LIETUVOS RESPUBLIKOS

LIETUVOS RESPUBLIKOS REPUBLIC OF LITHUANIA LAW ON PROVISION OF INFORMATION TO THE PUBLIC 2 July 1996 – No I-1418 (As last amended on 15 July 2009 – No XI-348) Vilnius CHAPTER I GENERAL PROVISIONS Article 1.  Purpose of the Law 1. This Law shall establish the procedure for collecting, preparing, making public and disseminating public information and the rights, duties and liabilities of public information producers, disseminators, participants therein, journalists and institutions regulating their activities. 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 under a contract with a broadcaster or re-broadcaster receives television and/or radio programmes. 2. “Announcement” means a separate part of a programme, the purpose of which is to introduce broadcasts or other parts of the programme. 3. “Terrestrial television” means programme broadcasting and/or re-broadcasting by an analogue or digital terrestrial television station or a network of such stations. 4. “Terrestrial radio” means programme broadcasting and/or re-broadcasting by an analogue or digital terrestrial radio station or a network of such stations. 5. “Terrestrial radio network” means an electronic communications network which is comprised of more than one analogue or digital terrestrial radio station and which is intended for broadcasting and/or re-broadcasting of the same programme/programmes to the public. 6. “Terrestrial television network” means an electronic communications network which is comprised of more than one analogue or digital terrestrial television station and which is intended for broadcasting and/or re-broadcasting of the same programme/programmes to the public. 7. “Criticism of a person” means examination and evaluation of a person or his activities without degrading the person’s honour and dignity, violating his private life and damaging his professional reputation. 8. “Personal health information” means information concerning the health of a person as defined in laws of the Republic of Lithuania.  9. “Person” means a natural or legal person and branches of enterprises established in the Member States of the European Union and other states which are parties to the European Economic Area Agreement in the Republic of Lithuania. 10. “Audiovisual policy” means the establishment and implementation of the strategy and public administration principles for the audiovisual sector, the directions, objectives and tasks of its development, the drafting of the Republic of Lithuania laws and other legal acts regulating the activities of the audiovisual sector, harmonisation of the said legal acts with international requirements as well as their implementation. 11. “Audiovisual work” means a cinematographic work or any other work expressed by cinematographic means, which is comprised of a series of interrelated images conveying motion, with or without accompanying sounds, recorded (fixed) in a material visual recording medium.  12. “Common-use reception network” means a local electronic communications network intended for the reception of television and/or radio programmes and their transmission by distribution lines to terminal equipment. 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 television sets, radio receivers and other reception equipment used to receive broadcast and/or re-broadcast programmes and other types of broadcast information.  16. “Information society media” means the media, which render information society services by disseminating public information.   17. “Manager of the information society media” means a person who actually manages a medium of the information society in which public information is being prepared and/or disseminated, or who prepares and/or disseminates the contents of such medium.   18. “Information society service” means a service normally provided for remuneration, at a distance, by electronic means and at the individual request of a recipient of an information society service.  19. “Recipient of an information society service (hereinafter referred to as a “service recipient) means a person, including a representative office or branch of a foreign legal person, who uses an information society service. 20. “Intermediate provider of information society services” means a provider of information society services who transmits information provided by a service recipient through an electronic communications network, provides a possibility to use an electronic communications network or stores information provided by a service recipient. 21. “Provider of an information society service (hereinafter referred to as a “service provider”) means a person who renders an information society service, including a representative office or branch of a foreign legal person. 22. “Cable television” means the broadcasting and/or re-broadcasting of television programmes by a cable television network. 23. “Cable television network” means an infrastructure the major part of which is wired and used for broadcasting and/or re-broadcasting television programmes to the terminal equipment. 24. “Cable radio” means the broadcasting and/or re-broadcasting of radio programmes by a cable radio network. 25. “Cable radio network” means an infrastructure the major part of which is wired and used for broadcasting and/or re-broadcasting radio programmes to the terminal equipment. 26. “Broadcast” means a separate part of a programme, usually having its author(s) and host(s), its name and broadcasting time.  27. “Newspaper” means an information publication which is periodically published and circulated. 28. “Microwave multichannel distribution system” (hereinafter referred to as the “MMDS”) means the broadcasting and/or re-broadcasting of programmes by a MMDS network. 29. “Microwave multichannel distribution system network” (hereinafter referred to as the “MMDS network”) means an electronic communications network used for broadcasting, re-broadcasting and receiving programmes, changing their encoding or electromagnetic oscillation parameters and transmitting them by microwave terrestrial transmitters and by the signal reception network of such transmitters to the terminal equipment. 30. “National newspaper” means a newspaper, which is circulated within a territory where the Lithuanian population accounts for more than 60 % of inhabitants.   31. “National broadcaster” means a broadcaster whose programme broadcast by a terrestrial television or radio network is received within a territory where the Lithuanian population accounts for more than 60 % of inhabitants. 32. “Independent producers” means persons who do not have a participating interest in a broadcaster or who are not members of the broadcaster’s administrative bodies, also persons who are not linked with the broadcaster by employment or service relations, or joint activity, producing audio or audiovisual works and selling them freely or transferring them otherwise. 