Official Translation

Official Translation Official Translation REPUBLIC OF LITHUANIA LAW ON PROVISION OF INFORMATION TO THE PUBLIC 2 July 1996 No. I-1418 Vilnius (As amended by April 27, 2004 No. IX – 2176) 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 and 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. Amendments and supplements to Article 2 Article 2 shall be amended and supplemented as follows: “ARTICLE 2. Definitions 1. “Subscriber” means a person who under a contract with a broadcaster or re-broadcaster receives television and/or radio programmes (hereinafter referred to as “programmes”). 2. “Terrestrial television, radio” means programme broadcasting and/or re-broadcasting by an analogue or digital terrestrial television, radio station or a network thereof. 3. “Terrestrial television, radio network” means an electronic communications network which is comprised of more than one analogue or digital terrestrial television, radio station and which is intended for broadcasting and/or re-broadcasting of the same programme/programmes to the public. 4. “Persons” means natural or legal persons. 5. “Personal health information” means information as defined in the Law on the Health System concerning the health of a person. 6. “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 regarding the expansion of Lithuania’s audiovisual market and their implementation. 7. “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. 8. “Disinformation” means intentionally disseminated false information. 9. “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. 10. “Audiovisual works” means cinematographic works or any other works expressed by cinematographic means that are comprised of a series of related images expressing a motion, with or without accompanying sounds, recorded (fixed) in a material visual recording medium. 11. “Cable television, wire radio” means the broadcasting and/or re-broadcasting of programmes by cable television and wire radio networks. 12. “Cable television, wire radio network” means an electronic communications network intended for broadcasting, re-broadcasting and receiving programmes, changing their encoding or electromagnetic oscillation parameters and transmitting them by cable and wire distribution lines to the terminal equipment of subscribers. 13. “Broadcast” means a separate part of a programme, usually having its own name, broadcasting time, authors and hosts. 14. “City and district newspaper” means a periodical which is published and circulated at least once a week in the municipal territory of a single city or district and which has at least 90 % of its circulation distributed within the municipal territory of that city or district. 15. “Microwave multichannel distribution system” (hereinafter referred to as –“MMDS”) means the broadcasting and/or re-broadcasting of programmes by a MMDS network. 16. “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 of subscribers. 17. “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. 18. “Opinion” means views, ideas, value judgements and remarks published in the media regarding phenomena or events. The principle of verification does not need to be applied to an opinion, however it must be based on facts and expressed by ethical means. 19. “Official documents of state and municipal institutions and agencies” means written, graphic, audio, visual, computer information or other documents related to the activities of state and municipal institutions and agencies that are included in the document records of the said institutions and that are produced or received by them. 20. “Satellite television, radio” means programme broadcasting and/or re-broadcasting by an artificial Earth satellite (satellites). 21. “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 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. 22. “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. 23. “Programme” means the total entity of separate 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. 24. “Radio frequency (channel)” means a frequency band required for the transmission of at least one programme. 25. “Radio, television station” means a technical complex comprised of radio, television transmitters together with antennae and other technical equipment intended for broadcasting, re-broadcasting and transmitting of programmes. 26. “Regional newspaper” means a periodical which is published and circulated at least once a week in the territories of counties as defined in the Law on the Territorial Administrative Units of the Republic of Lithuania and their Boundaries and which has at least 90 % of its circulation distributed within the territory of a single county. 27. “Advertising” means information disseminated in any form and by any means in connection with a person’s economic, commercial, financial or professional activity for the purpose of promoting the purchase of goods or services, including the purchase of immovable property and the transfer of property rights and obligations. 28. “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. 29. “Re-broadcaster” means a disseminator of public information, 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 parts thereof, broadcast to the public and assumes responsibility for their legality. 30. “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. 31. “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. 32. “Teleshopping” means direct offers of an advertising client broadcast by television to purchase goods or services, including immovable property, property rights and obligations, in return for payment. 