Text consolidated by Valsts valodas centrs (State
Language Centre) with amending laws of:
16 June 2011 [shall come
into force on 7 July 2011];
8 September 2011 [shall come into force on 14 September
2011];
4 October 2012 [shall come into force on 20 October
2012];
14 February 2013 [shall come into force on 15 March
2013];
21 February 2013 [shall come into force on 27 February
2013];
7 March 2013 [shall come into force on 10 April
2013];
18 April 2013 [shall come into force on 22 May
2013];
21 November 2013 [shall come into force on 30 November
2013];
24 April 2014 [shall come into force on 28 May
2014];
23 October 2014 [shall come into force on 26 November
2014];
17 December 2015 [shall come into force on 19 January
2016];
17 December 2015 [shall come into force on 24 December
2015];
2 June 2016 [shall come into force on 10 June
2016];
23 November 2016 [shall come into force on 1 January
2017];
1 December 2016 [shall come into force on 11 December
2016];
22 November 2017 [shall come into force on 1 January
2018];
20 June 2018 [shall come into force on 12 July
2018];
20 June 2019 [shall come into force on 14 July
2019];
3 October 2019 [shall come into force on 9 October
2019];
4 June 2020 [shall come into force on 16 June
2020];
11 June 2020 [shall come into force on 6 July
2020];
5 November 2020 [shall come into force on 1 December
2020];
10 December 2020 [shall come into force on 17 December
2020].
If a whole or part of a
section has been amended, the date of the amending law
appears in square brackets at the end of the section. If
a whole section, paragraph or clause has been deleted,
the date of the deletion appears in square brackets
beside the deleted section, paragraph or clause.
|
The Saeima1 has adopted and
the President has proclaimed the following Law:
Electronic Mass
Media Law
Chapter
I.
General Provisions
Section 1. Terms Used in this
Law
The following terms are used in this Law:
1) broadcasting - the totality of activities that
ensures the production of electronic mass media programmes and
broadcasts, the initial distribution thereof in accordance with
the programme schedule and simultaneous public reception by using
electronic communications networks;
2) broadcasting area of transmission - territory within
which the intensity of a transmitter signal meets the criteria of
qualitative reception specified by international agreements on
broadcasting for each type of reception;
3) audio and audiovisual electronic mass media service
- a service (or a dissociable section thereof) to which the
editorial responsibility of the electronic mass medium shall be
applied and the principal purpose of which is to ensure
informative, entertaining or educational broadcasts and audio and
audiovisual commercial communications for the general public
through public electronic communications networks;
4) audio and audiovisual commercial communication -
television or radio advertising, sponsorship, tele- or radio
shopping, product placement and other audio, visual or
audiovisual announcements which are inserted within a broadcast
or a user-generated video, placed before or after a broadcast or
a user-generated video in return for payment or other
consideration or for self-promotional purpose and which directly
or indirectly promote the goods, services or image of the persons
which are conducting an economic activity;
5) free television - access to a programme without
payment ensured by public and commercial electronic mass
media;
6) split-screen advertising - advertising which appears
at the edge of the frame on a screen simultaneously with a
broadcast as a scrolling text, logo, an advertising spot or
another form of advertising;
7) electronic mass medium - a private person to whom
the broadcasting permit or a retransmission permit has been
issued in accordance with the procedures set out in laws and
regulations or who in accordance with this Law has submitted to
the National Electronic Mass Media Council a notification on the
provision of on-demand electronic mass media services;
8) on-demand audiovisual electronic mass media service
- a service provided by an electronic mass medium and subject to
editorial responsibility of the electronic mass medium which is
provided upon the request of a service recipient at the moment
chosen by them on the basis of a catalogue of programmes
previously offered by the electronic mass medium;
9) conditional access control - a device, software or
other solution which allows the reception of a service only by an
authorised user;
10) extended advertising spot - an advertising the
length of which exceeds 90 seconds;
11) interactive advertising - a form of advertising
during the use of which a viewer has possibilities for accessing
more detailed content of the advertising;
12) cable television - the distribution of programmes
and broadcasts mainly using a cable;
121) user-generated video - a set of moving
images with or without sound constituting an individual item,
irrespective of the length thereof, that is created by a user and
uploaded to a video-sharing platform by that user or any other
user;
122) pay television - access to the
television programme of the electronic mass medium ensured in
exchange for payment;
123) parent undertaking - an undertaking
which controls one or more subsidiary undertakings;
124) subsidiary undertaking - an undertaking
controlled by a parent undertaking, including any subsidiary
undertaking of an ultimate parent undertaking;
13) independent producer - a private person who is not
an electronic mass medium, but who is engaged in the production
of films, advertising, individual radio or television
broadcasts;
14) self-promotion - announcements distributed by an
electronic mass medium in its own programme or catalogue of
programmes by information on its own programme or broadcasts or
other programme or broadcasts of the same electronic mass media
group of undertakings, or on derivative works which are directly
obtained from the programme or broadcasts;
141) beneficial owner - a natural person
which corresponds to the term "beneficial owner" used in the Law
on the Prevention of Money Laundering and Terrorism and
Proliferation Financing;
15) private person - a natural person, a legal person
governed by private law or an association of such persons;
16) product placement - any audio and audiovisual
commercial communication which includes products, services or
their trademarks or references to the relevant products, services
or their trademarks and which is featured within a broadcast or a
user-generated video in return for payment or other
consideration;
17) programme - a broadcast or a package of broadcasts
under one title produced by an electronic mass medium;
171) main audio language of a programme - a
language which has been determined in the principal conditions of
the broadcasting permit issued by the National Electronic Mass
Media Council and that must be ensured regardless of the type of
distribution of the television programme;
18) distribution of programmes - the transmission of
programmes to the technical means of transmission and their
transmission for public reception in the form of an open or
protected service using public electronic communications
networks;
19) public reception - the possibility to receive a
programme or catalogue of broadcasts distributed by an electronic
mass medium with or without payment in any place within the area
of distribution of the public electronic communications network
of the relevant programme;
20) radio shopping window - radio shopping the duration
of which exceeds 15 minutes;
21) radio shopping - direct audio communication
addressed to the public with the purpose of offering goods,
including immovable property or services, rights and obligations,
in return for payment;
22) broadcast - a set of moving images with or without
sound or audio work within a radio programme constituting an
individual item, irrespective of its length, within a programme
or a catalogue, and which is created by an electronic mass
medium;
23) broadcasting - distribution of programmes for
reception by the public. This term does not include on-demand
services;
24) transmission time - the period within
twenty-four-hour during which an electronic mass medium
distributes a programme within a certain territory;
25) natural clock hour - the time period which lasts
from the first minute to the last minute inclusive of the full
hour of the relevant twenty-four-hour time period;
251) editorial decision - a decision which
is taken on a regular basis for the purpose of exercising
editorial responsibility and linked to the day-to-day activities
of the audio and audiovisual electronic mass medium;
26) advertising - any announcement distributed for
payment or other consideration, as well as the broadcast by any
person connected with a trade, entrepreneurship, position or
profession which is produced for the purpose of advertising in
order to promote the offer of goods, including immovable property
or services, rights and obligations, for payment or other
remuneration, as well as political advertising;
27) advertising spot - advertising the length of which
does not exceed 90 seconds;
28) retransmission - the reception and immediate
complete or partial distribution of a programme in Latvia in the
public electronic communications network without making any
changes in the programme or the content of the broadcast. The
translation (by dubbing or subtitling) of a programme or
broadcast shall not be considered to be changes in the content if
it is done with the consent of the holder of the rights to the
programme;
29) [10 December 2020 / See Paragraph 40 of Transitional
Provisions];
291) group of undertakings - a parent
undertaking, all of its subsidiary undertakings and all other
organisationally, economically and legally related
undertakings;
30) satellite television and satellite radio -
distribution of programmes and broadcasts through satellite;
31) surreptitious audio and audiovisual commercial
communication of an electronic mass medium - the
representation in words or pictures of goods, services, the name,
the trademark or the activities of a producer of goods or a
provider of services when such representation is intended by the
electronic mass medium to serve as an audio or audiovisual
commercial communication and might mislead the public as to its
nature. Such representation shall, in particular, be considered
as intentional if it is done in return for payment or for a
similar consideration;
32) sponsorship - any contribution made by a person not
engaged in providing audio and audiovisual electronic mass media
or video-sharing platform services, in producing audio or
audiovisual works, programmes or broadcasts to the financing of
electronic mass media, broadcasts, video-sharing platform
services or user-generated videos with a view to promoting their
name, trademark, image, activities or product;|
321) television programme distribution
service - a service which ensures the possibility to receive
a television programme in the terminal of a user, including by
distributing or retransmitting the programme. This definition
shall not apply to the cases referred to in Section 13 of this
Law;
33) teleshopping window - teleshopping the duration of
which exceeds 15 minutes;
34) teleshopping - a direct audiovisual communication
addressed to the public with the purpose of offering goods,
including immovable property or services, rights and obligations,
in return for payment or other consideration;
341) language track - a soundtrack which
differs from the main audio language of the programme;
342) video-sharing platform service - a
service (or a dissociable section thereof) to which the editorial
responsibility shall not be applied and the principal purpose of
an essential functionality of which is to offer informative,
entertaining or educational broadcasts and user-generated videos
for the general public through public electronic communications
networks and the organisation of which is determined by the
service provider, including by automatic means or algorithms in
particular by displaying, tagging and sequencing;
35) virtual advertising - advertising which is placed
electronically on the screen image during a broadcast;
36) terrestrial transmitter - a transmitter which
transmits programmes and broadcasts of electronic mass media by
distributing a signal via an antenna without an artificial
conductor for the provision of any such radio communications
which are not space radiocommunication or radio astronomy;
37) satellite up-link - a terminal of an electronic
communications network placed on the earth's surface for delivery
of programmes and broadcasts of electronic mass media to
transmission technical devices which are located in Space.
[4 October 2012; 14 February 2013; 18 April 2013; 23
October 2014; 17 December 2015; 20 June 2018; 11 June 2020;
5 November 2020; 10 December 2020]
Section 2. Purpose and Scope of
Application of this Law
(1) This Law governs the procedures and provisions for the
operation of the electronic mass media under the jurisdiction of
Latvia and also the operation of other right-holders in the cases
provided for in this Law.
(2) The objectives of this Law are:
1) to ensure freedom of expression, general access to socially
significant information, the unhindered maintenance and
development of free democratic discussion, providing the
possibility for every inhabitant of Latvia to form an opinion
independently on the processes occurring in the State and, thus,
promoting his or her participation as a member of a democratic
society in the development of decisions related to these
processes;
2) to determine the procedures for the formation,
registration, operation and supervision of the electronic mass
media under the jurisdiction of the Republic of Latvia regardless
of the way in which the information intended for public reception
is distributed in electronic communications networks;
3) [10 December 2020 / See Paragraph 40 of Transitional
Provisions];
4) to promote the integration of society on the basis of the
Latvian language; while fulfilling the requirements of the
Official Language Law, to promote the full implementation of the
constitutional functions of the Latvian language as the official
language of Latvia, paying special attention that it should serve
as the common language of mutual communication of all inhabitants
of Latvia; to ensure its preservation and use, determining the
procedures appropriate for the public interests whereby the
electronic mass media under the jurisdiction of Latvia shall use
the official language during the transmission time and
concurrently envisaging the right to use languages of minorities
and other languages in the electronic mass media.
(3) The provisions of this Law shall be applicable to the
distribution of audiovisual programmes of the electronic mass
media in the Internet environment, if the relevant programme is
distributed therein in unchanged form without using technical
recording means. The provisions of this Law shall not apply to
the audiovisual information of other types which is placed and
available in the Internet environment.
(4) The provisions of this Law shall not be applicable to the
electronic mass media services intended for reception only in
those states which are not European Union Member States or
European Convention on Transfrontier Television Member States and
which are not received with standard consumer equipment directly
or indirectly by the public in one or more European Union Member
States, as well as in European Convention on Transfrontier
Television Member States.
[23 November 2016; 10 December 2020]
Chapter
II.
Electronic Mass Media
Section 3. Electronic Mass Media and
Providers of the Distribution Services of the Television
Programmes under the Jurisdiction of Latvia
(1) Electronic mass media which are subject to editorial
responsibility shall be under the jurisdiction of Latvia if they
are established in Latvia in accordance with Paragraph two of
this Section or correspond to the conditions of Paragraph three
of this Section. The providers of the distribution services of
television programmes shall be under the jurisdiction of Latvia
if they provide the distribution services of television
programmes in Latvia.
(2) In order to determine whether an electronic mass medium is
established in Latvia, the following criteria shall be
applied:
1) if the head office of the electronic mass medium is located
in Latvia and editorial decisions on the services of the
electronic mass medium are taken in Latvia, it shall be
considered that the electronic mass medium is established in
Latvia;
2) if the head office of the electronic mass medium is located
in Latvia but editorial decisions on the activity of the
electronic mass medium are taken in another European Union Member
State, a Member State to the European Convention on Transfrontier
Television or a European Economic Area State, it shall be deemed
that the relevant electronic mass medium is established in the
state where a significant part of the workforce involved in the
activity of the electronic mass medium is employed. If a
significant part of the workforce involved in the activity of the
electronic mass medium is employed in both states, it shall be
deemed that the electronic mass medium is established in the
state where its head office is located. If a significant part of
the workforce involved in the activity of the electronic mass
medium is employed in none of these, it shall be deemed that the
electronic mass medium is established in the state in which it
first began its activity in accordance with the laws and
regulations of the relevant state - provided that it maintains a
stable and effective link with the economy of the relevant
state;
3) if the head office of the electronic mass medium is located
in Latvia but editorial decisions on its activity are taken in a
state other than a European Union Member State, a Member State to
the European Convention on Transfrontier Television or a European
Economic Area State or vice versa, it shall be deemed that the
relevant electronic mass medium is established in Latvia -
provided that a significant part of the workforce involved in the
activity of the electronic mass medium is employed in Latvia.
(3) Electronic mass media under the jurisdiction of Latvia are
also those to whom the provisions of Paragraph two of this
Section do not apply but which comply with the following
conditions:
1) they use a satellite up-link located in the territory of
Latvia;
2) they do not use a satellite up-link located in the
territory of Latvia, but use satellite capacity owned by
Latvia.
(4) If it is not possible to determine which European Union
Member State has jurisdiction over an electronic mass medium
according to the provisions of Paragraphs two and three of this
Section, the competent Member State shall be that where the
electronic mass medium is pursuing an economic activity within
the meaning of Articles 49, 50, 51, 52, 53, 54, and 55 of the
Treaty on the Functioning of the European Union.
(5) An electronic mass medium shall, within 14 days, inform
the National Electronic Mass Media Council of the changes which
may affect the determination of jurisdiction in accordance with
Paragraph two of this Section.
(6) An electronic mass medium shall, within 14 days, inform
the National Electronic Mass Media Council if it will provide a
service which is wholly or mostly directed towards an audience in
other European Union Member State or European Economic Area
State. The National Electronic Mass Media Council shall inform
the relevant regulatory authority in the Member State of the
target audience thereof.
(7) The National Electronic Mass Media Council shall establish
and update a list of the electronic mass media existent in the
jurisdiction of Latvia on a regular basis, and also specify the
criterion determining the jurisdiction in accordance with
Paragraph two of this Section. The National Electronic Mass Media
Council shall inform the European Commission of the
abovementioned list, including of any updates thereto.
(8) If, in applying Paragraph two of this Section, it is not
possible to agree on the jurisdiction with another Member State,
the National Electronic Mass Media Council shall submit the
matter to the European Commission within 14 days after receipt of
the refusal of the relevant Member State to agree on the
jurisdiction.
[14 February 2013; 17 December 2015; 5 November
2020]
Section 4. Types of Electronic Mass
Media
(1) The electronic mass media are divided according to their
purpose of activity and type of distribution, as well as
according to the area of transmission.
(2) The electronic mass media shall be divided into public,
commercial and non-commercial mass media according to the purpose
of the activity.
(3) The electronic mass media shall be divided into
terrestrial broadcasting, satellite, cable, Internet and other
electronic mass media according to the type of distribution.
(4) The electronic mass media to which a broadcasting permit
has been issued shall be divided into national, regional, local
and transfrontier electronic mass media according to the coverage
area. Division into national, regional and local electronic mass
media shall apply to those electronic mass media whose programmes
are distributed using a terrestrial transmitter.
Section 5. Public Electronic Mass
Media
Public electronic mass media are electronic mass media the
principal purpose of which is the production and distribution of
programmes of the public service remit and provision of services.
The legal status of public mass media and the administration
thereof shall be determined by the Law on Public Electronic Mass
Media and Administration Thereof.
[10 December 2020 / The new wording of the Section
shall come into force on 1 January 2021. See Paragraph 40
of Transitional Provisions]
Section 6. Commercial Electronic
Mass Media
(1) The commercial electronic mass media shall be undertakings
registered in accordance with the procedures specified in laws
and regulations.
(2) The commercial electronic mass media shall ensure their
operations financially with revenue from commercial activity,
sponsorship or subscribers' payments for programmes.
Section 7. Non-commercial Electronic
Mass Media
(1) The purpose of operation of the non-commercial electronic
mass media shall not be the gaining of profit and the service
provided by them shall be intended for a particular audience with
common interests.
(2) Retransmission of programmes and broadcasts of other
electronic mass media in the service or programme of a
non-commercial electronic mass media shall be prohibited, as well
as distribution of audio and audiovisual commercial
communications.
(3) A non-commercial electronic mass medium which uses its own
service or programme distribution means may distribute programmes
or broadcasts produced by other electronic mass media upon
receipt of a permit from the relevant commercial or
non-commercial electronic mass medium and coordinating it with
the National Electronic Mass Media Council beforehand.
Section 8. Transfrontier Electronic
Mass Media
(1) Transfrontier electronic mass media are those which use a
terrestrial or satellite transmitter or a public electronic
communications network in the territory of Latvia to broadcast or
retransmit programmes which may be directly or indirectly
received in one or more states outside the territory of
Latvia.
(2) The norms of this Law that regulate broadcast or
retransmission shall apply to transfrontier electronic mass
media.
Section 9. National Electronic Mass
Media
(1) National electronic mass media are those whose services
may be received by at least 60 per cent of the inhabitants of
Latvia or whose broadcasting area of transmission covers the
greater part of the territory of the State, in so far as it is
not otherwise provided for in Paragraph two of this Section.
(2) In respect of the distribution of television programmes,
the national electronic mass media shall be those whose
broadcasting area of transmission of the television programmes it
produces is at least 99 per cent of the territory of Latvia.
(3) The National Electronic Mass Media Council may permit the
national electronic mass media referred to in Paragraph one of
this Section to enlarge the broadcasting area of transmission of
the programmes, if this has been provided for in the national
strategy for the development of the electronic mass media
sector.
[24 April 2014]
Section 10. Regional Electronic Mass
Media
(1) Regional electronic mass media are those whose
broadcasting area of transmission of the programmes is not less
than 20 per cent of the territory of Latvia, in so far as it is
not otherwise provided for in Paragraph two of this Law.