33. “Opinion” means a view, understanding, perception, notion, thought or comment on ideas of a general nature, judgements of facts and data, phenomena or events, conclusions or remarks regarding the news related to real events, made public by the media.   An opinion may be based on facts or sound arguments and is usually subjective, therefore, the criteria of truth and accuracy do not apply to it; however, it must be expressed fairly and ethically, without deliberately concealing and distorting facts and data.  34. “Official documents of state and municipal institutions and agencies” means written, graphic, audio, computer information or other documents related to the activities of state and municipal institutions, enterprises and agencies as well as persons authorised by the State, produced, approved or received by them in the course of exercising the powers established by regulations that are included in the document records of the said institutions, enterprises and agencies.  35. “Satellite television” means television programme broadcasting and/or re-broadcasting by an artificial Earth satellite (satellites). 36. “Satellite radio” means radio programme broadcasting and/or re-broadcasting by an artificial Earth satellite (satellites). 37. “Surreptitious advertising” means information disseminated in any form and by any means about a producer of goods or a provider of services, the name or activities or trade mark thereof, presented in such a form that consumers might fail to understand that it is advertising or they might be mistaken as to the actual aim of such advertising.  Such presentation of information is considered to be surreptitious advertising in all cases when it is paid for or otherwise remunerated. 38. “Information of pornographic nature” means information when an actual or simulated sexual intercourse, genitalia, defecation, masturbation or paraphilias (paedophilia, sadism, masochism, zoophilia, necrophilia, etc.) are depicted openly and in detail, this being the main purpose of such information. 39. “Private information” means information about the personal and family life of a person, his personal health, etc. not to be made public on the basis of ensuring the protection of a person’s right to privacy.  40. “Private life” means personal and family life of a person, his residential surroundings consisting of a person’s dwelling, with its private territory and other private premises, which a person uses for his economic, commercial or professional activities, as well as mental and physical inviolability of a person, a person’s honour and reputation, secret personal facts, a person’s photographs or other images, personal health information, private correspondence or other communications, personal views, convictions, habits and other data which are allowed to be used only with his consent. 41. “Radio frequency (channel)” means a radio frequency band necessary for the transmission of at least one programme. 42. “Radio programme” (hereinafter referred to as a “programme”) means separate audio works (broadcasts, advertising, announcements, broadcasting of various events, etc.) as a whole that are independent in their content, structure and broadcasting time and that are transmitted to the public by any technical means. 43. “Radio station” means a technical complex comprised of radio transmitters together with antennae and other technical equipment intended for broadcasting, re-broadcasting or transmitting programmes. 44. “Regional newspaper” means a newspaper which is circulated in the territories of counties of the Republic of Lithuania and which has at least 90 % of its circulation distributed within the territory of a single county. 45. “Regional broadcaster” means a broadcaster whose programme broadcast by a terrestrial television or radio network is received within a territory where the Lithuanian population accounts for less than 60 % of inhabitants.  46. “Advertising” means information disseminated in any form and by any means, for payment or other remuneration, in the interests of an advertiser, relating to a person’s economic, commercial, financial or professional activities, which promotes the purchase of goods or use of services, including the purchase of immovable property and takeover of property rights and obligations.  An article or broadcast, produced and/or made public not on commission of a producer of public information, who disseminates this information for payment or other remuneration, shall also be considered advertising. 47. “Sponsorship” means financial or other material assistance provided to a producer and/or disseminator of public information by a person not engaged in the activities of the sponsored public information producer and/or disseminator with a view to promoting his own name, trade mark, image, activities or his products. 48. “Re-broadcasting” means the reception of complete programmes or parts thereof broadcast to the public and the simultaneous transmission thereof unchanged by any technical means. 49. “Re-broadcasting licence” means a written document issued by the Radio and Television Commission of Lithuania granting its holder the right to engage in programme re-broadcasting activity within a defined territory and laying down the conditions for such re-broadcasting. 50. “Re-broadcaster” means a person holding a re-broadcasting licence or, in cases specified by the law, not holding such a licence, who re-broadcasts complete and unchanged programmes or separate parts thereof broadcast to the public and assumes responsibility for the legality of such re-broadcasting. 51. “Transmission” means the sphere of electronic communications activity related to the broadcasting and/or re-broadcasting of programmes, which encompasses the transmission of electromagnetic signals by electronic communications networks to terminal equipment. 52. “Information of violent nature” means information which portrays in detail the killing, mutilation or torture of people or animals or any other conduct directed against a human being or any other living creature, which inflicts pain, causes discomfort or any other damage (physical, psychological, material) as well as vandalism and/or positive assessment and incitement of violence, cruelty or indulgence in such acts. 53. “Television programme” (hereinafter referred to as a “programme”) means separate audio and audiovisual works (broadcasts, films, advertising, announcements, broadcasting of various events, etc.) as a whole that are independent in their content, structure and broadcasting time and that are transmitted to the public by any technical  means. 54. “Television station” means a technical complex comprised of television transmitters together with antennae and other technical equipment intended for broadcasting, re-broadcasting or transmitting programmes. 55. “Teleshopping” means direct offers of an advertiser to purchase goods or use services, broadcast by television for a certain payment, including offers to purchase immovable property, property rights and obligations. 