Official Translation Official Translation REPUBLIC OF LITHUANIA LAW ON THE PROVISION OF INFORMATION TO THE PUBLIC 2 July 1996 No.I-1418 (As amended by July 7,
- No. VIII - 1308) Vilnius CHAPTER I GENERAL PROVISIONS ARTICLE
- Objective of the Law This Law shall establish the procedure of obtaining, processing, and disseminating of public information and the rights and responsibility of public information producers, disseminators, the owners thereof and journalists. ARTICLE
- Concepts and Definitions
- Provision of Information to the Public means an activity involving furnishing the public with information held by any member of society, concerning himself, his surroundings and his life, and national or world news concerning the past, present and future.
- Mass Media means a book, newspaper, journal, bulletin or any other publication, television and radio programme, film or other audio and video studio production, information agency report, and electronically disseminated report. Requirements applied with respect to legal acts issued by state institutions as well as to publications, the circulation whereof is less than 100 copies, technical and official documents, securities and non-periodical advertisement publications that do not exceed one half of a printer’s sheet shall not apply to mass media.
- Public Information means information intended for public dissemination.
- Producer of Public Information means a publishing house, radio and television station, film, sound and video studio, agency, editorial office or other economic entity, collecting and producing information for mass dissemination.
- Disseminator of Public Information means an economic entity that sells, transmits or in any other way disseminates information to the public .
- Owner of the Producer (Disseminator) of Public Information means a legal or natural person, who by the right of ownership individually or with other legal or natural persons manages the producer (disseminator) of public information.
- Radio, Television Station means a producer or producer and disseminator of public information, who produces and transmits or relays, radio and television programmes by means of equipment belonging to him by the right of ownership, or those rented by him.
- Cable Television and Radio means television and radio stations transmitting or relaying radio, television programmes through cable devices.
- Journalist means a person who collects, writes, edits or otherwise prepares the material for the producer of public information on his own initiative or according to contract or by his authorisation, or is a member of a professional association of journalists.
- Programme means the total entity of broadcasts transmitted by a radio or television station.
- Broadcast means a part of the programme of a radio or television station, most frequently having its own name, transmission time, authors and managers.
- Advertisement means a public announcement, urging to buy, sell and rent, or is offering a service.
- Sponsorship means participation of a natural or legal person in financing the producers of public information and seeking to advertise one’s name, trademark or image.
- News means an announcement of facts and data, based upon the truth, which can be verified by means of investigation and proof.
- Opinion means thoughts, assessments and remarks of the mass media, publishers and journalists concerning the news linked with real events. Truth criteria may not be applied to opinion, however it must be based upon real facts.
- State Secret means the news regulated by the Law on State Secrets and their Protection.
- Official Secret means the information of the operational activities of investigation bodies, national security services, Ministry of Internal Affairs and national defence bodies, regulated by laws.
- Commercial Secret means secret classification of economic entity activity, regulated by laws.
- Personal Health (Medical) Secret information regarding the health condition of a person, regulated by the Law on the Health Care. CHAPTER II FUNDAMENTALS OF THE PROVISION OF INFORMATION TO THE PUBLIC ARTICLE
- Freedom to Provide Information to the Public
- An individual shall have the right to seek, obtain and disseminate information and ideas without any interference, however this right may not restrict the rights and freedoms of other individuals.
- The right to express one’s convictions and to obtain and disseminate information may not be restricted by any other means except by laws, should that become necessary to protect the human rights, health, honour and dignity, private life and morals or to defend the constitutional order.
- State officers shall be held liable for interference in the dissemination of information to mass media and the unlawful refusal to provide information to public information producers and journalists in accordance with the laws of the Republic of Lithuania.
- Monopolisation of the mass media shall be prohibited.
- Censorship of the mass media shall be prohibited. ARTICLE
- Basic Principles of the Provision of Information to the Public
- The producers, disseminators and journalists of public information shall be governed in the course of their activities by the Constitution and laws of the Republic of Lithuania, shall adhere to the principles of humanity, equality, tolerance respect for an individual, shall respect the freedoms of speech, creativity and conscience and diversity of opinions, observe the professional ethics norms of journalists, help to develop democracy, openness of society , encourage public civic consciousness and state progress, strengthen independence and nurture national culture and morality.
