PORTUGAL

Expert assessment

It is true that the Lithuanian Media Law covers the "entire media spectrum" including print, online press, and commercial and public broadcasting. However, it is not accurate to claim the Lithuanian Radio and Television Commission (LRTK) is responsible for overseeing all media under this law's scope. The LRTK is responsible for regulating broadcasting and on-demand audiovisual media services (Internet TV and radio), while the Inspector of Journalist Ethics and Lithuania's self-regulatory body, the Journalists and Publishers Ethics Commission, are mainly responsible for overseeing the print and online press. Each institution is responsible for monitoring compliance by different media sectors with different provisions of the Media Law.90

The Media Law contains a set of general content regulations for all media as well as specific regulations that apply to different media sectors. There are also additional laws that regulate different media sectors in Lithuania. For instance, the main content regulations as established under the Media Law and the Law for the Protection of Minors of Minors against the Detrimental Effect of Public Information apply to both commercial and public media. 91 The Law on National Radio and Television contains more specific regulations regarding advertising for public broadcasters.92 In addition, all journalists are legally bound to uphold the Code of Journalistic Ethics, a set of professional codes adopted by the Parliamentary Assembly of the Council of Europe and by the treaties of the Republic of Lithuania, compliance with which is primarily overseen by the Inspector of Journalist Ethics and the Journalists and Publishers Ethics Commission.93

As noted, the Media Law establishes a set general rights, procedures and duties for all "producers and disseminators of public information as well as journalists and publishers in their activities."94 The law defines a "producer of public information" as a provider of an audiovisual media service, a broadcaster of radio programmes, a publishing house, a film, audio or video studio, an information, advertising or public relations agency, an editorial office, a manager of information society media (Internet media), an independent producer, a journalist or any other person producing public information or submitting it for dissemination.95 Hence, this covers all media sectors, including the print and online press, so long as these media qualify as "producers of information."

The law contains general content regulations that apply to these media, which include requirements to present information in a "fair, accurate and impartial manner," provisions on the protection of privacy, the right to reply, the protection of minors, and prohibitions on content that incites hatred or discrimination, instigates war, or slanders another individual. In addition to these general regulations, the Media Law outlines a range of specific programming obligations and regulations for audiovisual media providers,96 TV and radio broadcasters,97 audiovisual on-demand media service providers,98 and for advertisers and audiovisual commercial communications.99 The Media Law also specifies a set of "duties of journalists" regarding professional ethics and reporting practices.100 The law defines a journalist as an individual who on a "professional basis, collects, prepares and presents material to the producer and/or disseminator of public information under a contract with him and/or is a member of a professional journalists' association."101

As noted, compliance with these regulations is delegated to various regulatory entities. The LRTK is responsible for "broadcasters and re-broadcasters of radio and/or television programmes, providers of on-demand audiovisual media services and other persons broadcasting or re-broadcasting audiovisual and/or audio works by electronic communications networks (the Internet)."102 Its remit includes monitoring compliance by TV broadcasters providers of on-demand audiovisual media services with the provisions regarding protection of minors, proportion of European works and works by independent producers in broadcast TV programmes, the right to broadcast events of major importance for society, and regulations on TV advertising and audiovisual commercial communications, sponsorship and product placement.103 The LRTK's authority includes the power to revoke a broadcaster's license for violations to the above-stated content regulations, but any decision to temporarily suspend or revoke a broadcast license must to be sanctioned by a court.104

The Inspector of Journalist Ethics is a state official responsible for overseeing the broader implementation of Media Law,105 with specific competencies over print and non-broadcast media (including online press). The Inspector is responsible for monitoring compliance with provisions regarding the obligation to respect "honour and dignity," the protection of privacy, and provisions on the protection of minors. The Journalists and Publishers Ethics Commission is "a collegial self-regulatory body of producers and disseminators of public information," indirectly supported by the state through the Media Support Foundation.106 Generally, the Journalists and Publishers Ethics Commission oversees the professional ethics of journalists.