(2) In respect of the distribution of television programmes,
the regional electronic mass media shall be the mass media the
broadcasting area of transmission of television programmes
produced by which is at least one area of transmission
corresponding to the regional broadcasting area planning provided
for in the international agreements binding on Latvia.
(3) The National Electronic Mass Media Council may allow the
regional electronic mass media to enlarge the broadcasting area
of transmission of the programmes, if this has been provided for
in the national strategy for the development of the electronic
mass media sector.
Section 11. Local Electronic Mass
Media
Local electronic mass media shall be those whose broadcasting
area of transmission of programmes is less than the area of
transmission of regional electronic mass media as specified in
Section 10 of this Law.
Section 12. Digital Terrestrial
Broadcasting of Television Programmes of Electronic Mass
Media
Terrestrial broadcasting of television programmes of
electronic mass media shall be in digital format.
Section 13. Ensuring the
Distribution of Programmes of Electronic Mass Media
(1) The State stock company Latvian Radio and Television
Centre shall ensure the following:
1) distribution of the radio programmes of such electronic
mass media in analogue format that do not have their own
technical means for distribution. This provision shall not apply
to the operation of cable radio and satellite radio;
2) distribution of the radio programmes of a public electronic
mass medium in the territory of the State in analogue format;
3) direct distribution of the television programmes of a
public electronic mass medium, free television programmes of
commercial national and regional mass media in the entire
territory of the State with terrestrial transmitters upon
agreement with the respective public, national and regional
electronic mass media on technical conditions for the
distribution of programmes;
4) possibility for end-users to report on the signal reception
disturbances of free television programmes and elimination of
transmission-related problems;
5) distribution of pay television programmes in the case
determined in Section 72, Paragraph one of this Law.
(11) The shares of the State stock company Latvian
Radio and Television Centre may not be alienated.
(2) For the execution of the tasks referred to in Paragraph
one, Clauses 3 and 5 of this Section, the State stock company
Latvian Radio and Television Centre shall receive the rights for
the use of radio frequency spectrum at the Public Utilities
Commission for a period equivalent to that for which the rights
to ensure pay television services are granted in accordance with
the tender by-law referred to in Section 72, Paragraph two of
this Law and the permit for the use of frequency allotment for
the arrangement and use of television broadcasting equipment at
the State stock company Electronic Communications in accordance
with the procedures laid down in the Electronic Communications
Law and in accordance with the radio frequency spectrum allotment
determined in the National Radio Frequency Plan for terrestrial
digital television broadcasting systems and binding international
treaties on broadcasting.
(3) In the case referred to in Paragraph one, Clause 3 of this
Section, the State stock company Latvian Radio and Television
Centre shall ensure to end-users for free the terrestrial digital
broadcasting of those television programmes produced by
electronic mass media that are included in the list of programmes
to be distributed to end-users for free which has been approved
by the National Electronic Mass Media Council. The criteria for
the inclusion of electronic mass media programmes in the list of
programmes to be distributed to end-users for free shall be
determined in the national strategy for the development of the
electronic mass media sector. The abovementioned decision shall
be taken in accordance with the Administrative Procedure Law. The
appeal of the decision shall not suspend its operation. The
decision shall be published in the official gazette Latvijas
Vēstnesis.
(4) Local electronic mass media to which a broadcasting permit
has been issued for the distribution of a television programme in
digital format have the right to receive a permit for the use of
frequency allotment and to arrange their own distribution means
in accordance with the procedures specified in the Electronic
Communications Law or to use the distribution services of
programmes provided by communications merchants.
(5) If the available frequency spectrum resource does not
allow to determine separate frequency allotments for digital
transmission of several local electronic mass media television
programmes in the same geographical territory, a condition on the
use of a joint transmitter shall be included in the tender
provisions for granting broadcasting rights and the broadcasting
permit.
(6) The respective electronic communications merchant shall
collect a fee from the electronic mass medium for terrestrial
digital broadcasting with terrestrial transmitters of pay
television programmes, and the tariff calculation methodology
thereof shall be determined by the Cabinet.
(7) The National Electronic Mass Media Council shall, upon
entering into the contract with valsts akciju sabiedrība
"Latvijas Valsts radio un televīzijas centrs" [State stock
company Latvian Radio and Television Centre], secure payments
from the funds intended in the State budget for the distribution
of the television programmes included in the list of programmes
to be distributed to end-users for free with terrestrial
transmitters by complying with the norms for the control of aid
for commercial activity. The payments shall be calculated in
conformity with the methodology for the calculation of tariffs
which is determined by the Cabinet.
[14 February 2013; 23 October 2014; 20 June 2018 /
New wording of Paragraph one, Clause 3 and Paragraph six shall
come into force on 1 January 2020. See Paragraph 35 of
Transitional Provisions]
Section 14. Prohibition of Abuse of
a Dominant Position by an Electronic Mass Medium
Abuse of a dominant position of an electronic mass medium is
prohibited. Within the meaning of this Law the position when the
market share of an electronic mass medium in Latvia in a
particular market exceeds 35 per cent shall be considered as a
dominant position.
Chapter
III.
Broadcasting Permit, Retransmission Permit and Annulment Thereof,
Registration of Electronic Mass Media and Termination of
Operation Thereof
[17 December 2015]
Section 15. Broadcasting Rights
(1) Broadcasting rights are the right to produce and
distribute a programme at a specified transmission time,
geographic territory and form.
(2) Broadcasting rights are granted in accordance with the
national strategy for the development of the electronic mass
media sector. The granted broadcasting rights shall not be
transferred to another person except for the case referred to in
Paragraph three of this Section.
(3) [10 December 2020 / See Paragraph 40 of Transitional
Provisions]
(4) Broadcasting rights shall be granted on the basis of a
person's submission. If the resource of radio frequencies is
necessary for the operation of an electronic mass medium, the
broadcasting rights shall be granted in accordance with a tender
procedure.
(5) If the expected broadcasting area of transmission of
programmes is fully or mainly the territory of another European
Union Member State or European Convention on Transfrontier
Television Member State, the National Electronic Mass Media
Council shall, prior to granting the broadcasting rights, consult
with the supervisory body of the electronic mass media of the
relevant country.
(6) On the basis of the national strategy for the development
of the electronic mass media sector the broadcasting rights are
first granted to public mass media without a tender and
limitation of term. The public electronic mass media shall not
pay the State fee for the issue of a broadcasting permit.
(7) The technical use of the broadcasting frequency spectrum
in accordance with the Electronic Communications Law shall be
planned by the State stock company Electronic Communications. The
State stock company Electronic Communications shall provide
information to the National Electronic Mass Media Council on the
technical plan for the use of the frequency spectrum and also the
free frequency allotments for the use of which broadcasting
rights may be granted.
(8) Upon determining frequency allotments for the transmission
of television programmes produced by local electronic mass media,
the State stock company Electronic Communications shall ensure
that they do not restrict the national and regional networks of
digital television and do not violate the provisions of the
international treaties on broadcasting.
(9) An annual State fee shall be paid for monitoring the
exercise of the broadcasting rights of commercial transfrontier
television programmes or commercial national television
programmes. The Cabinet shall determine the amount, procedures
for payment and relief of a State fee.
[14 February 2013; 22 November 2017; 10 December
2020]
Section 16. Procedures for Granting
Broadcasting Rights by Means of a Tender
(1) The National Electronic Mass Media Council in accordance
with this Law and the national strategy for the development of
electronic mass media sector shall announce a tender for granting
broadcasting rights in a specified geographic territory for
national, regional or local electronic mass media (Sections 9,
10, and 11).
(2) An announcement on the invitation to tender shall be
published on the website of the National Electronic Mass Media
Council, in the official gazette Latvijas Vēstnesis
and also in the local newspaper if the invitation to tender is
announced for regional or local broadcasting. The announcement
must include the following information:
1) type of activity of the electronic mass media (commercial
or non-commercial electronic mass media);
2) requirements in respect of the programme (the scope of
activity of an electronic mass medium), the amount of
transmission time, conditions of language use, programme format
and other requirements which the National Electronic Mass Media
Council has determined in the by-law of the tender:
3) area of transmission;
4) term of validity of the broadcasting permit;
5) time of the commencement of operations;
6) tender participation fee;
7) deadline for submitting the application.
(3) Natural persons and legal persons registered in Latvia,
European Union Member States and European Economic Area States or
associations of natural and legal persons may participate in a
tender.
(4) A participant in a tender shall submit an application
specifying:
1) for a natural person - name, surname, personal identity
number;
2) for a legal person and association of persons - name,
registration number, address and information regarding the
owners.
(5) An application shall be accompanied by:
1) principal conditions of operation, specifying the intended
name of the programme, the programme format, the language, as
well as other information which the National Electronic Mass
Media Council has determined in the by-law of the tender or which
the applicant considers important;
2) development plan of operation of the electronic mass medium
and documents which confirm the possible sources of financing for
at least the first year of operation;
3) a document confirming payment of the tender participation
fee.
(6) Not later than a month before determining the results of
the tender, the National Electronic Mass Media Council shall
publish the information on the participants to the tender,
principal conditions of the programmes offered by them and
possible sources of financing on its website, in the official
gazette Latvijas Vēstnesis, and also in a local newspaper
if the tender was announced for a regional or local broadcasting.
The Council shall not publish the information which a participant
in the tender has specified as a business secret.
[24 April 2014; 5 November 2020]
Section 17. Determination of the
Results of a Tender
(1) Application complying with the provisions of the
invitation to tender shall be evaluated in the tender. Basic
criteria for the assessment shall be the creative, financial and
technical provision of the concept and also the amount of the
official language during the transmission time of a programme
produced by audiovisual national or regional electronic mass
medium.
(2) Results of the invitation to tender shall be determined
not later than three months after the last day of the deadline
for applications.
(3) The National Electronic Mass Media Council shall take a
decision on the results of the invitation to tender which within
10 days after the day of taking thereof shall be published in the
official gazette Latvijas Vēstnesis, and also in a local
newspaper if the tender was announced for regional or local
broadcasting.
(4) A decision of the National Electronic Mass Media regarding
the results of a tender may be appealed to the Administrative
District Court within a month after the day of coming into force
thereof.
(5) The appeal of a decision shall not suspend the application
thereof.
[24 April 2014; 23 October 2014]
Section 18. Broadcasting Permit
(1) A broadcasting permit shall certify the right of an
electronic mass medium to produce and distribute programmes and
determine the rights and obligations thereof. A broadcasting
permit shall be issued by the National Electronic Mass Media
Council.
(2) A broadcasting permit shall be issued for 10 years.
(3) A State fee shall be paid for the issue of a broadcasting
permit and review of the principal conditions of the broadcasting
permit, and the amount, procedures for payment and relief of such
fee shall be determined by the Cabinet.
(4) In order to receive a broadcasting permit a private person
(including the winner of a tender), regardless of the country of
registration or the place of residence thereof, shall submit an
application to the National Electronic Mass Media Council by
appending thereto information on the beneficial owner thereof and
the certification of the electronic communications merchant
ensuring the distribution of the respective programme or service
regarding the distribution of this programme or service. If a
radio frequency resource is not necessary for the production and
distribution of the programme, the principal conditions of
activity shall be attached to the application specifying the
intended name of the programme, the programme format, the
language, information regarding the owners, as well as other
information which the applicant considers important; a plan for
the development of operation of an electronic mass medium and
documents which attest to the possible sources of financing for
at least the first year of operation.
(41) In the event of a change in the beneficial
owner of the electronic mass medium to which the broadcasting
permit has been issued, the electronic mass medium shall
immediately, but not later than within 14 days from the date of
finding out the respective information, submit to the National
Electronic Mass Media Council information on the change of the
beneficial owner.
(42) In order to assess the information provided on
the beneficial owner, the Council has the right to request for an
opinion from competent State security institutions, a supervisory
and control authority of the Law on the Prevention of Money
Laundering and Terrorism and Proliferation Financing, and
competent authorities determined in the Law on International
Sanctions and National Sanctions of the Republic of Latvia and
also from competent authorities of other countries.
(43) When assessing the information on a beneficial
owner, the Council shall take into account whether:
1) it endangers national security or significantly endangers
public order or security;
2) it operates in an anti-government or criminal organisation
or is a member thereof;
3) international or national sanctions in conformity with the
Law on International Sanctions and National Sanctions of the
Republic of Latvia are applicable to it;
4) it has been punished for any of the criminal offences
referred to in Chapters IX, IX1 or X of the Criminal
Law.
(44) By taking into account the information at the
disposal of the Council, and also the information provided by a
competent authority on a beneficial owner, the Council shall take
the decision to issue a broadcasting permit to an electronic mass
medium or the decision to refuse to issue a broadcasting permit,
or the decision to cancel an issued broadcasting permit. The
appeal of the decision shall not suspend its operation.
(45) If it is necessary for the court to verify the
information containing official secret for the purpose of
objective examination of the circumstances of the case, only the
court may become familiar with such information and assess it.
The court shall indicate in a ruling that such information has
been assessed.
(46) The Council and competent authorities may
request additional information and documents from an applicant
which are necessary for the assessment of the application, and
also an explanation if the information at the disposal of the
Council fails to comply with the requirements of this Law.
(5) If the winner of the tender or such national or regional
electronic mass medium to which the rights to expand the
programme broadcasting coverage area have been granted based on
the decision by the National Electronic Mass Media Council fails
to take out the broadcasting permit within 12 months from the
date on which the decision on tender results or the decision on
expanding the coverage area has come into force or fails to start
operations within 15 months, the National Electronic Mass Media
Council shall cancel the abovementioned decision.
(6) Upon the expiry of the term of validity of a broadcasting
permit, a new broadcasting permit shall be issued for the
electronic mass medium without a tender, if during its last year
of operation violations of this Law have not been determined by a
court judgement that is in force.
(7) The electronic mass medium to which a broadcasting permit
has been issued in accordance with the procedures specified in
Section 16 of this Law has the right to receive a permit for the
use of frequency allotment and to arrange their own distribution
means in accordance with the procedures specified in the
Electronic Communications Law, taking into account that laid down
in Section 13, Paragraph two of this Law, or to use the
distribution services of programmes provided by communications
merchants.
(8) The electronic mass media to which a broadcasting permit
has been issued have an obligation to ensure the broadcasting
coverage area specified in the permit.
(9) If the operation of an electronic mass medium is
terminated, the broadcasting permit shall be considered null and
void and must be returned to the National Electronic Mass Media
Council.
[14 February 2013; 24 April 2014; 22 November 2017; 20 June
2018; 11 June 2020]
Section 19. Retransmission Permit,
Additional Conditions for the Provision of the Services of the
Distribution of Retransmission and Television Programmes
(1) For retransmission and distribution of programmes on
public electronic communications networks, it is necessary to
receive the consent of the owner (holder) of the programme to be
retransmitted and a retransmission permit from the National
Electronic Mass Media Council.
(11) A local electronic mass medium may not
retransmit such television programmes which are already being
transmitted or retransmitted in the national or regional
electronic communications networks of terrestrial television
broadcasting.
(12) The provider of the distribution services of
television programmes shall receive programmes from the source
specified by the owner (holder) of the respective programme,
unless provided for otherwise by this Law. Upon fulfilling the
duties provided for in Paragraphs six and 6.1 of this
Section, the electronic mass medium, which provides the
distribution services of television programmes, for programme
reception is entitled to use the signal of the respective
television programme which is received by end-users for free in
digital terrestrial broadcasting.
(2) In order to receive a retransmission permit a private
person, regardless of the country of registration or the place of
residence thereof, shall submit to the National Electronic Mass
Media Council an application by appending thereto information on
the beneficial owner thereof, the list of programmes to be
retransmitted and, if necessary, a document certifying the
registration at the Public Utilities Commission, and also shall
pay a State fee. Each year by the last working day of the first
month of the year, the retransmission permit shall be
re-registered whereof a State fee shall be paid and information
requested by the National Electronic Mass Media Council shall be
submitted to it for the continuation of the programme
retransmission. The Cabinet shall determine the amount,
procedures for payment and relief of a State fee.
(21) In the event of a change in the beneficial
owner of the electronic mass medium to which the retransmission
permit has been issued, the electronic mass medium shall
immediately, but not later than within 14 days from the date of
the finding out the respective information, submit to the
National Electronic Mass Media Council information on the change
of the beneficial owner.
(22) In order to assess the information provided on
the beneficial owner, the Council has the right to request for an
opinion from competent State security institutions, a supervisory
and control authority of the Law on the Prevention of Money
Laundering and Terrorism and Proliferation Financing, and
competent authorities determined in the Law on International
Sanctions and National Sanctions of the Republic of Latvia and
also from competent authorities of other countries.
(23) When assessing the information on a beneficial
owner, the Council shall take into account whether:
1) it endangers national security or significantly endangers
public order or security;
2) it operates in an anti-government or criminal organisation
or is a member thereof;
3) international or national sanctions in conformity with the
Law on International Sanctions and National Sanctions of the
Republic of Latvia are applicable to it;
4) it has been punished for any of the criminal offences
referred to in Chapters IX, IX1 or X of the Criminal
Law.
(24) By taking into account the information at the
disposal of the Council, and also the information provided by a
competent authority on a beneficial owner, the Council shall take
the decision to issue a retransmission permit to an electronic
mass medium or the decision to refuse to issue a retransmission
permit, or the decision to cancel an issued retransmission
permit. The appeal of the decision shall not suspend its
operation.
(25) If it is necessary for the court to verify the
information containing official secret for the purpose of
objective examination of the circumstances of the case, only the
court may become familiar with such information and assess it.
The court shall indicate in a ruling that such information has
been assessed.
(26) The Council and competent authorities may
request additional information and documents from an applicant
which are necessary for the assessment of the application, and
also an explanation if the information at the disposal of the
Council fails to comply with the requirements of this Law.
(3) If it is necessary to have a frequency resource to
retransmit, a retransmission permit shall be issued in accordance
with the procedures specified in Section 16 of this Law. The
electronic mass medium to which a retransmission permit has been
issued in accordance with the procedures specified in Section 16
of this Law has the right to receive a permit for the use of
frequency allotment and to arrange their own distribution means
in accordance with the procedures specified in the Electronic
Communications Law, taking into account that laid down in Section
13, Paragraph two of this Law, or to use the distribution
services of programmes provided by an electronic communications
merchant.
(4) An electronic communications merchant under the
jurisdiction of Latvia which has received the retransmission
permit of a relevant programme shall be responsible for the
compliance of the content of such programmes to be retransmitted
with the requirements of this Law to the initial distribution of
which the jurisdiction of the European Union Member States or
European Convention on Transfrontier Television Member States is
not applied.
(5) [17 December 2015]
(6) The provider of the distribution services of television
programmes shall ensure the supply of the television programmes
of the public electronic mass media distributed in Latvia to all
subscribers in an unchanged form. A retransmission permit shall
not be necessary for the distribution of such programmes in the
relevant public electronic communications networks. The relevant
electronic mass medium shall not collect a fee for ensuring the
distribution of public electronic mass media television
programmes from the public electronic mass medium whose
programmes are distributed by it, meanwhile the public electronic
mass medium whose programmes are being distributed shall not
collect a fee from the electronic mass medium which distributes
its programmes.