- Public information must be presented correctly, accurately and in an unbiased manner.
- Persecution of a producer, disseminator, the owner thereof, or journalist for announced information shall be prohibited, however for the violations of this law they shall be liable in accordance with the laws. It shall be prohibited to exert influence on the public information producer , disseminator, owner thereof or journalist, forcing them to reflect events and facts incorrectly. Support of public information producer, disseminator, their owner and journalist may be provided pursuant to the Law on Charity and Sponsorship and other laws.
- Relations between public information producer, disseminator and their owner shall be regulated by this and other laws, normative acts and agreements between the parties.
- Producers, disseminators and journalists shall use journalistic, scientific, literary and other works of art pursuant to the laws of the Republic of Lithuania. ARTICLE
- Legal Restriction on the Freedom of the Provision of Information to the Public
- The freedom of the provision of information to the public may not be restricted by any other means except by laws that establish: 1) a state secret and protection thereof; 2) an official secret and protection thereof; 3) a commercial secret and protection thereof; 4) an individual’s health (medical) secret and protection thereof; 5) the rights of an individual and protection of his private life.
- The Government, ministries and other state institutions and municipalities shall have no right to abridge the freedom of the provision of information to the public by their legal acts. The provisions of legal acts of the Government, ministries, other state institutions and municipalities, which abridge the freedom of the provision of information to the public, regulated by this Law or other laws, shall be null and void.
- In the event of war or emergency situation, the Seimas may establish restrictions on the activities of public information producers, necessary for the protection of citizens and the public interests.
- In the event of calamities and natural disasters, major accidents or epidemics, war or an emergency situation, the producers of public information must publish official state announcements free of charge and without delay. ARTICLE
- The Right to Obtain Information
- Every individual in the Republic of Lithuania shall have the right to acquaint himself with all of the official documents of the state, municipal governments and government institutions and other budgetary organisations, with the exception of those which shall be classified according to laws.
- In refusing to provide information to a public information producer (his representative), state officers must not later than on the next working day, inform him of this in writing, indicating the reason for the refusal.
- The laws shall establish the liability of state officers for unjustified refusal to provide information or for giving false information.
- Political parties, political and public organisations, trade union and other organisations shall provide people and public information producers with official information concerning the activity of organisations represented by them, according to the procedure established in their bylaws, with the exception of information which according to Republic of Lithuania laws shall be confidential. ARTICLE
- Confidentiality of the Source of Information The producer of public information and its owner or journalist shall not have to reveal the source of information and shall have no right without the consent of the individual who submitted this information to reveal his surname, name and other data. Having violated this provision, the public information producer, its owner or journalist shall be liable according to laws, with the exception of cases when the submitted information was incorrect. ARTICLE
- Information not to be Divulged to the Public
- It shall be prohibited in the mass media to: 1) urge to change the constitutional order of the Republic of Lithuania by force; 2) threaten the territorial integrity of the Republic of Lithuania; 3) incite war, national, racial and religious enmity.
- Dissemination of information which is knowingly not in keeping with the truth, is slanderous, insulting and humiliating to individual honour and dignity, shall be prohibited. Information concerning the private life of an individual may be announced only with the consent of that person or in cases where making public of the information shall not cause harm to the individual, or when the information helps to establish violations of laws, or crimes and also, when the information is presented during the proceedings in open court. 3.Officers of state institutions, officials or other individuals participating in public and political activities shall also have the right to the protection of private life, with the exception of cases where their private life may affect the society.
- Dissemination of pornographic materials shall be prohibited.
