WORLD TRADE 
ORGANIZATION 
Council for Trade-Related Aspects 
of Intellectual Property Rights IP/N/lICZE/C/3 
15 March 1996 
(96-0923) 
Original: English 
MAIN DEDICATED INTELLECTUAL PROPERTY LAWS AND REGULATIONS 
NOTIFIED UNDER ARTICLE 63.2 OF THE AGREEMENT 
Czech Republic 
The present document reproducesl the following laws and regulations, as notified by the Czech 
Republic under Article 63.2 of the Agreement (see document IP/N/1/CZEIl): 
lIn English only Act on Some Conditions of Production, Dissemination 
and Filing of Audio-Visual Works, on Changes and 
Amendments of Acts and Other Legislation 
of 15 October 1993 
Act on the Operation of Radio and Television 
Broadcast of 30 October 1991 
Act on State Fund of the Czech Republic to Assist 
and Promote Czech Cinematography 
of 14 April 1992 2 
10 
44 JP IN II/CZE/C/3 
Page 2 
273 
ACT 
of 15th of October 1993 unofficial translation 
Appendix S 
011 Somc Conditions of Product iOIl, Dissemination and Filing 
of Audio-Visual \\'orks, on Changes and Amendmcnts 
of Acts and Other Legislation 
The Parliament has adopted the following Act of the Czech Republic: 
PART 1 
Conditions of Production, DisseInination and Filing 
of Audio-Visual \Vorks 
Section 1 
Definitions 
(1) For the purpose of the present Act, the following detinitions apply: 
a) audio-visual work shal1 be such work consisting of a sequence of mutually associated pictures, 
either accompanieu by sound or sounuless, perceivable by sight, and if accompanied hy si.)und, 
also perceivable hy hearing!), if designed for public dissemination2) with help of technical 
equ ipment. 
b) Czech auuio-visua\ work shall be such auuin-visual work whose maker, as under Paragraph 2, 
a), has had or at the time of the first public showing thereof had permanent aLlLlress or 
heauquarters in th<: territory of the Czech Republic; Czech audio-visual work shall also be such 
audio-visual work in the creation of which sllch maker has participated, 
c I audio-v isual uemonstratiun shall he publ ic demonstratiuI1 of auu io-v iSllal \vork with help of 
technical equipll:'~~llt, with the exception of television broadcasting:»; audio-visual work shall be 
uemollstrateu publicly if demonstrateu to persons not indiviuually ilkntifi2Li. 
a) 
b) 
t) (2) Furthermore, for the purpose of the present Act, the fol!o\ving definitions shall apply: 
makers of auuiu-visual work shall" be such persons which possess rights to use individual 
segments of auuio-visual work anu which have created such auuio-visual work, 
distributors of audio-visual work shall be such persons which: based on contract and usuallY for 
consideration, proviue disseminatiul1 of audio-visual work, with the exception of dissemination 
by television hr(}adcasti\lg~), fur entities as identified in Subsections c) to e), 
Art.2 of Conventiul1 on international recorliing of audiovisual works, published in Collection of 
Acts under No.3651l992 S11. 
Sec.6 of Act No.351l965 Sh. on \vorks of literature, science anJ art (Authorshir Act), as 
amenJeJ by Act No.891l990 Sb. 
Sec.22 of Act Nu.351l965 Sb .. as amended by Act Nn.891l990 Sh. 
Act No.438/199\ Sh .. on RaLlid and Tele\'ision BroaJcasting, as a\11\!nded by subsequent 
le!.!islaliol1. 
A~t Nl).4831199I Sh. of the Czech National Coullcil ("C~i'\R"), on Czech Tekvisil)!1. as amended 
b~i ,\ct Nn.36/1993 of CNR. C) 
d) 
e) IP/N/lICZE/C/3 
orgaJ1isl'rs Ill' ;llldi\)-visllal dell1()l1stratiol1 sllalllll' sllch perS\lIlS which p~ffi~l? sh()w alldil)-\'isu~t1 
W()rK with help or technical equipment, with the exception of television hrllaticastingJ), 
operators or sell i Ilg points or aud io-vislla/ works sll'lll he slIch persons wh icll sell mu Itip! ieLl 
copies ur atlJiD-visual wurks to the public, 
operators of lending libraries of audio-visual works shall be such persons which, for 
consideration, lend the public multiplied copies of auJio-visual \vorks. 
Section 2 
Records 
(I) The Ministry of Culture (hereinafter "the 1\'1 inistry) shall keep records of persons as 
established in Section I, Par.2, a) and b), which have registered their businesses. Records of such 
persons shall constitute an information system under special legislation4). 
(2) The purpose of keeping records as under Paragraph I shall be to secure existence of 
official reconJs for implementation of the Authorship Act5) and the present Act. 
(3) The appropriate Business Licensing Orlice, for the purpose of such reconJs as cstahlish~d 
in Par. I, shall send the Ministry Cl copy of the Business Licence. 
Section 3 
Identification of Audio-Visual \Vorks 
( I) Makers of audio-visual work shall be ob} iged to have identified the following information 
at the original carrier of audio-visual work: 
a) name of work, 
b) name and surname, or pen-name, of author(s), if sllch author is known am! if such author has 
not expressly prohibited the use of his/her name. 
c) names and surnames of ~xecuti\"e artists('). 
d) namc and surname or oWl1cr(s) of copyright, if other than autlwr(s) and/DI" cxecutive artist(s), 
e) name and SUf'I1,\Ille of maker, if a physical pers()l1, llr its trade name, if a'legal entity,-
I) place and year of production or such \vtlrk, and 
g) l1am~s amI surnames of co-workers participating in the production of such work, if such 
identification is usual. 
(2) Distributor of audio-visual work shall be nhliged to secure that multipliell copies of such 
audio-visua! w()rk should bear the maker's information as established in Paragraph 1, and turthei' an 
identification of the llistributor containing its name and surname, if Cl physical person, or its tralle 
namt:.>. if a legal entity . 
.!) 
(" Act N\). 256/1992 S h., 011 Protectiun ut' Personal Data in Information Syst~ms. 
Act No,35/l965 Sb., as amended by subsequent legislation. 
Act No.21l969 Sh., on the Establishment of Ministries and Other Central Agencies of the Czech 
Socialist Republic, as amenllell by subsequent legislation. 
