Official Translation

Official Translation Official translation REPUBLIC OF LITHUANIA LAW ON PROVISION OF INFORMATION TO THE PUBLIC 2 July 1996 No. I-1418 Vilnius (Revised version on 11 July 2006 – No X-752) CHAPTER I GENERAL PROVISIONS ARTICLE 1. Purpose of the Law This Law shall establish the procedure for collecting, preparing, publishing and disseminating public information and the rights, duties and liabilities of public information producers, disseminators, participants therein, journalists and institutions governing their activities. 2. This Law has the objective of ensuring the application of European Union legal acts referred to 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 abasing person’s honour and dignity, violating his private life, and damaging his professional reputation. 8. “Personal health information” means information as defined in laws of the Republic of Lithuania concerning the health of a person. 9. “Person” means a natural, legal person and branches of enterprises established in the Member States of the European Union and other states – parties to the European Economic Area Agreement. 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 governing the activities of the audiovisual sector, the coordination 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 that are comprised of a series of interrelated images expressing a 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 a actual or simulated sexual intercourse or any other sexual satisfaction, 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 media. 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 any Information Society service, including a representative office of branch of a foreign legal person. 22. “Cable television” means the broadcasting and/or re-broadcasting of 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 programmes to the terminal equipment. 24. “Cable radio” means the broadcasting and/or re-broadcasting of 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 programmes to the terminal equipment. 26. “Broadcast” means a separate part of a programme, usually having its own name, broadcasting time, author(s) and host(s). 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 distributed within a territory inhabited by more than 60 % of Lithuania’s population. 31.  “National broadcaster” means a broadcaster, whose programme broadcast by a terrestrial radio or television network is received within a territory inhabited by more than 60 % of Lithuania’s population. 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 virtue of an employment, service relationship or joint activity, producing audiovisual works and selling them freely or transferring them otherwise. 33. “Opinion” means a published in the media view, understanding, perception, notion, idea 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. An opinion may be based on facts, sound arguments and usually it is subjective, therefore, the criteria of truth and accuracy do not apply to it, however, it must be expressed by fair and ethical means, without deliberately concealing or 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 that are included in the document records of the said institutions, enterprises and agencies, and that are produced, approved or received by them. 35. “Satellite television” means programme broadcasting and/or re-broadcasting by an artificial Earth satellite (satellites). 36. “Satellite radio” means 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, activities or trade mark thereof, presented in a form that consumers might fail to understand it being an advertising or that might mislead consumers as to the actual aim of such advertising. Such presentation of information is considered to be surreptitious advertising in all cases when it is done in return for payment or for similar consideration. 38. “Information of pornographic nature” means information when an actual or simulated sexual intercourse, genitalia, defecation, masturbation or paraphilias (paedophilia, sadism, zoophilia, necrophilia, etc.) are openly and graphically depicted and this is the main purpose of such information. 39. “Private information” means information about the personal and family life of a person, his personal health and other information not to be published on the basis of the protection of a person’s right to privacy. 40. “Private life” means personal and family life of a person, habitat consisting of person’s dwelling, private territory and other private premises belonging to it, which a person uses for his economic, commercial or professional activities, as well as mental and physical inviolability of a person, honour and reputation, secret personal facts, person’s photographs or other images, person’s health information, private correspondence or other communications, person’s attitudes, convictions, habits and other data which are allowed to be used only with his consent. 41. “Radio frequency (channel)” means a frequency band required for the transmission of at least one programme. 42. “Radio programme” (hereinafter referred to as a “programme”) means the total entity of separate audio works (broadcasts, advertising, announcements, broadcasting of various events, etc.) that are independent in their content, structure and broadcasting time and that are transmitted to the public, irrespective of the technical means employed. 43. “Radio station” means a technical complex comprised of radio transmitters together with antennae and other technical equipment intended for broadcasting, re-broadcasting and transmitting of 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 radio or television network is received within a territory inhabited by more than 60 % of Lithuania’s population. 