2003. évi CIII. törvény
a határokat átlépő televíziózásról szóló európai egyezményt módosító, Strasbourgban, 1998. szeptember 9-én kelt (október 1-jén elfogadásra megnyitott) Jegyzőkönyv kihirdetéséről1
1. § Az Országgyűlés a határokat átlépő televíziózásról szóló európai egyezményt módosító, Strasbourgban, 1998. szeptember 9-én kelt (október 1-jén elfogadásra megnyitott) Jegyzőkönyvet (a továbbiakban: Jegyzőkönyv) e törvénnyel kihirdeti.
[A Jegyzőkönyv annak 35. Cikk (3) bekezdése alapján a Magyar Köztársaság vonatkozásában 2002. március 1-jén lépett hatályba.]
2. § A Jegyzőkönyv angol nyelvű szövege és annak hiteles magyar nyelvű fordítása a következő:
„PROTOCOL AMENDING THE EUROPEAN CONVENTION ON TRANSFRONTIER TELEVISION
Strasbourg, 1. X. 1998
The member States of the Council of Europe and the other Parties to the European Convention on Transfrontier Television, opened for signature in Strasbourg on 5 May 1989 (hereinafter referred to as „the Convention”),
welcoming the fact that the enlargement of the membership of the Council of Europe since 1989 has led to the development and implementation at the pan-European level of the legal framework provided for under the Convention,
considering the major technological and economic developments in the field of television broadcasting as well as the appearance of new communications services in Europe since the adoption of the Convention in 1989;
noting that these developments call for a revision of the provisions of the Convention,
bearing in mind, in this regard, the adoption by the European Community of Directive 97/36/EC of the European Parliament and of the Council of 19 June 1997 amending Council Directive 89/552/EEC on the co-ordination of certain provisions laid down by law, regulation or administrative action in member states concerning the pursuit of television broadcasting activities,
considering the urgent need to amend certain provisions of the Convention in order to develop a coherent approach to transfrontier television between this instrument and the directive, as underlined in the Declaration on Media in a Democratic Society adopted by the ministers of the States participating in the 4th European Ministerial Conference on Mass Media Policy (Prague, 7-8 December 1994) and in the political Declaration of the 5th European Ministerial Conference (Thessaloniki, 11-12 December 1997),
wishing to further develop the principles embodied in the Council of Europe recommendations on the drawing up of strategies to combat smoking, alcohol and drug dependence in co-operation with opinion-makers and the media, on the right to short reporting on major events where exclusive rights for their television broadcast have been acquired in a transfrontier context and on the portrayal of violence in the electronic media, which have been adopted within the framework of the Council of Europe since the Convention was adopted,
have agreed as follows:
Article 1
The word „juridiction” in Article 8, paragraph 1, and in Article 16, paragraph 2a, in the French text, shall be replaced by the word „compétence”.
Article 2
The word „advertisements” in Article 15, paragraphs 3 and 4, in the English text, shall be replaced by the word „advertising”.
Article 3
The definition of „Broadcaster” in Article 2, paragraph c, shall be worded as follows:
„c „Broadcaster” means the natural or legal person who has editorial responsibility for the composition of television programme services for reception by the general public and transmits them or has them transmitted, complete and unchanged, by a third party;”
Article 4
The definition of „Advertisement” in Article 2, paragraph f, shall be worded as follows:
„f „Advertising” means any public announcement in return for payment or similar consideration or for self-promotional purposes, which is intended to promote the sale, purchase or rental of a product or service, to advance a cause or idea, or to bring about some other effect desired by the advertiser or the broadcaster itself;”
Article 5
A new paragraph g reading as follows shall be inserted in Article 2:
„g „Tele-shopping” means direct offers broadcast to the public with a view to the supply of goods or services, including immovable property, rights and obligations in return for payment;”
Article 6
Article 2, paragraph g, shall be renumbered to Article 2, paragraph h.
Article 7
The following text shall replace Article 5:
„Article 5: Duties of the transmitting Parties
1 Each transmitting Party shall ensure that all programme services transmitted by a broadcaster within its jurisdiction comply with the terms of this Convention.
