3.Upon receiving the refutation specified in paragraph 2 of this Article, it must be published free of charge of the same size and in the same form as the false information degrading the honour and dignity of the natural person or damaging the professional reputation of the legal person or published by any other adequate means within a period of two weeks, with the exception of the media the periodicity of which is less frequent. In that case, the aforementioned refutation shall be published in the first programme of the National Radio of Lithuania (within a period of two weeks) and in the first publication or programme of the media after the receipt of the refutation, without comments, in the same place, of the same size and in the same form (television and radio – on the same day of the week and at the same time) as the false information degrading the honour and dignity of the natural person or damaging the professional reputation of the legal person. The media must publish the response regardless of whether the information disseminated through them was disseminated on behalf of the media or any other person.
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4.If upon receipt of the refutation referred to in paragraph 2 of this Article, the media decide not to publish such refutation, they must, within a period of two weeks of the receipt of the refutation, reply in writing to a person who has submitted the refutation indicating the reasons and motives for refusal to publish the refutation.
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5.The requirements specified in paragraph 3 of this Article must also be adhered to in cases where the media, of their own free will, publish the refutation of false information degrading the honour and dignity of the natural person or damaging the professional reputation of the legal person.
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6.Refusal to publish or otherwise announce the refutation referred to in paragraph 2 of this Article in the manner prescribed in paragraphs 3-5 of this Article may be appealed against in court according to the place of residence of the person whose honour and dignity has been degraded by the false information, or according to the place of registration of the head office of the legal person whose professional reputation has been damaged by the false information. A complaint must be examined not later than within 30 days of its lodgement; non-working days shall also be included in this time limit.
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CHAPTER V
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REGULATORY and self-regulatory bodies GOVERNING THE ACTIVITIES OF PRODUCERS AND DISSEMINATORS OF PUBLIC information
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Article 45Powers of the Institution Authorised by the Government in the Field of Provision of Information to the Public
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1.The implementation of state policy in the field of provision of information to the public shall be coordinated by an institution authorised by the Government.
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2.The institution authorised by the Government shall perform the following functions:
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1)summarise the practice of application of laws and other legal acts governing the provision of information to the public and submit proposals regarding the drafting of laws and other legal acts as well as amending and supplementing of the effective legal acts;
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2)in cooperation with organisations of producers and disseminators of public information, draft laws and other legal acts proposed by the Government in the field of provision of information to the public;
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3)in cooperation with other institutions and organisations operating in the field of provision of information to the public, implement the provisions of treaties of the Republic of Lithuania related to the provision of information to the public;
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4)provide information and methodological assistance on the issues of provision of information to the public;
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5)organise conferences, seminars and practical trainings relating to the issues of provision of information to the public;
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6)cooperate with relevant foreign institutions and international organisations operating in the field of provision of information to the public;
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7)carry out other functions pertaining to the provision of information to the public assigned to it by this Law and other laws.
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3.The institution authorised by the Government shall have the right to obtain information necessary for the exercise of its functions from associations of producers and disseminators of public information, regulatory and self-regulatory bodies governing the activities of producers and disseminators of public information, state and municipal institutions and agencies.
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Article 46Ethics Commission of Journalists and Publishers
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1.The Ethics Commission of Journalists and Publishers (hereinafter in this Article referred to as the “Commission”) shall be a collegial self-regulatory body of producers and disseminators of public information.
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2.The Commission shall consist of 15 members: with one member delegated by each of the following: the Lithuanian Centre for Human Rights, the Lithuanian Psychiatric Association, the Lithuanian Bishops’ Conference, the Lithuanian Periodical Press Publishers’ Association, the Lithuanian Radio and Television Association, the Lithuanian Cable Television Association, the Regional Televisions’ Association, the Lithuanian Journalists’ Union, the Lithuanian Journalists’ Society, the Lithuanian Journalism Centre, the National Radio and Television of Lithuania, the National Association of Creative Journalists, the National Association of Publishers of Regional and City Newspapers, the Association of Communication and Advertising Agencies and the Association of Internet Media. The members of the Commission shall be appointed for a term of three years. Organisations which delegate their representatives to the Commission shall, at least once per calendar year, convene meetings attended by at least three delegates from each of the aforementioned organisations. The Meeting shall approve the rules of procedure of the Commission.
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3.The work of the Commission shall be organised by the chairman of the Commission, who shall be elected by the Commission from among its members for a term of one year.
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4.The Commission shall perform the following functions:
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1)ensure the cultivation of professional ethics of journalists;
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2)examine violations of professional ethics committed in the course of provision of information to the public by journalists, producers of public information or responsible persons appointed by their participants;
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3)examine disputes between journalists and producers or publishers of public information regarding violations of the Code of Ethics of Lithuanian Journalists and Publishers;
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5.All persons concerned may apply to the Commission.