46. “Advertising” means information disseminated in any form and by any means for the interests of an advertiser in connection with a person’s economic, commercial, financial or professional activity in order to promote the purchase of goods or supply of services, including the purchase of immovable property and the transfer of property rights and obligations.  Articles, a broadcast, produced and/or announced not on behalf of a producer of public information, who disseminates this information for payment or for similar consideration. 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 such sponsored public information producer and/or disseminator with a view to promoting its name, its trade mark, its image, its activities or its products. 48. “Re-broadcasting” means the reception of complete programmes, or parts thereof broadcast by broadcasters to the public and the simultaneous transmission of such unchanged programmes, irrespective of the technical means employed. 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 having a re-broadcasting licence or, in cases specified by the law, not having such a licence, who re-broadcasts complete and unchanged programmes, or separate parts thereof, broadcast to the public and assumes responsibility for their legality. 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 an electronic communications network to terminal equipment. 52. “Information that involves violence” means information which shows in detail killing, crippling, torturing of people, animals or any conduct directed against a human being or any other living creature, which inflicts pain, discomfort or causes any other damage (physical, psychological, material), as well as vandalism and/or positively rates, incites violence, cruelty or indulgence in such acts. 53. “Television programme” (hereinafter referred to as a “programme”) means the total entity of separate audio, audiovisual works (broadcasts, films, advertisements, announcements, broadcasting of various events, etc.) that are independent in their content, structure and broadcasting time and that are transmitted to the public, irrespective of the technical means employed. 54. “Television station” means a technical complex comprised of television transmitters together with antennae and other technical equipment intended for broadcasting, re-broadcasting and transmitting of programmes. 55. “Teleshopping” means direct offers of an advertising client broadcast by television with a view to the purchase goods or supply of services, including immovable property, property rights and obligations, in return for payment. 56. “Teleshopping window” means an uninterrupted television broadcast, of at least 15 minutes dedicated to broadcasting of teleshopping advertisements broadcast in television programmes that are not exclusively dedicated  to  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. It does not include communication services providing items of information (telecopying, electronic data banks or the like) or other messages on individual demand of 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 who possesses a broadcasting licence or, in cases specified by the law, does not possess one and who assumes editorial responsibility for the programmes broadcast, creates, produces and transmits them to the public himself 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 constantly participates in state or public activities because of the office held or the character of his work, or any other person, provided that he has public administration powers or administers provision of public services, or if his permanent activities have significance for 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 considered as public information 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 another person engaged in the production or presenting for dissemination of public information. 63. “Disseminator of public information” means a broadcaster, re-broadcaster, a manager of the Information Society media, or any other person who sells or disseminates by other means public information to the public, and who is responsible for validity of such information. 64. “Local newspaper” means a newspaper, which is distributed within the territory of a municipality of one city or region, when not less than 90 % of its circulation is distributed within the territory of a 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 office documents as well as securities are not ascribed to the media. 68. “Addiction” means alcohol abuse, use of narcotic, toxic, psychotropic and other substances, which cause psychotropic 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, topical for the public. 71. “Magazine” means an illustrated information publication bound with covers, which is published periodically (weekly, monthly, quarterly, etc.), aimed at a broad spectrum 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 the 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 shall be governed in their activities by the Constitution and laws, international treaties of the Republic of Lithuania, also by the principles of humanism, equality, tolerance, and respect for an individual person; they shall respect freedoms of speech, creativity, religion, and conscience, variety of opinion, adhere to the norms of professional ethics of journalists, support the development of democracy and public openness, promote civil society and state progress, enhance state independence and develop 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 law violations and crimes, disclosure of confidential information and protect people’s health and morality as well as their privacy, dignity and rights. 