- In the event the requirements of this Article are not complied with, each citizen of the Republic of Lithuania, state power or government institutions and other organisations shall have the right to address the court. ARTICLE
- The Right to Defend the Freedom of Information Every citizen of the Republic of Lithuania shall have the right to appeal against the decisions of state power and government institutions and other organisations or legal acts in court, if they violate or abridge freedom of information. ARTICLE
- Liability of Public Information Producers for the Information being Disseminated The owner of every public information producer shall be obliged to authorise an individual (chief editor, editor, broadcast director), who shall be responsible for the contents of the mass media. The public information producer must prepare and confirm the internal regulations, announce them publicly and observe them. These internal regulations must regulate public information producers' and persons' engaged in public information business official duties and subordination, mutual relations and protection of information disseminator from possible restriction of freedom. ARTICLE
- Language in which Public Information Shall Be Presented
- Public information shall be presented and disseminated in the state language or some other language pursuant to the provisions of the Law on State Language.
- Public information producers must show concern for the culture of the language. CHAPTER III STATE RESPONSIBILITY FOR THE PROVISION OF INFORMATION TO THE PUBLIC ARTICLE
- The Duties of the State and Municipalities, State Power and Government Institutions While Protecting the Freedom of Information
- State and municipal, state power and government institutions must ensure the public nature of their activity for every permanent resident of the Republic of Lithuania.
- All of the official information created from taxpayer funds shall be provided free of charge. State and municipal, state power and government institutions may impose an additional tax only for services related with the copying of information for an individual or public information producer, or some other service required by an individual or public information producer.
- The Government shall establish a uniform procedure throughout the entire territory of the Republic of Lithuania for registering and supply of official information of the state and municipal, power and government institutions and other budgetary organisations, to the people or public information producers. If the officers of state and municipal, power and government institutions and budgetary organisations refuse to furnish official information or furnish false information, their activities of this type shall incur liability in accordance with the laws of the Republic of Lithuania and may be appealed against in court.
- No one may be compelled to disseminate the information of state and municipal, power and government institutions and other information, except in cases established by laws. ARTICLE
- The Right of Citizens of the Republic of Lithuania to Obtain Information about Themselves State power and government institutions must, in accordance with the procedure established by law, to provide information to the citizens of the Republic of Lithuania about themselves, held by these institutions. For the non-fulfilment of these duties, the officers shall incur liability provided by laws. ARTICLE
- State Responsibility in Protecting the Right of Citizens to Assess the Work of State Institutions or Officers The permanent residents of the Republic of Lithuania shall have the right to publicly criticise the work of state institutions or officers. Persecution for criticism shall be prohibited in the Republic of Lithuania. Violations of this Article shall be punishable according to the procedure established by laws. ARTICLE
- Prohibition of Mass Media Censorship Censorship of mass media shall be prohibited. Censorship shall incur liability in accordance with the procedure established by law. ARTICLE
- Anti- Trust Principles 1.The State, its institutions, state and non state enterprises, organisations or persons may not have a monopoly on public information either in the sphere of producing or dissemination thereof. 2.. The State shall provide equal economic and technical conditions for equal competition of information producers and disseminators (except for those engaged in the production of material of a violent and erotic nature). The State shall supervise and regulate, in order that not a single legal or natural person of the Republic of Lithuania might occupy a monopolistic position among public information producers or disseminators or of any other market of a separate type thereof.
- The Law on Competition shall define the monopolistic situation in the public information market.
- The State shall look after investments in the public information production and dissemination areas. The Republic of Lithuania Law on Investments shall establish the conditions of investment in the public information market. ARTICLE
- State Support of Producers and Disseminators of Public Information
- The State shall support the cultural and educational activity of public information producers,in accordance with the submitted programmes. (amended 23 January 1997). State financial support shall be provided for public information producers with the exception of the funds for books published by them, production of films or other audio and visual production (amended January 23, 1997), through the Fund for the Support of the Press, Radio and Television. The Seimas shall appropriate funds from the State Budget for the Fund annually. State subsidies and tax reliefs shall be provided without preconditions. The Fund for the Support of the Press, Radio and Television shall be established by a meeting of creative unions, public information producers and representatives of lawyer and scientist unions, which shall be called by the Lithuanian Periodical Press Publishers' Association, the Radio and Television Association, Cable Television Association, Lithuanian Journalists’ Union and Lithuanian Journalists’ Society. Each of these organisations shall delegate two representatives to the meeting. The meeting shall be considered as having taken place if no less than two-thirds of its delegates shall have participated in it. Decisions shall be adopted by a simple majority vote. The board of the Fund for the Support of the Press, Radio and Television shall establish the public information producers to be subsidised. The board shall submit to the Seimas an account of the distribution of funds received from the budget.