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6.While pursuing its activities, the Commission shall act in accordance with the Constitution of the Republic of Lithuania, this Law and other laws, treaties of the Republic of Lithuania, other legal acts as well as the Code of Ethics of Lithuanian Journalists and Publishers and the Resolution on the Ethics of Journalism adopted by the Parliamentary Assembly of the Council of Europe.
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7.The Commission shall work in accordance with the regulations approved by it. The Commission’s decisions concerning violations of professional ethics or other violations must be published immediately in the same media wherein the Commission has established these violations and in the same manner as the publication of refutation laid down in Article 44 of this Law. If a producer and/or disseminator of public information within two weeks fail to publish the decision of the Commission pertaining to the violations of professional ethics or other violations in their media, the decision shall be published in the first programme of the National Radio of Lithuania. The decision shall also be published on the Commission’s website.
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8.Producers or disseminators of public information who disagree with the decisions of the Commission may appeal against them to Vilnius Regional Administrative Court; however, they must publish them in the manner laid down in paragraph 7 of this Article.
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9.The Foundation shall ensure the funding of the required work by the Commission’s experts as well as the information and technical servicing of the Commission, public events held by the Commission, maintenance of the Commission’s premises and other administrative expenses.
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Article 47Radio and Television Commission of Lithuania
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1.The Commission shall be an independent body accountable to the Seimas which regulates and controls the activities of broadcasters and re-broadcasters of radio and/or television programmes and providers of on-demand audiovisual media services falling under the jurisdiction of the Republic of Lithuania. The Commission shall participate in the formation of national audiovisual policy. It shall act as an expert body for the Seimas and the Government on the issues of broadcasting and re-broadcasting of radio and television programmes and on-demand audiovisual media services.
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2.In its activities, the Commission shall adhere to the Constitution of the Republic of Lithuania, this Law and other laws and legal acts and the regulations approved by it.
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3.The Commission shall be a public legal entity which has its own seal bearing the state coat of arms and bank accounts. The seat of the Commission shall be in Vilnius.
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4.The Commission shall consist of 13 members: one member shall be appointed by the President of the Republic, three members shall be appointed by the Seimas on the recommendation of the Committee on Education, Science and Culture and the Committee on the Development of Information Society and one member shall be appointed by each of the following: the Lithuanian Artists’ Association, the Lithuanian Filmmakers’ Union, the Lithuanian Composers’ Union, the Lithuanian Writers’ Union, the Lithuanian Theatres’ Union, the Lithuanian Journalists’ Union, the Lithuanian Journalists’ Society, the Lithuanian Bishops’ Conference and the Lithuanian Periodical Press Publishers’ Association. Only a citizen of the Republic of Lithuania of good repute may be appointed as member of the Commission. The members of the Commission shall serve for not more than two terms of office of the state institution which has appointed them or for not more than the duration of two uninterrupted terms of powers of the management bodies of the organisation which has appointed them. The legal basis for the member’s work in the Commission shall be a decision adopted by the institution or organisation which has appointed him.
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5.A member of the Commission may not be recalled from office until the expiration of the term of his powers, except for the cases where:
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1)the member of the Commission resigns;
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2)the member of the Commission has not attended the Commission’s meetings for more than four consecutive months without a valid excuse;
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3)a court judgement of conviction has become effective against the member of the Commission;
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4)the member of the Commission loses the citizenship of the Republic of Lithuania;
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5)the member of the Commission is recognised by court as legally incapable;
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6)the member of the Commission cannot perform his duties for health reasons;
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7)the member of the Commission discredits the name of a member of the Commission.
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6.In the event that a member of the Commission is recalled from office on the grounds provided for in this Article, the chairman of the Commission shall request the institution or organisation which has appointed the member in question to appoint a new member of the Commission for the remaining term of office of the member of the Commission who has resigned or has been recalled. Information about the composition of the Commission and any changes thereof shall be published in the official gazette Valstybės žinios and on the website of the Commission – in the information society media the manager whereof the Commission is.
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7.The powers of a member of the Commission shall expire upon the entry into force of a decision by the management body of the institution or organisation which has appointed him on appointing a new member.
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8.Members of the Seimas and the Government, members of the Council of the National Radio and Television of Lithuania, civil servants of political (personal) confidence, persons linked with broadcasters and re-broadcasters of radio and/or television programmes and providers of on-demand audiovisual media services by employment relations also participants of broadcasters and re-broadcasters of radio and/or television programmes and providers of on-demand audiovisual media services may not be appointed as members of the Commission. Family members of members of the Commission may not be participants of broadcasters and re-broadcasters of radio and/or television programmes or providers of on-demand audiovisual media services. Members of political parties, when appointed to the Commission, shall suspend their membership in the political party and participation in the activities thereof until the end of their term of office in the Commission.
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9.Members of the Commission shall elect the chairman of the Commission by majority vote of all members of the Commission for a term of two years.
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10.Meetings shall be the main form of work of the Commission. The meetings shall be convened at least once a month by the chairman of the Commission on his own initiative or at the request of at least one-third of members of the Commission. Information about the planned meetings and their agenda shall be published in the press or on the Commission’s website.