5. Persons shall be held accountable for violating the freedom of information and statutory restrictions on the use of freedom of information in accordance with the procedure established by this and other laws. 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. This right encompasses freedom to maintain one’s opinion, to seek, receive and disseminate information and ideas in accordance with the conditions and procedure set out in the laws. 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: 1) to collect information and publish it in the media; 2) not to give permission to publish the information produced by him if its content has been distorted during editorial preparation; 3) to take notes, to photograph, film, use sound and video technical equipment as well as other means of securing information, except for cases referred to in Article 13 of this Law; 4) to publish broadcasts or published works using 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 Receive Information from State and Municipal Institutions and Agencies 1. Every person shall have the right to receive 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 of 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 available to the said institutions, except for cases specified in the laws where private information is not to be divulged. 4. Information for the preparation whereof no additional data is required shall be provided to the producers and/or disseminators of public information 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 next working day notify the producer in writing about 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 accept payment only for the services involving information retrieval and the multiplication (copying) of information or documents. This payment may not exceed the actual costs of providing information. 7. Other institutions and enterprises as well as political parties, trade unions, political and public organisations, and other organisations shall provide the producers of public information and other persons with public information relating to their activity 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, disseminator of public information, their participants or journalists in compelling them to present false and biased information in the media. ARTICLE 8. Confidentiality of Information Source The producer, disseminator of public information, their participants, and the journalist shall have the right to maintain the confidentiality of the source of information and not to disclose it, with the exception of the cases where by a court decision it is necessary to disclose the source of information for vitally important or otherwise significant public reasons, also in order to ensure that the constitutional rights and freedoms of a person are protected and that justice is served. 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 shall be prohibited by which an attempt to control the content of the information to be published in the media is made, with the exception of the cases provided for by laws. ARTICLE 11. Right to Protect the Freedom of Information 1. Every person shall have the right to appeal in court against the decisions and actions of state and municipal institutions, agencies and officials should they violate or illegally restrict a person’s right to receive, collect or disseminate information. 2. It shall be prohibited to persecute the producer and disseminator of public information, their owner or a journalist 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 journalists to state institutions, political parties, political and public organisations 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 their copies subject to the conditions provided for by mutual agreement. 3. Journalists from other states accredited to the Ministry of Foreign Affairs shall have equal rights with Lithuanian journalists to collect and publish information. CHAPTER III PROTECTION OF INDIVIDUAL, PUBLIC AND STATE INTERESTS IN THE FIELD OF PROVISION OF INFORMATION TO PUBLIC ARTICLE 13. Protection of Individual Rights and Human Dignity 1. To avoid the violation of individual rights and protect human dignity and honour it shall be prohibited while collecting and publishing information: 1) to film, photograph, make sound and video recordings without a person’s consent within in the dwelling of a natural person, the private domain of a natural person and a fenced or otherwise clearly marked territory belonging thereto, regardless whether that person is or is not in the indicated place; 2) to film, photograph or make sound and video recordings during private events without the consent of organisers who have the right to hold such events; 3) to film and photograph a person or use his representation for advertising purposes without the consent of such person; 4) to film and photograph without a person’s consent a person with evident physical handicaps, or to film and photograph a person in helpless state because of illness; 5) to film, photograph a child or to make sound and video recordings without the consent of at least one of the parents, guardians or curators and a child himself. It shall be prohibited to use photographs of children in the information of erotic, pornographic and violent nature; 6) to film, photograph close ups of a decedent or casualty without the consent of the family members of the decedent or a casualty, or to make video recordings of him. 2. Prohibitions specified in paragraph 1 of this Article shall not apply where there exists a sufficient basis to assume that violations of law are being recorded. 3. Persons shall be held liable in accordance with the procedure established by this and other laws for violating the requirements set forth in this Article when collecting and publishing public information. ARTICLE 14. Protection of Privacy 1. When producing and disseminating public information, a person’s right to the protection of information of private character. 