33. “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 or other messages on individual demand such as telecopying, electronic data banks or other similar services. 34. “Broadcasting, 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 broadcasting and/or re-broadcasting activity within a defined territory and laying down the conditions for such broadcasting and/or re-broadcasting. 35. “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, produces and transmits them to the public himself or allows another person to transmit them unchanged; “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; “regional broadcaster” means a broadcaster whose programme broadcast by a terrestrial radio or television network is received within a territory inhabited by less than 60 % of Lithuania’s population; “local broadcaster” means a broadcaster whose programme is broadcast by one radio or television station. 36. “Public information” means information intended for public dissemination, except for the information referred to in paragraph 1 of this Article and information which cannot be considered as public information under the laws of the Republic of Lithuania. 37. “Disseminator of public information” means a broadcaster, re-broadcaster or any other person who transmits or disseminates by other means public information to the public. 38. “Producer of public information” means a broadcaster, a publishing house, a film, sound or video studio, information or advertising agency, an editorial office or other person engaged in the production of public information. 39. “Provision of information to the public” means an activity of providing public information to the public. 40. “The Media” means books, newspapers, journals, bulletins or other publications, television and radio programmes, film and other sound or visual studio productions and other means of public dissemination of information. In accordance with this Law, technical and office documents as well as securities are not ascribed to the media. 41. “News” means facts or data based upon fact published by the media. 42. “Journalist” means a natural person who, on a professional basis, collects, prepares and presents materials to the producer of public information on his own initiative, under a contract with the producer or by his assignment 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 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 inform 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. Freedom of Editing Information 1. In order to ensure freedom of information it shall be prohibited to exert pressure on the producer and disseminator of public information, their owners or journalists in compelling them to present false information in the media regarding some events or facts. 2. A journalist shall have the right to refuse an assignment by the producer of public information, its owner or a responsible person appointed by them, which is related to the production and/or dissemination of public information, if the assignment compels him to violate the laws or the Code of Ethics of Lithuanian Journalists and Publishers. 3. Persons shall be liable for actions violating the provisions of this Article in accordance with the procedure established by the law. ARTICLE 8. Confidentiality of Information Source * The producer and disseminator of public information, the owner of the producer and/or disseminator of public information, and the journalist shall have the right to maintain the confidentiality of the source of information and not to disclose it. Note. 1. To recognize that Article 8 of the Republic of Lithuania Law on Provision of Information to the Public contradicts paragraphs 3 and 4 of Article 25 of the Constitution of the Republic of Lithuania and the constitutional principle of the rule of law to the extent that the said article establishes that the producer and disseminator of public information, the owner of the producer and/or disseminator of public information, and the journalist shall have the right to maintain the confidentiality of the source of information and not to disclose it even in cases where it is required in a democratic state to disclose the source of information by a court decision 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. 2. To recognize that Article 8 of the Republic of Lithuania Law on Provision of Information to the Public contradicts Article 29 of the Constitution of the Republic of Lithuania to the extent that the said article establishes that the producer and disseminator of public information, the owner of the producer and/or disseminator of public information, and the journalist shall have the right to maintain the confidentiality of the source of information and not to disclose it even in court although it is necessary to disclose the source of information so 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 1. State and municipal institutions or agencies as well as institutions governing the activities of public information producers and/or disseminators shall be prohibited to restrict, by their own legal acts, freedom of information as defined in the laws. 2. 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. 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 or make sound and video recordings without a person’s consent within his domain; 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. 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 have his personal and family life respected must be ensured. 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 and if the publication of such information does not cause undue harm to the person. 