which is provided to the regulatory and self-regulatory bodies referred to in paragraph 1 of this Article must be used in compliance with the Law on Legal Protection of Personal Data.
3. Producers and disseminators of public information must provide persons with information (including the tapes of broadcast programmes) 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 for the provision of information shall be filed with the producers and/or disseminators of public information in writing. The producers and/or disseminators of public information may charge a fee for providing the requested information. The amount of such fees may not exceed the costs of making a copy of the requested information.
Article 43. Professional Ethics in Providing Information to the Public
1. The norms of professional ethics which have to be adhered to by producers and disseminators of public information and 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 the 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”). It 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 provide for the duty of the media to refute the 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 media (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 was 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 media which disseminated such information publish the refutation.
3. Upon receiving the refutation specified in paragraph 2 of this Article, it must be published free of charge of the same size and in the same form as the false information degrading the honour and dignity of the natural person or damaging the professional reputation of the legal person or published by any other adequate means within a period of two weeks, with the exception of the media the periodicity of which is less frequent. In that case, the aforementioned refutation shall be published in the first programme of the National Radio of Lithuania (within a period of two weeks) and in the first publication or programme of the media after the receipt of the refutation, without comments, in the same place, of the same size and in the same form (television and radio – on the same day of the week and at the same time) as the false information degrading the honour and dignity of the natural person or damaging the professional reputation of the legal person. The media must publish the response regardless of whether the information disseminated through them was disseminated on behalf of the media or any other person.
4. If upon receipt of the refutation referred to in paragraph 2 of this Article, the media decide not to publish such refutation, they must, within a period of two weeks of the receipt of the refutation, reply in writing to a person who has submitted the refutation indicating the reasons and motives for refusal to publish the refutation.
5. The requirements specified in paragraph 3 of this Article must also be adhered to in cases where the media, of their own free will, publish the refutation of false information degrading the honour and dignity of the natural person or damaging the professional reputation of the legal person.
6. Refusal to publish or otherwise announce 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 the person whose honour and dignity has been degraded by the false information, or according to the place of registration of the head office of the legal person whose professional reputation has been damaged by the false information. A complaint must be examined not later than within 30 days of its lodgement; non-working days shall also be included in this time limit.
CHAPTER V
REGULATORY and self-regulatory bodies GOVERNING THE ACTIVITIES OF PRODUCERS AND DISSEMINATORS OF PUBLIC
information
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 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 the effective legal acts;
2) in cooperation with organisations of producers and disseminators of public information, 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 treaties of the Republic of Lithuania related to the 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 obtain information necessary for the exercise of its functions from associations of producers and disseminators of public information, regulatory and self-regulatory bodies governing the activities of producers and disseminators of public information, 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 body of producers and disseminators of public information.
2. The Commission shall consist of 15 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, the 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 Creative Journalists, the National Association of Publishers of Regional and City Newspapers, the Association of Communication and Advertising Agencies and the Association of Internet Media. The 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 per 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 provision of information to the public by journalists, producers of public information or responsible persons appointed by their participants;
6. While pursuing its activities, the Commission shall act in accordance with the Constitution of the Republic of Lithuania, this Law and other laws, 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 wherein the Commission has established these violations and in the same manner as the publication of refutation laid down in Article 44 of this Law. If a producer and/or disseminator of public information within two weeks fail to publish the decision of the Commission pertaining to the violations of professional ethics or other violations in their media, the decision shall be published in the first programme of the National Radio of Lithuania. The decision shall also be published on the Commission’s website.
8. Producers or disseminators of public information who disagree with the decisions of the Commission may appeal against them to Vilnius Regional Administrative Court; however, they must publish them in the manner laid down in paragraph 7 of this Article.
Article 47. Radio and Television Commission of Lithuania
1. The Commission shall be an independent body accountable to the Seimas which regulates and controls the activities of broadcasters and re-broadcasters of radio and/or television programmes and providers of on-demand audiovisual media services falling under the jurisdiction of the Republic of Lithuania. The Commission shall participate in the formation of national audiovisual policy. It shall act as an expert body for the Seimas and the Government on the issues of broadcasting and re-broadcasting of radio and television programmes and on-demand audiovisual media services.
2. In its activities, the Commission shall adhere to the Constitution of the Republic of Lithuania, this Law and other laws and legal acts and the regulations approved by it.