2. Information about a person’s private life may be published only with the consent of that person, except for cases referred to in paragraph 3 of this Article. 3. Information concerning private life may be published without a person’s consent in cases where the publication of such information helps to reveal violations of law or criminal acts, also where such information is presented in the examination of a case in open court proceedings. In addition, information concerning the private life of a public person may be made public without his consent if such information discloses the circumstances of the aforementioned person’s private life or personal traits 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 published information which is false, inaccurate or biased shall have the right of reply, denying false information or correcting 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 shall present in the media as many as possible opinions that are independent of one another. 2. When publishing the results of public opinion surveys, the performers of surveys must be specified and the statistical reliability of these surveys shall be indicated (by providing the survey sample and margin of error). 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 pornography and/or violence or disseminates 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 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 the producers and/or disseminators of public information as well as to other persons if the said information is defined by the laws as a state, business, professional, commercial or bank secret or if it is information of private character. 2. Also not to be furnished shall be information the provision whereof is prohibited by other laws because it would adversely effect the interests of state security and defence, foreign policy interests, criminal prosecution of persons, violate the territorial integrity of a state or public order or if failure to provide it would prevent serious violations of law or would be very important in human health protection. 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, with an indication of the reasons for refusal to provide information. ARTICLE 19. Information not to be Published 1. It shall be prohibited to publish information in the media 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, political independence; 3) instigates war or hatred, sneer, scorn, instigates discrimination, violence, harsh treatment of a group of people or a person belonging to it on the basis of gender, sexual orientation, race, nationality, language, origins, social status, religion, beliefs or standpoints; 4) disseminates, propagates or advertises pornography as well as propagates and/or advertises sexual services and paraphilias; 5) propagates 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 degrades human dignity and honour. 3. It shall be prohibited to disseminate information which violates the presumption of innocence or which may obstruct the impartiality of judicial authorities. 4. The Government shall lay down the procedure for disseminating press publications, audio, audiovisual works, radio and television programmes, the Information Society media and other public information ascribed to erotic, pornographic, violent 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 shall, 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 set restrictions and/or other obligations for the producers and disseminators of public information that are necessary to protect the interests of citizens and the general 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, DISSEMINATORS OF PUBLIC INFORMATION, THEIR PARTICIPANTS, AND JOURNALISTS Section One REGULATION OF THE Status of Producers, 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 person 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. After having sold or otherwise transferred at least 10 % of the broadcaster’s or re-broadcaster’s shares (parts, units), a licence holder must inform the Radio and Television Commission of Lithuania (hereinafter referred to as the “Commission”) about the transfer of property rights not later than 30 days after it. 4. Where after having sold or otherwise transferred the shares (parts, units) of a broadcaster and/or re-broadcaster possessing a broadcasting or re-broadcasting licence there is a change of the owner (owners) of the controlling package of shares or where the control (management) of a licence holder is transferred to another person (persons) on other grounds, persons intending to transfer and acquire the shares (parts, units) 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 (parts, units) and/or its control (management) if: 1) persons who intend to transfer and acquire a broadcaster’s and/or re-broadcaster’s shares (parts, units) and/or its control (management) have not presented the data required by the Commission or have presented incorrect data; 2) persons who intend to transfer and acquire a broadcaster’s and/or re-broadcaster’s shares (parts, units) and/or its control (management) are prohibited, in cases provided for by the law, to be participants of the producers and/or disseminators of public information; 3) concentration takes place due to the transfer and acquisition of a broadcaster’s and/or re-broadcaster’s shares (parts, units) and/or its control (management), and the Competition Council has not issued a relevant permission where such permission is required by the Law on Competition. 