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11.Meetings of the Commission shall be open to the public. A meeting of the Commission may be closed where there is a need to protect the privacy or property of a person, also if a public hearing may disclose state, professional or commercial secrets.
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12.Meetings of the Commission shall be considered valid if attended by at least two-thirds of its members. The Commission shall take decisions. The decisions shall be taken by a simple majority vote of all the members of the Commission, except for the cases specified in this Law. The decisions on issuing or refusal to issue a licence, also on imposing penalties, changing the terms and conditions of the licence, tender conditions and results, suspension or revocation of a licence shall be taken by at least a two-third majority vote of all the members of the Commission. The aforementioned decisions, except for the decisions on changing the terms and conditions of the licence and tender conditions, shall be taken by a secret vote.
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13.Decisions of the Commission shall be signed by its chairman or any other person authorised by the Commission. The decisions of the Commission which are regulations shall be published in the official gazette Valstybės žinios, except for decisions on the calls for tenders, issuance of licences, temporary suspension of licences and revocation of licences which shall be published in the supplement Informaciniai pranešimai to the official gazette Valstybės žinios. The decisions of the Commission shall enter into force on the following day after their publication, unless a later date of their entry into force is set in the said decisions. Other individual legal acts adopted by the Commission shall be published on the Commission’s website – in the information society media the manager whereof the Commission is, and shall enter into force on the day of their publication, unless a later date of their entry into force is set in the said legal acts. The decisions of the Commission shall be binding on broadcasters and re-broadcasters of radio and/or television programmes and providers of on-demand audiovisual media services; persons may appeal against the aforementioned decisions in court within 30 days of the date of their entry into force.
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14.The Administration of the Commission shall be formed for the purpose of exercising its functions. It shall be headed by the director of the Administration. An employee of the Administration may not be a member of the Commission. The director shall be appointed by the Commission through competition. The director shall make an annual report to the Commission on the activities of the Administration. The composition of the Administration and the number of its staff shall be approved by the Commission. The activities of the Administration shall be organised in conformity with its regulations approved by the Commission.
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15.For the purpose of financing of the activities of the Commission, broadcasters and re-broadcasters of radio and/or television programmes and providers of on-demand audiovisual media services, except for the LRT, which receive income from the activities of broadcasting and re-broadcasting of radio and/or television programmes and provision of on-demand audiovisual media services must make monthly transfers to the Commission’s account in the amount of 0.8% of their income from audiovisual commercial communications, advertising, subscription fees and other activities related to the broadcasting and/or re-broadcasting of radio and/or television programmes and provision of on-demand audiovisual media services. Payments from broadcasters or re-broadcasters of radio and/or television programmes shall be recovered in court if they fail to transfer the funds to the Commission’s account within a period of three months of the fixed time limit. The Commission may also be financed from other sources: funds received for examining licence applications and changing of the terms and conditions of the licence, other fees for services rendered, support funds, publishing activities, etc.
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16.The Commission shall annually draw up and approve the estimate of its planned expenditure. This estimate and the report on its implementation shall be published by the Commission in the supplement Informaciniai pranešimai to the official gazette Valstybės žinios.
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17.The chairman of the Commission shall once a year report on the activities of the Commission at a plenary sitting of the Seimas and shall submit the Commission’s financial report.
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18.Members of the Commission and staff of the Administration shall be prohibited from distributing information which is a commercial secret of broadcasters and re-broadcasters of radio and/or television programmes, providers of on-demand audiovisual media services and managers of the information society media.
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Article 48Competence of the Radio and Television Commission of Lithuania
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1.The Commission shall perform the following functions:
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1)together with the Communications Regulatory Authority, draw up the strategy for the assignment of radio frequencies for broadcasting and transmission of radio and television programmes; together with the Communications Regulatory Authority and in accordance with the strategy for the assignment of radio frequencies for broadcasting and transmission of radio and television programmes, draw up and approve the plan for the assignment of radio frequencies for broadcasting and transmission of radio and television programmes;
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2)in accordance with the procedure established by this Law and the Rules for Licensing of Broadcasting and Re-broadcasting Activities, publish calls for tenders and organise tenders for obtaining broadcasting and re-broadcasting licences, determine the terms and conditions of these tenders and licences, issue licences, and change the terms and conditions of licences;
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3)submit to the institution authorised by the Government in the field of provision of information to the public for approval a description of the procedure for fixing the amount of the annual licence fee;
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4)in the cases specified in the description of the procedure for fixing the amount of the licence fee, apply to the institution authorised by the Government in the field of provision of information to the public for setting and/or changing the amount of the annual licence fee for a specific person;
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5)establish the procedure for registration of providers of on-demand audiovisual services and, in compliance with this procedure, register providers of on-demand audiovisual services falling under the jurisdiction of the Republic of Lithuania;
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6)exercise control over compliance by broadcasters and re-broadcasters of radio and/or television programmes, providers of on-demand audiovisual media services and other persons broadcasting or re-broadcasting audiovisual and/or audio works by electronic communications networks with this Law and the Law on the Protection of Minors against the Detrimental Effect of Public Information, the assumed obligations, the terms and conditions of licences and decisions adopted by the Commission;