- State financial support from the Budget for book publication, film or other audio and visual production, shall be provided through the Ministry of Culture and the Ministry of Education and Science, in accordance with the draft projects confirmed by the expert commissions working at these ministries. (amended 23 January 1997). CHAPTER IV THE RIGHTS, OBLIGATIONS AND SELF-GOVERNANCE OF PUBLIC INFORMATION PRODUCERS ARTICLE
- The Right to Collect and Publish Information and its Restrictions
- Every individual shall have the right: 1) to collect information and announce it through the mass media; 2) not to sign the work produced by him, if its contents have been distorted in the course of editing; 3) to take notes, photograph, film, use audio and video equipment as well as record information by other means; 4) to announce publications or broadcasts in one’s own name, pseudonym or anonymously.
- The following shall be prohibited: 1) to film, photograph or make sound and video recordings without the consent of the individual in the place belonging to him; 2) to film, photograph or make sound or video recordings during closed events without the consent of the organisers of the event, who have the right to organise such events; 3) to film and photograph persons for advertisements in mass media without their consent; 4) to film and photograph individuals with obvious physical deficiencies without the consent of these persons.
- The prohibitions shall not apply when criminal actions are being recorded. ARTICLE
- Obligations of the Journalist A journalist must: 1) furnish correct, accurate and unbiased news; 2) indicate the author of information that is being announced for the first time, if the person who submitted the information so desires; 3) refuse to carry out the assignment of public information producer, if the assignment would entail violation of law or the code of ethics of journalists and publishers of Lithuania; 4) observe the ethics of journalists and respect the rights of natural and legal persons. ARTICLE
- Denial of the Announced News
- Natural persons shall have the right to demand a denial of announced news which does not correspond to fact and belittles their honour and dignity. Legal persons shall have the right to demand the producer of public information to deny the news concerning them, which that does not correspond to fact.
- The request for denial must clearly indicate which of the announced news does not correspond to fact where and when it was announcedand which of the assertions in the announced news belittle the honour and dignity of the individual. Denials that do not meet the requirements of this provision and also those in the cases where a demand is made to deny the announced news only because of its form and not its essence, shall be announced in the discretion of the producer.
- Having received a justified request for denial of some news that does not correspond to fact or belittles honour and dignity, a producer of public information must announce the denial without comment, in an adequate place of his nearest publication, television or radio broadcast. A later denial does not relieve the public information producer from liability and is not a premise to soften the penalty. ARTICLE
- Compensation for Damage
- The public information producer, having announced without the consent of the individual, news concerning his private life, that belittle his honour and dignity (except cases specified in Article 8 of this Law) and having announced the information which knowingly does not correspond to fact, that belittles a person's honour and dignity and not having denied this, shall compensate according to the procedure established by laws, for the moral damage inflicted upon this person, the amount of compensation for moral damage may not be in excess of 10,000 litas.
- A denial and an apology having been published by the producer of public information, according to the procedure established by this Law, shall provide the grounds for the court to reduce the compensation for moral damage or to totally relieve him of it.
- A public information producer, who had announced without the consent of the individual, news which belittle his honour and dignity (except cases specified in Article 8 if his Law), concerning his private life and also who has announced knowingly false news that belittle a persons honour and dignity and having issued a denial and apology according to the procedure established by this Law, the court may rule for him to compensate for moral damage, however in this case the sum of moral compensation may not exceed 1,000 litas.