3. Information concerning private life may be published without a person’s consent in cases where the publication of such information does not cause undue harm to the person or where 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 figure (state political figures, public servants, heads of political parties and public organisations as well as other persons participating in public or political activity) 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. 4. Persons shall be liable for violating the right to privacy in the media in accordance with the procedure established by this and other laws. 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 legitimate interests, in particular reputation, have been damaged by published information which is false, inaccurate or biased shall have the right of reply, providing him with the right to deny false information or correct 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 45 of this Law. ARTICLE 16. Right to Receive Compensation for Moral or Material Damage 1. Any natural person whose honour and dignity have been degraded by false information published about him shall have the right under the law to receive compensation for inflicted moral damage in accordance with the procedure established in Article 54 of this Law. 2. Any legal person whose legitimate interests, in particular reputation, have been damaged by published information which is false shall have the right under the law to receive compensation for inflicted material damage. ARTICLE 17. 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 statistical reliability of these surveys shall be indicated by providing the survey sample and margin of error. ARTICLE 18. 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 gratuitous violence. 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. Any programmes and/or broadcasts which, in accordance with the procedure established by the Government of the Republic of Lithuania, are ascribed to the category of public information whose publication or dissemination is restricted shall be broadcast and/or re-broadcast only from 23:00 to 06:00 hours or protective measures shall be used to ensure that persons responsible for the upbringing and care of children may restrict the offering of such programmes and/or broadcasts to minors. Where such programmes and/or broadcasts are broadcast or re-broadcast from 23.00 to 06.00 hours without the required protective measures, they must be identified by acoustic and/or visual means throughout the duration of their broadcasting and/or re-broadcasting in accordance with the procedure established by laws and other legal acts. 4. Persons shall be held liable in accordance with the procedure established by this and other laws for publishing and disseminating public information, having a detrimental effect on the physical, mental or moral development of minors, that is in violation of the requirements set forth by this Article as well as other laws and legal acts. 5. Control over information, which is not to be published in public computer networks, and the procedure for publishing restricted public information shall be established by the Government. ARTICLE 19. 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 private information. 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 20. 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 and territorial integrity of the Republic of Lithuania; 3) instigates war, national, racial, religious, social and gender hatred; 4) disseminates, propagates or advertises pornography as well as propagates and/or advertises sexual services and sexual deviations; 5) propagates and/or advertises 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. In cases specified by the law and according to the procedure prescribed thereby, the court may restrict the dissemination in the media of value judgements and comments related to a case, which has not yet been examined in court, that may affect the impartiality and independence of the court. 4. Persons shall be held liable in accordance with the procedure established by this and other laws for violating the restrictions specified in this Article. 5. The Government shall establish the procedure for disseminating press publications, feature films and video films, radio and television programmes, and other public information ascribed to erotic, violent or other restricted public information. ARTICLE 21. 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 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 22. 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 PRODUCTION AND DISSEMINATION OF PUBLIC INFORMATION Section One Legal Status and Conditions of Activity of Producers and Disseminators of Public Information and their Owners ARTICLE 23. Producers and Disseminators of Public Information and the Participants Therein 1. Relations between the producers and disseminators of public information and the participants therein 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. Any natural and legal person of the Republic of Lithuania and of a foreign country may have a participating interest in the producer and/or disseminator of public information, except for cases specified in this and other laws. 3. Persons having a participating interest in a producer or disseminator of public information may, in cases specified by the law and according to the procedure prescribed thereby, terminate or reorganise the activity of producing and/or disseminating public information or may transfer the producer or disseminator of public information to other persons referred to in paragraph 2 of this Article. 4. After having sold or otherwise transferred at least 10 % of the broadcaster’s or re-broadcaster’s shares (units), a licence holder must inform the Radio and Television Commission of Lithuania thereof not later than 30 days after the transfer of property rights. 