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7)investigate viewer complaints concerning broadcasters and re-broadcasters of radio and/or television programmes, providers of on-demand audiovisual media services and persons providing viewers access to on-demand audiovisual media services protected by restricted access systems;
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8)within the scope of its competence, supervise the implementation of the provisions of the Law on the Protection of Minors against the Detrimental Effect of Public Information;
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9)establish the procedure for implementation of the requirements laid down by laws and EU legal acts concerning the structure and content of radio and/or television programmes, audiovisual commercial communications and the broadcasting of advertising as well as sponsorship of audiovisual media services, radio programmes and parts of programmes in radio and/or television programmes, and, within the scope of its competence, adopt other legal acts implementing the provisions of this Law and other laws;
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10)exercise control over compliance by broadcasters of television programmes and providers of on-demand audiovisual media services with the provisions of this Law concerning the proportion of European works and works by independent producers in broadcast television programmes and catalogues, the right to broadcast events of major importance for society as well as the requirements laid down in paragraphs 1, 3, 5, 6, 10 and 11 of Article 39 of this Law concerning television advertising and audiovisual commercial communications, the requirements laid down in Article 40 concerning sponsorship of audiovisual media services, radio programmes and parts of programmes and the requirements laid down in Article 401 concerning the product placement in programmes;
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11)exercise control over compliance by broadcasters and re-broadcasters of radio and/or television programmes, providers of on-demand audiovisual media services and other persons broadcasting or re-broadcasting audiovisual and/or audio works by electronic communications networks with the provisions of this Law and other laws concerning the broadcasting and re-broadcasting of radio and/or television programmes and the requirements for public information and dissemination thereof laid down by other laws;
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12)in exercising control over compliance with laws, decisions of the Commission regulating the activities of broadcasters and re-broadcasters of radio and/or television programmes and providers of on-demand audiovisual media services as well as terms and conditions of licences, carry out monitoring of audiovisual works, radio and/or television programmes broadcast or re-broadcast by electronic communications networks;
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13)in accordance with the procedure established by laws, impose the following sanctions on broadcasters and re-broadcasters of radio and/or television programmes, providers of on-demand audiovisual media services and other persons broadcasting or re-broadcasting audiovisual and/or audio works by electronic communications networks who have violated the requirements of the Law on the Protection of Minors against the Detrimental Effect of Public Information, this Law or the terms and conditions of licences, or who fail to observe the decisions adopted or obligations issued by the Commission: issue a warning, suspend the licence for a period not exceeding three months, revoke the licence, impose penalties prescribed by the Code of Administrative Offences, refer to court regarding the suspension or termination of activities of the information society media in accordance with the procedure laid down by this Law;
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14)submit proposals on the drafting of laws regulating the activities of broadcasters and re-broadcasters of radio and/or television programmes and providers of on-demand audiovisual media services and other legal acts related thereto;
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15)refer to the competent institution regarding the termination of unlawful activities of broadcasting and/or re-broadcasting and on-demand audiovisual media services;
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16)in accordance with the procedure established by this Law, suspend the provision of services produced by foreign providers of audiovisual media services within the territory of the Republic of Lithuania;
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17)accumulate relevant information on broadcasters and re-broadcasters of radio and/or television programmes and providers of on-demand audiovisual media services, analyse their activities and publish information on participants thereof, prepare information and methodological material on these issues;
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18)consult and exchange information with foreign and international institutions in relation to broadcasters and re-broadcasters of radio and/or television programmes and providers of on-demand audiovisual media services and services provided by them and regulation and control of activities thereof;
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19)every two years prepare and submit to the Seimas an analytical survey on the implementation of Lithuania’s audiovisual policy, the development of audiovisual media services, provide statistical data on the activities of all providers of audiovisual media services falling under the jurisdiction of the Republic of Lithuania in the course of implementation of the provisions of paragraphs 3 and 4 of Article 38 of this Law, also specify the reasons impeding the implementation of the said provisions and the remedial measures taken or to be taken;
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20)cooperate with the institutions of the EU Member States and other foreign countries performing equivalent functions, also, within the scope of its competence, represent the Republic of Lithuania at international organisations;
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21)establish the procedure for encoding broadcast and/or re-broadcast radio and/or television programmes;
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22)perform other functions laid down by laws and other legal acts.
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2.While performing the functions referred to in subparagraph 6 of paragraph 1 of this Article, the Commission may apply to the Inspector of Journalist Ethics regarding the conclusions pertaining to the assignment of public information to the category of information which has a detrimental effect on the development of minors if members of the Commission have doubts when assessing the damage done by public information to the physical, mental or moral development of minors or the assessment of such public information requires special knowledge. Upon receipt of such an inquiry, the Inspector of Journalist Ethics must, in the manner and within the time limits prescribed by this Law, submit to the Commission his own conclusions or conclusions of experts of the Office of Inspector of Journalist Ethics with respect to that issue.
