FINLAND

Expert assessments: Sanctions

The Hungarian government’s response correctly states that the Finnish media law involves a system of sanctions, including sections on suspensions and license revocations. However, the government’s description of the supervisory responsibilities and sanctioning powers of FICORA under Finnish media law is neither accurate nor complete. The Finnish Communications Regulatory Authority (FICORA) is a supervisory and administrative agency under the Ministry of Transport and Communications. 91 It has little independent decision-making power apart from the specific supervisory responsibilities entrusted to it by the media law, which are mostly limited to the economic and technical aspects of broadcast regulation. FICORA monitors media outlets’ compliance with the terms and conditions of their broadcasting licenses and the regulations in the Act on Radio and Television Operations,92 but the final power to grant, amend or revoke a broadcasting license lies with the license authority, which in most cases in Finland is the Government – with the exception of some short-term licenses granted by FICORA. However, neither FICORA nor the Government has ever terminated a media outlet’s license.

In addition, neither of these authorities have the power to sanction individual journalists, editors or the heads of media outlets, although journalists and “responsible editors” are liable to provisions in the criminal code regarding hate speech.93 FICORA’s supervisory and sanctioning powers apply to commercial television and radio broadcasting (based on the Act on Television and Radio Operations) and telecommunications operators (as per the Communications Market Act).94 Public service broadcasting is governed by separate administrative provisions detailed in the Act on Yleisradio Oy (Finnish Broadcasting Company).95

FICORA may impose sanctions for broadcasters who violate the provisions of Chapters 3 and 4 in the Act on Television and Radio Operations. These chapters include regulations on the proportion of European works and programs by independent producers, programmes that may be detrimental to the development of children, use of exclusive rights, and certain restrictions on advertising and sponsoring. Provisions, for instance, regarding the protection of minors are outlined in Sections 19 and 25:

Under Section 19: “a television broadcaster shall ensure that television programmes that are likely to cause detriment to the development of children due to their violent nature or sexual content or by provoking horror or in another comparable way are transmitted at times when children do not usually watch television programmes.”96

Under Section 25: “television and radio advertising shall not: 1) exhort minors to buy a product or service by exploiting their inexperience or credulity; 2) directly encourage minors to persuade their parents or others to purchase the goods or services being advertised; 3) exploit the special trust minors place in parents, teachers or other persons; nor 4) unreasonably show minors in dangerous situations . . .”97

As noted above, the final power to grant, amend or revoke a broadcasting license lies with the license authority, which in most cases in Finland is the Government, with the exception of some short-term licenses granted by FICORA. Whether the license authority is the Government, or in the case of some short-term licenses, FICORA, Section 37 of the Act on Television and Radio Operations, states that is possible to revoke a licence if: “1) the broadcaster, notwithstanding the measures provided in accordance with sections 36 or 36(a), severely and repeatedly acts in violation of this Act or the provisions or regulations issued thereunder; or (2) if it is no longer possible to assign a radio frequency required by the operations in question.”

As noted previously, neither FICORA nor the Government have ever terminated a media outlet’s licence. An appeal may be filed against decisions by the Government, the Ministry of Transport and Communications or FICORA, as laid down in the Administrative Judicial Procedure Act. Appeals against decisions initiated by FICORA can be lodged in general administrative courts or in the Supreme Administrative Court of Finland. Disputes about individual decisions by FICORA have been considered in the administrative courts, but its sanctioning powers as such have not been challenged in any notable court cases. On the contrary, the monitoring of commercial broadcasters’ compliance with licence conditions has in effect been rather irregular, and there have been calls for a more systematic enforcement of the content requirements included in broadcasting licences.

90 “Criticism 1,” 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 91 Finnish Communications Regulatory Authority (FICORA): http://www.ficora.fi/en/etusivu.html 92 Act on Television and Radio Operations, Section 36(a), (744/1998; amendments up to 1068/2007 included), unofficial translation in English available at: http://www.finlex.fi/en/laki/kaannokset/1998/en19980744.pdf.www.finlex.fi/fi/laki/kaannokset/1998/en19980744.pdf 93 General criminal liability of individual journalists and responsible editors (all publications must designate a person with the responsibility to direct and supervise editorial work) are detailed in the Act on the Exercise of Freedom of Expression in Mass Media (http://www.finlex.fi/en/laki/kaannokset/2003/en20030460.pdf) 94 Communications Market Act (393/2003; amendments up to 363/2011 included), unofficial translation in English available at: http://www.finlex.fi/en/laki/kaannokset/2003/en20030393.pdf.www.finlex.fi/en/laki/kaannokset/2003/en20030393.pdf 95 Act on Yleisradio Ab: http://www.finlex.fi/en/laki/kaannokset/1993/en19931380.pdf 96 Act on Television and Radio Operations, Section 36(a), (744/1998; amendments up to 1068/2007 included), unofficial translation in English available at: http://www.finlex.fi/en/laki/kaannokset/1998/en19980744.pdf.www.finlex.fi/fi/laki/kaannokset/1998/en19980744.pdf. 97 Act on Television and Radio Operations, Section 36(a), (744/1998; amendments up to 1068/2007 included), unofficial translation in English available at: http://www.finlex.fi/en/laki/kaannokset/1998/en19980744.pdf.www.finlex.fi/fi/laki/kaannokset/1998/en19980744.pdf.