(61) The provider of the television programme
distribution service shall ensure the supply of commercial
national electronic mass media television programmes distributed
in Latvia to all subscribers in an unchanged form which by using
the technical means of terrestrial broadcasting are available to
the end-user for free, unless the relevant mass medium requests a
fee for the distribution of its programmes. If a commercial
national electronic mass medium does not request a fee for the
distribution of its programme, no retransmission permit shall be
needed for such programme distribution in public electronic
communications networks. The provider of the television programme
distribution service shall not collect a fee for the distribution
of such commercial national electronic mass media television
programmes from such commercial national electronic mass medium
whose programmes it distributes. If it is necessary to cover
expenses related to ensuring a satellite signal, but the
commercial national electronic mass medium does not cover such
expenses, the provider of the television programme distribution
service has no obligation to ensure the distribution of the
respective programme by using the satellite.
(62) Commercial national electronic mass media
shall ensure equal and non-discriminatory retransmission terms
for electronic mass media which retransmit or wish to retransmit
their programmes.
(7) [21 November 2013 / See Paragraph 25 of Transitional
Provisions.]
(8) Upon concluding the relevant service contract, the
electronic mass media which retransmit television programmes
using cable television shall include in their programme offer the
regional or local electronic mass media television programmes
available in the respective territory which by using the
technical means of terrestrial broadcasting are available to the
end-user for free. The abovementioned condition shall be
applicable to the distribution of such programmes whose
transmission duration is at least six hours per day, unless the
electronic mass medium which retransmits television programmes
using cable television has reached an agreement with the
respective regional or local electronic mass medium on a shorter
transmission duration. The relevant electronic mass medium shall
not collect a fee for ensuring such retransmission from such
electronic mass medium the programmes of which it is
retransmitting, in the same way as the electronic mass medium the
programmes of which are being retransmitted shall not collect a
fee from the electronic mass medium which is retransmitting its
programmes.
(9) If the public electronic communications network coverage
area of an electronic mass medium which retransmits television
programmes using cable television exceeds the coverage area in
terrestrial broadcasting specified in the regional or local
electronic mass medium television programme broadcasting permit
referred to in Paragraph eight of this Section, the electronic
mass medium which retransmits television programmes using cable
television has an obligation, in compliance with the provisions
of the national strategy for the development of the electronic
mass media sector, to include in its programme offer regional or
local electronic mass media television programmes available in
the respective territory that by using the technical means of
terrestrial broadcasting are available to the end-user for free
by concluding the respective service contract, and the right to
request a fee from the respective regional or local electronic
mass medium for the provided service that does not exceed the
actual costs, if the following conditions exist:
1) local or regional electronic mass medium wishes that its
television programme would be retransmitted outside the coverage
area specified in the broadcasting permit;
2) electronic mass medium which retransmits television
programmes using cable television has technical capabilities of
ensuring the inclusion of the respective television programme in
the programme offer thereof;
3) transmission duration of the regional or local electronic
mass medium television programme to be included is at least six
hours per day, unless the electronic mass medium which
retransmits television programmes using cable television has
reached an agreement with the respective regional or local
electronic mass medium on a shorter transmission duration.
(10) If an electronic mass medium which retransmits television
programmes using cable television has an obligation to distribute
regional or local electronic mass media television programmes in
accordance with the provisions of Paragraph eight or nine of this
Section, but such regional or local electronic mass media
television programme has a low-quality content or the
distribution of the television programme for technical or
commercial reasons may cause disproportionate damage to the
respective electronic mass medium, the National Electronic Mass
Media Council is entitled, having examined a duly justified
application by the electronic mass medium, to exempt this
electronic mass medium from the fulfilment of the obligation with
regard to the distribution of the respective regional or local
electronic mass medium television programme or to conclude an
administrative contract with the respective electronic mass
medium by reaching an agreement on conditions for the fulfilment
of the abovementioned obligation.
(11) The conclusion of the contract referred to in Paragraph
eight or nine of this Section as such does not release the
parties from the fulfilment of the obligation referred to in
Paragraph eight or nine of this Section. No retransmission permit
is needed for the distribution of television programmes referred
to in Paragraphs eight and nine of this Section in the respective
public electronic communications networks.
(12) The provider of the television programme distribution
services (including an electronic mass medium which retransmits
television programmes using cable television in addition to the
programmes provided for in Paragraphs six, 6.1, eight
and nine of this Section) shall ensure that the following
television programmes would be offered to all of its subscribers
in unchanged form:
1) at least one television programme that mainly covers news,
analytical and informative broadcasts in any of the official
languages of the European Union produced in a Member State or
Member States of the European Union;
2) at least one television programme the broadcast language
whereof in the extent of at least 50 per cent of the total
transmission time is the official language, with a condition that
the total transmission duration of the abovementioned programme
is at least 18 hours per day, the owner (holder) of the programme
has received a broadcasting permit for the production and
distribution of the respective programme in Latvia and complies
with the terms of the broadcasting permit, ensures high-quality
and continuous signal supply to the respective electronic mass
medium which provides the television programme distribution
service;
3) at least one television programme that mainly covers
popular science broadcasts in any of the official languages of
the European Union produced in a Member State or Member States of
the European Union;
4) at least one television programme that mainly covers
broadcasts aimed at children and young people in any of the
official languages of the European Union produced in a Member
State or Member States of the European Union.
(121) The provider of the television programme
distribution services (including an electronic mass medium which
retransmits television programmes using cable television) shall
be obliged to ensure all its subscribers a principal offer that
includes the television programmes provided for in Paragraphs
six, 6.1, eight, nine, and twelve of this Section and
also additional television programmes of which at least 80 per
cent are television programmes with content originally created in
any official language of a European Union Member State or
European Economic Area country (hereinafter - the principal
offer). The principal offer may include only such electronic mass
media television programmes for which the National Electronic
Mass Media Council has not taken the decision to prohibit the
retransmission within the last three years.
(13) The provider of the television programme distribution
service which is subject to the obligations provided for in
Paragraphs six, 6.1, eight, nine, and twelve of this
Section shall include the respective television programmes in the
list of offered programmes prior to other television programmes
and in the sequence specified in this Section. Television
programmes which in accordance with Paragraph 12.1 of
this Section are included in the principal offer and are not in
the official languages of the European Union Member States and
European Economic Area countries shall follow after those
programmes in the list of television programmes which are created
in the official languages of the European Union Member States and
European Economic Area States.
[14 February 2013; 18 April 2013; 21 November 2013; 17
December 2015; 22 November 2017; 20 June 2018; 11 June 2020 /
Paragraph 12.1 shall come into force on 1 July
2021. See Paragraph 39 of Transitional Provisions]
Section 20. Name of an Electronic
Mass Medium or Programme
(1) A broadcasting permit or retransmission permit may be
issued if the name of an electronic mass medium or programme:
1) can unmistakably be distinguishable from the name of
another previously registered electronic mass medium or programme
in Latvia;
2) complies with the requirements of the Official Language Law
and other laws and regulations;
3) can unmistakably be distinguishable from the name of such
electronic mass medium or programme the operation of which has
been terminated by a court ruling in force;
4) does not infringe the requirements referred to in Paragraph
two of this Section.
(2) The name of an electronic mass medium or programme
registered in Latvia, the European Union or in accordance with
the provisions of international registration which apply to
Latvia may not contain the name or trademark or parts of a
trademark of an electronic mass medium or programme registered
abroad in such way which could mislead the audience. Such a
trademark may be used in cases when an electronic mass medium
registered abroad has a significant effect on the operation of an
electronic mass medium under the jurisdiction of Latvia or a
person who has exclusive rights to such trademark has permitted
to use it in the territory of Latvia.
(3) The conditions referred to in Paragraph one of this
Section shall be observed also after the issue of a broadcasting
permit or retransmission permit.
Section 21. Annulment of a
Broadcasting Permit or Retransmission Permit, Suspension and
Termination of the Operation of an Electronic Mass Medium
(1) The National Electronic Mass Media Council has the right
to annul a broadcasting permit or retransmission permit if an
electronic mass medium:
1) has terminated its operation but has not submitted the
issued broadcasting permit to the National Electronic Mass Media
Council;
2) operates irregularly, thus failing to fulfil the principal
conditions of a broadcasting permit or retransmission permit,
except in cases when this occurs due to technical reasons and for
not longer than three months;
3) has not paid the State fee in the case referred to in
Section 15, Paragraph nine or the second sentence of Paragraph
two of Section 19 respectively.
(2) The National Electronic Mass Media Council has the right
to suspend the operation of an electronic mass medium for a
period of up to seven days if during a year it has
repeatedly:
1) violated this Law;
2) distributed a programme which fails to comply with the
principal conditions of a broadcasting permit or retransmission
permit.
(3) The National Electronic Mass Media Council has the right
to annul a broadcasting permit or retransmission permit if an
electronic mass medium:
1) has been punished administratively for three times during a
year for a significant violation of this Law;
2) within one year from the day when the Council has taken a
decision on the suspension of the operation of the electronic
mass medium has committed significant violations referred to in
Paragraph two, Clauses 1 and 2 of this Section;
3) has committed significant violation of the provisions
included in broadcasting or retransmission permit;
4) fails to observe the provisions of Section 18, Paragraph
eight of this Law and this is a significant violation;
5) within a month from the day the Council has issued a
warning regarding violation of the provisions included in a
broadcasting permit does not stop violation of the relevant
provision;
6) within a month from the day the Council has issued a
warning regarding violation of the provisions included in a
broadcasting permit has repeatedly significantly violated the
relevant provision;
7) in accordance with a court judgement that is in force or a
public prosecutor's penal order has been recognised as guilty in
crimes against the State or a compulsory coercion measure
applicable to legal persons has been determined to it for such
criminal offences;
8) endangers national security or significantly endangers
public order or security;
9) upon the request of the Council or competent authority or
upon change of the beneficial owner, has not submitted additional
information or documents on the beneficial owner within the laid
down time period or has submitted false information thereon;
10) is in the ownership or control, directly or indirectly,
fully or partly, of such person to which international or
national sanctions are applicable in conformity with the Law on
International Sanctions and National Sanctions of the Republic of
Latvia.
(31) In the application of Section 21, Paragraph
three of this Law and upon assessing the significance of a
violation, the National Electronic Mass Media Council shall take
into consideration the public hazard of a violation, actions
taken by the electronic mass medium in relation to the
elimination of the consequences and recurrence of a violation,
the impact of a violation on general operations of the electronic
mass medium and the ability to continue operations.
(4) The notification of the National Electronic Mass Media
Council on annulment of a broadcasting permit or retransmission
permit or termination of the activity of the electronic mass
medium shall be published on the website of the Council and in
the official gazette Latvijas Vēstnesis, but on a regional
or local electronic mass medium - also in a local newspaper.
(5) The application of this Section shall not be influenced by
the application of the provisions of Chapter III.1 of
this Law.
[24 April 2014; 17 December 2015; 22 November 2017; 11 June
2020; 5 November 2020]
Chapter
III.1
Prohibition to Distribute Electronic Mass Media Programmes and
On-demand Services of Other Countries
[17 December 2015]
Section 21.1 Prohibition
to Distribute an Audiovisual Programme of an Electronic Mass
Medium of another Member State of the European Union or European
Economic Area
(1) The National Electronic Mass Media Council shall ensure
the freedom of reception and shall not restrict the
retransmission of an audiovisual programme of an electronic mass
medium in the territory of Latvia from another European Union
Member State or Economic Area State, except for the cases when an
electronic mass medium programme has gravely violated the
provisions of Section 24, Paragraph nine or ten or Section 26,
Clauses 1, 2, 3, 4, 5, 6 or 9 of this Law, and such violation has
occurred at least twice in the last 12 months.
(2) In the case referred to in Paragraph one of this Section
the National Electronic Mass Media Council shall inform the
respective electronic mass medium, the respective country and the
European Commission on:
1) broadcasts in which violations have been established;
2) nature of violation;
3) expected duration of the prohibition to distribute the
electronic mass medium programme in the territory of Latvia;
4) the possibility to agree on an acceptable solution within
one month from the time when the European Commission has received
notification.
(3) If consultation with the respective electronic mass
medium, the respective country and the European Commission within
one month from the receipt of notification has concluded without
an acceptable solution and the electronic mass medium commits a
new violation in the programme, the National Electronic Mass
Media Council may take a decision on prohibition to distribute
the electronic mass medium programme by indicating the period
during which such prohibition shall be valid in the territory of
Latvia.
(31) The National Electronic Mass Media Council
shall decide on the prohibition to distribute a programme of an
electronic mass medium if the audiovisual programme of the
electronic mass medium under the jurisdiction of any European
Union Member State or European Economic Area State seriously and
gravely violates Section 26, Clause 7 or 8 of this Law and such
violation has occurred at least once in the last 12 months.
(32) In the case referred to in Paragraph
3.1 of this Section the National Electronic Mass Media
Council shall inform the respective electronic mass medium, the
respective country and the European Commission on:
1) broadcasts in which violations have been established;
2) nature of violation;
3) expected duration of the prohibition to distribute the
electronic mass medium programme in the territory of Latvia.
(33) Upon detecting the violations of Section 26,
Clause 7 or 8 of this Law, the National Electronic Mass Media
Council may, in urgent cases not later than within one month
after the potential violation, derogate from the procedures laid
down in Paragraph 3.2 of this Section and prohibit
distribution of a programme of an electronic mass medium in the
territory of Latvia.
(34) In the case referred to in Paragraph
3.3 of this Section the National Electronic Mass Media
Council shall, immediately after the programme distribution
prohibition, inform the European Commission and the relevant
country thereof by asking the European Commission to assess the
conformity of the notified measures with the legal acts of the
European Union.
(4) The decision on prohibition to distribute an electronic
mass medium programme shall be a general administrative act. The
decision shall be published in the official gazette Latvijas
Vēstnesis.
(5) In addition to the provisions of this Section, if the
distribution of any audiovisual programme has already been
prohibited in any of the Member States of the European Union or
European Economic Area due to the violations referred to in
Section 26 of this Law and this prohibition is valid, the
National Electronic Mass Media Council through collaboration with
the respective foreign competent institution shall find out
whether these violations are established in the programme which
is distributed in Latvia. If such violations are established, the
National Electronic Mass Media Council may take a decision on
prohibition to distribute the specific programme in Latvia in
accordance with the procedures laid down in this Section.
[20 June 2018; 11 June 2020; 5 November 2020]
Section 21.2 Prohibition
to Distribute an Audiovisual Programme of an Electronic Mass
Medium of another Member State of the European Union or European
Economic Area that is Fully or Mainly Directed towards the
Territory of Latvia
(1) If an audiovisual programme of the electronic mass medium
under the jurisdiction of another Member State of the European
Union or European Economic Area is fully or mainly directed
towards the territory of Latvia and the National Electronic Mass
Media Council has established that such provisions of this Law or
other laws and regulations have been violated in the audiovisual
programme of the electronic mass medium that provide for more
detailed or stricter conditions for programme production than the
legal acts of the European Union, the National Electronic Mass
Media Council may not need to apply Section 21.1 of
this Law.
(2) In the case referred to in Paragraph one of this Section
the National Electronic Mass Media Council shall inform the
respective electronic mass medium and the respective country on
the established violations in order to reach an acceptable
solution. The National Electronic Mass Media Council may request
the respective country to ensure that the respective electronic
mass medium complies with the provisions of the laws and
regulations of Latvia.
(3) The National Electronic Mass Media Council may request the
review of this matter by the contact committee set up in
accordance with the legal acts of the European Union.
(4) The National Electronic Mass Media Council, upon
establishing a violation of the conditions for the production of
programmes, may take a decision on prohibition to distribute the
electronic mass medium programme by indicating the period during
which such prohibition shall be valid in the territory of Latvia,
or on imposition of a fine on the electronic mass medium which is
subject to editorial responsibility in respect of the respective
programme if all of the conditions listed below exist:
1) an acceptable solution is not reached within a period of
two months in accordance with the procedures set out in Paragraph
two of this Section;
2) respective electronic mass medium has acquired jurisdiction
in another country in order to evade stricter rules established
in Latvia;
3) National Electronic Mass Media Council has notified the
respective electronic mass medium, the respective country and the
European Commission of the intention to take the planned measures
referred to in the introductory section of this Paragraph by
providing justification thereof;
4) European Commission has taken a decision on compliance of
the planned measures referred to in the introductory section of
this Paragraph with the legal acts of the European Union.
(5) The decision on prohibition to distribute an electronic
mass medium programme shall be a general administrative act. The
decision shall be published in the official gazette Latvijas
Vēstnesis.
Section 21.3 Prohibition
to Distribute an On-demand Audiovisual Electronic Mass Media
Service of another Member State of the European Union or European
Economic Area
(1) The National Electronic Mass Media Council shall ensure
the freedom of reception and shall not restrict the distribution
of an on-demand audiovisual electronic mass medium service in the
territory of Latvia from another Member State of the European
Union or European Economic Area, except for the cases when the
on-demand audiovisual electronic mass medium service of another
country significantly endangers:
1) public order, in particular the prevention, detection and
investigation of a criminal offence, the protection of minors and
the fight against any incitement to hatred on the grounds of
race, gender, religion, nationality or ethnic belonging, and also
violations of human dignity;
2) protection of public health;
3) public safety, including national security and defence;
4) protection of consumers, including investors.
(2) In the case referred to in Paragraph one of this Section
the National Electronic Mass Media Council shall request to
eliminate the violation and shall inform the respective
electronic mass medium, the respective country and the European
Commission on:
1) broadcast in which the violation has been established;
2) nature of violation;
3) expected duration of the prohibition to distribute the
on-demand audiovisual electronic mass medium service in the
territory of Latvia;
4) possibility to reach agreement on an acceptable solution
within a month from the receipt of a notification.
(3) If the respective electronic mass medium and the
respective country have not taken measures for the elimination of
the violation or these measures were not adequate, the National
Electronic Mass Media Council may take a decision on prohibition
to distribute the on-demand audiovisual electronic mass medium
service by indicating the period during which such prohibition
shall be valid in the territory of Latvia.
(4) In case of urgency the National Electronic Mass Media
Council may derogate from the procedure specified in Paragraphs
two and three of this Section. In such case the respective
electronic mass medium, the respective country and the European
Commission shall be informed on the measures taken within the
shortest possible time period by providing justification for
urgency.
(5) The decision on prohibition to distribute an on-demand
audiovisual electronic mass medium service shall be a general
administrative act. The decision shall be published in the
official gazette Latvijas Vēstnesis.
[5 November 2020]
Section 21.4 Prohibition
to Distribute an Electronic Media Audiovisual Programme and
On-demand Audiovisual Service of another Member State of the
European Convention on Transfrontier Television
(1) The National Electronic Mass Media Council shall ensure
the freedom of reception and shall not restrict the
retransmission of an electronic mass media audiovisual programme
and distribution of an on-demand audiovisual service of the
Member State of the European Convention on Transfrontier
Television in the territory of Latvia that is not the Member
State of the European Union or European Economic Area, except for
the cases when the provisions of the European Convention on
Transfrontier Television have been violated in the electronic
mass medium programme or catalogue.