3. The Commission shall be a public legal entity which has its own seal bearing the state coat of arms 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 the recommendation of 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 good repute may be appointed as member of the Commission. The members of the Commission shall serve for not more than two terms of office of the state institution which has appointed them or for not more than the duration of two uninterrupted terms of powers of the management bodies of the organisation which has appointed them. The legal basis for the member’s work in the Commission shall be a decision adopted by the institution or organisation which has appointed him.
5. A member of the Commission may not be recalled from office until the expiration of the term of his powers, except for the cases where:
2) the 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 media the manager whereof the Commission is.
7. The powers of a member of the Commission shall expire upon the entry into force of a decision by the management body of the institution or organisation which has appointed him on appointing a new member.
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 of radio and/or television programmes and providers of on-demand audiovisual media services by employment relations also participants of broadcasters and re-broadcasters of radio and/or television programmes and providers of on-demand audiovisual media services may not be appointed as members of the Commission. Family members of members of the Commission may not be participants of broadcasters and re-broadcasters of radio and/or television programmes or providers of on-demand audiovisual media services. Members of political parties, when appointed to the Commission, shall suspend their membership in the political party and participation in the activities thereof until the end of their term of office in the Commission.
9. Members of the Commission shall elect the chairman of the Commission by majority vote of all 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 members of the Commission. Information about the 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 attended by at least two-thirds of its members. The Commission shall take decisions. The decisions shall be taken by a simple majority vote of all the members of the Commission, except for the cases specified in this Law. The decisions on issuing or refusal to issue a licence, also on imposing penalties, changing the terms and conditions of the licence, tender conditions and results, suspension or revocation of 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 changing the terms and conditions of the licence 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 authorised by the Commission. The decisions of the Commission which are regulations shall be published in the official gazette Valstybės žinios, except for decisions on the calls for tenders, issuance of licences, temporary suspension of licences and revocation of licences which shall be published in the supplement Informaciniai pranešimai to the official gazette Valstybės žinios. The decisions of the Commission shall enter into force on the following day after their publication, unless a later date of their entry into force is set in the said decisions. Other individual legal acts adopted by the Commission shall be published on the Commission’s website – in the information society media the manager whereof the Commission is, and shall enter into force on the day of their publication, unless a later date of their entry into force is set in the said legal acts. The decisions of the Commission shall be binding on broadcasters and re-broadcasters of radio and/or television programmes and providers of on-demand audiovisual media services; persons may appeal against the aforementioned decisions in court within 30 days of the date of their entry into force.
14. The Administration of the Commission shall be formed for the purpose of exercising its functions. 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 through competition. 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 of the activities of the Commission, broadcasters and re-broadcasters of radio and/or television programmes and providers of on-demand audiovisual media services, except for the LRT, which receive income from the activities of broadcasting and re-broadcasting of radio and/or television programmes and provision of on-demand audiovisual media services must make monthly transfers to the Commission’s account in the amount of 0.8% of their income from audiovisual commercial communications, advertising, subscription fees and other activities related to the broadcasting and/or re-broadcasting of radio and/or television programmes and provision of on-demand audiovisual media services. Payments from broadcasters or re-broadcasters of radio and/or television programmes shall be recovered in court if they fail to transfer the funds to the Commission’s account within a period of three months of the fixed time limit. The Commission may also be financed from other sources: funds received for examining licence applications and changing of the terms and conditions of the licence, other fees for services rendered, 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.
18. Members of the Commission and staff of the Administration shall be prohibited from distributing information which is a commercial secret of broadcasters and re-broadcasters of radio and/or television programmes, providers of on-demand audiovisual media services and managers of the information society media.