5. Where after having sold or otherwise transferred the shares (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 (units) and/or control (management) must obtain a written consent of the Radio and Television Commission of Lithuania. 6. The Commission may refuse to give its consent for the transfer of a broadcaster’s and/or re-broadcaster’s shares (units) and/or its control (management) if: 1) persons who intend to transfer and acquire a broadcaster’s and/or re-broadcaster’s shares (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 (units) and/or its control (management) are prohibited in cases provided for by the law to have a participating interest in 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 (units) and the Competition Council has not issued a relevant permission where such permission is required by the Republic of Lithuania Law on Competition. 7. State and municipal institutions and agencies (except for scientific and educational establishments), banks, political parties and political organisations may not be the producers of public information and/or participants therein, however they may publish non periodical informational publications intended to inform the public of their activity unless specified otherwise by the law. 8. Every producer of public information or a participant therein shall appoint a person (chief editor, editor, broadcast host) responsible for the content of the media. Where a producer of public information and a participant therein is one and the same natural person, he shall bear responsibility for the content of his media. ARTICLE 24. Data on the Producers and Disseminators of Public Information and the Participants Therein 1. Each year, by March 30th, the producers and/or disseminators of public information, except for broadcasters and re-broadcasters, shall 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 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 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 and their members as well as 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 the prescribed procedure, the Government authorised institution shall publish the data submitted by the producers and disseminators of public information in the supplement Informaciniai Pranešimai (Information Bulletin) to the official gazette Valstybės Žinios. 2. Members of the Government, Seimas and municipal councils, public servants of political (personal) confidence as well as heads of state and municipal institutions and agencies shall publish the data about their participation in the producers and/or disseminators of public information 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 and 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. ARTICLE 25. (Repealed as of 1 May 2004) ARTICLE 26. 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 subparagraphs 1, 2, 3, 4, 5 and 6 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 does not use a channel (radio frequency) belonging to the State of Lithuania, but it uses a communications satellite belonging to the State of Lithuania; 3) the broadcaster does not use a channel (radio frequency) belonging to the State of Lithuania or a communications satellite belonging to the State of Lithuania, but it uses a terrestrial station situated in Lithuania, which has an uplink to a communications satellite. 3. Every broadcaster falling under the jurisdiction of the Republic of Lithuania shall act in conformity with the provisions of this Law. ARTICLE 27. 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 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 paragraph 2 of Article 4 of this Law. ARTICLE 28. 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, except for the support specified in paragraph 6 of this Article, through the Media Support Foundation (a public institution hereinafter referred to as the “Foundation”). Each year the Seimas shall appropriate funds from the State budget to the Foundation. 2. 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 shall be: the Lithuanian Architects’ Association, the Lithuanian Artists’ Association, the Lithuanian Photoartists’ Union, the Lithuanian Cinematographers’ Union, the Lithuanian Composers’ Union, the Lithuanian Scientific Society, the Lithuanian Writers’ Union, Lithuanian Folk Artists’ Union, Lithuanian Theatres’ Union, the Lithuanian Journalists’ Union, the Lithuanian Cable Television Association, the Lithuanian Radio and Television Association, the Lithuanian Periodical Press Publishers’ Association, Regional Televisions’ Association, the Lithuanian Lawyers’ Association, the Lithuanian Journalists’ Society, the Ministry of Culture, and the Ministry of Education and Science. 3. The Council of the Foundation shall be in charge of the Foundation’s activity. The stakeholders in the Foundation shall each appoint one member to the Foundation Council. Member of the Council shall be appointed for a term of office of the administrative bodies of the appointing organisation. The Ministry of Culture and the Ministry of Education and Science shall appoint members of the Foundation Council for a term of 4 years. The Chairman of the Council, elected by the Foundation Council for a term of 3 years, shall head the Council. Decisions of the Foundation Council shall be adopted by a simple majority vote of the Council members. 4. Sources of funding of the Foundation: 1) state grants (subsidies); 2) funds contributed by legal or natural persons; 3) licence fees by broadcasters registered in the Republic of Lithuania; 4) interest on the Foundation funds kept in banks; 5) other legally obtained funds. 