SLOVAKIA

Expert assessment: Sanctions

and Retransmission (RVR)231 are quite strong and include revocation of a license or suspension of a part of the programme not only as the last measure but in some cases also as an immediate regulatory step.232 But because the example cited above does not refer to specific details of how these regulations are implemented, the statement about the RVR’s general regulatory oversight and powers is possibly misleading. The RVR’s sanctioning powers extend only to the media under its regulatory supervision, as granted in the Law on Broadcasting and Retransmission: TV and radio broadcasting, retransmission, online TV broadcasting and on-demand audiovisual services. Print and non-commercial online broadcasting as well as online radio broadcasting are not regulated under this Act, and therefore cannot be sanctioned by the RVR.233 The print sector is regulated by the Press Council, a self-regulatory body, and the Ministry of Culture, which has a limited competency to sanction the press under the Press Act (2008).234 In addition, the Telecommunications Authority has competencies over the electronic and digital communications sector.

As noted, the RVR regulates public and private TV (including select Internet broadcasting) and on-demand audiovisual media services independent of the technology used.235 Public and private Internet radio, including online music and similar on-demand services, is not “broadcasting” according to the law and therefore are not regulated by the RVR. TV broadcast exclusively through the Internet and providers of on-demand services are under (softer) sanctioning powers by the RVR, but they do not need a license (although notification is required).

The RVR can use a range of sanctions against media under its oversight for breaches to a number of technical and content-related regulations and obligations contained in the Law on Broadcasting and Retransmission. Content regulations include a set of “duties” which oblige media to ensure plurality of opinions, objectivity and non-partiality of news and current affairs programmes,236 and to distinguish facts from opinions and to uphold rules for broadcasting during elections campaigns.237 In addition, there are a number of provisions in concerning the protection of human dignity,238 the protection of minors,239 and the right of reply,240 along with programme quotas for European works and independent producers. For instance, concerning the protection human dignity, broadcasters are prohibited from transmitting programmes which: “propagate violence and in a hidden or open form instigate hatred on the basis of gender, race, colour of skin, language, faith and religion, political or other thinking, national or social origin, membership in a national or ethnic group; “propagate war or describe cruel or other inhumane behaviour by means which means inappropriate trivialise, excuse or approve of it;” or “depict without justification scenes of actual violence where an actual account of dying is emphasized in an inappropriate form, or depict persons subjected to physical or psychic suffering in a way which can be considered an unjustified attack on human dignity; this is valid even when it affects persons who have agreed with such depiction.”241

For breaches to the above regulations, the RVR can: (a) warn the broadcaster of the infringement; (b) require the broadcaster to announce the infringement;242 (c) suspend part of or the entire programme in breach of the law; (d) impose a fine; (e) withdraw the license. The law also specifies two conditions when the RVR to revoke a license immediately: first, if the broadcaster propagates violence and in open or hidden form incites to hatred, vilifies, or defames on the basis of gender, race, colour of skin, language, belief or religion, political or other opinion, ethnic or social origin or membership to a nationality or ethnic group; second, if the broadcaster promotes war or depicts cruel or in other way inhumane behaviour in a way that it is improper derogation , apology or approval. However, this can only be done if the broadcaster despite previous sanctions has repeatedly and deliberately and seriously continued to breach these rules.

The RVR can impose a fine if the broadcaster, operator of retransmission (either legal or natural person), or provider of audiovisual on demand media services, after a written warning from the RVR, repeatedly breaches the obligation of which it was previously warned.243 As noted, the RVR can also set a fine without previous warning for various breaches of broadcasting obligations, including violating regulations on respecting human dignity and the protection of minors.244 The fining structure varies according to different media, for instance, the RVR can levy fines up to (EUR 165,000) for commercial television broadcasters and (EUR 49,000) for commercial radio broadcasters for violations to obligations regarding protection of minors. In these cases, the RVR can also require these outlets—including Internet broadcasters—to a broadcast an announcement of the violation245 or order a temporary suspension.246

The RVR can suspend for no more than 30 days a broadcast of a particular show for serious breaches to both technical and above mentioned content-related broadcasting obligations contained in the Broadcasting and Retransmission Act.247 Internet, audiovisual on-demand broadcasters and retransmissions of foreign broadcasts are again under softer regulations. For license revocations, the RVR is empowered to terminate a broadcast license for airing content which “repeatedly intentionally and seriously” breaches the obligations to protect human dignity despite imposed sanctions.248

The RVR has issued more than 1,000 sanctions since 2000. The total amount of fines during this period was about EUR 3.3 million. During this period, there have been 15 cases of revocation/termination of radio licenses, about 45 cases of revocation/termination of TV licenses, in addition to over 80 cases of revocation/termination of registrations for retransmission. Most of these cases were not related to content but rather for breaches to technical requirement of licenses, such as either the illegal transfer of ownership rights.

The RVR applies three general principles in its sanctioning decisions: “prevention,” “graduality” and “adequacy,” which means that the RVR determines the level of sanction while taking into account seriousness, method, duration, consequences and impact of the breach along with any sanctions imposed by the self-regulatory body. The RVR does not have any powers to sanction editors in any way, but this can be done indirectly by broadcasters themselves through the Labour Code or other internal regulations of broadcasters.