56. “Teleshopping window” means an uninterrupted television broadcast, of at least 15 minutes, intended for broadcasting of teleshopping advertisements, broadcast in television programmes that are not exclusively intended for teleshopping.   57. “Broadcasting” means the production of programmes and their initial transmission to the public by any type of terrestrial transmitter, cable, satellite or any other electronic communications network.   Broadcasting does not include transmission services where items of information (telecopying, electronic data banks, etc.) or other messages are provided upon an individual request from a service recipient. 58. “Broadcasting licence” means a written document issued by the Radio and Television Commission of Lithuania granting its holder the right to engage in programme broadcasting activity within a defined territory and laying down the conditions for such broadcasting. 59. “Broadcaster” means a person holding a broadcasting licence or, in cases specified by the law, not holding a broadcasting licence, who assumes editorial responsibility for the programmes broadcast, who creates, produces and transmits them to the public or allows another person to transmit them unchanged.  60. “Public person” means a state politician, a judge, a state or municipal official, a head of a political party and/or association, who, due to the office held or the character of his work, constantly participates in state or public activities, or any other person, provided that he has public administration powers or administers the provision of public services, or if his permanent activities are of relevance to public affairs. 61. “Public information” means information intended for public dissemination, except for the information referred to in paragraph 39 of this Article and information which cannot be made public under the laws of the Republic of Lithuania. 62. “Producer of public information” means a broadcaster, a publishing house, a film, sound or video studio, information or advertising agency, an editorial office, a manager of the information society media or any other person engaged in the production or presentation for dissemination of public information. 63. “Disseminator of public information” means a broadcaster, a re-broadcaster, a manager of the information society media or any other person who sells or, by any other means, disseminates public information to the public and who is responsible for the lawfulness of such information. 64. “Local newspaper” means a newspaper, which is circulated within the territory of the municipality of one city or region, where not less than 90 % of its circulation is distributed within the territory of the municipality of one city or region. 65. “Local broadcaster” means a broadcaster whose programme is broadcast by one radio or television station. 66. “Provision of information to the public” means provision of public information to the public. 67. “The Media” means newspapers, journals, bulletins or other publications, books, television and radio programmes, film or other sound and visual studio productions, the information society media and other means of public dissemination of information.  In accordance with this Law, official, technical and service documents as well as securities shall not be attributed to the media. 68. “Addiction” means alcohol abuse, use of narcotic, toxic, psychotropic and other substances, which cause psychological dependence, as well as psychological dependence on gaming.  69. “News” means facts or factual (correct) data published by the media. 70. “Newscast” means an integral part of a programme, consisting of information about politics, economy, culture, sports, weather and other fields, relevant to the public. 71. “Magazine” means an illustrated information publication bound with covers, which is circulated periodically (weekly, monthly, quarterly, etc.), aimed at a variety of readers, publishing articles of various genres. 72. “Journalist” means a natural person who, on a professional basis, collects, prepares and presents materials to the producer of public information under a contract with the producer and/or is a member of a professional journalists’ association. Article 3.  Basic Principles of Provision of Information to the Public 1. In the Republic of Lithuania, freedom of information is enshrined in the Constitution, this and other laws and international treaties of the Republic of Lithuania. 2. Producers and disseminators of public information as well as journalists and publishers in their activities shall be governed by the Constitution and laws, international treaties of the Republic of Lithuania, also by the principles of humanism, equality, tolerance and respect for each individual; they shall respect the freedom of speech, creativity, religion, conscience, freedom of opinion and expression, adhere to the norms of professional ethics and the provisions of the  Code of Ethics of Lithuanian Journalists and Publishers, contribute to  the development of democracy and public openness, promote civil society and state progress, enhance state independence and nurture the state language, national culture and morality. 3. Public information must be presented in the media fairly, accurately and in an unbiased manner.  4. The use of freedom of information may be restricted by the requirements, conditions, restrictions or penalties set out in the laws and necessary in a democratic society to protect Lithuania’s state security, its territorial integrity, public order and constitutional system, to guarantee the impartiality of its judicial authority in order to prevent violations of the law and crimes, disclosure of confidential information and to protect people’s health and morality as well as their privacy, dignity and other rights. 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 collect, obtain and disseminate information and ideas.  The right to collect, obtain and disseminate information may not be restricted otherwise than under the law, where it is necessary to protect the constitutional system, people’s health, honour, dignity, privacy and morality. 2. Unrestricted reception and re-broadcasting of television programmes from EU Member States and other European countries which have ratified the Council of Europe Convention on Transfrontier Television, broadcast in accordance with the requirements laid down in international treaties of the Republic of Lithuania, shall be guaranteed in the Republic of Lithuania. Article 5.  Right to Collect and Publish Information 1. Every person shall have the right to: 1) collect information and publish it in the media; 2) not give permission to publish the information produced by him if its content has been distorted during the editorial preparation; 3) take notes, photograph, film, use audio and video technical equipment as well as other means to record information, except for the cases referred to in Article 13 of this Law; 4) publish publications or broadcasts 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 in the 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 Receive Information from State and Municipal Institutions and other laws, provide public information as well as private information held by the said institutions, except for cases specified by laws, where private information is not provided. 