6. State and municipal institutions and agencies (except for scientific and educational establishments), banks, 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 activity unless specified otherwise by the law. 7. Every producer of public information or a participant thereof must appoint a person (chief editor, 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, must not distort correct and non-biased information and opinions, and to use this for sordid motives. Public information is not compatible with journalistic campaigns, held according to preconceptions or satisfying group, political interests; 2) must be objective and non-biased, to provide as many opinions as possible on controversial issues related to politics, economics and other social life; 3) while recording various public  actions – meetings, processions, strikes, pickets, etc. – must not instigate to take illegal or desperate actions; 4) must not publish ungrounded, 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) must not propagate or depict attractively smoking, drinking or use of narcotics. Depiction of smoking, drinking, narcotic addiction shall be justified only as a context when seeking verisimilitude; 7) must not disseminate tendentious and biased information about religion, must not discriminate other religions; 8) must clearly introduce religious organisations and their views so that people would not get confused; 9) must not propagate supernatural, unreal characteristics of people or their groups, or paranormal phenomena, with the exception of the cases when such information is presented for amusement or as a research object. They must not give people impression that astrologers, chiromancers, clairvoyants, specialists in bioenergetics can provide advices concerning future, health, money and so on.  ARTICLE 23. A Journalist and his relations with Producers, 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 set the journalist’s rights, duties, responsibility, employments relations, as well as the journalist’s protection against restriction of his rights. 2. Regardless of the fact whether a journalist is linked with a producer of public information by virtue of employment, a producer of public information must agree in writing with a journalist as to the use of a journalist’s copyrighted work. Such an agreement shall also be a collective agreement between a producer of public information or an organization representing him and journalists or an organisation representing them, which lays down conditions for the use of copyrighted works of journalists. If a producer of public information, who uses a journalist’s copyrighted work, has not agreed in writing on this with a journalist, and is not a party to a collective agreement, this will not excuse a producer of public information from an obligation of fair remuneration for a journalist’s copyrighted work used by him. 3. This and other laws of the Republic of Lithuania shall set a professional and legal status of a journalist and his social guarantees.       ARTICLE 24. Data on Participants of Local, Regional, National Newspapers, Magazines and the Information Society Media 1. Each year, by March 30th, editorial offices of local, regional or 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 submit to an institution authorised by the Government in the field of providing information to the public (hereinafter referred to as the “Government authorised institution”) in accordance with the procedure established by the abovementioned institution the data regarding those shareholders or stakeholders of an enterprise who have the right of ownership to or control at least 10 % of all the shares or assets (if the assets are not divided into shares). The data shall include the names and surnames of such shareholders or stakeholders, their personal identification codes (registration numbers), the stake held in the assets or the number of shares as well as the percentage of votes. Each year, by March 30th, the said producers and disseminators of public information shall submit to the Government authorised institution 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. By May 15th of the same year and in accordance with its prescribed procedure, the Government authorised institution shall publish the data submitted by the editorial offices of town or region, regional or national-level newspapers, magazines and the Information Society media in the supplement Informaciniai Pranešimai (Information Bulletin) to the official gazette Valstybės Žinios. 2. The President of the Republic, the Members of the Government, Seimas and municipal councils, public servants of political (personal) confidence as well as heads of state and municipal institutions and establishments must publish the data about their participation in local, regional or national newspapers, magazines and the Information Society media in the supplement Informaciniai Pranešimai (Information Bulletin) to the official gazette Valstybės Žinios in accordance with the procedure established by the Government authorised institution. 3. Public information producers or disseminators, journalists must publish in their media information about any contribution received if it exceeds the amount of a single minimum wage, specifying the amount of the contribution and wherefrom it was received. 4. Persons shall be liable, in accordance with the procedure established by the law, for failure to submit the information referred to in paragraph 1 of this Article and publish the information referred to in paragraph 2 of this Article. 