Sec.36, Par. I of Act No.35/1965 Sh. IP/N/lICZE/C/3 
Page 4 
Puhlic Availability of' Audio-Visual \Vorks 
(I) Audi()-visual w()rks, tlH; COlltt.;llt or which 111~ly impL:ril ll10ral r()r!l1~lti()ll or mil1ors;', shall 
ht: idt:nlirit:d as ullsuitahle for vit.:wL:rs less thall 15 ()r 10 yt.:ars of agt.:. 
(2) Makers of Czech auuio-visual \vork shall be obliged to establish such category uf suitability 
as unuer Par.l. fnr each auuio-visLlal work prouuct.:u hy such makt.;rs, and to idt.:ntify sllch category 
in distribution cOlltract(s). 
(3) Distributors of audio-visual work shall he obliged to establish, anu identify in contract(s) 
\vith persons as described in Section 1, Paragraph 2, c) to e), such category of suitability for each 
audio-visual work. In the event such category of suitability he established under Par.2, such 
uistributor shall be obliged to observe it. 
(4) Makers, or distributors of audio-visual work, shall also be responsible for identitication 
of category of suitability on the encasement of sllch amlin-visual work carrier. 
(5) Organisers of audio-visual demonstrations shall be obliged to nlake public such category 
of suitability as established by makers or distributors and to check its observance by participants in 
such demonstration. 
(6) Operators of selling points or lending libraries of audio-visual works may not sell or lend 
multiplied copies of audio-visual works to persons younger than limits applicable to relevant 
categories of suitability as established by makers anu uistributors. 
Section 5 
Advertising at Audio-Visual DeIllOIlstrations 
(1) Organisers of amlio-visual demonstrations containing auvertising shall he obligeu to secure 
that such advertising be identified as such anu shown separately from the rest of such demonstration. 
(2) Organisers of audio-vislIal demonstrations shall be obliged to securt non-publication of 
advertising: 
(1) 
b) 
c) 
d) supporting bt.;havi\lur w!1ich may imperil Ilwrality or injure tilt.: intcn:s.t oy health protection, 
security and envirol1ll1t.;ntal protection, 
designeu for chiltlren or featuring chiltlren, if such advertising support behaviour hazanlnus for 
thei r health anu psych ic anu moral formation, 
promoting medicaments available only on meuical prescription, registered in the Czech Republic, 
breaching a ban estab lisheu by other legislatioi{). 
Convention 011 the Rights of the Child, as publisheu in Collectinn of Acts unuer 1\0.1 O-+/l991 
Sh. 
E.g. Sec.20 of Act No.6341l992 Sb., on Consumer Protectil)!l. as <lmemkcJ by Act l\lL217/l993 
Sh. Sect ion 6 
The National Film An:hin's IP/N/lICZE/C/3 
Page 5 
(I) The National Film Archives \vith its headquarters ill Prague, estahlished by thl: Ministry 
(hen.:ill~lnl:r "llle Archives" represents archives o/" special imrortance<) for filing audio-visual works. 
TilL' mission uf the Archives shall he collecting. pr()tection, scientific research anu lIse of filed audio­
visual records, parlicularly tlHlse which forlll part of the national cultural heriuge and UOCUIlWIlt till: 
inception amI development of film. 
(2) The Archives shall create, on the basis of agreements concludeu with owners of copyright, 
a special funu of selecteu artistic <1uuio-visual wnrks, to be proviueu on a non-profit basis to civic 
associations 10) for temporary use, the chief goal of which, in keeping with their statutes, shall be 
to provide their members with access to artistic audio-visual works. 
(3) The right to decide on which artistic audio-visual may be includeu in such special fund as 
under Paragraph 2, shall belong to the Fund COUllciP 1). 
Section 7 
Obligation of Proffer 
(1) Makers of Czech audio-visual work shall be obliged to make a proffer in writing to the 
Archives to purchase two new ami undamaged copies of Czech audio-visual work, within 60 days 
following its tirst public demonstration. The price shall be agreed in keeping with price 
regulation 12). 
(2) The period during which such proffer may be accepted to conclude a purchase contract as 
ulluer Paragraph I shall be 6 months since the delivery of sllch proffer. In the event that the Archives 
fail tu accept sllch proffer within sllch periou, the proffer shall expire and L,hligation of proffer as 
established in Paragraph 1 shall thus be deemed implemented. The Archives shedl be obliged, not later 
than within 7 days, to issue such person which made sllch proffer, v;ith certification in writing 
testifying thereto. Such certification must excluue any possibility of confusing the object of such 
obligation of proffer. 
0) i\;lakers of Czech atluio-visual work created with heir of c(}ntrihucion(s) made by the 
FUI}(j1
l1 shall be ohligeu to submit to llle l'.rchives free of charge a samrk lIn~lal11ageu copy of such 
Czech audio-visual wnrk fur filing, within 60 days following its first publie J~m()nstration: 
(4) By transferring ownership to such copies of such Czech auuil)-visual work as under 
Paragraphs I anu 3, the Archives shall not acquire the right to any puhlic use of such copies. This 
dues not affect the provision of Section t), PaL2. 
(5) Obligation as established in Par.I anu 3 shall not apply to audio-\'isual works produced 
by Czech Television!'!) exclusively for dissemination by television ·broadcasting:-). 
1111 
11) St:c.24, Par.l nf Act No.97/1974 Sb., on Archives. 
Act No.831l990 5b .. Pil Association, as amenucd by subsequent kgislati: 111. 
Sec.2. PaLl of Act [\0.241/1992 Sh. of CNR, on the State f-unu of th~ Czech Republic to Assist 
and Promote Czech Cinematography. 
Act NO.5261l990 Sb., on prices. 
Scc.9, PaLl, uf Act Nn.241/1992 Sh., ofCNR. 
Act No.4831l99l Sb .. of CNR, as am~l1ded by Act Nn.36/J993 Sh .. l,f t~R. IP/N/lICZE/C/3 
Page 6 
r-..'laker ()f tluLiill-visllal work Illay profrcr 1"(11" rilillg hy thc Archives lill: IlcgatiH: film alld 
duplicating materials ullder c()nditiolls as agrcl:d hct\\'cl:Jl slIch maker and the Archives, 
5eclio\1 9 
Supervision 
(1) Observance of obligations as established in the present Act shall be supervised by the 
I\linistry, In order to execute such supervision, authorised official of the l\1inistry shall be entitled to 
enter builuings, operations anu business establishments belonging to persons identitied in Sec. 1, 
Par.2, anu to require them to submit such documents and other written documentation, as well as any 
required explanation, if associated with the object of supervisio·n. Such persons in question shall be 
obliged to allow for execution of such supervision. 