4. Information for the preparation whereof no collection of additional data is required shall be provided to the producers and/or disseminators of public information as well as journalists within one working day, while information for the preparation whereof additional data has to be collected shall be provided within a week. 5. State and municipal institutions and agencies as well as other budgetary institutions which have refused to provide public information to a producer of public information must, not later than on the following working day, notify the producer in writing of the reasons for refusal to provide information. 6. Public information of state and municipal institutions and agencies shall be free of charge.  These institutions may charge only for the services involving information retrieval and duplication (copying) of information or documents.  The payment may not exceed the actual costs of providing information. 7. Other institutions and enterprises as well as political parties, political organisations, trade unions, associations and other organisations shall provide  producers of public information and other persons with public information relating to their activities in accordance with the procedure established in the articles of association (regulations) of these institutions, enterprises or organisations. Article 7.  Restrictions on Information Editing In order to ensure freedom of information, it shall be prohibited to exert pressure on the producer or disseminator of public information, their participants or journalists, compelling them to present false and biased information in the media. Article 8.  Confidentiality of the Source of Information Producers or disseminators of public information, their participants and journalists shall have the right to maintain the confidentiality of the source of information and not to disclose it, except for the cases where, by a court decision, it is necessary to disclose the source of information for vitally important or otherwise significant public interests, also in order to ensure the protection of constitutional rights and freedoms of a person and administration of justice. Article 9.  Right to Public Criticism of the Activities of State and Municipal Institutions and Agencies as well as Officials Every person shall have the right to publicly criticise the activities of state and municipal institutions and agencies as well as officials.  Persecution for criticism shall be prohibited in the Republic of Lithuania. Article 10.  Prohibition to Impose Illegal Restrictions on Freedom of Information Censorship of public information shall be prohibited in the Republic of Lithuania Any action whereby an attempt is made to control the content of the information to be published in the media before it is published, with the exception of the cases provided for by laws, shall be prohibited. Article 11.  Right to Protect Freedom of Information 1. Every person shall have the right to appeal in court against the decisions and actions of state and municipal institutions and agencies as well as officials should they violate or illegally restrict a person’s right to obtain, collect or disseminate information.  2. It shall be prohibited to persecute producers or disseminators of public information, their participants or journalists for the information published if there has been no violation of law in producing or disseminating such information. Article 12.  Accreditation of Journalists 1. The producer and/or disseminator of public information shall have the right to accredit their journalists to state institutions, political parties, political organisations and associations as well as to other institutions by agreement between the parties. 2. A journalist may take part in meetings and other events of the institution or organisation he is accredited to; he shall be provided with verbatim reports, minutes and other documents or copies thereof subject to the conditions established by mutual agreement. 3. Journalists from other states accredited to the Ministry of Foreign Affairs 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 Personal Rights, Honour and Dignity 1. To avoid violation of personal rights and to protect human honour and dignity, while collecting and publishing information it shall be prohibited: 1) to film, photograph, make audio and video recordings without a person’s consent within the residential premises of a natural person, the private domain of a natural person and a fenced or otherwise clearly marked territory belonging thereto, regardless of whether that person is present in the aforementioned places; 2) to film, photograph or make audio and video recordings during non-public events without the consent of organisers who have the right to hold such events; 3) to film and photograph a person and use his image for advertising purposes in the media without the consent of that person; 4) to film and photograph a person with evident physical handicaps without that person’s consent or to film and photograph a person in a helpless state because of an illness; 5) to film or photograph a child or to make audio and video recordings of him without the consent of at least one of the parents, guardians or custodians and the child himself.  It shall be prohibited to use photographs, audio or video recordings of children in the information of erotic, pornographic and violent nature; 6) to film or photograph close ups of a deceased or casualty without the consent of the family members of the deceased or casualty or to make video recordings of him. 2. Prohibitions specified in paragraph 1 of this Article shall not apply where violations of law are recorded and in cases specified in paragraph 3 of Article 14 of this Law. Article 14.  Protection of Privacy 1. When producing and disseminating public information, a person’s right to the protection of information of private nature must be ensured. 2. Information about a person’s private life may be published only with the consent of that person, except for the cases specified in paragraph 3 of this Article. 3. Information relating to private life may be published without a person’s consent in cases where the publication of such information assists in revealing violations of law or criminal acts, also where such information is presented at the open court proceedings.  In addition, information about the private life of a public person may be published without his consent where such information discloses the circumstances of the aforementioned person’s private life or his personal characteristics which are of public significance. Article 15.  