(2) In the case referred to in Paragraph one of this Section
the National Electronic Mass Media Council shall inform the
respective electronic mass medium and the respective Member State
of the European Convention on Transfrontier Television on the
established violations and shall seek an acceptable solution in
accordance with the procedures set out in the European Convention
on Transfrontier Television.
(3) If the electronic mass medium programme or catalogue has
manifestly, seriously and gravely violated the provisions of
Section 24, Paragraph nine or ten or Section 26 of this Law and
the National Electronic Mass Media Council fails to reach an
acceptable solution within a period of two weeks following the
receipt of the notification referred to in Paragraph two of this
Section, the National Electronic Mass Media Council may take a
decision on prohibition to distribute an electronic mass media
programme or on-demand audiovisual service by indicating the
period during which such prohibition shall be valid in the
territory of Latvia.
(4) In all other cases of potential violations, if the
violation continues for a period of eight months after the
provision of the notification referred to in Paragraph two of
this Section, the National Electronic Mass Media Council may take
a decision on prohibition to distribute an electronic mass media
programme or on-demand audiovisual service in accordance with the
provisions of the European Convention on Transfrontier Television
by indicating the period during which such prohibition shall be
valid in the territory of Latvia.
(5) The decision on prohibition to distribute an electronic
mass medium programme or on-demand audiovisual service shall be a
general administrative act. The decision shall be published in
the official gazette Latvijas Vēstnesis.
Section 21.5 Prohibition
to Distribute an Electronic Mass Media Audiovisual Programme and
On-demand Audiovisual Service of Another Country
(1) The National Electronic Mass Media Council shall ensure
the freedom of reception and shall not restrict the
retransmission of an electronic mass media audiovisual programme
and distribution of an on-demand audiovisual service in the
territory of Latvia of a country which is not the Member State of
the European Union, European Economic Area or European Convention
on Transfrontier Television, except for the cases when the
conditions for the production of programmes or catalogues of this
Law or other laws and regulations have been violated in the
audiovisual programme or catalogue.
(2) In the case referred to in Paragraph one of this Section
the National Electronic Mass Media Council may take a decision on
prohibition to distribute an electronic mass media programme or
an on-demand audiovisual service by indicating the period during
which such prohibition shall be valid in the territory of
Latvia.
(3) The decision on prohibition to distribute an electronic
mass medium programme or on-demand audiovisual service shall be a
general administrative act. The decision shall be published in
the official gazette Latvijas Vēstnesis.
Section 21.6 Prohibition
to Distribute an Electronic Mass Media Audioprogramme of Another
Country
(1) The National Electronic Mass Media Council shall ensure
the freedom of reception and shall not restrict the distribution
of an electronic mass medium audioprogramme of another country in
the territory of Latvia, except for the cases when the conditions
for the production of programmes of this Law or other laws and
regulations have been violated in the audioprogramme.
(2) In the case referred to in Paragraph one of this Section
the National Electronic Mass Media Council may take a decision on
prohibition to distribute an electronic mass medium
audioprogramme by indicating the period during which such
prohibition shall be valid in the territory of Latvia.
(3) The decision on prohibition to distribute an electronic
mass medium audioprogramme shall be a general administrative act.
The decision shall be published in the official gazette
Latvijas Vēstnesis.
Chapter
III.2
Procedures for Implementing the Prohibition to Retransmit
Audiovisual Programmes without Retransmission Permit
[23 November 2016]
Section 21.7 Decision on
Termination of Retransmission of Audiovisual Programmes in case
of Failure to Receive the Retransmission Permit
If the National Electronic Mass Media Council establishes that
the retransmission of audiovisual programmes in Latvia is carried
out without a retransmission permit, the Council shall take a
decision whereby a lawful obligation is imposed to terminate the
retransmission of audiovisual programmes within a period of 15
days or to receive the relevant retransmission permit.
Section 21.8 Further
Action Following a Decision on Termination of Retransmission of
Audiovisual Programmes
(1) If retransmission is not terminated within the time period
specified by the Council, a retransmission permit is not received
or no agreement is reached with the Council on extension of the
time period for the fulfilment of the lawful obligation, the
Council shall fulfil the functions of a supervisory body within
the meaning of the Law on Information Society Services and shall
take other actions provided for in laws and regulations.
(2) If it is not possible for the Council to implement the
actions laid down in Paragraph one of this Section, it has the
right to take a decision (a general administrative statement) by
which the access to those websites available in Latvia is
prohibited which retransmit audiovisual programmes without
retransmission permit by prohibiting the use of domain names
thereof for a period of time up to six months.
(3) In order to ensure the enforcement of the decision
referred to in Paragraph two of this Section, the Council shall
maintain and update on the website thereof the list of domain
names referred to in Paragraph two of this Section.
(4) [5 November 2020]
[20 June 2018; 5 November 2020]
Chapter
IV.
On-demand Electronic Mass Media Services
Section 22. Right to Provide
On-demand Electronic Mass Media Services
(1) In order to provide an on-demand electronic mass media
service, the provider of such services prior to commencing the
provision thereof shall submit a notification to the National
Electronic Mass Media Council.
(2) [17 December 2015]
(3) The following information shall be specified in the
notification:
1) for a natural person - name, surname, personal identity
number;
2) for a legal person, association of persons - name,
registration number and legal address.
(4) The following shall be appended to the notification:
1) principal conditions of activity in which the name of the
catalogue, the purpose of operation of the electronic mass
medium, the catalogue format, as well as other information which
the applicant considers important shall be indicated;
2) the information regarding the electronic communications
network in which a service will be distributed (cable television,
satellite television, internet);
3) information on the beneficial owner.
(41) In the event of a change in the beneficial
owner of the electronic mass medium which provides on-demand
services, the electronic mass medium shall immediately, but not
later than within 14 days from the date of finding out the
respective information, submit to the National Electronic Mass
Media Council information on the change of the beneficial
owner.
(42) In order to assess the information provided on
the beneficial owner, the Council has the right to request for an
opinion from competent State security institutions, a supervisory
and control authority of the Law on the Prevention of Money
Laundering and Terrorism and Proliferation Financing, and
competent authorities determined in the Law on International
Sanctions and National Sanctions of the Republic of Latvia and
also from competent authorities of other countries.
(43) When assessing the information on a beneficial
owner, the Council shall take into account whether:
1) it endangers national security or significantly endangers
public order or security;
2) it operates in an anti-government or criminal organisation
or is a member thereof;
3) international or national sanctions in conformity with the
Law on International Sanctions and National Sanctions of the
Republic of Latvia are applicable to it;
4) it has been punished for any of the criminal offences
referred to in Chapters IX, IX1 or X of the Criminal
Law.
(44) By taking into account the information at the
disposal of the Council, and also the information provided by a
competent authority on a beneficial owner, the Council may take
the decision to prohibit distribution of an on-demand service.
The appeal of the decision shall not suspend its operation.
(45) If it is necessary for the court to verify the
information containing official secret for the purpose of
objective examination of the circumstances of the case, only the
court may become familiar with such information and assess it.
The court shall indicate in a ruling that such information has
been assessed.
(46) The Council and competent institutions may
request additional information and documents from an applicant
which are necessary for the assessment of the submitted
notification, and also an explanation if the information at the
disposal of the Council fails to comply with the requirements of
this Law.
(5) The provisions of Paragraph one, two and three of this
Section shall not be applied if a resource of frequencies is
necessary in order to provide on-demand electronic mass media
services. In such case a service provider shall receive a
broadcasting permit in accordance with the procedures specified
in Sections 16 and 17 of this Law.
[17 December 2015; 20 June 2018; 11 June 2020]
Section 23. Conditions for Creation
of a Catalogue of On-demand Electronic Mass Media Services and
Restriction of its Operation
(1) A catalogue may not contain services which encourage
incitement to hatred or invite discrimination against some person
or group of persons on the grounds of sex, race or ethnic origin,
nationality, religious affiliation or faith, disability, age or
other circumstances.
(2) Films shall be transmitted at the time which is agreed
with owners of the rights.
(3) In a catalogue and during transmission films shall be
marked with the relevant film classification index as indicated
in the Cabinet Regulation.
(4) An electronic mass medium shall, in providing on-demand
services which might seriously impair the physical, mental and
moral development of minors, ensure conditional access control
for such services (so they are not receivable under normal
conditions).
(5) An electronic mass medium which provides on-demand
audiovisual services shall, at least in the amount of 30 per
cent, include European audiovisual works in its catalogue and
promote the accessibility and prominence of those works,
including tagging them, devoting a separate section or search
tools thereto.
(51) The obligation referred to in Paragraph five
of this Section shall not apply to the electronic mass medium
which provides on-demand audiovisual services, with a low
turnover or for a narrow audience, and also to the case where
such obligation would be impracticable or unjustified due to the
nature or theme of the service.
(52) If the quota of European audiovisual works
laid down in Paragraph five of this Section is not applicable to
the electronic mass medium which provides an on-demand
audiovisual service, it shall submit information attesting such
fact to the National Electronic Mass Media Council.
(53) The National Electronic Mass Media Council
shall develop the guidelines for determining a low turnover or a
narrow audience by taking into account the market conditions in
Latvia, the information provided by the service provider and the
relevant guidelines of the European Commission.
(6) [5 November 2020]
(7) Failing to ensure permanent access to the information
referred to in Paragraph six of this Section is justified reason
to restrict access to audiovisual service of an electronic mass
medium. The same provisions which are provided for in Chapter
III2 of this Law in respect of prohibition to
retransmit audiovisual programmes without a re-transmission
permit shall be applied for the determination of
restrictions.
(8) The National Electronic Mass Media Council may prohibit
provision of on-demand audiovisual service if the electronic mass
medium:
1) has been punished administratively for three times during a
year for a significant violation of this Law;
2) in accordance with a court judgement that is in force or a
public prosecutor's penal order has been recognised as guilty in
crimes against the State or a compulsory coercion measure
applicable to legal persons has been determined to it for such
criminal offences;
3) endangers national security or significantly endangers
public order or security;
4) upon the request of the Council or competent authority or
upon change of the beneficial owner, has not submitted additional
information or documents on the beneficial owner within the laid
down time period or has submitted false information thereon;
5) is in the ownership or control, directly or indirectly,
fully or partly, of such person to which international or
national sanctions are applicable in conformity with the Law on
International Sanctions and National Sanctions of the Republic of
Latvia.
(9) Appeal of the decision referred to in Paragraph eight of
this Section shall not suspend the operation thereof.
[11 June 2020; 5 November 2020]
Chapter
IV.1
Video-sharing Platforms
[5 November 2020]
Section 23.1 General
Provisions for Video-sharing Platforms
(1) The National Electronic Mass Media Council shall assess
the conformity of the service with the nature of a video-sharing
platform within the meaning of this Law.
(2) A video-sharing platform service provider which is not
established in Latvia shall be deemed as such which is
established in Latvia if its parent undertaking or subsidiary
undertaking is established in Latvia or if it is part of a group
of undertakings and another undertaking of the relevant group of
undertakings is established in Latvia.
(3) In order to apply Paragraph two of this Section in the
case where a parent undertaking, subsidiary undertaking or other
undertakings of a group of undertakings are established in
different Member States, it shall be deemed that a video-sharing
platform service provider is established in such Member State
where its parent undertaking is established or, if there is no
such establishment, in such Member State in which its subsidiary
undertaking is established, or, if there is no such
establishment, in such Member State in which another undertaking
of a group of undertakings is established.
(4) In order to apply Paragraph two of this Section in the
case where there are several subsidiary undertakings and each of
them is established in a different Member State, it shall be
deemed that a video-sharing platform service provider is
established in such Member State where one of the subsidiary
undertakings was the first which began its activity - provided
that it maintains a stable and effective link with the economy of
the relevant Member State.
(5) In order to apply Paragraph two of this Section in the
case where there are several other undertakings which are part of
a group of undertakings and each of them is established in a
different Member State, it shall be deemed that a video-sharing
platform service provider is established in such Member State
where one of those undertakings was the first which began its
activity - provided that it maintains a stable and effective link
with the economy of the relevant Member State.
(6) Sections 10 and 11 of the Law on Information Society
Services shall be applied to the providers of a video-sharing
platform service which are deemed to be established in
Latvia.
(7) The National Electronic Mass Media Council shall establish
and update on a regular basis a list of such providers of a
video-sharing platform service which are established and which
are deemed to be established in Latvia and shall specify on which
of the criteria referred to in Paragraphs two, three, four, and
five of this Section their jurisdiction relies. The National
Electronic Mass Media Council shall inform the European
Commission of the list of the providers of a video-sharing
platform service, including any updates thereto.
(8) If, when applying the provisions of this Section for
determining the jurisdiction, the National Electronic Mass Media
Council fails to agree with the regulator of another European
Union Member State on the state in the jurisdiction of which the
video-sharing platform is located, the National Electronic Mass
Media Council shall immediately inform the European Commission
thereof.
[5 November 2020]
Section 23.2 Audio and
Audiovisual Commercial Communications in Video-sharing
Platforms
(1) The providers of a video-sharing platform service shall
take appropriate measures in order to protect the public from
such broadcasts and user-generated videos and audiovisual
commercial communications:
1) the content of which may impair the physical, mental or
moral development of minors;
2) the content of which may endanger the general public and
which contain incitement to violence and hatred directed against
a person or a group of persons based on any of the grounds
referred to in Article 21 of the Charter of Fundamental Rights of
the European Union or Article 14 of the European Convention for
the Protection of Human Rights and Fundamental Freedoms;
3) the distribution of the content of which is a criminal
offence (public glorification and justification of terrorism,
public provocation to terrorism, distribution of a material
containing glorification or justification of terrorism or threat
of terrorism if there are grounds for believing that terrorism
could be committed, or the demonstration of such a pornographic
performance or handling of a material of pornographic nature
containing child pornography, public provocation to genocide,
public glorification of genocide, crime against humanity, crime
against peace and a war crime or glorification, denial, acquittal
or gross trivialisation of committed genocide, crime against
humanity, crime against peace or a war crime and acts directed
towards triggering national, ethnic, racial or religious hatred
or enmity).
(2) The providers of a video-sharing platform service shall,
within the limits of their capacity and control, in relation to
audio and audiovisual commercial communications shall conform to
the provisions of Section 35, Paragraph two, Clauses 1, 4, 6, 7,
and 8, Paragraphs seven and nine, Section 36, Paragraph two,
Section 37, Paragraph two and Section 38 of this Law.
(3) The providers of a video-sharing platform service shall
develop a publicly available code of conduct where they indicate
the basic principles of the activity, the accepted conditions of
ethical activity, regulations regarding inappropriate audio and
audiovisual commercial communications, including those the target
audience of which is minors and which may negatively affect the
psychological or physical development of minors. The code of
conduct shall also include regulations which apply to audio and
audiovisual commercial communications included within broadcasts
intended for children's audience, and also before and after such
broadcasts, of foods and beverages containing nutrients and
substances with a certain nutritional or physiological effect, in
particular, such substances as fat, fatty acids, salt or sodium
and sugars the excessive intake of which is not recommended in
the overall diet. The providers of a video-sharing platform
service shall publish the code of conduct on their website.
[5 November 2020]
Chapter
V.
Production and Retransmission of Programmes and Broadcasts of the
Electronic Mass Media
Section 24. General Provisions for
the Production of Programmes
(1) The electronic mass media shall be free and independent in
the production and distribution of programmes and broadcasts, as
well as in the editorial activity thereof, in so far as it is not
restricted by the Constitution of the Republic of Latvia, this
Law and other laws, the Sate technical standards and
international agreements binding on Latvia.
(2) The electronic mass media, respecting the variety of
opinions, shall maintain the idea of independent, democratic and
judicial State of Latvia, observe human rights and operate in the
interests of the society of Latvia.
(3) The electronic mass media shall observe the principal
conditions of activity which they have submitted to the National
Electronic Mass Media Council in order to receive a broadcasting
permit. If the broadcasting rights have been obtained in
accordance with tender procedures, the principal conditions of
activity may be changed upon consent of the National Electronic
Mass Media Council. The main audio language and format of the
electronic mass media programmes shall be an unchangeable
component of the principal conditions within the term of validity
of the issued broadcasting permit. The language track may be
changed during the term of validity of the broadcasting
permit.
(4) The electronic mass media shall ensure that facts and
events are fairly, objectively, with due accuracy and
impartiality reflected in broadcasts, promoting exchange of
opinions, and comply with the generally accepted principles of
journalism and ethics. Commentary and opinions shall be separated
from news and the name of the author of the opinion or commentary
shall be indicated. Facts shall be reflected in informative
documentary and news broadcasts in a way not to intentionally
mislead the audience.
(5) The electronic mass media shall develop a code of conduct
where they indicate the basic principles of the activity, the
accepted conditions of ethical activity, regulations regarding
inappropriate audio and audiovisual commercial communications,
including those the target audience of which is minors and which
may negatively affect the psychological or physical development
of minors. The code of conduct shall also include regulations
which apply to audio and audiovisual commercial communications
included within broadcasts intended for children's audience, and
also before and after such broadcasts, of foods and beverages
containing nutrients and substances with a certain nutritional or
physiological effect, in particular, such substances as fat,
fatty acids, salt or sodium and sugars excessive intake of which
is not recommended in the overall diet. The electronic mass media
shall publish the code of conduct on their website.
(6) Films shall be transmitted at a time which is agreed with
owners of the rights. During transmission films shall be marked
with the relevant film classification index as indicated in the
Cabinet Regulation.
(7) [10 December 2020 / See Paragraph 40 of Transitional
Provisions]
(8) [10 December 2020 / See Paragraph 40 of Transitional
Provisions]
(9) Audio and audiovisual works displaying physical or
psychological violence, bloody or horror scenes, scenes relating
to the use of narcotics and sexual acts, or containing foul
language may not be transmitted between the hours of 7.00 and
22.00.
(10) An electronic mass medium shall not distribute on-demand
audio and audiovisual programmes or services with such content
that may be harmful to the physical, mental and moral development
of minors, except for the cases when they have been scheduled for
the transmission time other than that referred to in Paragraph
nine of this Section or the electronic mass medium ensures
conditional access control. An acoustic warning shall be provided
before such audiovisual works and they shall be specially marked
with a visual symbol characterising the potentially harmful
nature of the content of the electronic mass media service.
(101) It shall not be allowed to use the personal
data of minors obtained by the electronic mass medium while
performing conditional access control for commercial purposes,
except for the cases where it is necessary for the direct
provision of a service with the consent of the data subject.
(11) If an electronic communications merchant, which ensures
the distribution of the programmes produced by the electronic
mass media in its electronic communications networks, is an
electronic mass medium which produces its own programmes or
participates with its contribution in other electronic mass
media, conditions for the distribution of the programmes produced
by such electronic mass medium that do not discriminate other
electronic mass media shall be applied.