4. Cultural and educational activities of public information producers shall be supported by tender procedure according to programmes submitted to the Foundation. Cultural and educational activities of public information producers, disseminating public information in regional, city and district newspapers, shall be supported by a separate tender procedure according to programmes submitted to the Foundation. The Government shall approve the general regulations for both tenders after having them coordinated with the Seimas Committee on Education, Culture and Science. 6. Each year the Foundation shall publish in the press its annual activity report, while the Chairman of the Foundation Council shall present an annual report on the allocation and utilization of the funds received from the budget at a plenary meeting. 7. 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 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 protection 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 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”) is a non-profit public institution belonging to the State by the right of ownership and operating in accordance with 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 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 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 licences to broadcast and/or re-broadcast programmes by cable television or wire radio networks, shall 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 obligations or EU legal acts; 2) the National Radio Frequency Allocation Table is modified and subsequently the radio frequency band designation is modified due to international obligations or EU legal acts, including recommendations – in coordination with the Commission if the assignment of a radio frequency is changed or revoked before the term of radio frequency (channel) use, established by the Communications Regulatory Authority, expires; 3) radio frequency (channel) is used ineffectively or inefficiently according to criteria specified in the Strategic Plan for the Assignment of Radio Frequencies to Broadcasting and Transmission of Radio and Television Programmes; 4) the Strategic Plan for the Assignment of Radio Frequencies to Broadcasting and Transmission of Radio and Television Programmes is modified; 6. Radio frequencies (channels) shall be the property of the Republic of Lithuania and may not be privatised. 7. The LRT activities shall not be licensed. In order to ensure the broadcasting of LRT programmes, the Radio and Television Commission of Lithuania shall issue on a non-tender and priority basis, in accordance with the procedure and conditions set out in this Law, authorisations which grant the rights equivalent to those granted by licences referred to in paragraph 1 of this Article. 8. Types of licences, the conditions and procedure of issuing them shall be established by this Law and the Rules for Licensing Broadcasting and Re-broadcasting Activities. The rules shall be approved by the Commission. 9. When issuing licences, priority shall be given to persons who undertake to produce original cultural, informational and educational broadcasts, ensure accurate and unbiased presentation of information, respect human dignity and right to privacy, protect minors from public information which might have a detrimental effect on their physical, mental and moral development, and also to persons who have undertaken to broadcast programmes that are not as yet broadcast by other broadcasters within the designated reception zone. 10. Broadcasting and re-broadcasting licences shall be issued by tender procedure, except for cases specified in paragraph 11 of this Article. 11. The Commission shall issue broadcasting and re-broadcasting licences on a non-tender basis in the following cases: 1) for broadcasting and re-broadcasting programmes by a terrestrial television or radio station with a power level ranging up to 1 W; 2) to scientific or educational institutions for broadcasting educational and cultural programmes by a terrestrial television or radio station with a power level ranging up to 20 W; 3) for broadcasting and/or re-broadcasting programmes by cable television or wire radio networks; 4) for broadcasting and/or re-broadcasting programmes by an artificial Earth satellite (satellites); 5) to the organisers of public events for broadcasting programmes about events with a maximum duration of 14 days by a terrestrial television or radio station with a power level ranging up to 20 W; 6) in other cases provided for in the Strategic Plan for the Assignment of Radio Frequencies to Broadcasting and Transmission of Radio and Television Programmes. 12. The Commission shall set the rate of the licence fee and the rate of the fee for the examination of licence applications. Licence fees shall be transferred to the Media Support Foundation to support audiovisual projects. 13. The licence issued by the Commission to a broadcaster and/or re-broadcaster shall not restrict them from providing other unlicensed services by the same electronic communications network or separate equipment if the provision thereof shall not interfere with programme broadcasting or re-broadcasting in accordance with the conditions set out in the licence. Only persons having a licence may conclude contracts with the providers of electronic communications services for transmitting and/or re-broadcasting programmes. 