Media outlets can appeal to the RVR’s revocation decisions to the Supreme Court within fifteen days of the decision. Sanctions are often automatically suspended (with some exceptions when sanctions enter into force immediately) when they are challenged at the Supreme Court. Between 2000 and 2009, there were over 170 Supreme Court cases involving the RVR’s decisions. In most cases, the decision of the RVR has been upheld by the Supreme Court, and in a minority of cases (about 15 percent) the Supreme Court overturned the decision of the RVR. In exceptional cases, the decisions of the Supreme Court can be appealed to the Constitutional Court, which occurred twice in the past 10 years.

It should be noted, too, that there are other authorities with sanctioning powers in Slovakia: the Telecommunications Regulatory Authority has some competency over digital broadcasting, frequencies and ownership,249 and the Ministry of Culture can also sanction the media under the Press Law, specifically with regards to a print publication’s failure to publish a public announcement in “urgent public matters” or for failure to inform the Ministry about changes to the corporate/ownership data within 30 days.250

230 This example was cited by the Hungarian Government under both “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 231 Council for Broadcasting and Retransmission (RVR): http://www.rada-rtv.sk/en/. 232 Based on cases explicitly enumerated in the Law on Broadcasting and Retransmission (Act No. 308/2000 Coll. on Broadcasting and Retransmission), http://www.culture.gov.sk/uploads/88/tA/88tAUy0RyjKu4YqYKYRqew/act_broadcast.pdf. 233 The print sector is largely self-regulated via codes of ethics established by the Slovak Press Council: http://www.slovakia.culturalprofiles.net/?id=9417. 234 On periodicals and agency news service and the amendment and supplementing of certain acts (Act 167/2008, the “Press Act”). The National Council of the Slovak Republic, 9 April 2008. http://www.culture.gov.sk/uploads/3q/P0/3qP0AW8PvDmgayCVare-sg/act-168.pdf. This act was amended in 2011. 235 This present legal regulation of electronic/digital media is based on technological neutrality and covers audiovisual media services regardless of the technology used for transmission (which includes the Internet), in line with the EU Audiovisual Media Services Directive. 236 Law on Broadcasting and Retransmission, §16(a), available at: http://www.culture.gov.sk/uploads/88/tA/88tAUy0RyjKu4YqYKYRqew/act_broadcast.pdf. 237 Law on Broadcasting and Retransmission, §16(b) and §16(c), available at: http://www.culture.gov.sk/uploads/88/tA/88tAUy0RyjKu4YqYKYRqew/act_broadcast.pdf. 238 Law on Broadcasting and Retransmission, §19, available at: http://www.culture.gov.sk/uploads/88/tA/88tAUy0RyjKu4YqYKYRqew/act_broadcast.pdf. 239 Law on Broadcasting and Retransmission, §20, available at: http://www.culture.gov.sk/uploads/88/tA/88tAUy0RyjKu4YqYKYRqew/act_broadcast.pdf. 240 Law on Broadcasting and Retransmission, §21, available at: http://www.culture.gov.sk/uploads/88/tA/88tAUy0RyjKu4YqYKYRqew/act_broadcast.pdf. 241 Law on Broadcasting and Retransmission, §19(2), available at: http://www.culture.gov.sk/uploads/88/tA/88tAUy0RyjKu4YqYKYRqew/act_broadcast.pdf. 242 The RVR can require the broadcaster to transmit an announcement “when purposeful and necessary to inform the public” about the infringement. The RVR determines the extent, form and broadcasting time of the announcement. 243 Fines are detailed in §67, Law on Broadcasting and Retransmission, available at: http://www.culture.gov.sk/uploads/88/tA/88tAUy0RyjKu4YqYKYRqew/act_broadcast.pdf. 244 Law on Broadcasting and Retransmission, §19, §20(1) and §20(3), available at: http://www.culture.gov.sk/uploads/88/tA/88tAUy0RyjKu4YqYKYRqew/act_broadcast.pdf. 245 Law on Broadcasting and Retransmission, § 64 - §65, available at: http://www.culture.gov.sk/uploads/88/tA/88tAUy0RyjKu4YqYKYRqew/act_broadcast.pdf. 246 Law on Broadcasting and Retransmission, § 66, available at: http://www.culture.gov.sk/uploads/88/tA/88tAUy0RyjKu4YqYKYRqew/act_broadcast.pdf. 247 Law on Broadcasting and Retransmission, §66(1), available at: http://www.culture.gov.sk/uploads/88/tA/88tAUy0RyjKu4YqYKYRqew/act_broadcast.pdf. 248 Law on Broadcasting and Retransmission, §54(1)(e), available at: http://www.culture.gov.sk/uploads/88/tA/88tAUy0RyjKu4YqYKYRqew/act_broadcast.pdf; According to §19(2)(a): a programme service and all of its parts must not: “propagate violence and in a hidden or open form instigate hatred on the basis of gender, race, colour of skin, language, faith and religion, political or other thinking, national or social origin, membership in a national or ethnic group; and §19(2)(c) “depict without justification scenes of violence where an actual account of dying is emphasized in an inappropriate form, or depict persons subjected to physical or psychic suffering in a way which can be considered an unjustified attack on human dignity; this is valid even when it affects persons who have agreed with such depiction.” 249 Telecommunications Regulatory Authority of the Slovak Republic, http://www.teleoff.gov.sk/index.php?ID=9. 250 On periodicals and agency news service and the amendment and supplementing of certain acts (Act 167/2008, the “Press Act”). The National Council of the Slovak Republic, 9 April 2008. http://www.culture.gov.sk/uploads/3q/P0/3qP0AW8PvDmgayCVare-sg/act-168.pdf. This act was amended in 2011.