- The court shall establish the amount of compensation for material damage incurred by legal or natural persons due to announcement of news which does not correspond to the truth. ARTICLE
- Exemption from Compensation of Damage
- A public information producer shall not be liable for the announcement of news which does not correspond to fact, if he indicated the source of news and it was: 1) furnished by state power institutions, political parties, political and public and trade union organisations and in official or publicly announced documents of natural or legal persons; 2) publicly voiced at open meetings, conferences, press conferences, rallies and other events and the public information producer has not distorted the essence of the words and specific facts. In this event all responsibility shall fall to organisers of the events and individuals who announced the news; 3) earlier announced by other public media, if these news was not denied in the mass media which had announced them; 4) announced by participants in direct radio or television broadcasts, not subordinate to the public information producer; 5) announced in a special election broadcast, which has not been made by the public information producer himself; 6) announced in non-anonymous advertisements, non-anonymous commissioned articles and broadcasts; 7) having expressed an opinion, commentary, and remarks associated with the news, provided in the mass media.
- In the above cases the liability shall rest with the one who was the first to disseminate the incorrect news. The public information producer, having disseminated the incorrect news and having received the text of denial, shall be obliged to announce it without delay, through his own mass media. ARTICLE
- Code of Ethics of Journalists and Publishers
- Professional ethics in the sphere of the provision of information to the public shall be regulated by the Code of Ethics of Journalists and Publishers.
- The Code of Ethics of Journalists and Publishers shall be approved by the meeting of the representatives of journalist organisations, which shall be convened by the Lithuanian Periodical Press Publishers’ Association, the Lithuanian Radio and Television Association, the Lithuanian Journalists' Union, the Lithuanian Journalists’ Society, the Lithuanian Journalism Centre, and the Lithuanian Radio and Television. ARTICLE
- The Ethics Commission of Journalists and Publishers
- The Ethics Commission of Journalists and Publishers shall examine the violations of regulations, committed in the course of providing information to the public. 2.The Ethics Commission of Journalists and Publishers shall be formed by and its operation shall be established by a meeting of the representatives of journalist organisations. Members of the Ethics Commission shall be appointed for a term of two years.
- The commission’s work shall be organised by the Chairperson of the Commission, who shall be elected from its membership for a term of one year.
- Natural and legal persons may appeal to the Commission of Journalists and Publishers concerning violations of the rules of ethics.
- In examining the violations of the Code of Ethics of Journalists and Publishers, the Commission shall be governed by the Code of Ethics of Journalists and Publishers of Lithuania and the Resolution of the Parliamentary Assembly of the Council of Europe “On Journalistic Ethics.” 6.The decisions of the Ethics Commission of Journalists and Publishers, concerning violations in professional ethics regulations, must be presented in publications and radio and television broadcasts in accordance with the procedure established by the Commission.
- Public information producers, being in disagreement with the conclusions of the Commission, may appeal against them in court, however they have to announce the conclusions of the Commission in their publication or broadcasts. Natural or legal persons, disagreeing with the decision of the Ethics Commission of Journalists and Publishers, may appeal against them in court within 30 days of the receipt thereof.
- The Ethics Commission of Journalists and Publishers shall work in accordance with the regulations adopted by it, and its activity shall be financed out of the Fund for the Support of the Press, Radio and Television. ARTICLE
- The Inspector of Journalist Ethics
- The inspector of journalist ethics shall be a state officer, appointed by the Seimas (amended 15 January 1998) on the proposal of the Ethics Commission of Journalists and Publishers. The inspector of journalist ethics shall examine the complaints lodged by natural persons concerning violations of their honour and dignity in the mass media, and the professional claims of the subjects of mass media.
- The inspector of journalist ethics shall act in accordance with the regulations approved by the Seimas, and his activity shall be funded from the budget. The Government shall establish the work compensation of the inspector of journalist ethics (amended 3 July 1997)
- The inspector of journalist ethics must examine the complaint within 30 days and must acquaint the applicants and public information producers with his conclusion.
- Having acknowledged that the complaint of the applicant is justified, the inspector of journalist ethics shall contact the public information producer who had disseminated false news that belittle the person's honour and dignity, and shall recommend to announce their denial. Should this be refused, the inspector of journalist ethics shall refer the complaint to the Ethics Commission of Journalists and Publishers and shall take part in its sitting.
