CZECH REPUBLIC

Expert assessment: Sanctions

This statement is essentially correct although incomplete and takes some provisions out of context. After repeated and severe violations to certain provisions in the Broadcasting Act—including breaches to regulations on protection of minors—and after fines have been repeatedly levied, the Czech broadcasting authority, the Council for Radio and Television Broadcasting (RRTV), can revoke a broadcaster’s license. 55 However, the RRTV’s sanctioning powers apply only to those media regulated under the Broadcasting Act: private and public TV and radio, but not print and online press. 56 The second sentence in the above statement (“Such event may constitute the breach of a regulation on analogue broadcasting, under which a given legal entity or natural person may only be the registered owner of one television channel or radio station that is licensed for nationwide coverage.”) refers to the exceptional situation in which a license holder violates the limits of cross-ownership rules as established in the Broadcasting Act.57 In addition, the RRTV can revoke a license not only for breaches to regulations on protection of minors, as stated above, but also for violating a number of other content regulations.

According to Section 63 of the Broadcasting Act, the RRTV can revoke a broadcaster’s license if the broadcaster: obtains the license on the basis of false information in the license application or breaches the rules of cross-ownership; repeatedly commits a particularly serious breach of the license conditions; repeatedly commits a particularly serious breach of the obligations set out in Section 32 (1); and a fine has repeatedly been imposed upon the broadcaster for such breaches.58

Section 32(1) lists basic obligations for all broadcasters, which include the prohibitions on programming that promotes “war or show[s] brutal or otherwise inhumane behaviour in a manner that would involve its trivialisation, apology or approval;” that incites hatred for reasons relating to “gender, race, colour of the skin, language, faith and religion, political or other opinions, national or social origin, membership of a national or ethnic minority, property, birth or other status;” that contains subliminal communications; and that “may seriously affect the physical, mental or moral development of minors, in particular, programming involving pornography and gross violence as an end itself.”59

The RRTV has no power to impose any interim injunction, temporarily suspend a media service or immediately remove a broadcaster’s license. It can withdraw a license only after a series of conditions are met, which has served as an effective check on the RRTV’s revocation powers, as this final sanction can only be applied after the process of repetitive penalisation and after all appellative procedures have been concluded. In addition, while breaches these content regulations can lead to the revocation of a broadcast license, in the course of nearly two decades the RRTV never revoked any radio or TV license for other than technical reasons—and never because of content.

Only once has the RRTV attempted to withdraw the license of a local terrestrial channel, Galaxie TV, because of breaches of license conditions. In December 2001 a conflict between the partner’s operating the channel resulted in a shift from the approved programming as well as interruptions in broadcasting. The RRTV’s attempt to revoke the Galaxie TV’s license failed after the Municipal Court in Prague reversed the decision. The conflict and the legal case were eventually resolved by the bankruptcy of one partner six months later, in June 2002. No attempt to revoke a license has occurred since. In the past, the few instances of withdrawing a license, predominantly of local cable channels, occurred after the license holder proved unable to launch or to continue broadcasting. Sometimes a license holder voluntarily returned the license for being unable to meet the license conditions.

It is important to note that nearly all the decisions made by the RRTV can be appealed with a complaint to a regular court.60 In addition, the filing of an appeal has a suspensive effect on the sanction while the court considers the case. The court’s decision can be further appealed at the three highest courts (Constitutional, Supreme and Supreme Administrative courts) depending on the nature of the decision and court verdict.

54 This example is cited twice by the Hungarian Government, under “Criticism 1,” and “Criticism 18” in “Criticisms and answers formulated on the subject of the proposed media act examined in a European context,” Ministry of Public Administration and Justice, December 20, 2010, available at:http://www.kormany.hu/en/ministry-of-public-administration-and-justice/news/criticisms-and-answers-formulated-on-the-subject-of-the-proposed-media-act-examined-in-a-european-context 55 On Radio and Television Broadcasting Operation and Amendments to Other Acts (hereafter the “Broadcasting Act”), Act No. 231/2001, 17 May 2001, unofficial consolidated text available in English at: http://www.mkcr.cz/en/media-a-audiovize/act-no--231-2001--of-17-may-2001--on-radio-and-television-broadcasting-and-on-amendment-to-other-acts-84912/. 56 Broadcasting Act, Article 5(f). The Council consists of 13 members serving 6-year terms, appointed by the prime minister on recommendations by the Czech Parliament (See Article 7 for appointment procedures), unofficial consolidated text available in English at: http://www.mkcr.cz/en/media-a-audiovize/act-no--231-2001--of-17-may-2001--on-radio-and-television-broadcasting-and-on-amendment-to-other-acts-84912/. 57 Broadcasting Act, Sections 55, 55(a) and 56, unofficial consolidated text available in English at: http://www.mkcr.cz/en/media-a-audiovize/act-no--231-2001--of-17-may-2001--on-radio-and-television-broadcasting-and-on-amendment-to-other-acts-84912/. 58 Broadcasting Act, Section 63, unofficial consolidated text available in English at: http://www.mkcr.cz/en/media-a-audiovize/act-no--231-2001--of-17-may-2001--on-radio-and-television-broadcasting-and-on-amendment-to-other-acts-84912/. 59 Broadcasting Act, Section 32(1), unofficial consolidated text available in English at: http://www.mkcr.cz/en/media-a-audiovize/act-no--231-2001--of-17-may-2001--on-radio-and-television-broadcasting-and-on-amendment-to-other-acts-84912/. 60 Per Act No. 150/2002, the Code of Administrative Justice, as well as Section 66 of the Broadcasting Act, unofficial consolidated text available in English at: http://www.mkcr.cz/en/media-a-audiovize/act-no--231-2001--of-17-may-2001--on-radio-and-television-broadcasting-and-on-amendment-to-other-acts-84912/.