(2) Authorised officials of the Ministry shall he obliged to keep confidential any facts they 
have learned as part of execution of such activity as under Par.l, or in connection therewith. Such 
obligation shall survive their authorization. 
Section 10 
Penalties 
(1) The Ministry shall be entitled to impose the following penalties, on: 
a) makers amI distributors of audio-visual works, for breaching their obligations as under Sec.3. 
Par.l and 2, a fine of up to KclOO,OOO, 
h) makers anJ distributors of audio-visual works, fur breaching their obl igatinns as under 5 ec..:.4 , 
Par.2, 3 and 4, Cl fine of up to Kc 1 0,000, 
Cl organisers of audio-visual cJ~monstrati()lls, for hreaching their obligations as unuer Sec.4. PaLS, 
a fine of up to Kc 10.000, 
d) operator~ ()f selling points or lending lihraries of audio-visual wort.s,· f~)!' breac..:hipg their 
obligations as under Sec.4, Par.G, a fine of up to KcIO,OOO, 
e) organisers of audio-visual demon~;trations, for hn.:aching their obligations as under Sec.5, Par.l 
anJ 2, a fine of up to Kc 10,000. 
I) makl:l"s of Czech audio-visual works, for breaching tlH.:ir obligations as linder 5I:-c.7, Par. I amI 
3, Cl fine of up to Kc50,OOO. 
(2) \,yhen establishing the amount of such fine the Ministry shall take into consiLIeration 
uangerousness anu consequences of such breach; in c..:ase of physical persons, also the amount of guilt 
Oil the part of such person shall be cOl1sidl.!red, 
(3) Any fine may he imposeJ not later than within one year follO\\'ing such breach of 
ohligation is discm'ereJ by the tvlinistry, and not later than within three years folllw:ing such breach. 
(4) Any pl"l)ceeLiings concerning impl)sing of sllch fines shall be subject to general legislatil.)ll 
on administrative proceedingsIS). 
Act No,7111967 5b .. ()(1 Administrali\'t Proceedings (Administrative Statute:,), IP/N/1/CZE/C/3 
Page 7 
(5) Filll:S illlpllSed as ullder \l;Ir.1 Icprl':,Clll illl'()llle or (he FUIllL Such fil1L:s shall he l:x;lckd 
hy tilL: ivlinistry in kCl'pil1g witlllcgisLltill11 IlI1 ;llifl1illislratilJI1 ur tax alllJ f"ces!r,'. 
PART 11 
Amendment to Act No.455/1991 Sb., on Businesses 
(Business Act), as amended by subsequent legislation 
Section 11 
Act No.455/1991 Sb., on Businesses (Business Act), as amended by Act NO.23111992 Sb., Act 
No.591/1992 Sb., and Act NO.600/1992 Sb., shall be amended as follows: 
1. In Footnote 1 to Section 3, Par. 1, a), delete "Section 1, Paragraph 1, of Decree of the President 
of lhe Repuhlic NO.50/1945 Sh., on Measures Concerning the Film Industry". 
2. In Section 3, Paragraph 1, c), 9, delete "tiIm and other audio-visual". 
PART III 
Amendment to Act No.2411 1992 Sh., of CNR, on State Fund of the Czech Republic to Assist and 
Promote Czech Cinematography 
Section 12 
Act NO.24111992 So., of CNR, on State Funu of the Czech Republic to Assist and Promote 
Czech Cinematography, shall be alllellue~ as follows: 
I. In Section 7, after sub-paragraph I) new sub-paragraph m) shall be inserted, whic.;h -incluuing 
Footnote 3a -shall reau: 
"m) revenue ensuing from use of works or Cil1L:lllatograpily art, in the case of whkh tlle fund 
executes the copyright of the prouucec1), which such Fund acquired based on special legislation1
:l>, 
3a) Section 13 of Act No ... .l1993 Sb., on Some Conliitions of Production, Dissemination and Filing 
of Audio-Visual \Vorks, on Changes and Amenuments or Acts and Other Legislation. 
The existing sub-paragraph m) shall become sub-paragraph n). 
16) Act No. 337/1992 Sb., on Auministration of Taxes and Fees. as amended hy subsequent 
legislation. IP/N/1/CZE/C/3 
Page 8 
]. In Sectil'll~. Paragraph 2. the second selltence shall read: "Such aC(I)uming shall be done by tile 
organiser in a furm issued by the Fund Administrator.". 
In Sectiul1 8. new Paragraphs 3, 4, and 5 shall be illserted after Paragraph 2, which -including 
Footnote -shall reau: 
(3) Organisers of public demonstrations of works of cinematography art where aumission fee 
is paiL.! shall be obligeu to keep special records 011 dates of such demonstrations. as well as amounts 
of surcharge collected, total amount of surcharge col\ecteu over the appropriate quarter anu the date 
of its payment to the Funu. 
(4) Any surcharge as unuer Par. I , ul1paiu ill time as under Par.2, shall be exacted by the Fund 
Administrator in keeping with legislation 011 auministration of taxes and fees:;:'). 
3b) PART SIX of Act No.337/1992 Sb., of CNR, on Administration of Taxes and fees, as amended 
by subsequent legislation. ". 
5) Authorised ofticials of the Fund Administrator shall be obliged to keep contidential any 
facts they have learned as part of execution of such activity as under Par.4, or in connection 
tl1erewith. Such obligation shall survive their authorization. 
The existing Paragraph 3 shall become Paragraph 6. 
4. New Section 8a shall be inserted after Section 8 which -including Footnote 3c) -shall read: 
"Sectilln 8a 
(1) The Fund Administrator may impose a fine of up to Kc50,OOO on organisers of public 
uemonstrations of works uf cinematography art where admission fee is pait.1. for breaching their 
uh I igations as under Section 8, Par.2 anu 3. 
(2) \Vilen establishing the amount of such fine the rUI1l1 Admin.ist~att)r shall take into 
cnllsiueratinn dangerousness anu consequences of slIch breach; in case of physical persons, "also the 
amount of guilt on the part of such perSDI1 shall be consiuered. 
(3) AllY fine may be imposed qot later than within one year fo!lO\\'ing such breach of 
obligation is discovered by the Fund Administrator, and not later than within three years following 
such breach. 