Right of Reply Any natural person whose honour and dignity have been degraded by false, inaccurate or biased information published about him in the media, also any legal person whose professional reputation or other legitimate interests have been damaged by information which is false, inaccurate or biased shall have the right of reply, denying the false information or correcting the published information, or shall have the right to demand that the producer and/or disseminator of public information issue a refutation of false information in accordance with the procedure established in Article 44 of this Law. Article 16. Ensuring Diversity of Opinion in the Media 1. Respecting the diversity of opinion, the producers and disseminators of public information must present in the media as many as possible opinions that are independent of each other. 2. When publishing the results of public opinion surveys, the performers of the 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 ensure in accordance with the procedure established by the law that minors are protected from public information which might have a detrimental effect on their physical, mental or moral development, in particular public information that involves the dissemination of information of pornographic and/or violent nature or information encouraging addictions. 2. The criteria for ascribing public information to information which has a detrimental effect on the physical, mental or moral development of minors shall be established in the Republic of Lithuania Law on the Protection of Minors against the Detrimental Effect of Public Information. 3. Control over information, which is not to be published and the procedure for publishing restricted public information shall be established by the Government. Article 18. Information not to be Furnished 1. State and municipal institutions and agencies as well as other bodies, enterprises and organisations shall not furnish information to producers and/or disseminators of public information as well as other persons if the information is defined by the law as a state, official, professional, commercial or bank secret or if it is information of private nature. 2. Information the provision whereof is prohibited by other laws because it would adversely effect the interests of state security and defence as well as criminal prosecution of persons, promote violation of the territorial integrity of a state or public order or where failure to provide such information would prevent violations of law or would be of great importance to the human health protection shall also not to be furnished. 3. A refusal to furnish the requested information shall be given to a person in writing in accordance with the procedure established by the law, specifying the reasons for refusal to provide 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 sex, sexual orientation, race, nationality, language, descent, social status, religion, convictions or views; 4) disseminates, promotes or advertises pornography also propagates and/or advertises sexual services and paraphilias; 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 human dignity and honour.   3. It shall be prohibited to disseminate information which violates the presumption of innocence and which impedes the impartiality of judicial authorities.   4. The Government shall establish the procedure for dissemination of press publications, audio, audiovisual works, radio and television programmes, information disseminated through the information society media and other public information ascribed to information of erotic, pornographic or violent nature or other restricted public information. Article 20. Duty to Publish Official State Announcements 1. In case of natural disasters, major accidents or epidemics as well as in the event of war or state of emergency, the producers and disseminators of public information must, in cases specified by law and/or the Government and according to the procedure established thereby, publish official state announcements effectively and free of charge. 2. In the event of war or state of emergency, the Seimas may, by a law, set restrictions and/or other obligations on the producers and disseminators of public information that are necessary to protect the interests of citizens and the public. 3. Refusal to publish official state announcements in cases specified in paragraph 1 of this Article shall incur liability in accordance with the procedure established by the law. Article 21. Protection of Copyright and Related Rights Public information producers, disseminators and journalists shall use literary, scientific, artistic and other works in conformity with the Law on Copyright and Related Rights as well as other laws and legal acts. CHAPTER IV LEGAL STATUS AND CONDITIONS OF ACTIVITY OF PRODUCERS AND DISSEMINATORS OF PUBLIC INFORMATION, THEIR PARTICIPANTS AND JOURNALISTS SECTION ONE REGULATION OF THE Status of Producers and Disseminators of Public Information AND JOURNALISTS Article 22. Producers and Disseminators of Public Information and Their Participants 1. Relations between the producers, disseminators of public information and their participants shall be governed by this and other laws, legal acts and agreements between parties. 2. Only legal persons and branches of foreign legal persons or other organisations that are registered in the Republic of Lithuania in accordance with the procedure established by the law may be public information producers and/or disseminators, with the exception of managers of the information society media.  Any persons of the Republic of Lithuania and of a foreign country may be participants of producers and/or disseminators of public information, except for cases specified in this and other laws.   3. Upon selling or otherwise transferring at least 10 % of the broadcaster’s or re-broadcaster’s shares (interests, member shares), a licence holder must, within 30 days of the transfer of property rights, inform thereof the Radio and Television Commission of Lithuania (hereinafter referred to as the “Commission”). 4. Where after having sold or otherwise transferred the shares (interests, member shares) of a broadcaster and/or re-broadcaster holding a broadcasting or re-broadcasting licence there is a change of the owner (owners) of the majority holding or where the control (management) of a licence holder is transferred to another person (persons) on other grounds, the persons intending to transfer and acquire the shares (interests, member shares) and/or control (management) must obtain a written consent of the Commission. 5. The Commission may refuse to give its consent for the transfer of a broadcaster’s and/or re-broadcaster’s shares (interests, member shares) and/or its control (management) if: 1) persons who intend to transfer and acquire a broadcaster’s and/or re-broadcaster’s shares (interests, member shares) and/or its control (management) have not submitted the data required by the Commission or have submitted incorrect data; 2) persons who intend to transfer and acquire a broadcaster’s and/or re-broadcaster’s shares (interests, member shares) and/or its control (management) are prohibited, in cases provided for by the law, from being participants of the producers and/or disseminators of public information; 3) concentration takes place as a result of the transfer and acquisition of a broadcaster’s and/or re-broadcaster’s shares (interests, member shares) and/or its control (management) and the Competition Council has not issued a relevant permission where such permission is required under the Law on Competition. 