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 the assignment of radio frequencies for broadcasting and transmission of radio and television programmes; together with the Communications Regulatory Authority and in accordance with the strategy for the assignment of radio frequencies for broadcasting and transmission of radio and television programmes, draw up and approve the plan for the assignment of radio frequencies for broadcasting and transmission of radio and television programmes;
2) in accordance with the procedure established by this Law and the Rules for Licensing of Broadcasting and Re-broadcasting Activities, publish calls for tenders and organise tenders for obtaining broadcasting and re-broadcasting licences, determine the terms and conditions of these tenders and licences, issue licences, and change the terms and conditions of licences;
3) submit to the institution authorised by the Government in the field of provision of information to the public for approval a description of the procedure for fixing the amount of the annual licence fee;
4) in the cases specified in the description of the procedure for fixing the amount of the licence fee, apply to the institution authorised by the Government in the field of provision of information to the public for setting and/or changing the amount of the annual licence fee for a specific person;
5) establish the procedure for registration of providers of on-demand audiovisual services and, in compliance with this procedure, register providers of on-demand audiovisual services falling under the jurisdiction of the Republic of Lithuania;
6) exercise control over compliance by broadcasters and re-broadcasters of radio and/or television programmes, providers of on-demand audiovisual media services and other persons broadcasting or re-broadcasting audiovisual and/or audio works by electronic communications networks with this Law and the Law on the Protection of Minors against the Detrimental Effect of Public Information, the assumed obligations, the terms and conditions of licences and decisions adopted by the Commission;
7) investigate viewer complaints concerning broadcasters and re-broadcasters of radio and/or television programmes, providers of on-demand audiovisual media services and persons providing viewers access to on-demand audiovisual media services protected by restricted access systems;
8) within the scope of its competence, supervise the implementation of the provisions of the Law on the Protection of Minors against the Detrimental Effect of Public Information;
9) establish the procedure for implementation of the requirements laid down by laws and EU legal acts concerning the structure and content of radio and/or television programmes, audiovisual commercial communications and the broadcasting of advertising as well as sponsorship of audiovisual media services, radio programmes and parts of programmes in radio and/or television programmes, and, within the scope of its competence, adopt other legal acts implementing the provisions of this Law and other laws;
10) exercise control over compliance by broadcasters of television programmes and providers of on-demand audiovisual media services with the provisions of this Law concerning the proportion of European works and works by independent producers in broadcast television programmes and catalogues, the right to broadcast events of major importance for society as well as the requirements laid down in paragraphs 1, 3, 5, 6, 10 and 11 of Article 39 of this Law concerning television advertising and audiovisual commercial communications, the requirements laid down in Article 40 concerning sponsorship of audiovisual media services, radio programmes and parts of programmes and the requirements laid down in Article 401 concerning the product placement in programmes;
11) exercise control over compliance by broadcasters and re-broadcasters of radio and/or television programmes, providers of on-demand audiovisual media services and other persons broadcasting or re-broadcasting audiovisual and/or audio works by electronic communications networks with the provisions of this Law and other laws concerning the broadcasting and re-broadcasting of radio and/or television programmes and the requirements for public information and dissemination thereof laid down by other laws;
12) in exercising control over compliance with laws, decisions of the Commission regulating the activities of broadcasters and re-broadcasters of radio and/or television programmes and providers of on-demand audiovisual media services as well as terms and conditions of licences, carry out monitoring of audiovisual works, radio and/or television programmes broadcast or re-broadcast by electronic communications networks;
13) in accordance with the procedure established by laws, impose the following sanctions on broadcasters and re-broadcasters of radio and/or television programmes, providers of on-demand audiovisual media services and other persons broadcasting or re-broadcasting audiovisual and/or audio works by electronic communications networks who have violated the requirements of the Law on the Protection of Minors against the Detrimental Effect of Public Information, this Law or the terms and conditions of licences, or who fail to observe the decisions adopted or obligations issued by the Commission: issue a warning, suspend the licence for a period not exceeding three months, revoke the licence, impose penalties prescribed by the Code of Administrative Offences, refer to court regarding the suspension or termination of activities of the information society media in accordance with the procedure laid down by this Law;
14) submit proposals on the drafting of laws regulating the activities of broadcasters and re-broadcasters of radio and/or television programmes and providers of on-demand audiovisual media services and other legal acts related thereto;
15) refer to the competent institution regarding the termination of unlawful activities of broadcasting and/or re-broadcasting and on-demand audiovisual media services;
16) in accordance with the procedure established by this Law, suspend the provision of services produced by foreign providers of audiovisual media services within the territory of the Republic of Lithuania;
17) accumulate relevant information on broadcasters and re-broadcasters of radio and/or television programmes and providers of on-demand audiovisual media services, analyse their activities and publish information on participants thereof, prepare information and methodological material on these issues;
18) consult and exchange information with foreign and international institutions in relation to broadcasters and re-broadcasters of radio and/or television programmes and providers of on-demand audiovisual media services and services provided by them and regulation and control of activities thereof;
19) every two years prepare and submit to the Seimas an analytical survey on the implementation of Lithuania’s audiovisual policy, the development of audiovisual media services, provide statistical data on the activities of all providers of audiovisual media services falling under the jurisdiction of the Republic of Lithuania in the course of implementation of the provisions of paragraphs 3 and 4 of Article 38 of this Law, also specify the reasons impeding the implementation of the said provisions and the remedial measures taken or to be taken;
20) cooperate with the institutions of the EU Member States and other foreign countries performing equivalent functions, also, within the scope of its competence, represent the Republic of Lithuania at international organisations;
21) establish the procedure for encoding broadcast and/or re-broadcast radio and/or television programmes;
2. While performing 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 assignment 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 by public information to the physical, mental or moral development of minors or the assessment of such public information requires special knowledge. Upon receipt of such an 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 conclusions of experts of the Office of Inspector of Journalist Ethics with respect to that issue.