Although the "general" regulations apply to all media, including print and online press, in practice, the regulatory authorities take into consideration the specific nature of the media when considering breaches to these rules. However, the application of these regulations to online media, and specifically to blogs, remains a somewhat ambiguous area of the Media Law. For instance, the court in 2009 considered whether a blogger could be considered a "producer of public information" and whether a blog could be considered a "mass medium,"107 and as such, be subject to content regulations under the Lithuanian Media Law.108 The court agreed with the Inspector of Journalist Ethics that a blogger creates and provides information on a website, and as an author of such information is therefore considered to be a "producer of public information" under the Media Law. Since the information is made public on an Internet website, a blog is considered a "mass medium" as defined under the Media Law. According to the court, the general content regulations as established under the Media Law are therefore applicable to bloggers. However, the court held that bloggers are not considered to be journalists, and as such, are not bound by the "Duties of Journalists" as stipulated by Article 41 of the Media Law.

89 See "Criticism 19," 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 90 The "Media Law," or the Law on the Provision of Information to the Public, Official Gazette, 27 July 2006, No. 82-3254, as amended on 30 September 2010, available at: http://www3.lrs.lt/pls/inter3/dokpaieska.showdoc_l?p_id=392982. 91 Law on the Protection of Minors against the Detrimental Effect of Public Information, Official Gazette, 21 July 2009, No. 86-3637, available at: http://www3.lrs.lt/pls/inter3/dokpaieska.showdoc_l?p_id=363137. 92 Law on National Radio and Television, Official Gazette, 31 December 2005, No. 153-5639, as amended on 30 September 2010, available in Lithuanian at: http://www3.lrs.lt/pls/inter3/dokpaieska.showdoc_l?p_id=383728. 93 Code of Journalistic Ethics, adopted at the General meeting of journalists and publishers, April 2005, available at: http://ethicnet.uta.fi/lithuania/code_of_ethics_of_lithuanian_journalists_and_publishers. 94 Article 1 of the Media Law. Per Article 2(73) of the Media Law, "public information" means information intended for public dissemination, except for pornography or information which may not be disseminated to the public under the laws of the Republic of Lithuania, available at: http://www3.lrs.lt/pls/inter3/dokpaieska.showdoc_l?p_id=392982. 95 Media Law, Article 2(74), available at: http://www3.lrs.lt/pls/inter3/dokpaieska.showdoc_l?p_id=392982. 96 Media Law, Article 34, available at: http://www3.lrs.lt/pls/inter3/dokpaieska.showdoc_l?p_id=392982. 97 Media Law, Article 38, available at: http://www3.lrs.lt/pls/inter3/dokpaieska.showdoc_l?p_id=392982. 98 Media Law, Article 40, available at: http://www3.lrs.lt/pls/inter3/dokpaieska.showdoc_l?p_id=392982. 99 Media Law, Article 39, available at: http://www3.lrs.lt/pls/inter3/dokpaieska.showdoc_l?p_id=392982. 100 Media Law, Article 41, available at: http://www3.lrs.lt/pls/inter3/dokpaieska.showdoc_l?p_id=392982. 101 Media Law, Article 2 (87), available at: http://www3.lrs.lt/pls/inter3/dokpaieska.showdoc_l?p_id=392982. 102 Media Law, Article 48(1)(6), available at: http://www3.lrs.lt/pls/inter3/dokpaieska.showdoc_l?p_id=392982. 103 Media Law, Article 48(10), available at: http://www3.lrs.lt/pls/inter3/dokpaieska.showdoc_l?p_id=392982. 104 Media Law, Article 31(15), available at: http://www3.lrs.lt/pls/inter3/dokpaieska.showdoc_l?p_id=392982. 105 Media Law, Article 49(1), available at: http://www3.lrs.lt/pls/inter3/dokpaieska.showdoc_l?p_id=392982. 106 Media Law, Article 46(1), available at: http://www3.lrs.lt/pls/inter3/dokpaieska.showdoc_l?p_id=392982. 107 Media Law, Article 2 (82), available at: http://www3.lrs.lt/pls/inter3/dokpaieska.showdoc_l?p_id=392982. 108 Decision of Vilnius Regional Administrative Court of 17 February 2009, No. I-41-171/2009.