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3.In performing the functions prescribed by legal acts, the Commission shall have the right:
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1)to obtain free of charge from broadcasters and re-broadcasters of radio and/or television programmes, providers of on-demand audiovisual media services, managers of the information society media, state and municipal institutions and agencies as well as other legal persons information, including information constituting a commercial secret, necessary for the exercise of the functions of the Commission;
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2)to obtain from broadcasters and re-broadcasters of radio and/or television programmes, providers of on-demand audiovisual media services, managers of the information society media, state and municipal institutions and agencies as well as other persons documents and other information necessary for investigation of violations of the relevant laws which are assigned to the competence of the Commission;
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3)upon receiving court authorisation, to carry out on-the-spot checks;
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4)to set up commissions and working groups for drafting legal acts or dealing with other issues falling within the competence of the Commission, to include specialists from other institutions (upon co-ordination with their heads) in the said commissions and groups;
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5)within the scope of its competence as a competent authority, in compliance with Regulation (EC) No 2006/2004 of the European Parliament and of the Council of 27 October 2004 on cooperation between national authorities responsible for the enforcement of consumer protection laws, to participate in the development and implementation of a framework for cooperation established by this Regulation;
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6)to organise meetings, conferences and other events;
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7)to conclude agreements, assume obligations, enjoy other civil rights and duties, provided that this is not in contradiction with the laws of the Republic of Lithuania;
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8)to enjoy other rights established by this Law, directly applicable legal acts of the European Union regulating broadcasting and re-broadcasting activities and Regulation (EC) No 2006/2004 of the European Parliament and of the Council of 27 October 2004 on cooperation between national authorities responsible for the enforcement of consumer protection laws as well as other legal acts.
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Article 49Inspector of Journalist Ethics
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1.The Inspector of Journalist Ethics (hereinafter referred to as the “Inspector”) shall be a state official who supervises the implementation of the provisions of this Law.
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2.The Inspector shall be appointed for a five-year term of office by the Seimas on the recommendation of the Ethics Commission of Journalists and Publishers. The same person may not be appointed the Inspector for more than two successive terms of office. A person appointed as Inspector shall hold office until the appointment of a new Inspector.
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3.A citizen of the Republic of Lithuania of good repute with a university degree in law and the competence necessary to perform his duties shall be appointed Inspector.
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4.Members of the Seimas, the Government as well as civil servants of political (personal) confidence may not be appointed as Inspector. The Inspector and members of his family may not be linked with producers and/or disseminators of public information by employment relations and may not hold shares of producers and/or disseminators of public information. During his term of office, the Inspector may not participate in political activities.
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5.The Inspector shall act in accordance with the Constitution of the Republic of Lithuania, this Law and other laws, treaties ratified by the Republic of Lithuania, EU legal acts, the Code of Ethics of Lithuanian Journalists and Publishers and other legal acts.
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6.The activities of the Inspector shall be based on the principles of legitimacy, impartiality, justice and publicity.
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7.The Inspector may not hold any other elective or appointed posts and receive any other remuneration, except for remuneration set in accordance with the Law on the Remuneration of State Politicians, Judges and State Officials and for teaching or creative activities.
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8.The Inspector shall be dismissed from office when:
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1)his term of office expires and he is not appointed for another term of office;
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2)he resigns;
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3)he is absent from work due to temporary incapacity for work for more than 120 calendar days in succession or more than 140 days during the last 12 months, unless the laws provide that in the case of certain illnesses the post is retained for a longer period, or when the Inspector is unable to perform his duties pursuant to the conclusions of the Disability and Capacity for Work Establishment Office under the Ministry of Social Security and Labour;
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4)a court judgement of conviction has become effective against him;
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5)more than half of all the members of the Seimas have expressed no confidence in him;
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6)he loses the citizenship of the Republic of Lithuania.
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9.When taking a decision, the Inspector may enlist the assistance of experts (groups of experts) which submit their conclusions regarding the assignment of press publications, audiovisual works, radio and television programmes or parts of programmes, Internet websites or other media and/or their content to the categories of information of erotic, pornographic and/or violent nature, as well as their conclusions on whether the public information incites discord on grounds of sex, sexual orientation, race, nationality, language, origin, social status, belief, convictions or views. The composition and number of experts (groups of experts) shall be approved by the Inspector. The experts (groups of experts) shall be liable under the law for the correctness of their conclusion (conclusions). Experts (groups of experts) shall operate in accordance with the rules of procedure approved by the Inspector. The description of assignment of the media to the categories of information of erotic and/or violent nature and the procedure for fixing the amounts of fees for assigning the media to the categories of information of erotic, pornographic and/or violent nature shall be established by the Government on the recommendation of the Inspector.
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10.The activities of the Inspector shall be ensured by the Office of the Inspector of Journalist Ethics. The Office of the Inspector of Journalist Ethics shall be a state budgetary body headed by the Inspector.