5. The duties referred to in paragraphs 1 and 2 of this Article shall apply only to those Information Society media whose manager is a legal person. ARTICLE 25. Broadcasters under the Jurisdiction of the Republic of Lithuania 1. A broadcaster is considered to be under the jurisdiction of the Republic of Lithuania if it satisfies 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 Member State of the European Union, but a significant proportion of its workforce engaged in broadcasting activity is located in Lithuania; 3) its head office is located in another Member State of the European Union, while editorial decisions are taken in Lithuania and a significant proportion of its workforce engaged in broadcasting activity is located in Lithuania. 4) a large proportion of the broadcaster’s workforce engaged in broadcasting activity is located both in Lithuania and another Member State of the European Union, 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 Member State of the European Union or vice versa and a significant proportion of its workforce engaged in broadcasting activity is not located in either of these states, but the broadcaster started its activities in Lithuania in accordance with the laws of the Republic of Lithuania and maintains permanent economic relationships in Lithuania; 6) its head office is located in Lithuania, while editorial decisions concerning the programmes broadcast are taken in a state other than Member State of the European Union or vice versa and a significant proportion of its workforce engaged in broadcasting activity is located in Lithuania. 2. A broadcaster to whom the provisions of paragraph 1 of this Article cannot be applied and who does not fall under the jurisdiction of an EU Member State or any other State which is party to the Convention on Transfrontier Television of the Council of Europe shall be under the jurisdiction of Lithuania if it complies with the following conditions: 1) the broadcaster uses a channel (radio frequency) belonging to the State of Lithuania; 2) the broadcaster uses communications satellite resources provided by the State of Lithuania; 3) the broadcaster does not use a channel (radio frequency) belonging to the State of Lithuania or communications satellite resources provided by the State of Lithuania, but it uses a terrestrial station situated in Lithuania, which has an uplink to a communications satellite. 3. The jurisdiction of the Republic of Lithuania may apply to the broadcasters who are not specified in paragraphs 1 and 2 of this Article, if their activities pose threat to the interests of national security of Lithuania, public order, public health protection, public security, consumer protection, when competent authorities of the states, under the jurisdiction of which the said broadcasters are, have not taken measures to prevent such activities, when appropriate institutions of Lithuania appealed to them officially. ARTICLE 26. Dissemination of Public Information 1. Information shall be disseminated to the public by the producer of public information 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 means of 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) 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 produced abroad, or its part; 2) information which is disseminated violates the provisions of this Law as well as the requirements of the international treaties of the Republic of Lithuania regarding the protection of adolescents from a negative effect of public information on their physical, mental or moral development; 3) information which is disseminated violates other provisions of this Law as well as other requirements of the international treaties of the Republic of Lithuania which are applied to broadcast programmes intended for the public of a recipient state, and if a state which receives a programme 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 latter 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 a programme in the Republic of Lithuania begins. A re-broadcaster must suspend re-broadcasting of a 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 activities of public information producers. State financial support shall be provided to public information producers by invitation to tender and, except for the support specified in paragraph 2 of this Article, is provided through the public establishment Media Support Foundation (hereinafter referred to as the “Foundation”). Each year the Seimas shall appropriate funds from the State budget to the Foundation. State institutions and agencies may not provide financial support or support which is equivalent to it in essence to public information producers. 2. Financial support from the State budget for the publication of books and the production of works distributed in the 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 a proposal by expert commissions operating under the aforementioned ministries. Article 28. The 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 founders of the Foundation may be artists’ associations, organisations of public information producers as well as other organisations and institutions that shape a cultural and educational policy, are engaged in cultural and/or educational activities. The articles of association of the Foundation must provide for the procedure of admission of new members. 3. The Council of the Foundation shall be in charge of the Foundation’s activity. The Foundation shall comprise 11 members. A general meeting of the stakeholders of the Foundation shall elect the said members for each term of office. A term of office of a Foundation member shall last two years. The same person may not hold more than two consecutive terms of office. The Foundation Council shall be headed by the chairman of the Foundation Council. He shall be elected by the Foundation Council from its members for a term of office of the Foundation Council. Decisions of the Foundation Council shall be adopted by a simple majority vote of all Council members; should voting result in a tie, the chairman of the Foundation Council shall have a casting vote. The Foundation Council shall function in compliance with the rules of procedure approved by it. The Foundation Council shall take decisions regarding results of tenders on the basis of the conclusions presented by expert groups. Expert groups shall be formed and function in accordance with regulations approved by the Foundation Council. 