2 For the purposes of this Convention, a broadcaster within the jurisdiction of a Party is:
- a broadcaster who is deemed to be established in that Party according to paragraph 3;
- a broadcaster to whom paragraph 4 applies.
3 For the purposes of this Convention, a broadcaster shall be deemed to be established in a Party, hereinafter referred to as the „transmitting Party”, in the following cases:
a the broadcaster has its head office in that Party and the decisions on programme schedules are taken in that Party;
b if a broadcaster has its head office in one Party but decisions on programme schedules are taken in another Party, it shall be deemed to be established in the Party where a significant part of the workforce involved in the pursuit of the television broadcasting activity operates; if a significant part of the workforce involved in the pursuit of the television broadcasting activity operates in each of those Parties, the broadcaster shall be deemed to be established in the Party where it has its head office; if a significant part of the workforce involved in the pursuit of the television broadcasting activity operates in neither of those Parties, the broadcaster shall be deemed to be established in the Party where it first began broadcasting in accordance with the system of law of that Party, provided that it maintain a stable and effective link with the economy of that Party;
c if a broadcaster has its head office in a Party but decisions on programme schedules are taken in a State which is not Party to this Convention, or vice-versa, it shall be deemed to be established in the Party concerned, provided that a significant part of the workforce involved in the pursuit of the television broadcasting activity operates in that Party;
d if, when applying the criteria of paragraph 3 of Article 2 of Directive 97/36/EC of the European Parliament and of the Council of 19 June 1997 amending Council Directive 89/552/EEC on the co-ordination of certain provisions laid down by law, regulation or administrative action in member States concerning the pursuit of television broadcasting activities, a broadcaster is deemed to be established in a member State of the European Community, that broadcaster shall also be deemed to be established in that State for the purposes of this Convention.
4 A broadcaster to whom the provisions of paragraph 3 is not applicable is deemed to be within the jurisdiction of a Party, so-called transmitting Party, in the following cases:
a it uses a frequency granted by that Party;
b although it does not use a frequency granted by a Party it does use a satellite capacity appertaining to that Party;
c although it uses neither a frequency granted by a Party nor a satellite capacity appertaining to a Party it does use a satellite up-link situated in that Party.
5 If the transmitting Party cannot be determined according to paragraph 4, the Standing Committee shall consider this issue according to Article 21, paragraph 1, indent a, of this Convention, in order to determine this Party.
6 This Convention shall not apply to television broadcasts intended exclusively for reception in States which are not Party to this Convention, and which are not received directly or indirectly by the public in one or more Parties.”
Article 8
Article 8 shall have the following wording:
„Article 8: Right of reply
1 Each transmitting Party shall ensure that every natural or legal person, regardless of nationality or place of residence, shall have the opportunity to exercise a right of reply or to seek other comparable legal or administrative remedies relating to programmes transmitted by a broadcaster within its jurisdiction, within the meaning of Article 5. In particular, it shall ensure that timing and other arrangements for the exercise of the right of reply are such that this right can be effectively exercised. The effective exercise of this right or other comparable legal or administrative remedies shall be ensured both as regards the timing and the modalities.
2 For this purpose, the name of the programme service or of the broadcaster responsible for this programme service shall be identified in the programme service itself, at regular intervals by appropriate means.”
Article 9
The following text shall replace Article 9:
„Article 9: Access of the public to information
Each Party shall examine and, where necessary, take legal measures such as introducing the right to short reporting on events of high interest for the public to avoid the right of the public to information being undermined due to the exercise by a broadcaster within its jurisdiction of exclusive rights for the transmission or retransmission, within the meaning of Article 3, of such an event.”
Article 10
A new Article 9bis, worded as follows, shall be inserted:
„Article 9bis: Access of the public to events of major importance
1 Each Party retains the right to take measures to ensure that a broadcaster within its jurisdiction does not broadcast on an exclusive basis events which are regarded by that Party as being of major importance for society in such a way as to deprive a substantial proportion of the public in that Party of the possibility of following such events by live coverage or deferred coverage on free television. If it does so, the Party concerned may have recourse to the drafting of a list of designated events which it considers to be of major importance for society.