[7 March 2013; 20 June 2018; 5 November 2020; 10 December
2020]
Section 24.1
Accessibility for Persons with Disabilities
(1) An electronic mass medium shall ensure that its services
are made continuously and progressively more accessible for
persons with disabilities and shall notify the National
Electronic Mass Media Council thereof once a year.
(2) An electronic mass medium in co-operation with
associations and foundations which represent the interests of
persons with disabilities shall develop an action plan in which
the measures planned for ensuring accessibility are indicated.
The electronic mass medium shall inform the National Electronic
Mass Media Council about the action plan within 14 days after the
approval thereof.
(3) An electronic mass medium which provides public
communications and information on emergency situations (including
in case of natural disasters) shall do it in a manner which is
accessible to persons with disabilities.
[5 November 2020]
Section 25. Editorial Responsibility
of the Electronic Mass Media
The electronic mass media shall undertake editorial
responsibility. Within the meaning of this Section editorial
responsibility of the electronic mass media is effective control
in respect of both the choice of broadcasts and organisation
thereof in programmes and catalogues. These regulations shall not
apply to the retransmission of programmes.
Section 26. Restrictions on
Production of Programmes
(1) The programmes and broadcasts of the electronic mass media
may not contain:
1) stories which accentuate violence;
2) materials of a pornographic nature;
3) encouragement to violence or hatred or incitement to
discrimination against a person or group of persons on the
grounds of sex, race or ethnic origin, nationality, religious
affiliation or faith, disability, age or any other motives;
4) incitement to war or the initiation of a military
conflict;
5) incitement to overthrow State power, or to violently change
the State political system, to destroy the territorial integrity
of the State, or to commit any other crime;
6) stories which discredit the statehood and national symbols
of Latvia;
7) incitement that endangers national security or
significantly endangers public order or security;
8) public glorifying or condoning of terrorism or public
incitement to terrorism, or materials containing glorification,
condoning of terrorism or incitement to terrorism;
9) content which endangers public health or could cause
serious and severe threat risks to it.
(2) The on-demand electronic mass media services and
broadcasts may not be overlaid or modified for commercial
purposes or without the consent of the relevant electronic mass
medium, except for the cases when:
1) it is done by the recipient of the electronic mass media
service for personal use;
2) it is a technical necessity for the use of the electronic
mass media service or a device;
3) it is done to provide warning information or information of
public interest;
4) it is done for subtitling purposes;
5) audio or audiovisual commercial communication is inserted
by the electronic mass media service provider itself;
6) this is a way of adjusting the electronic mass media
service to distribution means without changing the content.
[11 June 2020; 5 November 2020]
Section 27. Events of Major
Importance for the Society of Latvia
(1) The electronic mass media under the jurisdiction of Latvia
exercising their exclusive rights shall broadcast events of major
importance for the society of Latvia approved by the Cabinet
which on the basis of a prior plan are organised by organisers of
events who are entitled to sell the rights associated with such
events, so that at least 95 percent of the inhabitants of the
territory of Latvia are able to follow thereof through the
intermediation of free television live broadcasts or record
broadcasts.
(2) Events of major importance for the society of Latvia shall
comply with at least two of the following criteria:
1) it is a national or cultural event especially important for
the inhabitants of Latvia;
2) it is a sports event or competition at international level
in which the national team of Latvia participates;
3) the event is traditionally reflected via free television
and has attracted the attention of a considerable part of the
inhabitants of Latvia.
(3) If an electronic mass medium under the jurisdiction of
Latvia has exclusive rights to transmit such events which another
European Union Member State or European Convention on
Transfrontier Television Member State has included in its list of
events of major importance for the society, such electronic mass
medium shall not use its exclusive rights in respect of the
electronic mass media under the jurisdiction of the other Member
State, if thus the possibility to follow the relevant event via
free television would be interdicted for the substantial portion
of the public of other Member State.
(4) If an electronic mass medium under the jurisdiction of
Latvia has exclusive rights to reflect events which are of high
interest to the public, another electronic mass medium under the
jurisdiction of Latvia or another European Union Member State or
European Convention on Transfrontier Television Member State may
access the signal of the broadcasting electronic mass medium in a
fair, reasonable and non-discriminatory manner, or, if this is
not possible, may access other broadcasting materials and include
broadcast fragments of the respective events in their general
news reports. The transmission time of such included fragments
must not exceed 90 seconds and they may be included in general
news broadcasts not later than 30 days following the date of the
reflected event. Electronic mass medium which uses such materials
shall indicate the source thereof. A fee may be requested for the
use of the respective materials which does not exceed the costs
of transfer (transmission) or copying of such materials.
(41) An electronic mass medium under the
jurisdiction of Latvia, which in accordance with Paragraph four
of this Section wishes to obtain access to events which are of
high interest to the public, shall request such access primarily
from the electronic mass medium under the jurisdiction of
Latvia.
(5) The transmission materials referred to in Paragraph four
of this Section shall not be included in broadcasts which are
distributed on demand. This condition shall not apply to the
on-demand services of those electronic mass media which have
distributed the relevant news broadcast prior to its inclusion in
the catalogue as a part of its programme.
(6) Placement of information in broadcasts shall not be
compensated. Any inclusion of information, story, commentary,
review, news or invitation of a participant to participate in a
broadcast in return for payment shall be considered as an audio
or audiovisual commercial communication.
[18 April 2013]
Section 28. Language of a Programme,
Broadcast and Advertising
(1) Each broadcast shall take place in one language - the
language of the broadcast if it is not otherwise provided for in
this Law.
(2) Television broadcasts and broadcast fragments which are in
other languages shall be provided with a translation into the
language of the broadcast. This condition shall not apply to
broadcasts or broadcast fragments in the official language, to
language teaching broadcasts, interactive direct broadcasts (when
a link between participants of a broadcast and audience is made
during a live transmission), performances of musical works and
interstate co-operation broadcasts during live transmission, and
also in the case referred to in Section 8, Paragraphs three and
four of the Law on Public Electronic Mass Media and
Administration Thereof.
(21) The radio programme of an electronic mass
media shall be in the official language or a foreign language. A
broadcast or a broadcast fragment in a foreign language in the
radio programme of the electronic mass medium which is in the
official language shall be translated into the official language.
A broadcast or a broadcast fragment in the official language in
the radio programme of the electronic mass medium which is in a
foreign language may not need to be translated into a foreign
language. The provisions of this Section shall not be applicable
to language teaching broadcasts, interactive direct broadcasts
(when a link between participants of a broadcast and audience is
made during a live transmission), performances of musical works
and interstate co-operation broadcasts during live
transmission.
(3) Films to be demonstrated shall be made with a voice-over,
dubbed or subtitled in the official language. The dubbed and
voice-over text in parallel with the original soundtrack and
subtitles in the official language shall be made in such quality
which ensures sufficiently precise understanding of the text of
the original language. Films intended for children shall be
dubbed or with voice-over in the official language. These
provisions shall not apply to retransmission and also to such
films which in accordance with the issued broadcasting permits
and principal conditions of the activity of the relevant
electronic mass medium submitted to the National Electronic Mass
Media Council are transmitted for children of pre-school age and
younger school age of minorities of Latvia or using electronic
communications networks of satellite television for the target
audience other than inhabitants of Latvia, and also in the case
referred to in Section 8, Paragraphs three and four of the Law on
Public Electronic Mass Media and Administration Thereof.
Voice-over of films may be made only in one language, excluding
the original soundtrack.
(4) Television broadcasts in foreign languages, except for
live broadcasts, news and language teaching broadcasts, shall be
ensured with sub-titles in the Latvian language. This condition
shall not apply to retransmission, as well as to programmes
distributed in electronic communications networks of satellite
television, which in accordance with a broadcasting permit and
principal conditions of activity of the relevant electronic mass
medium submitted to the National Electronic Mass Media Council is
intended for a target audience other than the inhabitants of
Latvia.
(5) [10 December 2020 / See Paragraph 40 of Transitional
Provisions]
(6) Advertising inserted in broadcasts shall be in the
language of the broadcast or in the official language. This
condition shall not apply to retransmission, as well as to
programmes distributed in electronic communications networks of
satellite television, which in accordance with a broadcasting
permit and principal conditions of activity of the relevant
electronic mass medium submitted to the National Electronic Mass
Media Council is intended for a target audience other than the
inhabitants of Latvia.
(7) If the Cabinet determines that in a part of the territory
of the State there exists a threat to the use of the official
language or also the use or distribution thereof is insufficient,
the Cabinet shall decide regarding measures promoting the use of
the official language in the relevant territory.
[23 October 2014; 10 December 2020 / The amendment
regarding the supplementation of the second sentence of Paragraph
two and the fourth sentence of Paragraph three with the words
"and also in the case referred to in Section 8, Paragraphs three
and four of the Law on Public Electronic Mass Media and
Administration Thereof" shall come into force on 1 January
2021. See Paragraph 40 of Transitional Provisions]
Section 29. Registration and
Preservation of Programmes
(1) Each electronic mass medium shall ensure that all
distributed programmes, except for the programmes retransmitted,
are fully recorded in such a quality as permits clearly and
unmistakably to determine the content of each programme. This
recording shall be preserved for not less than three calendar
months following the day of the distribution of the relevant
programme, but if the programme is distributed in the
pre-election period, in the period of agitation prior to a
referendum, in the period of agitation prior to the proposal of
legislation or in the period of agitation regarding proposal of
the dissolution of the Saeima - throughout the entire
period and not less than three calendar months after the end
thereof. A copy of the recording shall be submitted free of
charge to the National Electronic Mass Media Council, a court,
the Prosecutor's Office or investigative institutions, as well as
other competent State institutions upon their demand.
(2) Each electronic mass media producing programmes shall
independently register distributed programmes. These registration
materials shall be submitted free of charge to the National
Electronic Mass Media Council, a court, the Prosecutor's Office
or investigative institutions, as well as other competent State
institutions upon their demand.
(3) Upon the request of the National Electronic Mass Media
Council, an electronic mass medium shall provide to it the
information on the title of the programme and the broadcast, the
time of its transmission, the duration time, the copyright
holders, the related right holders, the language of the
broadcast, the sponsors of the broadcast, as well as audio and
audiovisual commercial communications. Such information shall be
preserved for not less than one calendar year after the day of
distribution of the relevant programme and shall be submitted
free of charge to the National Electronic Mass Media Council upon
a request.
(4) Audiovisual service providers shall ensure the
registration of the programmes and audiovisual works referred to
in Sections 32 and 33 of this Law and once a year submit reports
to the National Electronic Mass Media Council regarding
fulfilment of the provisions of these Sections.
[21 February 2013; 24 April 2014]
Section 30. Production Data of a
Broadcast and a Broadcast Announcement
(1) The production data shall be specified at the end of each
broadcast.
(2) The production data of a broadcast shall include its
authors.
(3) The production data of broadcasts shall be made in the
official language. If a broadcast is produced in a foreign
language, the production data of the broadcast may be specified
in the language of the broadcast.
(4) In the case of the retransmission of a broadcast created
by an independent producer and retransmission of a certain
broadcast, the electronic mass medium at the beginning of the
radio programme shall inform in an unambiguous manner that the
respective broadcast is a broadcast created by an independent
producer or is the retransmission of a broadcast.
[23 October 2014]
Section 31. European Audiovisual
Works
(1) European audiovisual works are:
1) literary dramatic works, serials, films, documentary, art,
education and similar creative works produced in Latvia and other
European Union Member States;
2) audiovisual works complying with the provisions of
Paragraph three of this Section, which have been produced in
those European Convention on Transfrontier Television Member
States which are not European Union Member States and do not
apply discriminating regulations in relation to audiovisual works
produced in Latvia and other European Union Member States.
(2) In accordance with agreements entered into between the
European Union and states other than European Union Member States
and do not apply discriminating regulations in relation to
audiovisual works produced in Latvia and other European Union
Member States, co-production audiovisual works which comply with
the conditions of the referred to agreements shall also be
considered as European audiovisual works.
(3) European audiovisual works specified in Paragraph one,
Clauses 1 and 2 of this Section are such works which have been
produced primarily by authors and technical employees from one or
more of the states referred to in Paragraph one, Clauses 1 and 2,
and which comply with at least one of the following
conditions:
1) they have been produced by one producer or several
producers whose permanent place of residence is in one of these
states;
2) the production of the works is supervised and actually
controlled by one producer or several producers whose permanent
place of residence is in one of these states;
3) the investment of producers from these states covers the
larger share of co-production costs, and the co-production is not
controlled by one producer or several producers residing
permanently outside these states.
(4) European audiovisual works shall also be deemed to be such
works, which are not European audiovisual works within the
meaning of Paragraph one of this Section, but which have been
produced within the scope of bilateral co-production agreements
between Latvia or other European Union Member States and the
state other than a European Union Member State, if the Latvian
producers or producers of the European Union Member States cover
the larger share of co-production costs, and the co-production is
not controlled by one or more producers permanently residing
outside the territory of Latvia or the European Union Member
States.
Section 32. Additional Provisions
for the Inclusion of European Audiovisual Works and Use of the
Official Language in Broadcasts of the Electronic Mass Media
(1) Electronic mass media shall ensure that in the programme
produced by them at least 51 per cent of the weekly transmission
time, except for the news, sports events, games, advertising,
teleshopping and teleshopping windows, is reserved for European
audiovisual works.
(2) National and regional electronic mass media shall ensure
that in the television programme produced by them at least 40 per
cent of the transmission time of European audiovisual works,
except for the news, sports events, games, advertising,
teleshopping and teleshopping windows, is reserved for
audiovisual works in the official language.
(3) The national and regional electronic mass media shall
ensure that in the television programmes produced by them at
least 65 per cent of all broadcasts, except for the advertising,
teleshopping and teleshopping windows, are in the official
language and that such broadcasts in the official language would
take up at least 65 per cent of the transmission time.
(4) A television broadcast in a foreign language, if it is
dubbed or has a voice-over in the official language, shall also
be deemed to be a broadcast in the official language, unless
otherwise provided for in an external law and regulation.
(5) If the electronic mass medium produces a transfrontier
programme which is available also in the territory of Latvia, it
shall ensure the programme with a language track in the official
language. An electronic mass medium programme which is not
available in the territory of Latvia does not need to be ensured
in the official language.
[23 October 2014; 22 November 2017; 20 June 2018]
Section 33. Inclusion of the Works
of Other Electronic Mass Media and Independent Producers in
Electronic Mass Media Programmes
(1) In the programmes produced by the audiovisual national
electronic mass media at least 10 per cent of the total volume of
the weekly broadcasts and transmission time, except for the news,
sports events, games, advertising, teleshopping and teleshopping
windows, shall be intended for the European audiovisual works
produced by independent producers. The audiovisual electronic
mass media shall ensure that the major proportion of the
broadcasting time granted to independent producers is allocated
for the European audiovisual works produced by independent
producers in the last five years.
(2) In a radio programme of an electronic mass medium
broadcasts produced by the electronic mass medium itself shall
constitute not less than 90 per cent of the total broadcasts and
transmission time per week, except for the performances of
musical works, advertising, radio shopping and radio shopping
windows.
(3) The inclusion of another radio programme distributed in
Latvia or abroad, a broadcast of such programme or broadcast
fragments in the radio programme of an electronic mass medium
shall be prohibited, unless the inclusion of such programme or a
certain broadcast in the programme is carried out in accordance
with the procedures of retransmission or if such programme, a
certain broadcast or a broadcast fragment reflects events of
importance to the society of Latvia.
[23 October 2014]
Section 34. Information Regarding
the Electronic Mass Media
The electronic mass media shall ensure permanent access to at
least the following information:
1) the name of the electronic mass medium;
2) address at which the electronic mass medium is performing
entrepreneurship;
3) contact information of the electronic mass medium,
including its electronic mail address or the website;
4) the contact information of the responsible supervisory body
- the National Electronic Mass Media Council.
[5 November 2020]
Chapter
VI.
Audio and Audiovisual Commercial Communication, General
Provisions for Production and Sponsorship Thereof
Section 35. General Provisions for
the Production of Audio and Audiovisual Commercial
Communications
(1) Audio and audiovisual commercial communications shall be
produced in accordance with the requirements of this Law,
Advertising Law, Consumer Rights Protection Law, Competition Law,
Unfair Commercial Practices Prohibition Law and other laws and
regulations.
(2) Audio and audiovisual commercial communications may
not:
1) encourage behaviour harmful to the protection of the
environment;
2) use the images and recorded voices of persons who regularly
present the news or other programmes of public importance;
3) directly or indirectly promote products or services the
advertising of which is prohibited;
4) promote or encourage behaviour which threatens human health
or safety;
5) include, promote or justify violence and cruelty, as well
as cruel or irresponsible behaviour towards animals;
6) injure human dignity;
7) incite hatred and invite discrimination against a person or
group of persons on the grounds of gender, age, religious,
political affiliation or another faith, sexual orientation,
disability, race or ethnic origin, nationality or due to other
circumstances;
8) advertise tobacco, tobacco products, herbal products for
smoking, electronic smoking devices, filling containers and
smoking;
9) advertise premium rate telephone number services of a
sexual nature in the programmes of electronic mass media between
the hours of 7:00 and 22:00;
10) depict persons in a sexually humiliating way;
11) show disrespect towards the national values and state
symbols of Latvia.
(3) The provider of an audio and audiovisual commercial
communication, which is not the relevant electronic mass media,
may not exercise any editorial influence over the content of
programme or broadcast of the electronic mass medium.
(4) The advertiser shall be liable for the content of an audio
and audiovisual commercial communication.
(5) The electronic mass medium shall be responsible for the
insertion of an audio and audiovisual commercial communication in
the programme or broadcast of the electronic mass medium in
accordance with the provisions of this Law.
(6) Only truthful references or acknowledgments shall be used
in an audio and audiovisual commercial communication.
(7) It is prohibited to use technical means or other
techniques in an audio and audiovisual commercial communication
which could affect the subconscious of spectators and
listeners.
(8) The average volume of an audio or audiovisual commercial
communication may not be louder than the average volume within
the interval of three minutes before the beginning of the
transmission of the audio or audiovisual commercial
communication.
(9) Surreptitious audio or audiovisual commercial
communication shall be prohibited.
(10) Product placement in the programme of an electronic mass
medium shall be permitted, except for the cases referred to in
Section 45, Paragraph one of this Law.
(11) The restrictions of audio and audiovisual commercial
communications referred to in this Law shall not apply to the
transmission of sporting and similar events in which advertising
materials are placed in the background of events (advertising
posters in stadiums, names of merchants and emblems, trademarks
and the like) and it is not possible to avoid them.
(12) When inserting audio and audiovisual commercial
communications in the programmes of electronic mass media, they
shall be separated from other parts of the programme at the
beginning and the end by optical and acoustic means so that such
communications can be immediately recognised and easily
identified.
(13) Advertising and teleshopping shall be placed in blocks in
the programme of an electronic mass medium. Isolated advertising
and teleshopping spots shall be permitted during sports
broadcasts.