3. In performing the functions prescribed by legal acts, the Commission shall have the right:
1) to obtain free of charge from broadcasters and re-broadcasters of radio and/or television programmes, providers of on-demand audiovisual media services, managers of the information society media, state and municipal institutions and agencies as well as other legal persons information, including information constituting a commercial secret, necessary for the exercise of the functions of the Commission;
2) to obtain from broadcasters and re-broadcasters of radio and/or television programmes, providers of on-demand audiovisual media services, managers of the information society media, state and municipal institutions and agencies as well as other persons documents and other information necessary for investigation of violations of the relevant laws which are assigned to the competence of the Commission;
4) to set up commissions and 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 and groups;
5) within the scope 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 not in contradiction with the 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 as Inspector shall hold office until the appointment of a new Inspector.
3. A citizen of the Republic of Lithuania of good repute with a university degree in law and the competence necessary to perform his duties shall be appointed Inspector.
4. Members of the Seimas, the Government as well as civil servants of political (personal) confidence may not be appointed as 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 shares of 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 Law and other laws, 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 legitimacy, impartiality, justice and publicity.
7. The Inspector may not hold any other elective or appointed posts and receive any other remuneration, except for remuneration set in accordance with the Law on the Remuneration of State Politicians, Judges and State Officials and for teaching or creative activities.
8. The Inspector shall be dismissed from office when:
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 post 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 assignment of press publications, audiovisual works, radio and television programmes or parts of programmes, 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 the public information incites discord on grounds of sex, sexual orientation, race, nationality, language, origin, social status, belief, convictions or views. The composition and number of experts (groups of experts) shall be approved by the Inspector. The experts (groups of experts) shall be liable under the law for the correctness of their conclusion (conclusions). Experts (groups of experts) shall operate in accordance with the rules of procedure approved by the Inspector. The description of assignment of the media to the categories of information of erotic and/or violent nature and the procedure for fixing the amounts of fees for assigning 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. The 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 body headed by the Inspector.
11. The Office of the Inspector of Journalist Ethics shall be a public legal entity and have a seal bearing the coat of arms of the State of Lithuania 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, the Office of the Inspector of Journalist Ethics and experts (expert groups) operating under it shall be financed from the state budget. The funds for these activities shall be allocated 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 the activities of the Office of the Inspector of Journalist Ethics and, by 1 April each year, present an annual activity report. The report shall be published on the website of the Office of the Inspector of Journalist Ethics.
Article 50. Competence of the Inspector
1. The Inspector shall perform the following functions:
1) investigate the complaints (applications) of the persons concerned whose honour and dignity have been degraded in the media;
2) examine the complaints (applications) of the persons concerned in relation to violation of their right to protection of privacy in the media;
3) examine the complaints (applications) of the persons concerned in relation to violation of processing of their personal data in the media;
4) exercise, within the scope of his competence, supervision over 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 Law and other laws and legal acts regulating the provision of information to the public in providing information to the public;
6) submit proposals to the Seimas and other state institutions for improving this Law 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), assign press publications, audiovisual works, radio and television programmes or parts of programmes, 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;
8) on the basis of the conclusions of experts (groups of experts), establish whether public information published in the media incites discord on grounds of sex, sexual orientation, race, nationality, language, origin, social status, belief, convictions or views;
9) cooperate with counterpart institutions of the European Union and other countries and, within the scope of his competence, represent 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;
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 have not been specified in the complaints (applications), on his own initiative commence an investigation in accordance with the procedure set forth by this Law or refer the collected material to other competent state institutions for investigation;
2) in accordance with the procedure established by this Law, obtain free of charge information from producers and disseminators of public information, including information published in the media managed by them (video and audio recordings of broadcast programmes, specimen of publications and copies thereof) necessary for the exercise of his functions;
3) obtain information, documents and other material necessary for the exercise of his functions from state and municipal institutions and agencies free of charge;
4) in accordance with the procedure set forth by laws, however only to the extend it is necessary to perform his functions, get access to documents constituting a state, official, commercial or bank secret, also 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 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 and self-regulatory bodies governing the activities of producers and disseminators of public information 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, the 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 refute such information himself;
3) apply to the 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) consider cases of administrative offences and impose administrative penalties in the cases set out in the Code of Administrative Offences;
7) terminate the investigation commenced on own initiative if the 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 media and publication or a part of programme which contained the information degrading the honour and dignity of the person (applicant) who has lodged the complaint (application), violating the person’s right to protection of privacy or the interests of minors;
3) what 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 of 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 examination with the date of lodgement thereof considered to be the date of receipt of the complaint (application) meeting all the requirements.