(4) Any proceeu ings concern ing imposing of sllch fines shall be subject to general legislation 
on administrative rr()cet:uings~~). 
(:~) rillL's ill1lH1sed as under 1',11'.\ represent incollle of lllL' Fund. Such finc:s shall he L'xacted 
hy the Fund Administral()!' in keeping with legislation on administration of tax anu fees:;:l). 
3c) Act N \ 1. 71/1967. \)]1 Auministrative Proceedings (Auministrative Statutes). ". PART IV 
Interim and Final Provisio])s 
Section 13 IP/N/lICZE/C/3 
Page 9 
(1) COlllmercial use of Czech works of cine!l1at()graplly art, produced between 28th of August 
1945 and 31 st of Decemh(;r J 99017), whose protection of property copyright exrired 011 or after the 
date of force of the present Actn
<). Illay he pussible only 011 the basis of their original carriers 1"1)[. 
which the right to management belong to the Archives, or with a consent in writing thereof. This 
provision shall not al"kct the rights ur authors of' individual segments of audio-visual works. 
(2) Any profit generateu in connection with demonstrating such works, after ueduction of 
expenses ensuing from obligations imposed by the present Act, shall be surrendc:reu by the Archives 
to the Fund. 
Section 14 
State organisations "Film Studios Barrandov -Copyright" and "Film Studios Zlfn -Copyright" 
which execute copyrights of makers of works of cinematography artI9), shall merge, on the date of 
force of the present Act, with the Fund; the Fund as their legal successor shall assume their rig!lts 
and obligations ti'om property and other relations, including rights and obligations in the sphere of 
intellectual property. This provision shall not affect the right to management belonging to the 
Archives in respect to all original carriers from which such rights and obligations ensue. 
Section 15 
Section I, Sectiol1 3, Par.2 and SectioIl 4 of Decree of the President of the Republic No.50/l945 
Sh., on fvleasllres Concern ing the Fi I m Industry. shal I be aholished. 
Sectiun 16 
The present Act shall come into force 011 the date of enactment. 
Uhde, ill his OW11 hand 
Havel. in his OWI1 hand 
Klaus, in his own hand 
" Decree of the Government (If the Czech and Slnvak Feueral Republic, which repelled 
Governmental Decree No. 13/1962 Sb., 011 New Organisation of Czechosh")\"ak Film. 
1" Sec.6 and Sec.33, ParA of Act No.35/1965 Sb., as <lmendeu by Act :\o.S9fl990 Sb. 
;'. Sec.6 ut" Act ~u.35/1965 Sb., as amended by Act ~p.89/1990 Sh. IP/N/lICZE/C/3 
Page 10 
L A ~1 
th9 30th or October. 1991 
On the Operati on of Radi 0 .and ·Televisi on Broadcasts 
The Federal Assembly of the Czech and Slovak Federative Republic 
has app~oved the following law: 
PART ONE 
GENERAL PROVISIONS 
Article 1 
Jurisdiction of the Law 
This law regulates the rights and obligations of legal 
entities and individuals concerning the operation of radio and 
television broadcasting. 
Article 2 
Basic Terms 
/1/ For the· purposes of this law the following terms will 
be valid: 
a/ radio and tel~vision broadcasting (further to be 
referred to as lIbroadcastinglt), is tt)e diffusion of programs or 
of visual and audio inFormation by means of transmittet, ·cable IPINIlICZE/C/3 
Page 11 
dis,t.ribution networks, satellites and all other mediums dest.ined 
For recept.ion by the public; 
b/ programming is the intentional arrangement in time 
of individual radio or television programs; 
c/ program is a coherent., integral end temporally 
limited part of the broadcast; 
d/ local program is ~ ~ro~ram created in a. local~ 
limited area and intended ror this area; 
e/ commercial of publ~c announcement. 
dest.ined for the support of entrepr~neurial ventures or or the 
attainment. of other efrects, pursued by the sponsor or the 
·commercial~ who va~ alloted air time for payment or for any 
other type of counter-value (.further to b~ rererred to as 
"commerci al .. ) ; 
f/ sponsoring is any type of contibution granted by a 
legal entity or individual towards the direct or indirect 
financing of a program with the intent of promoting names, 
ractory and commercial trade-marks, services, or the posit.ion of 
. the entity or individual. 
/2/ According to this law broadcasting is not. understood to 
be the transmission of radio or television signals destined for 
the public by means of a cable network into which at most. 100 
participan~s are connected with receivers subject to 
registration. This number can be increased iF the participants 
of a common receptor reside in one building or building complex 
spacially or functionally interconnected if the transmission 
I . IP/N/1/CZE/C/3 
Page 12 
of signals is done in ~u~h a way that it does not cross surFace 
(road) communic~tions, and if this common reception is not being 
used For business purposes. 
Article 3 
/1/ The broadcasting operator (Further to be referred to as 
"operatorl!) is he who has received authorization for 
broadcasting on the basis of a law approved by the Federal 
Assembly, by the Czech National Council or by .the Slovak 
National Coucil (Further to be referred to as "public radio or 
television operator") or through the granting of an operating 
licence according to this law (Further to be referred to as 
Itlicence holderll). 
/2/ A legal entity may become a licence holder if it has 
established residence on the territory of the Czech and Slovak 
Federative Republic and has entered its name in the commercial 
registers; if it has not established residence on the territory 
of the Czech and Slovak Federative Republic it can only become a 
holder of a licence for the simultaneous, complete and unchanged 
diFfusion of already broadcasted programming~ 
/3/ An individual may bec·::>me a licence holder if he has 
permanent residence on the territory of the Czech· and Slovak 
Federative Republic. If the individual is granted a licence 
according to this law then he is obligated to enter his name 
into the Commercial Register. -4-
PART TWO IP/N/1/CZE/C/3 
Page 13 
RIGHTS AND OBLIGATIONS OF THE OPERATOR 
Article 4 
Program Cont.ent 
/1/ Operators shall broadcast Freely end independentlY. 
Their content. can be intervened with only on the basis of 
law 
/2/ Operators shall provide objective and balanced 
inFormation necessary Tor the free development of ideas. 