3. Sources of funding of the Foundation: 1) state grants (subsidies); 2) funds contributed by legal or natural persons; 3) licence fees by broadcasters and re-broadcasters registered in the Republic of Lithuania; 4) interest on the Foundation funds kept in banks; 5) other legally obtained funds. 4. The Foundation shall, according to a separate estimate, appropriate funds for performance of the functions laid down by laws for the Ethics Commission of Journalists and Publishers.  5. The Foundation shall, by tender procedure, support cultural and educational projects of producers of public information according to the following six programmes: 1) cultural, art publications; 2) educational publications; 3) the regional media (regional, local newspapers, magazines or other special publications, radio and television); 4) radio and television; 5) the internet media (the Information Society media); 6) cultural education of children and the youth. 6. The Government shall approve the general regulations for tenders, drawn up by the Foundation Council, which show 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. 7. Each year the Foundation shall publish in the press its annual activity report, while the Chairman of the Foundation Council shall present at a plenary meeting 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 institutions a 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 that involve violence and eroticism. In accordance with the procedure established by this and other laws, State and municipal institutions shall ensure the preservation of pluralism in the provision of information to the public and fair competition with the view of avoiding the abuse of dominant position by producers and/or disseminators of public information or in any separate media market. 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 may be applied to the producers and/or disseminators of public information that involves violence and eroticism. ARTICLE 30. National Radio and Television of Lithuania The National Radio and Television of Lithuania (hereinafter referred to as the “LRT” which stands for the Lietuvos nacionalinis radijas ir televizija) 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 Activity 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 activity 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 their own electronic communications networks, the right to use their own electronic communications networks for the 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 Assignment of Radio Frequencies to Broadcasting and Transmission of Radio and Television Programmes, are intended to be assigned to broadcasters and/or re-broadcasters possessing Commission-issued licences granting the right to establish and operate their own electronic communications networks; this information shall be submitted together with information about the basic conditions of operating electronic communications networks required to issue broadcasting and/or re-broadcasting licences. After having received the aforementioned information, the Radio and Television Commission of Lithuania shall issue broadcasting and/or re-broadcasting licences in accordance with the procedure and terms established by this Law and the Rules for Licensing Broadcasting and Re-broadcasting Activities. 3. The Communications Regulatory Authority, having assigned radio frequencies (channels) to transmission providers, shall submit to the Commission information about these radio frequencies (channels) together with information about the basic conditions of operating electronic communications networks required to issue broadcasting and/or re-broadcasting licences. After having received the abovementioned information, the Commission shall issue broadcasting and/or re-broadcasting licences in accordance with the procedure and terms established by this Law and the Rules for Licensing Broadcasting and Re-broadcasting Activities. 4. The basic conditions of operating electronic communications networks specified together with radio frequencies (channels) in a broadcasting or re-broadcasting licence, except for the cases when radio frequencies (channels), provided for in the Strategic Plan for the Assignment of Radio Frequencies to Broadcasting and Transmission of Radio and Television Programmes, are not used for the broadcasting and/or re-broadcasting of programmes, must comply with the basic operating conditions of radio frequencies (channels) and electronic communications networks, intended for broadcasting and/or re-broadcasting radio and television programmes, presented by the Communications Regulatory Authority to the Commission. The actual transmission provider shall be additionally specified in a Commission-issued broadcasting and/or re-broadcasting licence granting the right to use the transmission services provided by a third party. 5. The Communications Regulatory Authority shall have the right to change the radio frequency (channel) and replace it by another radio frequency (channel) used for the same purpose after giving a six-month advance notice to the radio frequency (channel) user or to cancel the assigned radio frequency (channel) after giving a twelve-month advance notice to the radio frequency (channel) user if: 1) this is required under international obliga …