REPUBLIC OF LITHUANIA

REPUBLIC OF LITHUANIA REPUBLIC OF LITHUANIA LAW ON THE PROVISION OF INFORMATION TO THE PUBLIC 2 July 1996 – No I-1418 (As last amended on 20 December 2011– No XI-1820) 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. 2. This Law shall implement the legal acts of the European Union listed in the Annex to this Law. 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. 13. “Disinformation” means intentionally disseminated false information.  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. 28. “Newspaper” means an information publication which is periodically published and circulated. 29. “Publisher” means a person who is engaged in publishing activities. 30. “Publication” means an electronic or printed medium wherein public information is inscribed. 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.  84. “News” means a fact or factual (correct) data published in the media. 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. 87. “Journalist” means a natural person who, on a professional basis, collects, prepares and presents material to the producer and/or disseminator of public information under a contract with him and/or is a member of a professional journalists’ association. 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. 3. Public information must be presented in the media in a fair, accurate and impartial manner.  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. CHAPTER II FREEDOM OF INFORMATION AND PROTECTION THEREOF 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: 1) collect information and publish it in the media; 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; 4) publish publications or programmes under his own name, pseudonym or anonymously. 2. No one shall be forced to disseminate information relating to state or municipal institutions and agencies as well as other budgetary institutions, except for cases specified by laws. 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. 2. State and municipal institutions and agencies must inform the public about their activities. 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.  2. It shall be prohibited to persecute a producer or disseminator of public information, their participant or a journalist for the information published if there has been no violation of law in the course of production and dissemination thereof. 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. 3. Foreign journalists accredited with the Ministry of Foreign Affairs of the Republic of Lithuania shall have the same rights to collect and publish information as Lithuanian journalists. 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; 6) to film or photograph close ups of a deceased or fatal casualty without the consent of the family members of the deceased or the fatal casualty or to make video recordings of him. 2. The prohibitions specified in paragraph 1 of this Article shall not apply when recording violations of law and in the cases specified in paragraph 3 of Article 14 of this Law. 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. 2. When publishing the results of public opinion surveys, the conductors of surveys as well as the statistical reliability of these surveys (providing the survey sample and margin of error) must be specified. 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. 3. The control over information which is not to be published and the procedure for disseminating restricted public information shall be established by the Government. 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. 3. Refusal to provide the requested information shall be communicated to a person in writing in accordance with the procedure established by laws, specifying the reasons for refusal to provide the information. 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; 5) promotes and/or advertises addictions and narcotic or psychotropic substances. 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. 3. Refusal to publish the official state notifications in the cases specified in paragraph 1 of this Article shall incur liability in accordance with the procedure established by laws. 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; 4) may not publish unfounded, unchecked accusations which are not based on facts; 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; 8) must clearly introduce religious organisations and their views to avoid misleading people; 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. 3. The professional and legal status of journalists and their social guarantees shall be laid down in this Law and other laws of the Republic of Lithuania. 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.  4. Failure to submit the data referred to in paragraphs 1 and 2 of this Article shall incur liability in accordance with the procedure established by laws and other sanctions. 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; 2) the provider of audiovisual media services does not use a transmission station set up in Lithuania which transmits signals to the satellite; however, he uses the resources of a communications satellite belonging to the Republic of Lithuania. 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. 3. Repealed as of 18 October 2010. 4. Repealed as of 18 October 2010. 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. Repealed as of 1 January 2012. 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: 1) state grants (subsidies); 2) funds contributed by legal or natural persons; 3) annual fees for the licences of broadcasters and re-broadcaster of radio and/or television programmes registered in the Republic of Lithuania; 4) interest on the funds of the Foundation kept in banks; 5) other lawfully acquired funds. 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. Repealed as of 1 January 2012. 6. The Foundation shall, by tender, support cultural and educational projects of producers of public information under the following six programmes: 1) cultural, art publications; 2) educational publications; 3) regional media (regional, local newspapers, magazines or other special publications, radio and television); 4) radio and television; 5) the Internet media (information society media); 6) cultural education of children and youth. 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. 8. The Foundation shall each year publish in the press its annual activity report, while the chairman of the Council of the Foundation shall each year at a plenary meeting of the Seimas present the annual report on the allocation and use of the funds received from the budget. 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 p …