Article 5 
Obligations of t.he Operator 
Operators are obligat.ed to: 
a) ensure that no programs are hroadcasted which are in 
contradict.ion t.o the Constitution 
or with the Bill of Human Rights and 
F reedoms 1); 
1) Constitutional Act number 100/1960, the Constitution of the 
Czech and Slovak Federative Republic as amended in subsequent 
regulations, Constitutional Act number 23/1991, which quot~s the­
Bill on Basic Human Rights and Freedoms as a constitutional Act 
of the Federal Assembly of the Czech and Slovak Federetive 
R~ fvbl;c...} IP/N/lICZE/C/3 
Page 14 
b) ensure that the broadcasted programs do not promote war 
or depict cruel or otherwise inhumane behavior in such a way 
considered to Facilitate, excuse or condone these activities; 
c) not to broadcast programs between 6 fl,m and 10 pm which 
could threaten the physical or moral development of children and 
youth; 
d) provide state authori ties. and state edministrati ve 
bodies the necessary ei r time .F.or important and urgent 
announcements in emergencies of vital public importance end this 
at a time which would decrease the danger or delay to aO minimum 
e) preserve the tapes or all broadcasted programs ror the 
time period or at least 30 days arter the day they are 
broadcasted; 
r) conclude an agreement with organizations which have been 
accorded exclusive privileges to represent authors or perrorming 
artists in the enforcement of rights 2). 
Article 6 
Obligations of Operators in the Broadcasting or-
Commercials: 
2) Article AA,. paragraph 1. 
scientiFic and artistic works 
number 89/1990, complete -law number 35/1965. on literary, 
(Copyright Law), as amended by law 
form under number 247/1990. IP/N/I/CZE/C/3 
Page 15 
/1/ Operators are to see to it that commercial eir time 
shall not include: 
al commercials which support behavior which threatens 
morality, the interests of the consumer or the interests of the 
protection of health, security or the living environment; 
bl commercials aimed at children or containing 
child-actors ir they support behavior threatening their health 
or their physical or moral development; 
'-I commercials in which act announcers or editors or 
news or current affairs programs; 
dl religious or atheistic commercials or commercials 
made by politic?l parties or movements unless a seperate law 
states otherwise. 
/2/ Operators are obligated to ensure that the commercials: 
a/ be identiriable and clearly audibly or visually 
seperated from the rest of the programs; 
be aired neither immediately before religious 
services nor immediately following ~heir broa~casting; 
3) Czechoslovak Pharma~eutical Law, 4th edition, Jurisdiction in 
the Czech Republic determined by decree of the Ministry of 
Health of the Czech Republic, number 10/1987,on the bi~ding 
character to the Czechoslovak Pharmaceutical Law -4th edition 
in the Czech Republic,. as amended by the decree of the--Ministry 
or Health and Social Afrairs or the Czech Republic. number 
62/1990, on the binding character of the Corrections and Changes 
of the Czechoslovak Pharmaceutical Law -4th edition in the 
Czech Republic; decree of the Ministry of Health of the Slovak 
Republic number 32/1987, on the binding character to the 
Czechoslovak Pharmaceutical Law -4th edition in the Slovak 
Republic, as amended by the decree of the Ministry of Health of 
the Slovak Republic number 181/1991, Czechoslovak Pharmaceutical 
Law, as amended by the decree of the Ministry of Health of the 
Slovak Republic, on the binding character to the 'corrections, 
changes and supplements of the Czecho-Slovak Pharmaceutical Law 
-Fourth edition. IP/NI1 ICZE/C/3 
Page 16 
3/ Operators are obligated to ensure that the sponsor of the 
commercial is not able in any manner to influence program 
contents in the broadcastin~ or ~nrluence progrnm composition. 
Article 6a 
Placement of Advertisements in Programmes 
(1) The broadcasters are obliged to ensure that advertisements are plac"ed 
be~een individual programmes except for programmes composed of independent 
and separable parts with self-contained contents within the framework of an individual 
programme, or sporting live broadcasts and broadcasts of events -and performances 
containing intervals, and with the exception of audiovisual programmes pursuant to 
paragraph 2. 
(2) The licence holders for television broadcasting are obliged to ensure that 
advertisements are placed as follows during broadcasting of audiovisual programmes: 
a) during broadcasting of a film work or a work expressed in a similar way:!') only 
if it lasts over 45 minutes including advertisements, no more than once during 
every completed 45-minute time sequence; further interruption is permissible, 
if the duration of such film including advertisements is longer by at least 20 
minutes than two or more completed 45-minute time sequences; at least 20 
minutes must pass between two subsequent interruptions; 
b) during broadcasting of other audiovisual programmes except for provision of 
paragraph 3) only if the programme including advertisements lasts over "30 
minutes, and no more than once in the course of every completed 30-minute 
time sequence; at least 20 minutes must pass between two subsequent 
interruptions. 
(3) Interruption of news and religous programmes and programmes for children 
with advertisements is not permitted. 
(4) The rights protected by the Copyright Act4
) remain untouched . 
.,.) By decree or the Ministryof Health of the Czech Republ.ic 
from 20.11.1990 number LS-721-7.11.1990 on pre-clinical testing 
and clinically evaluated medicaments, registered under number 
539/1990. Article 7 
Commercial Air Time IP/N/lICZE/C/3 
Page 17 
/1/ In televisian broadcasting time devoted to commercials 
may not exceed 3% ro~,public television operators, 10% or daily 
air time ror licence holders; the public televis\on" operator may 
increase this share~to 10% and the licence holder to 20% and 
this iF it includ~s ~rect offers to the public to buy, sell or 
lease products or enlist servicesj which may, however, not 
exceed 1 hou'r a daY;J in the course or 1 hour time devoted to 
commercials may not rexceed 12 minutes. For public television 
operator"s commercial n:·time between the ho'urs of 7 pm and 10 pm 
canno,t exceed 6 mi nutles in 1 hour. 
/2/ In radio broadcasting time devoted to commercials may not 
exceed 5% for public~radio operators, 20% of daily air time for 
licence holders. 
Article 8 
Obligations of Op~rators in the Broadcasting of Sponsored 
Programs IP/N/lICZE/C/3 
Page 18 
Operators are obligated: 
a/ to clearly indicate every program end series of a 
program which is sponsored in pert or in full at its beginning 
or at its end with the appropriate credits or announcements; 
b/ to en$ure that the content of the. sponsored programs 
does not promote the sale. purchas~ or leasing of the sponsor's 
products or services or those of a third party, and particularly 
that the sponsor'~ products or services not be specially 
mentioned.; 
c/ to ensure that the content and time or broadcasting of 
the sponsored program not be influenced by the sponsor; 
d/ to ensure that a program not be sponsored by a legel 
entity or individual whose main activity is the 'production, sale 
or leasing of products or the rendering of services whose 
commercial is not allowed article 6, paragraph 1, letter c); 
e/ to ensure that news and current afrairs programs are not 
sponsored. 
