LITHUANIA

Expert assessments: Data disclosure

The example of the Lithuanian regulation concerning data-disclosure requirements by the Lithuanian Radio and Television Commission (LRTK) is accurate.61 The LRTK may indeed request access to various confidential documents from the media under its regulatory authority. However, it should be noted that there are certain safeguards under the Lithuanian Media Law that serve to prevent the misuse of such power: first, the requested information should be necessary and directly related to LRTK’s performance when carrying out its functions.62 Second, LRTK can request such information only from broadcasters, on-demand audiovisual media service providers, and managers of information society media (Internet).63 Data-disclosure requirements for print and non-broadcast media are not handled by the LRTK but by separate entity, the Inspector of Journalist Ethics.64 Third, LRTK cannot distribute the information obtained if the information contains trade secrets.65 Fourth, parties may appeal the LRTK’s decisions in an administrative court.66

According to the Media Law, the LRTK can request information necessary from these media for conducting its legal functions. Specifically, the body can “obtain free of charge from broadcasters and re-broadcasters of radio and/or television programmes, providers of on-demand audiovisual media services, managers of information society media, state and municipal institutions and agencies, as well as other legal persons, information, including information constituting a commercial secret, necessary for the exercise of the functions of the Commission [LRTK] … [and] documents and other information necessary for investigation of violations of the relevant laws which are assigned to the competence of the Commission.”67 The law further specifies that the LRTK is responsible for protecting the confidentiality of this information: “Members of the Commission [LRTK] and staff of the Administration shall be prohibited from distributing information which is a commercial secret of broadcasters and re-broadcasters of radio and/or television programmes, providers of on-demand audiovisual media services and managers of the information society media.”68 There are no penalties for breaching the LRTK’s data disclosure requirements, and to the author’s knowledge there has never been a case where LRTK’s demands for data were opposed in court.

The Inspector of Journalistic Ethics, a state official responsible for overseeing the implementation of Media Law, can also request data from all media outlets.69 As noted, the Inspector oversees basic registration for print media in Lithuania, which are required to submit information concerning ownership, and this information is published online. Administrative sanctions can be applied for failure to provide the relevant data. The Media Law also allows the Inspector of Journalist Ethics to obtain access to documents of producers and disseminators of public information, even documents containing a “state, official, commercial or bank secret,” and “documents containing information about personal data protected by laws.”70 The Inspector can obtain such information only “in accordance with the procedure set forth by laws … [and] only to the extent it is necessary to perform his functions.”71 Decisions by the Inspector of Journalist Ethics can be reviewed by administrative courts.72

60 See “Criticism 20,” in “Criticisms and answers formulated on the subject of the proposed media act examined in a Europea 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 61 Radio and Television Commission of Lithuania (LTRK), http://www.rtk.lt/en/. The statement cited by the Hungarian Government inaccurately refers to the Radio and Television “Committee.” The correct title is “Commission.” 62 Article 48(3)(1) and(2) of Lithuanian “Media Law,” or the Law on the Provision of Information to the Public, Official Gazette, 27 July 2006, No. 82-3254, as last amended on 30 September 2010, amendments valid since 18 October 2010, available at http://www3.lrs.lt/pls/inter3/dokpaieska.showdoc_l?p_id=392982. 63 Media Law, Article 48(3)(2), available at http://www3.lrs.lt/pls/inter3/dokpaieska.showdoc_l?p_id=392982. 64 See Inspector of Journalist Ethics, at: http://www3.lrs.lt/pls/inter/zetika?r_id=6207&k_id=1&d_id=96765 65 Media Law, Article 47(18), available at http://www3.lrs.lt/pls/inter3/dokpaieska.showdoc_l?p_id=392982. 66 Article 47(13) of the Media Law states: “The decisions of the Commission shall be binding on broadcasters and re-broadcasters of radio and/or TV programmes and providers of on-demand audiovisual media services; persons may appeal to court against the abovementioned decisions within 30 days of the date of their entering into force.” Available at: http://www3.lrs.lt/pls/inter3/dokpaieska.showdoc_l?p_id=392982. 67 Media Law, Article 48(3), available at: http://www3.lrs.lt/pls/inter3/dokpaieska.showdoc_l?p_id=392982. 68 Media Law, Article 47(18), available at: http://www3.lrs.lt/pls/inter3/dokpaieska.showdoc_l?p_id=392982. 69 Media Law, Article 49(1) ), available at: http://www3.lrs.lt/pls/inter3/dokpaieska.showdoc_l?p_id=392982. 70 Media Law, Article 50(2)(2) and (4), available at: http://www3.lrs.lt/pls/inter3/dokpaieska.showdoc_l?p_id=392982. 71 Media Law, Article 50(2)(2) and (4) ) of the available at: http://www3.lrs.lt/pls/inter3/dokpaieska.showdoc_l?p_id=392982. 72 Media Law, Article 50(18) ) states: “The decisions of the Inspector may be appealed against in court within 30 days of their publication or, where the decision is not made public, of receipt of the notification of adoption thereof.” Available at: http://www3.lrs.lt/pls/inter3/dokpaieska.showdoc_l?p_id=392982.