2 Parties shall ensure by appropriate means, respecting the legal guarantees granted by the Convention for the Protection of Human Rights and Fundamental Freedoms as well as, where appropriate, the national constitution, that a broadcaster within their jurisdiction does not exercise the exclusive rights purchased by that broadcaster following the date of entry into force of the Protocol amending the European Convention on Transfrontier Television in such a way that a substantial proportion of the public in another Party is deprived of the possibility of following events which are designated by that other Party, via whole or partial live coverage, or where necessary or appropriate for objective reasons in the public interest, whole or partial deferred coverage on free television as determined by that other Party under paragraph 1, respecting the following requirements:
a the Party implementing the measures referred to in paragraph 1 shall draw up a list of national or non-national events which are considered by that Party as being of major importance for society;
b the Party shall do so in a clear and transparent manner in due and effective time;
c the Party shall determine whether these events shall be available via whole or partial live coverage, or where necessary or appropriate for objective reasons in the public interest, whole or partial deferred coverage;
d the measures taken by the Party drawing up the list shall be proportionate and as detailed as necessary to enable other Parties to take measures referred to in this paragraph;
e the Party drawing up the list shall notify the list and the corresponding measures to the Standing Committee, the time limit for which shall be fixed by the Standing Committee;
f the measures taken by the Party drawing up the list shall be within the limitations of the guidelines of the Standing Committee referred to in paragraph 3 and the Standing Committee must have given a positive opinion on the measures.
Measures based on this paragraph shall apply only to those events published by the Standing Committee in the annual list referred to in paragraph 3 and to those exclusive rights purchased after the entry into force of this amending Protocol.
3 Once a year the Standing Committee shall:
a publish a consolidated list of the enlisted events and corresponding measures notified by Parties in accordance with paragraph 2e;
b draw up guidelines to be adopted by a majority of three quarters of the members in addition to the requirements listed up in paragraph 2 a to e in order to avoid differences between the implementation of this Article and that of corresponding European Community provisions.”
Article 11
Paragraph 1 of Article 10 shall have the following wording:
„1 Each transmitting Party shall ensure, where practicable and by appropriate means, that a broadcaster within its jurisdiction reserves for European works a majority proportion of its transmission time, excluding the time appointed to news, sports events, games, advertising, teletext services and tele-shopping. This proportion, having regard to the broadcaster’s informational, educational, cultural and entertainment responsibilities to its viewing public, should be achieved progressively, on the basis of suitable criteria.”
Article 12
Paragraph 4 of Article 10 shall have the following wording:
„4 The Parties shall ensure that a broadcaster within their jurisdiction does not broadcast cinematographic works outside periods agreed with the rights holders.”
Article 13
A new Article 10bis reading as follows shall be inserted:
„Article 10bis: Media pluralism
The Parties, in the spirit of co-operation and mutual assistance which underlies this Convention, shall endeavour to avoid that programme services transmitted or retransmitted by a broadcaster or any other legal or natural persons within their jurisdiction, within the meaning of Article 3, endanger media pluralism.”
Article 14
The heading of Chapter III shall read as follows:
„Advertising and tele-shopping”
Article 15
Article 11 shall have the following wording:
„1 Advertising and tele-shopping shall be fair and honest.
2 Advertising and tele-shopping shall not be misleading and shall not prejudice the interests of consumers.
3 Advertising and tele-shopping addressed to or using children shall avoid anything likely to harm their interests and shall have regard to their special susceptibilities.
4 Tele-shopping shall not exhort minors to contract for the sale or rental of goods and services.
5 The advertiser shall not exercise any editorial influence over the content of programmes.”
Article 16
Article 12 shall have the following wording:
„Article 12: Duration
1 The proportion of tele-shopping spots, advertising spots and other forms of advertising, with the exception of tele-shopping windows within the meaning of paragraph 3, shall not exceed 20% of the daily transmission time. The transmission time for advertising spots shall not exceed 15% of the daily transmission time.