Article 9 
Special Obligations and Rights of Public Television and Radio 
Operators 
/1/ The main obligation of the public television and radio 
operator is to serve public interest, contribute to the creation 
of a democratic society and reflect its pluralism in opinions IP/N/lICZE/C/3 
Page 19 
particularly by not one-sidedly paying regard tb individual 
opinion orientations, individual religious affiliations .or world 
outlooks. the interests of one political party, movement, group 
or part of society. 
/2/ Public television and radio operators are obligated: 
a/ to ensure, vi th the .appropriate communiceti ons 
bodies end organizations. the dissimation of their programs to 
the population of the territorial entity ror which their 
broadcasts are destined; 
-b/ to ensure a diverse .composition of programs 1..1hich in 
their entirety caters to the interests or all strata or the 
population; 
c/. to produce O.r order produced a significant share of 
the broadcasted programs in such e way that the cultural 
identity of nations. nationalities and ethnic groups of the 
Czech and Slovak Federative Republic be preserved and developed 
and that the development of domestic and European audiovisual 
creation be supported~ 
d/ to render poss~~le muydal exchange of information 
and cultural values bet~en the.repuolics of the federation; 
e/ to use all their financial sources to secure the 
attainment of objectives stipulated by this law. 
/3/ Publ ie television opAr?c0r' haS· reserved For IP/N/lICZE/C/3 
Page 20 
a part of the Frequency speGtfum and a network of 
transmitters reDdering it possible ~ cover the territory of the 
Czech Republic with television 
channel . 
/4/ public radio operator- have reserved for h'-rn. a 
part or the rrequency spectrum and. a network or transmitters 
rendering it possible to cover che territory or the Czech and 
Slovak Federative Republic with ~ total or 3 networks ror radi 0 
broadcasting, From which 2 are on·~M. 
/5/ Public television and redio operators shall secure 
broadcasting particularly by means or a uniform 
telecommunications network 5). 
/6/ Financial revenues obtained through the collection or-
monthly fees 3hall be 
the proFits of the public television or radio operator. 
5) Law number 110/1964 on Telecommunications. 
6) Article 5 or the decree or the _ Federal Ministry. or 
Communicat~ons number 51/1985, by which is published the Radio 
and Television Regulation as amended by decree number 76~1987, 
decree number 39/1988, and decree number 315/1990. PART THREE 
LICENSING PROCEDURES 
Article 10 IP/N/lICZE/C/3 
Page 21 
Pre-condit~ons For the Issuing of a Licence 
/1/ The licence authorizes its holder to broadcast within 
the Jurisdiction and under the conditions stipulated therein. 
/2/ The licence is non-transrerable. 
/3/ The licence is issued to applicants mentioned in 
Article 17, paragraph 1, letter c/ by the Federal-Council. Other 
applicants are issued licences by authorities of the national 
republics ( further to be reFerred to as IIlicencing 
authorities"; the issuing of a licence is not guaranteed by law 
/4/ When considering an application the licencing 
authorities shall take into account the ensurin2 or conditions 
for the pluralism and balance of the program offe~ingJ 
particularly local programs, the equal accessibility of cultural 
values, inFormation and opinions as well as the ensuring of the 
development of the culture of nations, nationalities and ethnic 
groups in the Czech and Slovak Federative Republic and the 
extent of the hitherto business ventures of the applicant in the IP/N/lICZE/C/3 
Page 22 
sphere 01-mass media. 
/5/ When evaluating ~pplications licencing authorities 
shall take into account t~at no applicant may gain a dominant 
position in the field of mass media. 
/6/ When evaluating the. applications ~of companies with 
roreign participation licencing authorities shall take into 
account the contribution of the applicant t~ the production of 
original domestic programs as well as the property share of 
Czechoslovak entities and their representation in the governing 
bodies of the company. 
/7/ A commercial society which is applying for or has been 
issued a licence cannot have as its partner a public television 
or radio operator. 
Article 11 
Application for a Licence 
/1/ The licencing procedure shall begin with the filing out 
of' an application which shall include the following; 
a/.name. seat and legal f'orm of' the legal entity and the 
name .of the person authorized to represent it or name and 
permanent residence of the individual planning to operate the 
broadcastingj b/documents on the amount IP/N/lICZE/C/3 
Page 23 
of assets and investment of 
individual participants, inFormation' on bank statements; similar 
information if the applicant. is.an individual; 
c/ temporal and territorial extent of the broadcastin~ 
and manner of its technical and organizational ensuring; 
d/ speciFication or program (name of station); 
e/ program composition ~ith a draFt of e broadcasting 
schedule; 
F/ Share or amount of expenses the applicant will use 
towards the production of pr.ogra~ within this country annually 
g/ amount or air time devoted to domestically produced 
programs; 
h/ time period for which the applicant is requesting 
the licence. 
/2/ If the pplicant is an operator or owner of any other 
mass communications system in the Czech and Slovak Federative 
Republic or abroad or a participant in a society opere~ing any 
other mass communications system in the Czech and Slovak 
Federative Republic or abroad he shall give licencing 
authorities similar information on that mass communications 
system as stated in paragraph 1. 
/3/ The participant in the licencing procedure shall be he 
who is applying for the licence. IP/N/lICZE/C/3 
Page 24 
/4/ If the applicant is en individual he shall enclose with 
the application a document on a background check end a document 
on his permanent residential status on the territory of the 
Czech and Slovak Federative R~public. 
Article 12 
Decision on the Issuing of e Licence 
/1/ The licencing authorities shall decide on the 
application and issuing of a licence within 90 "days of the 
initiation of the proceedings. 
/2/ The decision on the issuing of e licence is made with 
the agreement of the-respective telecommunications authority on 
the allocation of frequencies and other technical conditions of 
broadcasting which shall be in agreement with the plans for the 
use of frequencies for radio and television broadcasts (Article 
17, letter b/). 
/3/ In addition to the pre-conditions stated in paragraph 2 
a part of the decision on the issuing of a licence are the 
conditions stipulated by the licencing authoritie~ towards the 
broadcastins. operator. 