- The inspector of journalist ethics shall report to the Seimas (amended January 15 1998) no less frequently than once a year. ARTICLE
- Licensing of Radio and Television The activity of the radio and television stations, cable television and radio, that are registered in Lithuania, with the exception of the national radio and television, shall be licensed. The Radio and Television Commission shall issue term licenses to radio and television stations on the basis of tenders, for the transmission and relay of programmes. The programme contents, its production and technical requirements, number of licenses, duration of their validity and amount of license fees which will be remitted to the Fund for the Support of the Press, Radio and Television, as well as other conditions shall be established by the Radio and Television Commission by no less than a two-thirds majority vote of the commission members. ARTICLE
- The Activity and Formation Principles of the Radio and Television Commission
- The Radio and Television Commission shall: 1) announce and carry out tenders for licenses for the transmission and relay of radio and television programmes of radio and television station and cable television and radio, extend the validity of licenses, announce and carry out tenders for the lease of transmission equipment belonging to state enterprises for the transmission and relay of radio and television programmes, approve tender conditions and adopt decisions pertaining to tender results. Preference shall be given to stations, assuming the obligations to produce original broadcasts of cultural, informational, educational nature, or those programmes which are not transmitted yet by other stations within the planned reception zone; 2) supervise how the obligations submitted in tenders, concerning programme structure and contents as well as other requirements of the tender are being complied with, and upon the discovery of violations, apply to state institutions or file claims in court relative to the elimination of violations, suspension or termination of the activities of radio and television stations; 3) submit applications to the Ministry of Communications and Informatics regarding co-ordination of radio frequencies for every new radio and television station planned and for the allocation of frequencies to licensed radio and television stations; 4) confirm the regulations and budget of the Radio and Television Commission and also appoint the head of administration; 5) collect information concerning radio and television stations, analyse their activities, and prepare methodological information material.
- The Seimas shall appoint 3 members to the Radio and Television Commission, the Lithuanian Journalists’ Union, Lithuanian Journalists’ Society, Lithuanian Composers’ Union, Lithuanian Writers’ Union, Lithuanian Association of Periodical Press Publishers, Lithuanian Artists’ Union, the Lithuanian Cinematographers’ Union, and the Lithuanian Theatre Union shall appoint 1 member each. Every member of the Radio and Television Commission shall be appointed for a term of 3 years. Should a commission member may for some reason, participate in the work of the commission or fail to attend its meetings for more than a period of 3 months, the institution which had appointed him must replace him with another.
- Members of political parties who have been elected to the Radio and Television Commission shall suspend their membership in the party until the end of their term of office in the commission.
- The Radio and Television Commission shall elect a commission chairman from their membership, and shall re-elect him every year. The commission shall work in accordance with its regulations. A commission member may not be its chairman for more than one consecutive term. A member of the Radio and Television Commission may not be the head of the Radio and Television Commission Administration.
- Radio and Television Commission meetings shall be convened by the commission chairman on his own initiative, but not less frequently than once a month. Information concerning scheduled meetings and their agenda shall be announced in the press no later than 10 days prior to the meeting.
- Meetings of the Radio and Television Commission shall be public. The meetings shall be considered as having taken place, if they are attended by more than one half of the commission members. Decisions shall be adopted by more than half of the members attending the meeting. Decisions on issuing licenses, allocation of radio frequencies and tenders shall be adopted by more than two-thirds majority vote of all commission members.
- Decisions of the Radio and Television Commission shall be made public and shall come into effect on the day following the announcement thereof. Decisions of the Radio and Television Commission shall be mandatory for public information producers and disseminators. All of the decisions of the Radio and Television Commission may be appealed against in court within 30 days from their coming into effect.
- The Radio and Television Commission shall have the rights of a legal person.