6. State and municipal institutions and agencies (except for scientific and educational establishments), banks and political parties may not be the producers of public information and/or their participants, however, they may publish non-periodical informational publications, have the information society media, intended to inform the public of their activities, unless specified otherwise by the law. 7. Every producer of public information or a participant thereof must appoint a person (editor-in-chief, editor, broadcast host) responsible for the content of the media.  Where a producer of public information and a participant thereof is one and the same natural person, he shall bear responsibility for the content of his media. 8. Producers of public information: 1) when disseminating information to the public, may not distort correct and unbiased information and opinions, and use this for sordid purposes.   Public information shall not be compatible with journalistic campaigns, held according to preconceptions or satisfying group or political interests; 2) must be objective and unbiased, to provide as many opinions as possible on controversial issues related to politics, economics and other areas of public life; 3) while recording various public  actions – meetings, marches, strikes, pickets, etc.  – may not instigate to take illegal or desperate actions; 4) may not publish unfounded, unchecked accusations which are not based on facts; 5) must protect and respect the human right to privacy in the event of death or disease, must not mention personal data when announcing news about suicides or suicide attempts; 6) may not promote or attractively depict smoking, drinking or use of narcotic drugs;   Depiction of smoking, drinking or drug addiction shall be justified only as a context when seeking authenticity; 7) may not disseminate biased and partial information about religion, may not discriminate against other religions; 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 exception of cases where such information is presented for entertainment or as a research object.  They may not create an impression that astrologers, chiromancers, clairvoyants and bioenergetics specialists can provide advice on the future, health, money, etc. Article 23.  Journalists and Their Relations with Producers and Disseminators of Public Information 1. A producer of public information must have its rules of procedure and/or internal code of ethics.  At least one of these documents approved by the producer of public information must establish the rights, duties, responsibility and official relations of journalists as well as the protection of journalists against possible restrictions of their rights. 2. Regardless of whether a journalist is connected to a producer of public information by employment relations, a producer of public information must agree with a journalist in writing as to the use of the journalist’s copyrighted work.  Such agreement shall also be considered a collective agreement drawn up between a producer of public information or an organization representing him and journalists or an organisation representing them, which lays down the conditions of use of copyrighted works of journalists.  If a producer of public information who uses a copyrighted work of a journalist has not agreed upon it with the journalist in writing and is not a party to a collective agreement, the producer of public information shall not be exempt from an obligation to remunerate fairly for the used copyrighted work of the journalist. 3. The professional and legal status of journalists and their social guarantees shall be laid down in this and other laws of the Republic of Lithuania. Article 24.  Data on Participants of Local, Regional and National Newspapers and Magazines and the Information Society Media 1. Editorial offices of local, regional and national newspapers, magazines and the information society media, with the exception of those referred to in paragraph 6 of Article 22 of this Law, must, by March 30th  each year, submit to an institution authorised by the Government in the field of provision of information to the public (hereinafter referred to as the “institution authorised by the Government”) in accordance with the procedure established by the aforementioned institution the data regarding the shareholders or stakeholders of an enterprise who have the right of ownership to or control at least 10 % of all the shares or assets (where the assets are not share-based).  The data must include the names and surnames (names) of such shareholders or stakeholders, their personal numbers (registration numbers), the stake held in the assets or the number of shares as well as the percentage of votes.  The aforementioned producers and disseminators of public information must, by March 30th each year, submit to the institution authorised by the Government in accordance with the procedure established by this institution information about its administrative bodies, their members and information about property relations and/or joint activity linking them with other producers and/or disseminators of public information and/or the participants therein.  The institution authorised by the Government must, by May 15th of the same year and in accordance with its prescribed procedure, publish the data submitted by the editorial offices of town or district, regional or national level newspapers, magazines and the information society media in the supplement Informaciniai Pranešimai to the official gazette Valstybės Žinios. 2. The President of the Republic, Members of the Government, Seimas and municipal councils, civil servants of political (personal) confidence as well as heads of state and municipal institutions and agencies must publish the data about their participation in local, regional or national newspapers, magazines and the information society media in the supplement Informaciniai Pranešimai to the official gazette Valstybės Žinios in accordance with the procedure established by the institution authorised by the Government. 3. Public information producers or disseminators and journalists must publish in their media information about any sponsorship received if it exceeds the amount of one minimum wage, specifying the amount and provider of the sponsorship.  