/4/ The permit on the issuing of a licence shall be given 
for radio broadcasting for a maximum of 6 years and for 11?/~/1/C:~~/C:/3 
television broadcasting For a maximum or 12 year~~ge25 
/5/ . The 'permit on the issuing of a licence shall take 
effect on the day the licencing authorities receive e written 
statement from the applicant that he accepts the licence; this 
statement may not contain any reservations and shall be 
delivered to the licencing authority who issued the permit 
within 30 days of the delivery of the permit. Otherwise the 
permit on the issuing of a licence becomes invalid and the 
application for the pranting of a licence is regarded as never 
havj~g been submitted. 
/6/ At the request of the founders or the authorities or 
persons authorized to present a proposal for the ~gistration of 
a Czechoslovak legal ~ntity in the Commercial Register it is 
possible to issue a permit for the licence before registration 
in this Register if it is proven that a legal entity was 
established. These persons are authorized to begin broadcasting 
on the day of registration in the Commercial Register. Similar 
procedures shall apply to entities that do not ha~e· residence on 
the territory of the Czech and Slovak Federative Republic. 
/7/ If the permit on the licence was issued by en authority 
other than the Federal Council, that authority is obli~ated 
under law to inform the Federal Council about the terms under 
which the licence was issued within 15 days. The same procedure shell IF IN/I/CZE/C/3 
Page 26 
apply in cases involving changes in the terms of. the 
licence or in cases speciFied in Article 13. 
Article 13 
Validity of the Licence 
The licence shall become invalid: 
a/ at the end of the time period for which the licence 
was issued; 
b/ the day of the dissolution of the legal entity which 
is the licence holder; 
c/ 30 days after the death of the individuaL who is the 
holder of a licence;' 
d/ 60 days af~er (f..{,~.{ j~~ 
the failure of a licence holder to 
enter his name in the Commercial Register <Article 3, paragraph 
3) ; 
e/ if 'the licencing authorities decide to revoke the 
licence (Article 1S). 
Arti.cle 14 
Alteration of Licence 
/1/ Operators are obligated to announce to the authority 
which issued the licence all changes related to the information IPINIlICZE/C/3 
Page 27 
in their.' applications for a licence end to the fulfilling of 
conditions stipulated in the licence and to present documents 
about these changes within 15 days of their origination. In the 
cases of' Article 13, paragraph 1, letters b/ end c/ this 
obligation falls on the legal representation of the licence 
holder. 
/2/ On the basis of' the announcements mentioned in 
paragraph 1 the authority which issued the licence shall decide 
on a change in the licence or shall revoke the licence subject 
to the circumstances of' the case (Article 15). 
/3/ The authority which issued the licence can change the 
terms or the licence without the consent of' the licence holder 
also in the case that it is necessary f'or the upholding or 
international obligations to which the Czech and Slovak 
Federative Republic is bound. 
Article 15 
Revocation of e Licence 
/1/ The authority whfch issued the licence shall revoke it 
if: 
a/ the licence holder no longer f'ulfills' the 
pre-conditions for the issuing of a licence stipulated in 
Article 10, paragraphs 6 and 7; IP/N/lICZE/C/3 
~~ge 28 
b/ the licence holder was issued the licence on the 
basis of untruthful statements given in the application for a 
licence (A~ticle 11); 
c/ the licence holder has instituted changes which 
render·impossible the fulfilling of the conditions stipulated in 
the licence; 
d/ the licence holder reques~s.it. 
/2/ the authority which issued the licence can revoke it 
if: 
a/ the licence holdsJ- seriouslY violates the terms 
stipulated in the licence, the obligations stipUlated by this 
law or by other generally binding legal regulations; 
b/ the licence ~older did not begin broadcasting after 
the permit took efFect within the time period of; 
ba/ 180 days for radio broadcasting; 
bb/ 360 days for television broadcasting; 
c/ the licence holder did not fulfill the obli"gation 
stated in Article 5, paragraph 6 after the permit 't~ok effect 
within the time period of; 
ca/ 180 days for radio broadcasting; 
cbi 360 days for television broadcasting; 
d/ after the begin of broadcasting the licence holder, 
in contradiction with the conditions of the licence, did not 
Qroadcast for a total of 30 days during the calendar year; this time period shall not include IP/N/lICZE/C/3 
Page 29 
time during which 
broadcasting was not possible due t,o proven technical 
dirf icul t'i es; 
e/ the property of ~he licence holder goes into 
bankruptcy 7) 
/3/ If the licence is revoked due to the reasons stated in 
paragraph 2 a new licence may be applied ror no sooner than 1 
year arter the decision on the revocation'orthe licence took 
eFrect. 
/4/ Ir a licence is revoked its holder is obligated to 
return the licence without unnecessary delay to' the authority 
which issued the liCE: 'lce. 
PART FOUR 
FEDERAL COUNCIL FOR RADIO AND TELEVISION BROADCASTING 
Article 16 
Purpose of the Federal Council for Radio and Television 
Br-oadcasting 
/1/ I" the support of the public interest for realj.zing 
free speech and the right of obtaining information a Federal 
7) Part 2 of law number 328/1991. on Banktruptcy and Settlement. IP/N/I/CZE/C/3 
Page 30 
Council shall be established for radio and television 
broadcasting (further to be referre~ to as "Federal Counci 1 It ). 
Its activity shall be covered~y the budget of the Federal 
Assembl y. 
/2/ The Feder·al Council shall see to the upholding of this 
law~ the development of pluralism in broadcasting and to the 
development of domestic end European audio-visual production. 
/3/ The Federal Council shall exercise state administration 
within its juri~dicition e) (article 17). 