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11.The Office of the Inspector of Journalist Ethics shall be a public legal entity and have a seal bearing the coat of arms of the State of Lithuania and the name Office of the Inspector of Journalist Ethics inscribed therein. The Inspector shall be held liable for the use and safekeeping of the seal. The seat of the Office of the Inspector of Journalist Ethics shall be in Vilnius, with the premises provided by the Government.
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12.The activities of the Inspector, the Office of the Inspector of Journalist Ethics and experts (expert groups) operating under it shall be financed from the state budget. The funds for these activities shall be allocated under a separate line.
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13.The tasks, functions, rights and duties as well as the structure, organisation of work and financing of the Office of the Inspector of Journalist Ethics shall be laid down in the Regulations of the Office of the Inspector of Journalist Ethics approved by the Seimas.
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14.The Inspector shall once a year report to the Seimas on his own activities and the activities of the Office of the Inspector of Journalist Ethics and, by 1 April each year, present an annual activity report. The report shall be published on the website of the Office of the Inspector of Journalist Ethics.
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Article 50Competence of the Inspector
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1.The Inspector shall perform the following functions:
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1)investigate the complaints (applications) of the persons concerned whose honour and dignity have been degraded in the media;
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2)examine the complaints (applications) of the persons concerned in relation to violation of their right to protection of privacy in the media;
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3)examine the complaints (applications) of the persons concerned in relation to violation of processing of their personal data in the media;
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4)exercise, within the scope of his competence, supervision over implementation of the provisions of the Law on the Protection of Minors against the Detrimental Effect of Public Information;
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5)assess compliance with the principles of provision of information to the public set forth in this Law and other laws and legal acts regulating the provision of information to the public in providing information to the public;
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6)submit proposals to the Seimas and other state institutions for improving this Law and other laws and legal acts regulating the provision of information to the public and implementation thereof;
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7)on the basis of the conclusions of experts (groups of experts), assign press publications, audiovisual works, radio and television programmes or parts of programmes, the information society media or other media and/or their content to the categories of information of erotic, pornographic and/or violent nature and inform the State Tax Inspectorate under the Ministry of Finance about press publications of erotic and/or violent nature;
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8)on the basis of the conclusions of experts (groups of experts), establish whether public information published in the media incites discord on grounds of sex, sexual orientation, race, nationality, language, origin, social status, belief, convictions or views;
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9)cooperate with counterpart institutions of the European Union and other countries and, within the scope of his competence, represent the Republic of Lithuania in international organisations;
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10)draw up and publish every two years an analytical survey – the guidelines for the development of a democratic culture in the field of provision of information to the public;
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11)carry out monitoring of public information in the media, except for monitoring of radio and television programmes.
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2.In performing the functions specified in paragraph 1 of this Article, the Inspector shall have the right to:
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1)having information about violations that have not been specified in the complaints (applications), on his own initiative commence an investigation in accordance with the procedure set forth by this Law or refer the collected material to other competent state institutions for investigation;
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2)in accordance with the procedure established by this Law, obtain free of charge information from producers and disseminators of public information, including information published in the media managed by them (video and audio recordings of broadcast programmes, specimen of publications and copies thereof) necessary for the exercise of his functions;
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3)obtain information, documents and other material necessary for the exercise of his functions from state and municipal institutions and agencies free of charge;
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4)in accordance with the procedure set forth by laws, however only to the extend it is necessary to perform his functions, get access to documents constituting a state, official, commercial or bank secret, also documents containing information about personal data protected by laws;
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5)without violating the rights and legitimate interests of persons, film, make photographs, sound and video recordings and use any other technical means during investigations in accordance with the procedure prescribed by laws;
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6)attend the sittings and meetings organised by the Seimas, the Government and other state institutions, take part in the activities of commissions and working groups set up by them, attend the meetings of regulatory and self-regulatory bodies governing the activities of producers and disseminators of public information when issues related to the implementation of the provisions of this Law, the activities of the Inspector or an investigation carried out by him are considered and express his opinion on the issues;
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7)set up working groups and commissions for drafting legal acts and proposals, organising events and considering other relevant issues;
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8)for the purpose of exercising the functions laid down in this Law and other laws, enlist the assistance of experts (groups of experts), establish their rules of procedure as well as payment procedure.
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3.In performing the functions specified in paragraph 1 of this Article, the Inspector may take the following decisions:
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1)issue a warning to producers and disseminators of public information, (natural) persons responsible for the content of the media about the noticed violations of this Law and other legal acts governing the provision of information to the public and request that they be eliminated;
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2)request that a producer or disseminator of public information refute, in accordance with the established procedure, the published false information degrading the honour and dignity of a person or damaging his professional reputation or legitimate interests, or provide the person with a possibility to reply and refute such information himself;
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3)apply to the competent state institutions and the Ethics Commission of Journalists and Publishers regarding the noticed violations of this Law and other legal acts governing the provision of information to the public;
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4)draw up reports of administrative offences in the cases set out in the Code of Administrative Offences;
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5)consider cases of administrative offences and impose administrative penalties in the cases set out in the Code of Administrative Offences;
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6)recognise the complaint (application) as unjustified;
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7)terminate the investigation commenced on own initiative if the violations or circumstances due to which the investigation was started have not been corroborated;
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8)refuse to investigate the complaint (application);
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9)terminate the examination of the complaint (application).