4. Failure to submit information referred to in paragraph 1 of this Article and publish information referred to in paragraph 2 of this Article shall incur liability in accordance with the procedure established by the law. 5. Duties referred to in paragraphs 1 and 2 of this Article shall apply only to the information society media whose manager is a legal person. Article 25. Broadcasters Falling Under the Jurisdiction of the Republic of Lithuania 1. A broadcaster shall be considered to fall under the jurisdiction of the Republic of Lithuania if it meets at least one of the following conditions: 1) its head office is located in Lithuania and its editorial decisions concerning the programmes broadcast are taken in Lithuania; 2) its head office is located in Lithuania, while editorial decisions concerning the programmes broadcast are taken in another EU Member State, however the majority of the broadcaster’s staff engaged in broadcasting activity is located in Lithuania; 3) its head office is located in another EU Member State, while editorial decisions are taken in Lithuania and the majority of the broadcaster’s staff engaged in broadcasting activity is located in Lithuania; 4) a large number of the broadcaster’s staff engaged in broadcasting activity is located both in Lithuania and another EU Member State, while its head office is located in Lithuania; 5) its head office is located in Lithuania, while editorial decisions concerning the programmes broadcast are taken in another EU Member State or vice versa and the majority of the broadcaster’s staff engaged in broadcasting activity is not located in either of these states, however the broadcaster started its activities in accordance with the laws of the Republic of Lithuania and maintains permanent economic relations in Lithuania; 6) its head office is located in Lithuania, while editorial decisions concerning the programmes broadcast are taken in a state other than an EU Member State or vice versa and the majority of the broadcaster’s staff engaged in broadcasting activity is located in Lithuania. 2. A broadcaster who does not meet any of the conditions specified in paragraph 1 of this Article and who does not fall under the jurisdiction of an EU Member State or any other state which is a party to the Council of Europe Convention on Transfrontier Television shall fall under the jurisdiction of the Republic of Lithuania if it meets the following conditions:  1) the broadcaster uses a channel (radio frequency) belonging to the State of Lithuania; 2) the broadcaster uses the resources of a communications satellite  provided by the State of Lithuania; 3) the broadcaster does not use a channel (radio frequency) belonging to the State of Lithuania or the resources of a communications satellite provided by the State of Lithuania, however, it uses a terrestrial station located in Lithuania, which has an uplink to the communications satellite. 3. The jurisdiction of the Republic of Lithuania may also apply to the broadcasters who are not specified in paragraphs 1 and 2 of this Article, if their activities pose a threat to Lithuania’s national security interests, public order, public health protection, public security, consumer protection, where competent authorities of the states, under the jurisdiction of which the said broadcasters fall, have not taken measures to prevent such activities upon an official appeal from the appropriate institutions of Lithuania. Article 26. Dissemination of Public Information 1. Information shall be disseminated to the public by the producer of public information himself or another person under a contract with the producer of public information or with the permission thereof. 2. It shall be permitted to disseminate the media produced abroad in the Republic of Lithuania if the content thereof does not contradict the provisions of this Law and other laws and international treaties of the Republic of Lithuania.  It shall be permitted to broadcast and re-broadcast television programmes produced abroad in the Republic of Lithuania without prejudice to the provisions of this Law and other laws. 3. Free re-broadcasting in the Republic of Lithuania of radio and/or television programmes produced abroad may be suspended if: 1) 1) information, which is not to be published and is prohibited pursuant to paragraphs 1 and 2 of Article 19 of this Law, is disseminated in a programme (or part thereof) produced abroad; 2) 2) the disseminated information violates the provisions of this Law as well as the requirements of the international treaties of the Republic of Lithuania regarding the protection of minors against the detrimental effect of public information on their physical, mental or moral development; 3) 3) the disseminated information violates other provisions of this Law as well as the requirements of the international treaties of the Republic of Lithuania which apply to broadcast programmes intended for the public of a recipient state, and if a recipient state notified in writing a broadcaster and/or re-broadcaster distributing a programme about an observed violation and the said broadcaster and/or re-broadcaster has not eliminated the violation within 15 days from the notification, or has committed at least two similar violations within the last 12 months.   4. The Commission shall take a decision concerning suspension of re-broadcasting in the Republic of Lithuania of a programme produced abroad and fix a specific date on which suspension of re-broadcasting of the programme in the Republic of Lithuania begins.  A re-broadcaster must suspend re-broadcasting of the programme from the date indicated in the decision of the Commission. Article 27.  State Support to Public Information Producers 1. The State shall support cultural and educational projects of public information producers.  State financial support shall be provided to public information producers by tender and, except for the support specified in paragraph 2 of this Article, shall be provided through the public agency Media Support Foundation hereinafter referred to as the “Foundation”).  Each year the Seimas shall allocate funds from the State budget to the Foundation. State institutions and agencies may not provide financial support or in essence equivalent support to public information producers. 2. Financial support from the State budget for the publication of books and the production of works distributed on audiovisual media, also for the production of feature films shall be provided through the Ministry of Culture and the Ministry of Education and Science on the recommendation of expert commissions operating under the aforementioned ministries. The Law shall be supplemented with Article 271 as of 1 January 2009: Article 271. State Support to Providers of Newspaper Delivery Services 1. The State shall support the provision of delivery services of national, regional and local newspapers (collection, distribution and supply) to subscribers (hereinafter referred to as “newspaper delivery services”).   State financial support shall be assigned to providers of newspaper delivery services to partly cover the costs of delivery of national, regional and local newspapers incurred by them and shall be provided in accordance with the procedure established by the Government or an institution authorized by it.  