(14) It is prohibited to insert advertising in the radio
programmes of the electronic mass media that uses acoustic means
resembling the special sound signal of operative vehicles. It is
also prohibited to use such acoustic means for the separation of
the beginning and end of an advertising block from the rest of a
radio programme.
[18 April 2013; 2 June 2016; 5 November 2020]
Section 36. Restrictions on Audio
and Audiovisual Commercial Communications Related to Alcoholic
Beverages
(1) Advertising and teleshopping of beer and wine is
permitted, but advertising and teleshopping of other alcoholic
beverages is prohibited.
(2) The following provisions shall be observed when inserting
audio and audiovisual commercial communications related to
alcoholic beverages:
1) they may not be aimed at minors, and minors shall not
participate in them;
2) the consumption of alcoholic beverages shall not be linked
to enhanced physical performance or to driving;
3) they shall not claim that alcohol has therapeutic qualities
or that it is a stimulant, a sedative or a means of resolving
personal conflicts;
4) they shall not encourage immoderate consumption of alcohol
or present abstinence or moderation in a negative light;
5) they shall not place emphasis on a high alcoholic content
in alcoholic beverages;
6) they shall not create the impression that the consumption
of alcoholic beverages contributes towards social or sexual
success.
(3) The restrictions on audio and audiovisual commercial
communications referred to in this Section shall not apply to the
transmission of sporting and similar events in which advertising
materials are placed in the background of events (advertising
posters in stadiums, names of merchants and emblems, trademarks
and the like) and it is not possible to avoid them.
Section 37. Restrictions on Audio
and Audiovisual Commercial Communications in Respect of Medicinal
Products and Medical Treatment
(1) Audio and audiovisual commercial communications for
medicinal products not registered in Latvia or in accordance with
the centralised procedures for the registration of medicinal
products of the European Medicines Agency and also prohibited
medical treatment shall be prohibited.
(2) Audio and audiovisual commercial communications for
medicinal products and medical treatment available only on
prescription by a physician or the direction of a physician in
Latvia shall be prohibited.
(3) Radio and teleshopping of medicinal products which in
accordance with Directive 2001/83/EC of the European Parliament
and of the Council of 6 November 2001 on the Community code
relating to medicinal products for human use require registration
of medicinal products and also radio and teleshopping for medical
treatment shall be prohibited.
[18 April 2013]
Section 38. Restrictions on Audio
and Audiovisual Commercial Communications in Respect of
Minors
(1) Audio and audiovisual commercial communications may
not:
1) cause physical or moral harm to minors;
2) directly encourage them 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;
4) unreasonably show minors in dangerous situations;
5) directly encourage minors to buy or hire (lease) goods.
(2) The target audience of such audio and audiovisual
commercial communications in which it is offered to buy a good
via telephone or Internet may not be minors.
(3) In audio and audiovisual commercial communications the
target audience of which is minors may not, in advertising a
good, make reference to an additional product, if it is not
integrated in the composition of the main product.
Section 39. Sponsorship and
Prohibition Thereof
(1) The goods or services of the sponsor or another person may
not be directly or indirectly advertised in sponsored programmes
or broadcasts by incorporating in them direct or indirect
references in relation to the purchase or hire (lease) of such
goods and services. Advertising by the sponsor or another person
may be inserted in a sponsored broadcast in accordance with the
provisions for the insertion of advertising.
(2) If a broadcast is sponsored in whole or in part, this
shall clearly be indicated at the beginning and also in the
middle or end of the broadcast, showing the name, emblems and
trademarks, if any, of the sponsor, or by references to the goods
or services of the sponsor.
(3) The content and scheduling of a sponsored broadcast may
not be influenced by the sponsor.
(4) Private persons whose basic activities are connected with
the manufacture of such goods or the provision of such services
the advertising of which is prohibited may not be sponsors of
broadcasts. During broadcasts sponsored by private persons the
work of which is linked with the manufacture or trade of
medicinal products and medical treatment it shall be permitted to
promote the name or image of such private person (sponsor), but
not the specific medicinal product available only on prescription
by a physician or medical treatment according to the direction of
a physician.
(5) The sponsorship of news and current affairs broadcasts is
prohibited. This prohibition shall not be applicable to weather
forecasts, financial market information, sports reviews and
similar narrowly focused broadcasts which have been clearly
separated from news and current affairs broadcasts.
[18 April 2013]
Section 39.1 Restrictions
of Audio and Audiovisual Commercial Communications in Relation to
Public Electronic Mass Media
[1 January 2021 / See Paragraph 34.1 of
Transitional Provisions]
Chapter
VII.
Audiovisual Commercial Communications and Product Insertion
Section 40. Types of Advertising
The following types of advertising may be inserted in the
programmes of audiovisual electronic mass media:
1) advertising spot;
2) extended advertising spot;
3) split-screen advertising;
4) virtual advertising;
5) interactive advertising.
Section 41. Additional Requirements
for the Insertion of Certain Types of Advertising
(1) When inserting an extended advertising spot, the following
provisions shall be comploed with:
1) during the whole period of an extended advertising spot
there is an indication that an extended advertising spot is being
transmitted;
2) the extended advertising spot may not be transmitted
between the hours of 19.00 and 23.00.
(2) When inserting a split-screen advertising, the following
provisions shall be complied with:
1) the split-screen advertising may not take up more than one
third of a screen;
2) the area of the split-screen advertising is unchangeable,
easily identifiable and clearly separated from the rest of the
screen by visual means. If the split-screen advertising is
inserted when a clock is shown between broadcasts, it does not
have to be separated by visual means from the rest of the
screen;
3) an electronic mass medium may insert the split-screen
advertising in broadcasts produced by independent producers or
other audiovisual electronic mass media only upon the consent of
the holder of rights;
4) the split-screen advertising is counted in the amount of
advertising laid down in Section 42 of this Law.
(3) When inserting a virtual advertising, the following
provisions shall be complied with:
1) an electronic mass medium shall indicate the presence of
virtual advertising at the beginning and end of a broadcast;
2) an audiovisual electronic mass medium may not insert
virtual advertising without the prior consent of the organiser of
event, producer or author of the broadcast;
3) an organiser of event may not insert virtual advertising in
a television signal without the prior consent of the audiovisual
electronic mass medium which has acquired transmission
rights;
4) it is prohibited to place virtual advertising on the images
of natural persons;
5) the virtual advertising may be placed only on such surfaces
which are usually used for advertising. In sports competitions
the virtual advertising may be placed also on the playing surface
outside the time of competition.
(4) In ensuring access to an interactive advertising
environment, prior to access to the detailed content of the
advertising a warning in the language of the broadcast shall be
placed on the screen informing viewers that they are leaving the
broadcast and are entering the interactive advertising
environment.
[5 November 2020]
Section 42. The Amount of
Advertising and Teleshopping
(1) The time reserved for advertising and teleshopping (except
for the teleshopping windows) in television programmes of the
electronic mass media between the hours of 6.00 and 18.00 and
between the hours of 18.00 and 24.00 may not exceed 20 per cent
of the content included in the relevant time intervals.
(2) For the purposes of this Section, the following shall not
be considered as advertising:
1) notifications of the audiovisual electronic mass media of
their own broadcasts and other products which are directly
derived from their broadcasts or of other broadcasts and
audiovisual electronic mass media services belonging to the same
group of companies of broadcasting organisations, and also
notifications of sponsors and product placement;
2) social communications, public service announcements and
invitations to participate in charity appeals, as well as virtual
advertising which are distributed free of charge. The criteria
for the application of this Clause shall be determined in the
national strategy for the development of the electronic mass
media sector;
3) neutral frames between editorial content and television
advertising or teleshopping spots and between individual
spots.
(3) [1 January 2021 / See Paragraph 34.1 of
Transitional Provisions]
[20 June 2018; 5 November 2020 / The amendment
regarding the deletion of the second sentence of Paragraph one
shall come into force on 1 January 2021. See Paragraphs 34
and 34.1 of Transitional Provisions]
Section 43. The Amount of
Teleshopping Windows
(1) Distribution of not more than eight teleshopping windows
shall be permitted within a twenty-four hour period. The total
volume of their transmission time may not exceed three hours in a
twenty-four hour period, and they shall be clearly identified as
teleshopping windows by visual and acoustic means.
(2) The provisions of Paragraph one of this Section shall not
apply to programmes in which only teleshopping is being
demonstrated. Advertising in such programmes shall be inserted in
accordance with the general provisions for the insertion of
advertising.
Section 44. Insertion of Advertising
and Teleshopping in a Programme
(1) Advertising and teleshopping shall be inserted between
broadcasts. If the provisions of Paragraphs two, three and four
of this Section are observed, advertising and teleshopping may
also be inserted during programmes but in such a way that the
integrity of the programmes and the interests of copyright owners
are not injured.
(2) In broadcasts consisting of autonomous parts or in the
broadcasting of sports programmes and of similar events and
performances, in which there are breaks, advertising and
teleshopping may be inserted only between these parts or in these
breaks.
(3) Films, excluding series, serials and documentaries, and
news broadcasts may be interrupted by advertising and
teleshopping only once in each 30 minute period.
(4) Insertion of advertising and teleshopping is prohibited
during the transmission time of a national holiday and religious
ceremonies. Insertion of teleshopping is prohibited during the
transmission time of broadcasts intended for children's
audience.
[5 November 2020]
Section 45. Product Placement
(1) Product placement in a programme or broadcast catalogue is
prohibited during any news and current affairs broadcasts,
consumer affairs broadcasts, religious broadcasts, and also
broadcasts intended for children's audience.
(2) Broadcasts containing product placement shall meet all of
the following requirements:
1) the content of a broadcast and a programme shall in no
circumstances be influenced in such a way that would affect the
editorial responsibility and independence of the electronic mass
medium;
2) a broadcast shall not directly encourage the purchase or
rental of goods or services, in particular by making special
promotional references to those goods or services;
3) undue prominence to the product in question shall not be
given in a broadcast;
4) viewers shall be clearly informed of the existence of
product placement. In order to avoid any confusion on the part of
the viewer, broadcasts containing product placement shall be
appropriately identified at the beginning and the end of the
broadcast, and when the broadcast resumes after an advertising
break. The provisions of this Clause shall be applicable to such
broadcasts which are produced by the audiovisual electronic mass
medium itself or a company belonging to a group of undertakings
or which have been established upon request of the respective
audiovisual electronic mass medium or a company belonging to a
group of undertakings;
(3) It is prohibited to place the following products and
services in broadcasts of an audiovisual electronic media:
1) tobacco products, herbal products for smoking, electronic
smoking devices or filling containers or the products of such
undertakings the principal activity of which is related to the
manufacture or sale of tobacco products, herbal products for
smoking, electronic smoking devices or filling containers;
2) medicinal products and medical treatment available only on
prescription by a physician or the direction of a physician in
Latvia.
[18 April 2013; 2 June 2016; 5 November 2020]
Chapter
VIII.
Audio Commercial Communications
Section 46. Additional Requirements
for the Insertion of an Extended Advertising Spot in Programmes
of Audio Electronic Mass Media
The following provisions shall be observed when inserting an
extended advertising spot in the programmes of an audio
electronic mass medium:
1) at the beginning and the end of the advertising it shall be
indicated that an extended advertising spot is being
transmitted;
2) an extended advertising spot may not resemble an already
existing broadcast and it may not be presented by journalists
working for the relevant electronic mass medium.
Section 47. Restrictions on the
Amount of Advertising in Programmes of Audio Electronic Mass
Media
(1) The time reserved for advertising in the radio programmes
of electronic mass media may not exceed 20 per cent of each
natural clock hour.
(2) For the purposes of this Section, the following shall not
be considered as advertising:
1) notifications of the audio electronic mass media regarding
their own broadcasts and other products which are directly
derived from their broadcasts, notifications of sponsors and
product placement;
2) social communications, public service announcements and
invitations to participate in charity appeals, which are
distributed free of charge. The criteria for the application of
this Clause shall be determined in the national strategy for the
development of the electronic mass media sector.
(3) [1 January 2021 / See Paragraph 34.1 of
Transitional Provisions]
[20 June 2018 / The amendment regarding the deletion
of the second sentence of Paragraph one shall come into force on
1 January 2021. See Paragraphs 34 and 34.1 of
Transitional Provisions]
Section 48. The Amount and Insertion
of Radio Shopping and Radio Shopping Window in a Programme
(1) The time reserved for radio shopping (except for a radio
shopping window) in the radio programmes of electronic mass media
may not exceed 20 per cent of each natural clock hour.
(2) Distribution of not more than eight radio shopping windows
shall be permitted within a twenty-four hour period. The total
volume of their transmission time may not exceed three hours in a
twenty-four hour period, and they shall be clearly identified as
radio shopping windows by acoustic means.
(3) Radio shopping shall be inserted between broadcasts. The
radio shopping may also be inserted during broadcasts, but in
such a way that the integrity of the broadcasts and the interests
of copyright owners are not injured.
(4) In broadcasts consisting of autonomous parts or in the
broadcasting of sports programmes and of similar events and
performances, in which there are breaks, radio shopping may be
inserted only between these parts or in these breaks.
(5) Insertion of radio shopping during the transmission time
of a national holiday and religious ceremonies is prohibited.
[10 December 2020 / The amendment regarding the
deletion of the second sentence of Paragraph one shall come into
force on 1 January 2021. See Paragraph 40 of Transitional
Provisions]
Chapter
IX.
The Right to Information and Liability
Section 49. The Right of the
Electronic Mass Media to Information
For the purpose of producing and distributing short news
reports not exceeding 90 seconds in length, all electronic mass
media under the jurisdiction of European Union Member States or
European Convention on Transfrontier Television Member States
shall be ensured free access to the broadcaster's signal at
events intended for a wide audience and that generate general
interest, and which are broadcast on an exclusive basis by an
audio or audiovisual media service provider under the
jurisdiction of the Republic of Latvia.
Section 50. Protection of Person's
Rights in Case of Distribution of False Information
(1) A person regarding whom false information was given in a
broadcast by an electronic mass medium may demand that the same
electronic mass medium distribute a retraction of such
information, as well as a person's reply. A person is entitled to
demand that his or her reply is distributed regardless of whether
such person has requested a retraction of the relevant
information.
(2) A person who is of the opinion that the false information
distributed by an electronic mass medium injures him or her has
the right to view or listen to the broadcast in question free of
charge at the same electronic mass medium, as well as to receive
a copy of the recording of the broadcast. If the electronic mass
medium charges a fee for the issue of a copy of the recording, it
may not exceed the actual cost of making of a copy.
Section 51. The Right to Demand a
Retraction of False Information
(1) An application for the distribution of a retraction of
false information shall be submitted to the electronic mass
medium in writing within 14 days after the false information has
been distributed, specifying the particular information given in
a broadcast.
(2) The electronic mass medium shall examine the application
within seven days following the date of receipt thereof.
(3) If the electronic mass medium lacks sufficient proof that
the distributed information is true, it shall retract such
information no later than on the fifth day after examination of
an application in the same broadcast and at the same broadcast
time, but, if it is not possible - at a similar time.
(4) Upon distributing a retraction of false information, the
electronic mass medium shall specify what information is being
retracted.
(5) If the electronic mass medium does not agree to distribute
the retraction, it shall notify the applicant within seven days
after receipt of the application specifying the reasons for
refusal. If the electronic mass medium does not distribute a
retraction of false information in accordance with the procedures
specified in this Section, the submitter has the right to file a
claim in court for the retraction of false information.
Section 52. The Right to Demand
Distribution of a Reply
(1) The application to exercise the right to reply shall be
submitted to the electronic mass medium in writing within 14 days
after the information has been distributed, specifying the
particular information given in a broadcast, and the text of the
reply shall be appended to the application.
(2) A reply may be a recorded presentation by the injured
person or his or her representative on a programme of an
electronic mass medium or the reading of a statement prepared by
such person.
(3) The electronic mass medium shall examine the application
within seven days following the date of receipt thereof.
(4) The electronic mass medium shall ensure the same length of
time for the provision of a reply as was given to the false
information, or at least 90 seconds if the false information was
provided for a time less than 90 seconds.
(5) If the electronic mass medium lacks sufficient proof that
the distributed information is true, it shall retract such
information not later than on the fifth day after examination of
an application in the same broadcast and at the same broadcast
time, but, if it is not possible - ensure distribution of a reply
at an equivalent time. The electronic mass medium may refuse to
distribute a reply if the reply evidently contains a statement
which is criminally punishable.
(6) The electronic mass medium shall, within seven days after
the day of receipt of an application, notify the applicant of a
refusal in writing specifying the reasons for refusal. If the
electronic mass medium has not ensured distribution of a reply in
accordance with the procedures specified in this Section, the
submitter has the right to file a claim in court for the
distribution of a reply.
Chapter
X.
Provisions for the Use of a Radio Data System
[18 April 2013]
Section 53. Radio Data System
[18 April 2013]
Section 54. Traffic Announcement
[18 April 2013]
Section 55. Distribution of the
Programme Name of an Audio Electronic Mass Medium
[18 April 2013]
Chapter
XI.
National Electronic Mass Media Council
Section 56. Composition of the
Members of the National Electronic Mass Media Council
(1) The National Electronic Mass Media Council shall be
composed of five members elected by the Saeima. The
procedures for election of the Council shall be determined by the
Rules of Order of the Saeima.
(2) The candidates for members of the National Electronic Mass
Media Council who comply with the criteria specified in Paragraph
three of this Section and in respect of whom the restrictions
referred to in Paragraph four of this Section do not exist, upon
consultation with associations and foundations acting in the
field of mass media, education, culture, science and human
rights, shall be nominated by the Commission of Human Rights and
Public Affairs of the Saeima.
(3) A citizen of Latvia who has a declared place of residence
in Latvia, a higher education, professional or academic
experience of at least five years in the field of mass media,
education, culture, science or human rights, good reputation and
who in accordance with the requirements of this Law is entitled
to receive a special permit for access to official secrets may be
nominated as a candidate for a member of the National Electronic
Mass Media Council.
(4) A member of the National Electronic Mass Media Council may
not be:
1) an official of a political party or association of
political parties;
2) an owner of capital shares (shares) of the electronic mass
medium;
3) punished for an intentional crime if he or she has not been
exonerated or the criminal record has not been extinguished or
expunged.
(5) Work in the National Electronic Media Council shall be the
primary employment of a member of the Council. Restrictions and
prohibitions provided for public officials in the law On
Prevention of Conflict of Interests in Activities of Public
Officials shall apply to the members of the Council.
[18 April 2013; 1 December 2016]
Section 57. Status of the National
Electronic Mass Media Council
(1) The National Electronic Mass Media Council is an
independent, autonomous institution enjoying full rights, which
in accordance with the competence thereof shall represent the
interests of the public in the field of electronic mass media and
supervise the latter so that in their operations the Constitution
of the Republic of Latvia, this Law and other laws and
regulations be complied with. The Council is a derived public
entity.
(2) The National Electronic Mass Media Council shall act in
accordance with the requirements of the Constitution of the
Republic of Latvia, this Law and other laws and regulations.