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4.A complaint (application) submitted to the Inspector must specify:
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1)the name, surname and address of the person (applicant) who has lodged the complaint (application);
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2)the specific media and publication or a part of programme which contained the information degrading the honour and dignity of the person (applicant) who has lodged the complaint (application), violating the person’s right to protection of privacy or the interests of minors;
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3)what disseminated information contradicts reality, in what way the right to privacy has been violated and the interests of minors have been affected;
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4)the content of the application to the Inspector;
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5)the date of writing of the complaint (application) and the signature of the person (applicant) who has lodged the complaint (application).
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5.The complaint (application) which does not contain at least one of the requirements specified in paragraph 4 of this Article shall not be examined unless the Inspector decides otherwise. In the event that the Inspector refuses to examine the complaint (application) due to the shortcomings of content requirements, the person (applicant) shall be informed thereof within five working days specifying the shortcomings. Upon elimination of the shortcomings, the person’s (applicant’s) complaint (application) shall be accepted for examination with the date of lodgement thereof considered to be the date of receipt of the complaint (application) meeting all the requirements.
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6.In the cases referred to in subparagraphs 1-3 of paragraph 1 of this Article, the Inspector shall only examine complaints (applications) lodged by persons whose rights have been violated in the media or the legal representatives as well as appointed representatives of such persons. In these cases, anonymous complaints (applications) shall not be investigated.
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7.In the case referred to in subparagraph 4 of paragraph 1 of this Article, the Inspector shall examine the complaints (applications) lodged not only by persons whose rights have been violated in the media or their legal representatives, but also complaints (applications) lodged by other persons, including anonymous complaints (applications). In that case, the Inspector may start an investigation on his own initiative.
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8.Written or oral appeals, applications and notifications by the persons (applicants) concerned which do not contain complaints against the actions of producers and/or disseminators of public information, but only request to provide explanations, information or required documents, to express an opinion or submit a conclusion regarding the implementation of the provisions of this Law shall not be considered as complaints (applications).
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9.The Inspector shall refuse to examine a complaint (application) and shall return it to the person (applicant) who has lodged the complaint (application) where:
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1)investigation of the circumstances specified in the complaint (application) falls outside the scope of competence of the Inspector. In this case, the complaint (application) shall, within five working days, be forwarded to an entity of public administration which has the required powers and the person (applicant) who has lodged the complaint (application) shall be informed thereof. Where an institution competent to examine the complaint (application) of a person is a court, the complaint (application) shall be returned to the person (applicant) who has lodged the complaint (application) and the necessary information shall be provided;
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2)upon commencing the examination of the complaint (application), it transpires that the complaint (application) in relation to the same issue is pending in court; In that case, the examination of the complaint (application) shall be suspended until the complaint (application) has been investigated by the court. The person who has lodged the complaint (application) shall be informed of the suspension of examination of the complaint (application). In that case, the investigation of the complaint (application) shall be renewed only upon request of the person (applicant) and upon notifying the Inspector thereof in writing;
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3)the court or the Inspector have already taken a decision on the same issue and the person (applicant) has not provided any new factual data allowing to appeal against the decision. In that case, the person (applicant) shall be informed of the decision not to examine the complaint (application) within five working days from the date of receipt of the complaint (application);
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4)it is impossible to commence the investigation of the complaint (application) due to the shortage of data and when requested, the person (applicant) who has lodged the complaint (application) does not provide the data necessary for the investigation of the complaint (application) or is unable to provide them for objective reasons;
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5)a procedural decision has been adopted to institute criminal proceedings in relation to the subject matter of the complaint (application);
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6)the person (applicant) withdraws the complaint (application) and informs the Inspector thereof in writing.
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10.In the case specified in subparagraph 6 of paragraph 9 of this Article, where a person (applicant) withdraws a part of the claims from his complaint (application), only that part of the complaint (application) from which no claims have been withdrawn shall be examined.
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11.In the event that a decision to refuse to examine the complaint (application) is taken, the person (applicant) who has lodged the complaint (application) must be notified of the reasons for such refusal.
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12.The investigation of a complaint (application) shall be terminated if circumstances specified in paragraph 9 of this Article transpire in the course of investigation.
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13.The Inspector shall examine the complaint (application) received within three months of receipt thereof.
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14.If a complaint (application) is justified, the Inspector may take one of the decisions specified in paragraph 2 of this Article. The Inspector shall communicate the decision to the person (applicant) who has lodged the complaint (application), producers and/or disseminators of public information, persons responsible for the content of the media.