14. The Commission may suspend a licence by its decision for no longer than three months if the licence holder seriously and gravely infringes the requirements of this law or licence conditions: 1) disseminates information that is not to be published under paragraph 1 of Article 20; 2) infringes basic licence conditions and/or obligations concerning the programme broadcast (re-broadcast) and in the event that an administrative penalty was imposed on the broadcaster for the same infringement during the previous 12 months on several occasions; 3) infringes the legal provisions on the protection of minors against the detrimental effect of public information on their physical, mental or moral development and in the event that an administrative penalty was imposed on the broadcaster for the same infringement during the previous 12 months on several occasions; 4) fails to pay licence fees in due time; 5) does not pay the contributions specified in this Law to finance the activities of the Commission where the broadcaster was reprimanded for the same infringement during the previous 24 months on two prior occasions; 6) the Communications Regulatory Authority revokes the right to use a radio frequency (channel) and appeals to the Commission to suspend the licence. 15. The Commission may revoke a licence by its decision if: 1) the licence holder relinquishes the licence; 2) the licence holder is liquidated or reorganised; 3) the licence holder does not pursue licensed activity for a period of more than 2 consecutive months or more than 3 months within a calendar year without the Commission’s consent; 4) the licence holder has not started to pursue licensed activity within the period specified in the licence; 5) the licence holder has submitted incorrect data when applying for the licence; 6) the licence holder fails to eliminate the infringement for which the licence has been suspended or commits the same infringement within 12 months after the expiration of the suspension term. 7) the licence holder broadcasts and/or re-broadcasts a programme (programmes) within the term of licence suspension; 8) there is a change of the owner of the control stock of the licence holder or the control (management) of a licence holder is transferred to another person (persons) without the Commission’s consent or incorrect data have been presented in the request submitted to receive the Commission’s consent; 9) the Communications Regulatory Authority revokes the right to use a radio frequency (channel) and appeals to the Commission to revoke the licence. 16. When adopting a decision on the suspension or revocation of licence, the Commission shall set a fixed term before the suspension or revocation of licence becomes effective. This term may not be shorter than the term established by the law for appealing against the Commission’s decisions in court. The licence holder must suspend (discontinue) licensed activity as of the day indicated in the decision, except for cases where the court suspends the decision after it has been appealed against. If the court does not revoke the Commission’s decision on the suspension or revocation of licence, the licence holder must suspend (discontinue) licensed activity as of the day when the court decision goes into effect. The decision of the Radio and Television Commission of Lithuania on the suspension or revocation of licence shall be sanctioned by the Vilnius district administrative court. The request to sanction the Commission’s decision shall indicate the factual and legal grounds for adopting it as well as supporting evidence. The request shall be submitted together with the Commission’s decision, copies of documents supporting its factual and legal grounds as well as other required materials. The judge of the Vilnius district administrative court shall examine the Commission’s request and adopt a motivated ruling approving or rejecting the request not later than 72 hours after the request is submitted. If the Radio and Television Commission of Lithuania does not agree with the judge’s decision to reject the request, its authorized representative shall have the right to appeal to the Supreme Administrative Court of Lithuania against the ruling within a period of 7 days. The Supreme Administrative Court of Lithuania shall examine the appeal against the ruling of the Vilnius district administrative court within a period of 7 days. 17. A licence holder may not transfer the licence or the rights granted thereby to other persons. In the event that a licence holder reorganises its activity, the successor (successors) to its rights and obligations may be issued, by a decision of the Commission, a new licence (licences) on a non-tender basis to pursue licensed activity under the same conditions if the licence holder submits to the Commission prior to reorganisation a relevant request and a reorganisation project and if there were no violations of the Republic of Lithuania laws governing broadcasting or re-broadcasting activities, licence terms and conditions, and Commission decisions prior to reorganisation as well as in the course of reorganisation. 18. In the event of any change in respect of the licence holder’s founding documents, registered office or managing bodies, the licence holder shall inform the Commission thereof within 30 days. 19. A licence holder shall inform the Commission about the planned termination of licensed activity not later than thirty days prior to the event. After having received the Commission’s consent, the licence holder may suspend licensed activity for no longer than 3 months. ARTICLE 32. Protection from Illegal Broadcasting and/or Re-broadcasting 1. Broadcasters and/or re-broadcasters may not enlarge or otherwise change the territorial area of licensed activity specified in the licence (coverage zone of the programmes broadcas …