(3) The financing necessary for the fulfilment of the
functions of the National Electronic Mass Media Council and for
active involvement in the work of the European Regulators Group
for Audiovisual Media Services (ERGA) shall be granted from the
State budget.
[16 June 2011; 5 December 2020; 10 December 2020 /
The amendment to Paragraph three regarding the deletion of the
words "including provision of the public service remit" shall
come into force on 1 January 2021. See Paragraph 40 of
Transitional Provisions]
Section 58. Provision of Activities
of the National Electronic Mass Media Council
(1) The work of the National Electronic Mass Media Council
shall be organised by the Chair of the Council who shall also be
responsible for the fulfilment of the tasks thereof. In order to
ensure the fulfilment of activities and tasks of the Council, its
Chair shall:
1) represent the Council without a special authorisation at
the institutions of public persons, as well as in relations with
private persons;
2) participate at the Cabinet meetings in an advisory
capacity;
3) handle the financial resources of the Council;
4) hire and dismiss employees of the secretariat of the
Council;
5) enter into agreements necessary for the provision of the
work of the Council.
(2) In the absence of the Chair of the National Electronic
Mass Media the duties of the Chair shall be performed by the
Vice-Chair.
(3) The obligations and rights of the members of the National
Electronic Mass Media Council shall be regulated by the
regulations on the internal procedures of the activity approved
by the Council.
(4) A secretariat shall be established to facilitate the work
of the National Electronic Mass Media Council.
(5) Remuneration (monthly salary, premiums, social guarantees,
etc.) for the members of the National Electronic Mass Media
Council and employees of the secretariat shall be determined in
accordance with the requirements of the Law on Remuneration of
Officials and Employees of State and Local Government
Authorities.
(6) The employees of the secretariat of the National
Electronic Mass Media Council may not receive remuneration from
the electronic mass media either directly or through
intermediaries.
Section 59. Mandate of the Members
of the National Electronic Mass Media Council and Termination
Thereof
(1) Members of the National Electronic Mass Media shall be
elected for a term of five years. Members of the Council may be
elected repeatedly, but not more than two times in
succession.
(2) The mandate of a member of the National Electronic Mass
Media Council shall terminate:
1) due to the dismissal of the member of the Council from the
office;
2) due to the expiry of the term of office of the member of
the Council;
3) if the member of the Council has been convicted of
committing an intentional criminal offence and the judgement has
come into legal effect;
4) due to the death of the member of the Council.
(3) The Saeima shall dismiss a member of the National
Electronic Mass Media Council from office if:
1) the member of the Council resigns of his or her own free
will. The member of the Council shall notify the Council of his
or her resignation in writing and the Council shall inform the
Saeima within 14 days following the receipt of the
member's notification;
2) the member of Council has not participated in the work of
the Council, including has not attended more than half of the
Council meetings without justification, or cannot fulfil his or
her office duties due to illness or other reasons for more than
six months in succession;
3) such condition specified in this Law which prevents the
respective person to be a member of the Council (including
non-compliance with the requirements referred to in Section 56,
Paragraph three of this Law) has been established.
[1 December 2016]
Section 60. Competence of the
National Electronic Mass Media Council in the Field of Electronic
Mass Media
(1) The National Electronic Mass Media Council shall:
1) maintain a register of the issued broadcasting permits and
retransmission permits;
2) collect, compile and analyse information regarding
operation and development of the electronic mass media;
3) co-operate with institutions of other countries which work
on matters regarding the operation and development of the
electronic mass media, and with the European Commission;
4) commission such sociological and other studies of problems
concerning the operation and development of the sector as are
necessary to facilitate the functions of the field;
5) listen to, analyse and compile suggestions, complaints and
other information submitted by viewers and listeners regarding
the operation of the electronic mass media;
6) make recordings of electronic mass media programmes or
requests them from electronic mass media;
7) request the documents from the electronic mass media which
attest that they comply with the provisions of Sections 46, 47
and 48 of this Law;
8) perform the monitoring of the electronic mass media and
compile results thereof;
81) according to the competence fulfil the
functions of a supervisory body within the meaning of the Law on
Information Society Services;
9) ensure the efficient and useful use of the State budget
resources that have been allocated in the interests of the
public;
10) promote the competitiveness of the electronic mass media
under the jurisdiction of Latvia in the Latvian, European and
world market;
11) create equal operational conditions for all the electronic
mass media under the jurisdiction of Latvia;
12) promote media literacy;
13) promote the policy of the electronic mass media
appropriate to the national interests of Latvia;
14) ensure the participation of the public, representatives of
the vocational and educational institutions of the mass media in
the drafting of the National Strategy for the Development of the
Electronic Mass Media Sector;
141) approve the list of television programmes to
be distributed to end-users for free in digital terrestrial
broadcasting. The criteria for the inclusion of electronic mass
media programmes in the list of television programmes to be
distributed to end-users for free in digital terrestrial
broadcasting shall be determined in the national strategy for the
development of the electronic mass media sector;
142) organise distribution of programmes included
in the list of television programmes to be distributed to
end-users for free in digital terrestrial broadcasting with
terrestrial transmitters;
15) perform other activities prescribed by laws and
regulations.
(2) The National Electronic Mass Media Council shall control
compliance with this Law:
1) by listening to and examining complaints;
2) by controlling the registration of the programmes of the
electronic mass media;
3) by performing random inspections of the content and quality
of the distributed programmes;
4) by providing information and hearing of complaints on any
problems in relation to the accessibility of the services or
information referred to in Section 24.1 of this Law to
persons with disabilities.
(3) The National Electronic Mass Media Council shall develop
and approve by normative regulations the national strategy for
the development of the electronic mass media sector. The national
strategy for the development of the electronic mass media sector
shall be an external legal act.
(4) In approving the national strategy for the development of
the electronic mass media sector and in performing other
functions specified in this Law, the National Electronic Mass
Media Council shall promote competition within the market of the
electronic mass media.
(5) When performing its tasks, the National Electronic Mass
Media Council shall not request and receive any instructions from
any other institution.
[14 February 2013; 21 November 2013; 24 April 2014; 23
November 2016; 20 June 2018; 5 November 2020; 10 December 2020
/ The amendment to Paragraph one, Clause 14 regarding the
deletion of the words "in the production of the public service
remit and supervision of the fulfilment thereof, and also" shall
come into force on 1 January 2021. See Paragraph 40 of
Transitional Provisions]
Section 61. Rights of the National
Electronic Mass Media Council
(1) The National Electronic Mass Media Council has the right
to:
1) examine the register and records of the programmes
distributed by the electronic mass medium;
2) request from the electronic mass media their financial
operations report, if these mass media have requested for or
acquire financing from the State or local government budget or
payment reductions;
3) arrive (also without prior warning) at any electronic mass
medium to carry out an inspection in order to ensure the
fulfilment of the tasks of State administration of the Council
determined in this Law;
4) on the basis of the decision of a judge referred to in
Section 61.1 of this Law, enter, in the presence of an
electronic mass medium and police (also without prior warning),
the objects in the ownership, possession or use of the respective
electronic mass medium, to carry out a forcible search of these
objects and to examine the property and documents therein
[including the inspection of information (data) in the electronic
information system - computers, floppy disks and other
information media] and record information in order to ensure the
fulfilment of the tasks of Sate administration of the Council
determined in this Law.
(2) If there are any free spots for television programmes
within the network where the distribution of free television
programmes with terrestrial transmitters is ensured, the National
Electronic Mass Media Council is, by ensuring accessibility of
information for the public, entitled to fill the free spots for
television programmes with commercial electronic mass media
programmes which have been selected by the open, transparent,
fair, efficient and non-discriminating tender procedure which
ensures equality and competition by concluding licence contracts
with electronic mass media on the distribution of these
programmes. When organising the tender, preference shall be given
to those electronic mass media programmes which ensure that at
least 20 per cent of the weekly transmission time is reserved to
the European audiovisual works that initially are produced in
Latvian. The National Electronic Mass Media Council may provide
in the provisions of the invitation to tender also other criteria
which ensure democratic, social and cultural needs of the public.
A licence contract shall be entered into on the distribution of
these programmes for a period of time which does not exceed five
economic years. The National Electronic Mass Media Council shall,
each year upon consulting with the advisory council of the
National Electronic Mass Media Council, evaluate whether an
electronic mass medium programme distributed for free with
terrestrial broadcasting complies with the provisions of this
Section and the provisions of the invitation to tender. The
appeal of a decision by the National Electronic Mass Media
Council on approval of tender results shall not suspend the
application thereof.
(3) The conclusion of licence contracts referred to in
Paragraph two of this Section shall be regarded to be the
granting of support for commercial activity to electronic mass
media and it shall be implemented in conformity with the
commercial activity support control norms.
[23 October 2014; 20 June 2018; 3 October 2019 /
Paragraphs two and three shall come into force on 1 January
2020. See Paragraph 35 of Transitional Provisions]
Section 61.1 Decision of
a Judge
(1) A judge of a district (city) court on the basis of the
legal address of the National Electronic Mass Media Council shall
take the decision on permission to perform the activities
referred to in Section 61, Clause 4 of this Law. The judge shall,
within 72 hours, examine the application by the Council and other
documents which justify the necessity to perform such activities,
hear the information provided by the representatives of the
Council and take a decision on permission of activities or a
decision on refusal to permit them. A true copy of a decision of
a judge shall be sent to the Council within 24 hours from the
moment of taking of the decision.
(2) In respect of the decision of a judge, a complaint may be
submitted to the Chief Judge within 10 days from the date of
receipt of the decision. A complaint shall be examined by the
Chief Judge within 10 days. A complaint of the Council regarding
a decision of a judge shall be examined with the participation of
a representative of the Council. A complaint of a person
regarding a decision of a judge shall be examined with the
participation of a representative of the Council and a
representative of the interested party. A decision taken by the
Chief Judge shall be final and not subject to appeal.
(3) A complaint may be satisfied or rejected by the Chief
Judge. When satisfying a complaint, the appealed decision may be
revoked or amended either in full or in part.
(4) Evidence obtained on the basis of the appealed decision
that has been revoked or amended in full or in part shall not be
used in the case to the extent to which the decision has been
found unlawful.
[23 October 2014]
Section 62. Competence of the
National Electronic Mass Media Council in the Field of the Public
Electronic Mass Media
[10 December 2020 / See Paragraph 40 of Transitional
Provisions]
Section 63. Public Advisory
Council
(1) The Public Advisory Council shall be an advisory
institution established by the National Electronic Mass Media
Council the task of which is to ensure the participation of the
public in the drafting of the National Strategy for the
Development of the Electronic Mass Media Sector. Decisions of the
Public Advisory Council shall be of a recommendatory nature.
(2) Representatives of associations, foundations, professional
institutions and other organisations acting in the field of the
mass media, education, culture, science and human rights, shall
be included in the composition of the Public Advisory
Council.
(3) The by-law of the Public Advisory Council shall be
approved by the National Electronic Mass Media Council.
[10 December 2020 / The amendment to Paragraph one
regarding the deletion of the words "the public service remit
and" shall come into force on 1 January 2021. See
Paragraph 40 of Transitional Provisions]
Chapter
XII.
Public Electronic Mass Media
[10 December 2020 / See Paragraph
40 of Transitional Provisions]
Section 64. Basic Conditions for
Operation of the Public Electronic Mass Media
[10 December 2020 / See Paragraph 40 of Transitional
Provisions]
Section 65. Administration of the
Public Electronic Mass Media
[10 December 2020 / See Paragraph 40 of Transitional
Provisions]
Section 65.1 Withdrawal
of the Board of Public Electronic Mass Media
[10 December 2020 / See Paragraph 40 of Transitional
Provisions]
Section 66. Programmes of the Public
Electronic Mass Media
[10 December 2020 / See Paragraphs 34.1 and 40 of
Transitional Provisions]
Section 67. Distribution of the
Programmes of the Public Electronic Mass Media
[10 December 2020 / See Paragraph 40 of Transitional
Provisions]
Section 68. Archives of the Public
Electronic Mass Media (Video and Audio Library)
[10 December 2020 / See Paragraph 40 of Transitional
Provisions]
Section 69. Obligations of Latvian
Television in Providing Support to the Latvian Film Sector
[10 December 2020 / See Paragraph 40 of Transitional
Provisions]
Section 70. Financial Provision of
the Public Electronic Mass Media
[10 December 2020 / See Paragraph 40 of Transitional
Provisions]
Chapter
XIII.
The Public Service Remit
[10 December 2020 / See Paragraph
40 of Transitional Provisions]
Section 71. The Public Service
Remit
[10 December 2020 / See Paragraph 40 of Transitional
Provisions]
Chapter
XIV.
Provision of a Pay Television Service in Terrestrial
Broadcasting
[14 February 2013]
Section 72. Provision of a Pay
Television Service
(1) A pay television service shall be provided by one
electronic mass medium selected in accordance with tender
procedures and the distribution of programmes offered by it in
digital terrestrial broadcasting is ensured by using the services
provided by the State stock company Latvian Radio and Television
Centre. The provisions of this Chapter shall not be applicable to
the local electronic mass media to which a broadcasting permit
has been issued for the distribution of a television programme in
digital terrestrial broadcasting.
(2) The tender by-law shall be approved by the Cabinet.
Requirements to be set forth to pay television service providers,
assessment criteria, procedures for the organisation of the
tender, time period for which the rights to ensure a pay
television service are granted, fee for the use of broadcasting
networks to distribute pay television programmes in digital
format and other matters related to the organisation of the
tender shall be determined in the tender by-law.
(3) The provider of a pay television service shall be
determined by an interinstitutional commission set up by the
Cabinet that is composed of the representatives of the National
Electronic Mass Media Council, the Ministry of Transport, the
Ministry of Culture, and the Competition Council. The commission
by-law shall be approved by the Cabinet.
(4) Experience in ensuring television programmes to end-users,
availability of customer service in the territory of the State,
finances and stability, strategy for ensuring the service and
also other criteria determined in the tender by-law shall be
taken into account upon assessing applicants for the provision of
a pay television service.
(5) The tender result shall be approved by an order of the
Cabinet. The order of the Cabinet may be appealed in the District
Administrative Court in accordance with the procedures prescribed
by the Administrative Procedure Law. The appeal of the order
shall not suspend the application thereof.
[14 February 2013 / See Paragraph 23 of Transitional
Provisions]
Section 73. Obligations of and
Restrictions on a Pay Television Service Provider
(1) A pay television service shall be provided in accordance
with this Law, tender by-law and the requirements set out in the
national strategy for the development of the electronic mass
media sector.
(2) The rights to ensure the provision of a pay television
service must not be transferred to third persons.
(3) Upon providing a pay television service, the provider of a
pay television service shall ensure the following:
1) operation of a customer day-and-night service call
centre;
2) accounting of pay programme customers, servicing thereof
and provision of the requested service in accordance with the
liabilities towards a user and in accordance with the issued
retransmission permits;
3) supply of a television programme signal to the State stock
company Latvian Radio and Television Centre for further
distribution by terrestrial transmitters in digital format in
accordance with a mutually signed contract.
(4) A pay television service shall be technologically ensured
in a way that customers would be able to continue using current
reception equipment. The use of other receiving equipment shall
be permitted upon introducing new television technologies.
(5) Every year by 30 June, the provider of a pay television
service shall provide to the National Electronic Mass Media
Council information on the compliance of the provision of a pay
television service with the strategy for ensuring the service
specified in the tender proposal.
(6) If a pay television service provider plans to expand the
geographical coverage, it shall, by 31 March of the calendar
year, submit to the State stock company Latvian Radio and
Television Centre a request for expanding the geographical
coverage. The increase in the fee related to ensuring the
referred to request and which is determined in accordance with
the tariff calculation methodology approved by the Cabinet shall
be covered by a pay television service provider.
(7) The National Electronic Mass Media Council shall monitor
the compliance of the provision of a pay television service with
the requirements of this Law and tender by-law.
[14 February 2013 / See Paragraph 23 of Transitional
Provisions]
Section 74. Annulment of the Rights
Granted to a Pay Television Service Provider
The Cabinet has the right to annul the rights to provide a pay
television service if:
1) a pay television service provider has terminated its
operations;
2) a pay television service provider fails to comply with the
provisions of Section 73 of this law or the obligations included
in the tender by-law;
3) a pay television service provider fails to fulfil the
objectives set forth in the strategy for the provision of the
service contained in the tender proposal.
[14 February 2013 / See Paragraph 23 of Transitional
Provisions]
Section 75. Approval of a New Pay
Television Service Provider
(1) If the Cabinet has annulled the rights granted to a pay
television service provider, it shall approve another pay
television service provider selected as the result of a tender
within a period of six months.
(2) Until the time when the Cabinet order on the approval of a
new pay television service provider comes into force, the
previous approved pay television service provider shall continue
the work.
[14 February 2013 / See Paragraph 23 of Transitional
Provisions]
Chapter
XV.
Administrative Offences in the Field of Electronic Mass Media and
Competence in the Administrative Offence Proceedings
[4 June 2020 / Chapter
shall come into force on 1 July 2020. See Paragraph 38 of
Transitional Provisions]
Section 76. Violation of the
Provisions for the Accounting, Storage and Recording of
Programmes
For violating the provisions for the accounting, storage and
recording of programmes of electronic mass media laid down in
this Law, a warning or fine from four to twenty units of fine
shall be imposed on a natural person, but a fine from ten to two
hundred units of fine - on a legal person.
[4 June 2020 / Section shall come into force on 1
July 2020. See Paragraph 38 of Transitional
Provisions]
Section 77. Failing to Provide
Translation in the Official Language for Radio and Television
Broadcasts
For failing to provide translation in the official language
for a radio or television broadcast, provided that this Law
imposes the obligation to provide such translation, a warning or
fine from twenty-eight to one thousand units of fine shall be
imposed on a legal person.
[4 June 2020 / Section shall come into force on 1
July 2020. See Paragraph 38 of Transitional
Provisions]
Section 78. Violation of the
Provisions for the Provision or Distribution of Audio and
Audiovisual Notifications
For violating the procedures laid down in this Law for the
provision or distribution of audio and audiovisual commercial
notifications, a warning or fine from seven to twenty-eight units
of fine shall be imposed on a natural person, but a fine from
fourteen to one thousand four hundred and twenty units of fine -
on a legal person.
[4 June 2020 / Section shall come into force on 1
July 2020. See Paragraph 38 of Transitional
Provisions]
Section 79. Violation of the Basic
Provisions for the Operation of Electronic Mass Media
(1) For non-conformity of the operation of an electronic mass
medium with basic provisions for the operation of television and
radio programmes submitted by the electronic mass medium and
provided for in this Law, a warning or fine from ten to one
hundred units of fine shall be imposed on a natural person, but a
fine from one hundred to two thousand units of fine - on a legal
person.
(2) For non-conformity of the operation of an electronic mass
medium with basic provisions for the operation in respect of
on-demand services submitted by the electronic mass medium and
provided for in this Law, a warning or fine from ten to one
hundred units of fine shall be imposed on a natural person, but a
fine from one hundred to two thousand units of fine - on a legal
person.