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15.In cases where a complaint (application) is considered unjustified, the Inspector must provide a reasoned reply in writing to the person (applicant) who has lodged the complaint (application).
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16.The decisions of the Inspector, except for the cases specified in paragraph 17 of this Article, shall be published free of charge in the supplement Informaciniai pranešimai to the official gazette Valstybės žinios and on the website of the Office of the Inspector of Journalist Ethics. In such cases, the operative part of the Inspector’s decision must be forthwith published in the same media wherein the Inspector established the violation.
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17.In cases where the publication of the Inspector’s decision may violate the rights and/or legitimate interests of the person or where the person (applicant) who has lodged the complaint (application) does not request to publish the decision, the Inspector’s decision shall not be made public. In such cases, the Inspector’s decision shall only be communicated to the person (applicant) who has lodged the complaint (application) and the producer and/or disseminator of public information who manages the media wherein the violation was established.
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18.The decisions of the Inspector may be appealed against in court within 30 days of their publication or, where the decision is not made public, of receipt of the notification of adoption thereof.
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19.Failure to comply with the lawful requirements of and decisions adopted by the Inspector or any other hindrance of the Inspector in exercising the rights or powers granted to him by this Law shall incur administrative liability.
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CHAPTER VI
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LIABILITY FOR VIOLATIONS OF LEGAL ACTS REGULATING THE PROVISION OF INFORMATION TO THE PUBLIC AND THE PROCEDURE FOR IMPLEMENTATION THEREOF
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Article 51Liability of Producers and Disseminators of Public Information and Officials
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1.A producer or disseminator of public information shall, in accordance with the procedure established by this Law and other laws, be liable for violating this Law and other laws and treaties of the Republic of Lithuania regulating the production of public information, also for violating the procedure for dissemination of public information established by laws.
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2.The manager of the information society media shall be liable for the content thereof in the manner prescribed by this Law and other laws.
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3.Providers of intermediate information society services shall be liable for the content of the information society media in accordance with the procedure and conditions set out in the Law on Information Society Services.
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Article 52Suspension or Termination of Activities of Producers and/or Disseminators of Public Information
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1.The activities of a producer and/or disseminator of public information, except for broadcasters and/or re-broadcasters of radio and/or television programmes, may be temporarily suspended or terminated by the court if the producer and/or disseminator of public information violate the provisions of paragraphs 1 and 2 of Article 19 of this Law.
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2.When taking a decision on the temporary suspension of activities of a producer and/or disseminator of public information, the suspension term set by the court may not exceed one month with respect to newspaper editorial offices and three months with respect to magazine editorial offices.
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3.The activities of a producer and/or disseminator of public information may be terminated by the court if the court has already suspended their activities at least once during the previous 12 months.
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Article 53Compensation for Damage
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Damage incurred due to violations of this Law shall be compensated in accordance with the procedure laid down in the Civil Code.
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Article 54Exemption from Editorial Responsibility and Compensation for Damage
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1.Editorial responsibility shall not apply to a producer and/or disseminator of public information and they shall not be held liable for publication of false information where they have indicated the source of information and it has been:
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1)provided in official or publicly available documents of state and municipal institutions and agencies, political parties, trade unions and associations or other persons;
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2)publicly stated in open meetings, sessions, press conferences, demonstrations and other events, and the producer of public information has not distorted the statements made. In this case, all responsibility shall fall on the organisers of the aforementioned events and persons who have made the information public;
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3)published earlier in other media if the information has not been refuted in the media wherein it has been published;
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4)published by participants of live programmes and internet conferences, viewers of interactive television or users of information society media who are not related to the producer of public information;
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5)published in a special election campaign programme which has not been produced by the producer of public information;
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6)presented in non-anonymous advertising announcements;
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7)presented in the form of an opinion, commentary or evaluation.
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2.In the cases specified in paragraph 1 of this Article, liability for the publication of false information shall fall upon those who were the first to publish such information.
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I promulgate this Law passed by the Seimas of the Republic of Lithuania.
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PRESIDENT OF THE REPUBLIC ALGIRDAS BRAZAUSKAS Annex to Republic of Lithuania Law on the Provision of Information to the Public LEGAL ACTS OF THE EUROPEAN UNION IMPLEMENTED BY THIS LAW 1. Council Directive 89/552/EEC of 3 October 1989 on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the pursuit of television broadcasting activities (OJ 2004, special edition, Chapter 6, Volume 1, p. 224) with the latest amendments done by Directive 2007/65/EC of the European Parliament and of the Council of 11 December 2007 (OJ 2007, L 332, p.27).
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2.Directive 98/48/EC of the European Parliament and of the Council of 20 July 1998 amending Directive 98/34/EC laying down a procedure for the provision of information in the field of technical standards and regulations (OJ 2004 special edition, Chapter 13, Volume 21, p. 8).
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3.Regulation (EC) No 2006/2004 of the European Parliament and of the Council of 27 October 2004 on cooperation between national authorities responsible for the enforcement of consumer protection laws (OJ 2004 L 364, p. 1). ______________