6. In the cases referred to in subparagraphs 1-3 of paragraph 1 of this Article, the Inspector shall only examine complaints (applications) lodged by persons whose rights have been violated in the media or the 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 the complaints (applications) lodged not only by 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 that case, the Inspector may start an investigation on his own initiative.
8. Written or oral appeals, applications and notifications by the persons (applicants) concerned which do not contain complaints against the actions of producers and/or disseminators of public information, but only request to provide explanations, information or required documents, to express an opinion or submit a conclusion regarding the implementation of the provisions of this Law shall not be considered as 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) of a person 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 the examination of the complaint (application), it transpires that the complaint (application) in relation to the same issue is pending in court; In that case, the examination of the complaint (application) shall be suspended until the complaint (application) has been investigated by the court. The person who has lodged the complaint (application) shall be informed of the suspension of examination of the complaint (application). In that case, the investigation of the complaint (application) shall be renewed only upon request of the person (applicant) 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 (applicant) shall be informed of the decision not to examine the complaint (application) within five 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 (applicant) who has lodged the complaint (application) does not provide the data necessary for the investigation of the complaint (application) or is unable to provide them for objective reasons;
5) a procedural decision has been adopted to institute criminal proceedings in relation 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 a part of the claims from his complaint (application), only that part of the complaint (application) from which 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 investigation.
13. The Inspector shall examine the complaint (application) received within three months 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 communicate 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 provide a reasoned reply 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 published in the same media wherein the Inspector established the violation.
17. In cases where the publication of the Inspector’s decision may violate the rights and/or legitimate interests of the person or where the person (applicant) who has lodged the complaint (application) does not request to publish the decision, the Inspector’s decision shall not be made public. In such cases, the Inspector’s decision shall only be communicated to the person (applicant) who has lodged the complaint (application) and the producer and/or disseminator of public information who manages the media wherein the violation was established.
18. The decisions of the Inspector may be appealed against in court within 30 days of their publication or, where the decision is not made public, of receipt of the notification of adoption thereof.
CHAPTER VI
LIABILITY FOR VIOLATIONS OF LEGAL ACTS REGULATING
THE PROVISION OF INFORMATION TO THE PUBLIC AND THE PROCEDURE FOR IMPLEMENTATION THEREOF
Article 51. Liability of Producers and Disseminators of Public Information and Officials
1. A producer or disseminator of public information shall, in accordance with the procedure established by this Law and other laws, be liable for violating this Law and other laws and treaties of the Republic of Lithuania regulating the production of public information, also for violating the procedure for dissemination of public information established by laws.
2. The manager of the information society media shall be liable for the content thereof in the manner prescribed by this Law 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 of radio and/or television programmes, 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 taking a decision on the temporary suspension of 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. Exemption from Editorial Responsibility and Compensation for Damage
1. Editorial responsibility shall not apply to a producer and/or disseminator of public information and they shall not be held liable for publication of false information where they have indicated the source of information and it has been:
1) provided in official or publicly available 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 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 persons who have made the information public;
3) published earlier in other media if the information has not been refuted in the media wherein it has been published;
4) published by participants of live programmes and internet conferences, viewers of interactive television or users of information society media who are not related to the producer of public information;
5) published in a special election campaign programme which has not been 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 those who were the first to publish such information.
I promulgate this Law passed by the Seimas of the Republic of Lithuania.
PRESIDENT OF THE REPUBLIC ALGIRDAS BRAZAUSKAS
Annex to
Republic of Lithuania
Law on the Provision of Information to the Public
LEGAL ACTS OF THE EUROPEAN UNION 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) with the latest amendments done by Directive 2007/65/EC of the European Parliament and of the Council of 11 December 2007 (OJ 2007, L 332, p.27).
2. 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).