[4 June 2020 / Section shall come into force on 1
July 2020. See Paragraph 38 of Transitional
Provisions]
Section 80. Violation of the
Prohibitions and Restrictions Determined for the Operation of
Electronic Mass Media and Providers of Television Programme
Distribution Services or Failure to Comply with Their
Obligations
(1) For violating the prohibitions and restrictions or failing
to comply with the obligations in respect of creation of
electronic mass media programmes or provision of on-demand
services laid down in this Law, a warning or fine from ten to one
hundred units of fine shall be imposed on a natural person, but a
fine from one hundred to two thousand units of fine - on a legal
person.
(2) For violating the prohibitions and restrictions for the
providers of television programme distribution services laid down
in this Law or failing to perform the imposed obligations, a
warning or fine from ten to one hundred units of fine shall be
imposed on a natural person, but a fine from one hundred to two
thousand units of fine - on a legal person.
[4 June 2020 / Section shall come into force on 1
July 2020. See Paragraph 38 of Transitional
Provisions]
Section 81. Violation of the
Provisions for the Registration and Notification of Electronic
Mass Media Services
(1) For broadcasting or re-transmission of the electronic mass
media programme without a broadcasting or re-transmission permit
issued by the National Electronic Mass Media Council, and also
for re-transmission of such programmes which are not included in
the list of audio and audiovisual programmes to be re-transmitted
in Latvia, a warning or fine from twenty to one hundred and forty
units of fine shall be imposed on a natural person, but a fine
from one hundred to two thousand and eight hundred units of fine
- on a legal person.
(2) For provision of on-demand audiovisual service of an
electronic mass medium without provision of notification to the
National Electronic Mass Media Council, a warning or fine from
ten to one hundred and forty units of fine shall be imposed on a
natural person, but a fine from two hundred to two thousand and
eight hundred units of fine - on a legal person.
[4 June 2020 / Section shall come into force on 1
July 2020. See Paragraph 38 of Transitional
Provisions]
Section 82. Competence in the
Administrative Offence Proceedings
The National Electronic Mass Media Council shall conduct the
administrative offence proceedings for the offences referred to
in Sections 76, 77, 78, 79, 80 and 81 of this Law.
[4 June 2020 / Section shall come into force on 1
July 2020. See Paragraph 38 of Transitional
Provisions]
Transitional
Provisions
1. With the coming into force of this Law, the Radio and
Television Law (Latvijas Republikas Saeimas un Ministru
Kabineta Ziņotājs, 1995, No. 20; 1996, No. 22; 1997, No. 11,
23; 1998, No. 24; 1999, No. 5, 22, 24; 2001, No. 6; 2002, No. 22;
2003, No. 12; 2005, No. 2; 2009, No. 2, 3, 21; Latvijas
Vēstnesis, 2009, No. 193) is repealed.
2. The National Electronic Mass Media Council shall be the
successor to the rights and obligations of the National Radio and
Television Council.
3. Those members of the National Radio and Television Council
who in accordance with the Radio and Television Law have been
elected prior to the coming into force of this Law shall continue
to fulfil their duties as the members of the National Electronic
Mass Media Council until the end of the term for which they have
been elected in accordance with the Radio and Television Law, and
also after the end of the referred to term - until the formation
of the full composition of the new National Electronic Mass Media
Council, but not longer than by 1 February 2012. These conditions
regarding the extension of the term of office of a member of the
National Electronic Mass Media Council shall not be applicable in
the cases when the mandate of a member of the National Electronic
Mass Media Council has expired in accordance with the conditions
of Section 59, Paragraph two, Clauses 1, 3 or 4 of this Law.
[8 September 2011]
4. Until 1 September 2010, the National Electronic Mass Media
Council shall take the decision to reorganise the non-profit
organisation limited liability company Latvian Radio and
non-profit organisation limited liability company Latvian
Television into the State limited liability company Latvian Radio
and the State limited liability company Latvian Television, as
well as approve the statutes of these companies which comply with
the requirements of the laws and regulations regarding
application of companies for entering in the Commercial Register.
Not later than within 10 days after the day of taking the
decision referred to in this Paragraph, the non-profit
organisation limited liability company Latvian Radio and
non-profit organisation limited liability company Latvian
Television shall submit an application to the Register of
Enterprises of the Republic of Latvia regarding entering thereof
in the Commercial Register as the State limited liability company
Latvian Radio and the State limited liability company Latvian
Television. Until entering of the relevant companies in the
Commercial Register their entrepreneurial activity shall be
performed in accordance with those laws in accordance with which
these companies were operating by 31 December 2004.
5. Until 1 January 2011, the Latvian Radio and Latvian
Television shall develop the by-law regarding the use of funding
intended for the production of the public service remit.
6. Insofar as it is not in contradiction with this Law, the
Cabinet Regulation No. 714 of 2 September 2008, Procedures for
the Implementation of the Broadcasting of Programmes Produced by
Public Electronic Mass Media in Digital Format, shall be
applicable until 31 December 2013.
7. Until 1 December 2011, the regional and local electronic
mass media may continue terrestrial broadcasting of their
television programmes in analogue format with their own technical
means.
8. After 1 December 2011, but not longer than until 30 June
2015, the regional and local electronic mass media may continue
terrestrial broadcasting of their television programmes in
analogue format with their technical means, if it is technically
possible in the relevant frequency and it does not interfere with
the broadcasting of television programmes in digital format, upon
prior co-ordination of it with the State stock company Electronic
Communications.
[14 February 2013]
9. The electronic mass media referred to in Paragraphs 7 and 8
of these Transitional Provisions shall be classified in
accordance with the requirements of Section 10, Paragraph one and
Section 11 of this Law.
10. Paragraphs 7 and 8 of these Transitional Provisions shall
not be applicable to those electronic mass media which have been
established after the day of coming into force of this Law.
Terrestrial broadcasting of the programmes of such electronic
mass media shall be ensured in digital format.
11. In order to commence terrestrial broadcasting in digital
format, an electronic mass media shall re-register previously
received broadcasting permits and retransmission permits for
terrestrial broadcasting. If necessary, the National Electronic
Mass Media Council shall make amendments in the abovementioned
permits. Upon the re-registration of the previously received
broadcasting permits, a condition regarding the use of a joint
transmitter shall be included in the broadcasting permit of a
local electronic mass medium, if the available frequency spectrum
resource for transmitting several local electronic mass media
television programmes in digital format in the same geographical
territory does not allow to determine separate frequency
allotments.
[14 February 2013]
12. Until 31 December 2013 the part of terrestrial
broadcasting of television programmes of electronic mass media in
digital format shall be ensured by the merchant specified in
Section 72 of this Law. Until 31 December 2012 the Cabinet shall
develop and submit to the Saeima the draft law which
provides conditions by which the electronic mass media shall
either choose a merchant which will ensure distribution of their
programmes, or will provide terrestrial broadcasting of their
programmes in digital format by themselves starting form 1
January 2014.
13. Until 1 January 2011, the Cabinet shall develop and submit
to the Saeima the draft laws regarding the necessary
amendments to other laws.
14. Until the day of coming into force of the Cabinet
Regulation referred to in Section 18, Paragraph three and Section
19, Paragraph two of this Law, but not longer than by 1 January
2011, the Cabinet Regulation No. 1617 of 22 December 2009,
Regulation Regarding the State Fee for the Issue of Broadcasting
Permit, Retransmission Permit, Special Permit (Licence) for the
Operation of Cable Television and Cable Radio (Radio
Transmission) and Re-registration Thereof, shall apply in so far
as it is not in contradiction with this Law.
15. The term "electronic mass medium" used in this Law shall
comply with the terms "radio", "television" and "broadcasting
organisation" used in other laws and regulations.
16. Section 28, Paragraph five and Section 32, Paragraphs two
and three of this Law shall be applicable from 1 January
2011.
17. Section 71, Paragraph two of this Law shall be applicable
from 1 January 2012. Until 31 December 2011, the legal
regulation, which in respect of performers of the national remit
has been determined in Section 56 of the Radio and Television Law
referred to in Paragraph 1 of these Transitional Provisions,
shall be applied in respect of performers of the public service
remit.
18. [18 April 2013]
19. From 31 March 2013 to 31 December 2013, the conditions
referred to in Section 19, Paragraph six of this Law shall not be
applied in respect of the supply of commercial national
electronic mass media television programmes to the subscribers of
the respective cable television.
[4 October 2012]
20. [21 November 2013]
21. Amendments to this Law with regard to the new wording of
Section 13, the supplementation of Section 19 with Paragraph
1.1 and also the new wording of Section 18, Paragraph
seven and Section 19, Paragraph three shall come into force on 1
January 2014.
[14 February 2013]
22. Until 31 March 2013, the Cabinet shall adopt the by-law of
the tender on the provision of pay television services referred
to in Section 72, Paragraph two of this Law and the by-law of an
interinstitutional commission referred to in Paragraph three.
[14 February 2013]
23. Sections 72, 73, 74, and 75 of this Law (in the wording
which comes into force on 15 March 2013) shall not be applied to
digital terrestrial broadcasting and to a merchant which ensures
the latter approved by the Cabinet by 31 December 2013. With
regard to digital terrestrial broadcasting, the provisions of
Sections 72, 73, 74, and 75 of this Law, except for Section 72,
Paragraph five, shall be applied by 31 December 2013 in the
wording thereof as in force on 14 March 2013.
[14 February 2013; 18 April 2013]
24. If the allotment determined in the broadcasting permit
issued to electronic mass media does not correspond to the norms
of this Law according to the coverage area, the broadcasting
permit shall be re-registered by 31 December 2014.
[18 April 2013; 21 November 2013]
25. Amendments to this Law with regard to the new wording of
Section 19, Paragraph six, the supplementation of Section 19 with
Paragraphs 6.1 and 6.2 and also the
amendment on the deletion of Section 19, Paragraph seven shall
come into force on 1 January 2014.
[21 November 2013]
26. Until 31 December 2013, the National Electronic Mass Media
Council shall take the decision referred to in Section 60,
Paragraph one, Clause 14.1 of this Law whereby the
list of programmes to be distributed to end-users for free is
approved. By the day of the coming into force of the respective
decision, the list of programmes to be distributed to end-users
for free shall be determined in accordance with Cabinet
regulations referred to in Paragraph 6 of these Transitional
Provisions.
[21 November 2013]
27. Such electronic mass medium radio programme in whose
broadcasting permit of the radio programme it is determined or it
is derived from it that the share of a radio programme in the
official language must not be less than 51 per cent shall be in
the official language from 1 January 2017. The electronic mass
medium whose radio programme from 1 January 2017 is in the
official language shall re-register its broadcasting permit by 31
December 2016. The re-registered broadcasting permit shall come
into force on 1 January 2017.
[23 October 2014; 17 December 2015]
28. The electronic mass medium in whose broadcasting permit of
the radio programme it is determined or it is derived from it
that the share of a radio programme in the official language is
50 per cent or may be less than 50 per cent shall choose whether
from 1 January 2017 the language of the distributed radio
programme is the official language or foreign language and shall
re-register its broadcasting permit by 31 December 2016. The
re-registered broadcasting permit shall come into force on 1
January 2017.
[23 October 2014; 17 December 2015]
28.1 The broadcasting permit of an electronic mass
media radio programme which has been re-registered in accordance
with Paragraph 27 or Paragraph 28 of the Transitional Provisions
of this Law (in the wording which comes into force on 26 November
2014) shall come into force on 1 January 2016. Until 31 December
2016, the electronic mass medium may retain the use of the
language determined in the broadcasting permit of the radio
programme issued previously, if it has notified the National
Electronic Mass Media Council thereon by 15 January 2016.
[17 December 2015]
29. If the electronic mass medium in whose broadcasting permit
of the radio programme it is determined or it is derived from it
that the share of a radio programme in the official language is
50 per cent or may be less than 50 per cent has not chosen
whether from 1 January 2017 the language of the distributed radio
programme is the official language or foreign language and has
not re-registered its broadcasting permit by 31 December 2016,
the radio programme of this electronic mass medium shall be in
the official language from 1 January 2017. Until 15 January 2017,
the National Electronic Mass Media Council shall issue a new
broadcasting permit of a radio programme to the electronic mass
medium referred to in this Paragraph on the basis of this
Law.
[23 October 2014; 17 December 2015]
30. The electronic mass medium which has received the
broadcasting permit for the radio programme prior to the coming
into force of the restrictions specified in Section 33,
Paragraphs two and three of this Law shall ensure compliance with
the relevant restrictions from 1 January 2016.
[23 October 2014]
31. The amendment to Section 5, Paragraph one of this Law with
regard to the replacement of words "law On Capital Shares and
Enterprises of State and Local Governments" with words "Law on
Governance of Capital Shares of a Public Person and Capital
Companies" shall come into force on 1 January 2015.
[23 October 2014]
32. The provisions of Section 19, Paragraphs twelve and
thirteen of this Law shall be applied from 1 July 2017. Until
such date, the electronic mass media which perform the
retransmission of television programmes shall receive the
necessary retransmission permits at the National Electronic Mass
Media Council.
[17 December 2015]
33. The amendments to Section 22 of this Law which provide for
the submission of the notification on commencing the provision of
an on-demand electronic mass media service to the National
Electronic Mass Media Council shall not be applicable to such
electronic mass media which are registered as the providers of
on-demand electronic mass media services at the National
Electronic Mass Media Council by the date of the coming into
force of these amendments.
[17 December 2015]
34. Section 39.1, amendments to Section 42,
Paragraph one which provide for the deletion of the second
sentence, Section 42, Paragraph three, amendments to Section 47,
Paragraph one which provide for the deletion of the second
sentence, Section 47, Paragraph three, and Section 66, Paragraph
seven of this Law shall come into force on 1 January 2021. Upon
planning the State budget, financing adequate for these
amendments shall be envisaged.
[20 June 2018]
34.1 Section 39.1, Section 42, Paragraph
three, Section 47, Paragraph three, Section 66, Paragraph seven
of this Law (the wording of the Law of 20 June 2018) shall be
repealed concurrently with the coming into force of the Law on
Public Electronic Mass Media and Administration Thereof.
[10 December 2020]
35. The amendments to this Law with regard to the new wording
of Section 13, Paragraph one, Clause 3 and Paragraph six, the
supplementation of this Section with Paragraph seven, the
supplementation of Section 60, Paragraph one with Clause
14.2, the supplementation of Section 61 with
Paragraphs two and three, and the amendment on the deletion of
Section 71, Paragraph five shall come into force on 1 January
2020. Until 30 June 2019, the National Electronic Mass Media
Council shall submit to the Commission of Human Rights and Public
Affairs of the Saeima a report on the progress of the
harmonisation of aid for commercial activity with the
Directorate-General for Competition of the European Commission.
If necessary, the Cabinet, shall, until 30 September 2019,
prepare and submit to the Saeima draft laws to ensure
implementation of the norms for the control of aid for commercial
activity.
[20 June 2018; 3 October 2019]
35.1 Until 31 December 2019, the National
Electronic Mass Media Council shall organise distribution of the
programmes included in the list of television programmes to be
distributed to end-users for free in digital terrestrial
broadcasting from 1 January 2020 by applying the provisions of
the legal norms referred to in Paragraph 35 of these Transitional
Provisions in the wording which will come into force on 1 January
2020.
[3 October 2019]
36. The amendments to this Law with regard to the
supplementation of Section 21.8 with Paragraphs two,
three, and four shall come into force on 1 January 2019. Upon
planning the State budget, financing adequate for these
amendments shall be envisaged.
[20 June 2018]
37. The electronic mass medium which has received a
broadcasting permit, retransmission permit or has notified on the
provision of an on-demand service shall submit to the National
Electronic Mass Media Council information on the beneficial owner
thereof by 31 December 2018.
[20 June 2018]
38. Chapter XV of this Law shall come into force concurrently
with the Law on Administrative Liability.
[4 June 2020]
39. Amendments to this Law regarding supplementation of
Section 19 with Paragraph 12.1 shall come into force
on 1 July 2021.
[11 June 2020]
40. Amendments to this Law regarding the deletion of Section
1, Clause 29, Section 2, Paragraph two, Clause 3, Section 15,
Paragraph three, Section 24, Paragraphs seven and eight, Section
28, Paragraph five, the second sentence of Section 48, Paragraph
one, Section 62, and Chapters XII and XIII; the amendment to
Section 57, Paragraph three regarding the deletion of the words
"including provision of the public service remit", the amendment
to Section 60, Paragraph one, Clause 14 regarding the deletion of
the words "in the production of the public service remit and
supervision of the fulfilment thereof, and also", the amendment
to Section 63, Paragraph one regarding the deletion of the words
"the public service remit and", the amendment to Section 28
regarding the supplementation of the second sentence of Paragraph
two thereof and the fourth sentence of Paragraph three thereof
with the words "and also in the case referred to in Section 8,
Paragraphs three and four of the Law on Public Electronic Mass
Media and Administration Thereof" and also the new wording of
Section 5 shall come into force concurrently with Law on Public
Electronic Mass Media and Administration Thereof.
[10 December 2020]
Informative
Reference to European Union Directives
[14 February 2013; 2 June 2016;
5 November 2020]
This Law contains legal norms arising from:
1) Directive 2002/22/EC of the European Parliament and of the
Council of 7 March 2002 on universal service and users' rights
relating to electronic communications networks and services
(Universal Service Directive);
2) Directive 2009/136/EC of the European Parliament and of the
Council of 25 November 2009 amending Directive 2002/22/EC on
universal service and users' rights relating to electronic
communications networks and services, Directive 2002/58/EC
concerning the processing of personal data and the protection of
privacy in the electronic communications sector and Regulation
(EC) No 2006/2004 on cooperation between national authorities
responsible for the enforcement of consumer protection laws;
3) Directive 2010/13/EU of the European Parliament and of the
Council of 10 March 2010 on the coordination of certain
provisions laid down by law, regulation or administrative action
in Member States concerning the provision of audiovisual media
services (Audiovisual Media Services Directive);
4) Directive 2014/40/EU of the European Parliament and of the
Council of 3 April 2014 on the approximation of the laws,
regulations and administrative provisions of the Member States
concerning the manufacture, presentation and sale of tobacco and
related products and repealing Directive 2001/37/EC;
5) Directive (EU) 2017/541 of the European Parliament and of
the Council of 15 March 2017 on combating terrorism and replacing
Council Framework Decision 2002/475/JHA and amending Council
Decision 2005/671/JHA;
6) Directive (EU) 2018/1808 of the European Parliament and of
the Council of 14 November 2018 amending Directive 2010/13/EU on
the coordination of certain provisions laid down by law,
regulation or administrative action in Member States concerning
the provision of audiovisual media services (Audiovisual Media
Services Directive) in view of changing market realities.
This Law has been adopted by the Saeima on 12 July
2010.
Acting for the President, Chairperson of
the Saeima G. Daudze
Rīga, 28 July 2010
1 The Parliament of the Republic of
Latvia
Translation © 2021 Valsts valodas centrs (State
Language Centre)