- The Radio and Television Commission shall be accountable to the Seimas. ARTICLE
- Financing of the Radio and Television Commission’s Activities In order to finance the activities of the Radio and Television Commission, owners of radio and television, cable television and radio stations must transfer every month, into the Radio and Television Commission account, a sum which shall be fixed by the Commission, however, this sum may not be in excess of 1 per cent of the receipts, obtained through the commercial activities of the radio and television station. If radio and television station owners fail to remit funds to the account of the Radio and Television Commission during a period exceeding 3 months, the amounts due shall be recovered through court. ARTICLE
- National Radio and Television of Lithuania
- The National Radio and Television of Lithuania is a public non-profit institution belonging to the state by right of ownership and functioning in accordance with the Law on the National Radio and Television of Lithuania.
- The National Radio and Television of Lithuania shall be financed by allocations from the state budget, subscription charge, income received from the sales of radio and television broadcasts, publishing, sponsorship, charitable contributions and commercial income. The procedure for obtaining income shall be regulated by the Law on the National Radio and Television of Lithuania. With the increase of receipts of the National Radio and Television of Lithuania from the subscription charge, the financing of the National Radio and Television of Lithuania from the state budget shall be decreased accordingly. The law shall establish the introduction of the subscription charge and reduction in state allocations in connection with that. Advertising time shall be reduced during the programmes of the National Radio and Television of Lithuania consistently in accordance with the procedure established by the Seimas.
- The Council shall be the highest governing body of the National Radio and Television of Lithuania, established for a period of 3 years and comprised of 15 individuals. The following creative art and public art organisations shall delegate their representatives: The Lithuanian Architects’ Union, Lithuanian Language Association, Lithuanian Catholic Science Academy, Lithuanian Cinematographers’ Union, Lithuanian Composers’ Union, Lithuanian Periodical Press Publishers’ Association, Lithuanian Association of Chambers of Industry, Trade and Crafts, Lithuanian Writers’ Union, Lithuanian Charter of Republic citizens, Lithuanian Family Centre, Lithuanian Theatre Union, Lithuanian Lawyers’ Association, Lithuanian Journalists’ Society, Lithuanian Union of Journalists. The formation of the National Radio and Television Council of Lithuania shall be organised by the Committee on Education, Science and Culture of the Seimas. The Council shall have the right to resign prior to expiration of its term of assignment. If the Council resigns, the authorisation of the council and of all of its members shall be interrupted. (Amended 25 September 1997)
- Members of political parties who had been appointed to the Council must suspend their membership in the party until the expiration of their term with the Council.
- The Council shall approve the scope and structure of programmes of the National Radio and Television of Lithuania, for the duration of authorisation of the council and shall appoint and dismiss the general director by way of tenders and upon the recommendation of the director. (Ammended 25 September 1997) shall approve his deputies. CHAPTER V THE PROCEDURE OF PUBLIC INFORMATION DISSEMINATION AND REGISTRATION OF ITS PRODUCERS ARTICLE
- Owners of Public Information Producers and Disseminators
- Only a citizen of the Republic of Lithuania or a legal person registered in the Republic of Lithuania may be owner of a public information producer or disseminator .
- The President of the Republic, members of the Seimas, Government members and heads of state institutions must announce in the press what public information producer or disseminators they are owners, co-owners or shareholders of.
- A person may not be a public information producer or disseminator, if he has been prohibited from that by a court judgement.
- The owner of a public information producer or disseminator may at any time terminate or reorganise his activities or transfer the producer or disseminator to another citizen or legal person of the Republic of Lithuania
- A political party or political organisation may not be owner of a radio or television station.
- The State (with the exception of scientific and educational institutions), municipalities and banks may not be owners of a public information producer, unless the laws establish otherwise. The State (with the exception of scientific and educational institutions), municipalities and banks may not hold shares in public information producers, unless the laws establish otherwise. (amended 22 August 1996). ARTICLE
- Registration of Public Information Producers
- The producers and disseminators of public information shall be registered in the Register of Enterprises of the Republic of Lithuania according to the procedure established by laws without prior permission of any state power or government institution.
- Names of periodical publications may be registered as trademarks in accordance with the procedure established by the Law on Trademarks and Service Marks. ARTICLE
- The Dissemination and Restriction of Information
- Public information producer himself or any other natural or legal person shall disseminate information to the public under a contract with a public information producer or with his permission.