The providers of newspaper delivery services may be reimbursed up to 30 per cent of the costs of delivery of national, regional and local newspapers incurred. 2. State financial support for the provision of newspaper delivery services shall be assigned by tender through the Foundation. Article 28.  Media Support Foundation 1. The Foundation shall operate in conformity with the Law on Public Institutions, this Law and other laws as well as its Articles of Association.  The participants of the Foundation may, in accordance with its Articles of Association, be associations of artists, organisations of public information producers as well as other organisations and institutions that shape a cultural and educational policy, and are engaged in cultural and/or educational activities.  The Articles of Association of the Foundation must provide for the procedure of admission of new participants. 2. The Council of the Foundation shall be in charge of its activity.  The Council shall consist of 11 members. They shall be elected for each term of office by a general meeting of the participants of the Foundation.  A term of office of a member of the Council shall last two years.  The same person may not hold the office of a member of the Council for more than two consecutive terms of office. The Council of the Foundation shall be headed by the chairman of the Council.  He shall be elected by the Council of the Foundation from its members for a term of office of the Council.  Decisions of the Council of the Foundation shall be adopted by a simple majority vote of all members of the Council; in the event of a tie vote, the chairman of the Council shall have the casting vote.  The Council shall operate in compliance with the rules of procedure approved by it. The Council of the Foundation shall take decisions regarding the results of tenders on the basis of the conclusions presented by expert groups.  Expert groups shall be formed and operate in accordance with regulations approved by the Council. 3. Sources of funding of the Foundation: 1) state subsidies; 2) funds contributed by legal or natural persons; 3) licence fees of broadcasters and re-broadcasters registered in the Republic of Lithuania; 4) interest on the funds of the Foundation kept in banks; 5) other legally obtained funds. 4. The Foundation shall, in accordance with a separate estimate, allocate funds to the Ethics Commission of Journalists and Publishers for the performance of functions established by laws. Version of paragraphs 5, 6 and 7 before 1 January 2009: 5. The Foundation shall, by tender, support cultural and educational projects of producers of public information according to the following six programmes: 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) Internet media (the information society media); 6) cultural education of children and youth. 6. The general provisions for tenders, drawn up by the Council of the Foundation, which reflect the proportions of programmes and financing, and which have been coordinated at a joint meeting of the Seimas Committee on Education, Science and Culture and the Seimas Committee on the Development of Information Society shall be approved by the Government. 7. The Foundation shall, each year, publish in the press its annual activity report, while the chairman of the Council shall each year present at a plenary meeting of the Seimas an annual report on the allocation and utilization of the funds received from the budget. As of 1 January 2009, the Article shall be supplemented with paragraph 5; paragraphs 5, 6 and 7 shall be renumbered as paragraphs 6, 7 and 8 respectively: 5. The Foundation shall, by tender, select providers of newspaper delivery services and shall assign the funds of the Foundation to partly reimburse the costs of newspaper delivery incurred by them. 6. The Foundation shall, by tender, support cultural and educational projects of producers of public information according to the following six programmes: 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) Internet media (the information society media); 6) cultural education of children and youth. 7. The general provisions for tenders, drawn up by the Council of the Foundation, which reflect the proportions of programmes and financing, and which have been coordinated at a joint meeting of the Seimas Committee on Education, Science and Culture and the Seimas Committee on the Development of Information Society shall be approved by the Government. 8. The Foundation shall each year publish in the press its annual activity report, while the chairman of the Council shall each year present at a plenary meeting of the Seimas an annual report on the allocation and utilization 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 the producers and disseminators of public information, except for the producers and/or disseminators of productions of violent and erotic nature.  In accordance with the procedure established by this and other laws, State and municipal institutions shall exercise control with a view to upholding pluralism in the provision of information to the public and fair competition, avoiding the abuse of a dominant position by producers and/or disseminators of public information or in any separate media market.  A dominant position in the field of provision of information to the public shall be determined in conformity with this Law and the Law of Competition. 3. Restrictions provided for in this and other laws or legal acts shall apply to the producers and/or disseminators of public information which is of violent and erotic nature. Article 30.  Lithuanian National Radio and Television The Lithuanian National Radio and Television (hereinafter referred to as the “LRT”) is a non-profit public establishment belonging to the State by the right of ownership and operating in accordance with this Law and the Law on the National Radio and Television of Lithuania.  Article 31.  Licensing of Broadcasting and Re-broadcasting Activities 1. Broadcasting and re-broadcasting activities in the Republic of Lithuania, except for the broadcasting of radio programmes though electronic communications networks the main purpose of which is not programme broadcasting and/or re-broadcasting, as well as the broadcasting carried out by natural persons for non-commercial purposes through such networks and the broadcasting and re-broadcasting activities carried out by the LRT, shall be licensed.  Persons who wish to engage in broadcasting and/or re-broadcasting activities must obtain a broadcasting/re-broadcasting licence.  Broadcasting and re-broadcasting licences granting the right to establish and operate own electronic communications networks, the right to use own electronic communications networks for broadcasting and/or re-broadcasting of programmes, or the right to use the transmission services provided by a third party shall be issued by the Commission.   2. The Communications Regulatory Authority shall submit to the Commission information about coordinated radio frequencies (channels) which, according to the Strategic Plan for the Assignm …