- Distribution of mass media produced abroad shall be permitted provided that the contents thereof is not in contradiction to Article 8 of this Law.
- Publisher's data prescribed by the State Standard and the international standard document number (ISBN, ISSN, ISMN) must be indicated in every publication.
- In protecting freedom of the provision of information to the public and public interests the Government shall establish the number of periodical publications (obligatory copies), which public information producers must send to libraries free of charge.
- The Government shall establish the procedure for the distribution of publications, films and videos, radio and television programmes which propagate eroticism and violence. The Ethics Commission of Journalists and Publishers, with the participation of the experts from the Ministries of Culture, Health and Justice, shall establish the attribution of press publications, films and videos, and radio and television programmes to the category of pornographic, erotic and violent type of mass media. ARTICLE
- Termination or Suspension of Activities
- The activities of a producer or disseminator of public information may be terminated or suspended by the owner of the public information producer or disseminator on his own initiative or by court, if the public information producer or disseminator violates the requirements of sub-paragraphs 1,2,3 of paragraph 1, Article 8 of this Law.
- The court shall establish the specific period of suspension of the activities of a public information producer. This period may not be in excess of 30 days, and for journals, may not be in excess of 3 months.
- The activities of a public information producer shall be terminated in the event that the court has already suspended the activities no less than three times in the course of a year. ARTICLE
- Storing of Published Information Producer of public information must keep a copy of the published issue for a 1-year period and of a sound or video production - for a period of 3 months from the day information dissemination. ARTICLE
- Accrediting
- The public information producer shall have the right, according to an agreement between the parties, to accredit his own journalists with state institutions, political parties, political and public organisations and also, other institutions.
- The journalist shall take part in the meetings and other events of the organisation he is accredited with, shall be provided with verbatim reports, minutes and other documents or the copies thereof in accordance with conditions provided by mutual agreement.
- Journalists from other states, accredited with the Ministry of Foreign Affairs, shall acquire equal rights with Lithuanian journalists to collect and announce information. ARTICLE
- Cable Television and Cable Radio
- The cable television and cable radio must relay all programmes of television and radio stations in the Republic of Lithuania, within whose zone of reliable reception the cable television and radio network receiving stations are located.
- Cable television and radio stations shall relay the programmes of other television and radio stations in accordance with contracts with the stations, whose programmes they relay.
- Cable television and radio stations may insert their original broadcasts into programmes being relayed by television and radio stations or otherwise alter the programme being relayed only in accordance with contracts with relayed television and radio programme producers. ARTICLE
- Transmission Quality
- Quality control of radio frequency equipment intended for radio or television aerial or cable transmission shall be implemented in accordance with the procedure established by the Government.
- Radio and television programme transmission enterprises must guarantee transmission quality in accordance with the standards of the Republic of Lithuania.
- The name of the station or of the programme being relayed must be announced in the course of a radio or television station programme no less frequently than once every hour. If the radio and television station programme is shorter than one hour, the name of the programme must be announced at the conclusion of the programme. ARTICLE
- Advertisement and Sponsorship
- The procedure for presenting advertisements in the mass media shall be established by the laws of the Republic of Lithuania.
- If a broadcast or series of broadcasts is fully or partially sponsored, this must be announced at the beginning or conclusion of the broadcast. The announcement may not encourage the sale, purchase, lease or offer services and make comments of an advertising nature.
- The sponsor may not exert influence upon the contents of the announced information. ARTICLE
- Income Declaration of the Owners and Co-owners of Public Information Producers and Openness of Ties with Economic Entities and Institutions of Power and Government Owners and co-owners of public information producers shall declare their income and property in accordance with the procedure established by laws. The owners and co-owners of public information producers shall publicly disclose their economic and financial ties with economic entities, credit and financial institutions and commercial banks and their kinship ties with officers of state institutions in accordance with the procedure established by the Ethics Commission of Journalists and Publishers. I promulgate this Law passed by the Seimas of the Republic of Lithuania PRESIDENT OF THE REPUBLIC ALGIRDAS BRAZAUSKAS