Article 17 
Activities or the Federal ~ouncil 
The Federal Council: 
a/ in cooperation with t~e authorities for radio end 
television broadcasting estcibljshed by the laws of the Czech 
National Council and the Slovak National Council (further to be 
referred to as "authorities of the republics·") shall have a 
share, with its stances end proposals, in the formulations of 
principles of stat ' policy in relation to broadcasting and the 
e) Article 1. letter c, law number 136/1991 Sb. ,on the division 
of activity between the Czech and Slovak Federetive Republic and 
the Czech Republic ·and the S16vak Republic in all newspapers end 
other mediums of information .. IP/N/lICZE/C/3 
Page 31 
conception or its development; 
b/ in cooperat ion wi th the authori ties of the republ ics 
shall have a share in the working out of plans for the use of 
Frequencies For radio and television broadcasting 9hd shall 
publicize these plans; 
c/ upon egre9ment with the a~thorities of, the republics 
shall issue and revoke licences ·Fo~ radi6 end television 
broadcasting iF it is dealing with entities active on the whole 
territory or the Federation or ir this activity considerably 
exceeds the territory or one or the r.ep~blics. or in the case or 
a licence Tor broadcasting rrom the ~erritory or the Czech end 
Slovak Federative Republic .destine~ for ~broed. 
d/ shall send out warning~ end impose Fines (Article 20). 
to licence holders to whom it granted the licence, 
and to. entities broedcast.ing without a 
licence and Falling under its Jurisdiction; 
e/ in c oope rat i on wi th the author i ties of .. t.he republ lcs 
shall express i tsel.:f on proposals and .the fulfilling or 
international agreements which are related to broadcasting, and 
present its st~nces to the GOvernment of the Czech and Slovak 
Federative Republicj 
fl shall keep country-wide records of issued licences and 
alterations therein; 
gl at least once a year shall present. to the Federal 
Assembly a report on the state of radio end television IP/NIlICZE/C/3 
Page 32 
broadcasting and on its own activities. 
Article 18 
Composition of the' Federal Counc~l 
/1/ The Federal Council shall be made up of S members from 
among experts .. prominent personalities and publ",i,c figures out or 
whom 3 shall be elected by the Federal Assemqiy, 3 by the Czech 
Council and 3 by the Slovak N9tional Council. 
members of the Federal Council shall be elected for a term of 6 National The 
years. 
/2/ The chairman and vice-chairman shall be elected from 
among the members or the Federal Council" by the Federal 
Assembl y. IF a citizen of the Czech Republic is elected as 
chairman or the Federal Council a citizen or the Slovak Republic 
shall be elected as its vice~cheirman, and vice versa. 
/3/ THe members of the Federal Council (f'urther to be 
referred to as "members 11) may not have functions in any 
political parties or political movements and may not actively 
and publicly appear in the name of any political per"ties or act 
to their advantagej Further, they may not be members of boards 
or companies operating in the area or the mass media, nor may 
they represent business interests which could be in 
contradiction with the perrormance or their runctions or which IPINI1/CZE/C/3 
Page 33 
could unf'avorably inFluence their impartiality end objectivity 
in declsion-maki ng. They ma·y not have any Financial interest in 
the operation of broadcasting through ·ownership or employment 
or through a business relationship. 
/4/ M~mbershi~ in the Federal Council shall exPire: 
a/ at the end of' the term .for which a member is 
elected; 
b/ with the resignation of a member From the Function. 
c/ upon the" death of' a member; 
d/ through recall. 
/5/ The body which elected a t'IlAmber must remove the member 
iF it discovers that the member is engaging in the activities 
mentioned in paragraph 3 or if the member is convicted by a 
court of any other intentio~l criminal act and as a result is 
given an unconditional Jail ,sentence. 
/6/ The body which elected e member may recell t~e.member 
if he does not perform his Function For et least 6 months. 
/7/ After the first election ~F members lots shall be drawn 
Tor 3 names of members whose term shall end after the time 
period of two years, and 3 names of members whose term shell end 
aFter the time period of 4 ~ears. 
/8/ New members shall be elected for a term of 6 years to IP/N/lICZE/C/3 
Page 34 
Fill the seats vacated by members due to the end of their terms. 
In the case of seats vacated due to other reasons new members 
shall be elected for the remainder or the te~m of the replaced 
member. The new member shall always be elect~d by the body which 
elected the member who has vacated his seat. 
/9/ The Federal Council sha~l be lead by and represented by 
its chai rman. 
/10/ The decisions or the .Federfol Council shall be val.1d 
iF they are taken by the majority vot,e of ell its members_. 
/11/ The runction or a memb~r or the Federal Council is e 
public runction. In connection w¥th the runction's execution the 
members or or the Federal Cou~cil shall be given appropriate 
salaries. Travel expenses of the members'or the Federal Council 
shall be covered' according t~ general legal regulations. 
/12/ The details or the internal administration or the 
Federal Co~ncil and the sa~aries or its chairman, vice-chairman 
and members shall be specified by a statute which on the 
proposal of the Federal Council shall be presented to the 
Federal Assembly lor approval. 
PART FIVE 
CABLE DISTRIBUTION NETWORKS Article 19 IP/N/l/CZE/C/3 
Page 35 
11/ In addition to the statements stipulated in Article 11 
paragraphs 1 and 2, ~n applicant For broadcasting on cable 
distribution networks ~hall include in his application for e 
licence: 
a/ the territorial extent of "the cable distribution 
network; 
b/ inrormation on radio and television programs which 
he is planning to transmit on the c~ble distribution network 
and on the planned use or the channels; 
c/ an explanation or the manuer in which the cable 
distribution system will serve the interest or the community, 
ci ty or regi on; 
d/ a technical specirication or the cable distribution 
network approved according to pertinent regulations ~); 
e/ inFormation on the manner in which he will ensure 
that the rights or third parties, particularly copyrights, shall 
not be in contradiction with broadcasting on the cable 
distribution network. 
~) Decree of the Federal Ministry or Communications number 
360/1991, which is altered and amended by decree or the Federal 
Ministry of Communications number 73/1974, on Joint Distribution 
of Radio and Television Signals on Cables. IP/N/lICZE/C/3 
Page 36 
/2 The operator 
obligated when using 
distribution network of a cable distribution network is 
channels to ensure that the cable 
includes the broadcasting of programs 
belonging to public radio and television operators which may be 
recei ved by standard recei vers in" the place of the cable 
distribution network. A licence shall not be necessary for the 
simultaneous, complete and unchanged broadcasting of this 
program 
/3/ It is possible to reserve one channel of the cable 
distribution network for the broadcasting of commercials. The 
time limitations for commercial air time stipulated in Article 
7 shall not be applicable to this channel or to the 
simultaneous, complete anq unchanged transmission of the already 
broadcasted program. 
/4/ The operator of the cable distribution network shall 
reserve free of charge 1 channel for the needs of a given 
limited area covered by the cable distribution network . This 
... channel may not be used for commercial purposes "wi t"hout . the 
consent of the operator. 
PART SIX 
FINES 
Article 20 IP/N/lICZE/C/3 
Page 37 
/1/ IF -the -Federal Counci 1 discovers that the operat or or 
.entity speciried in Article 17,~ letter d/, is not complying with 
the obligations stipulated in this law or with the terms 
stipulated in the issued licence, the Federal Council shall 
establish a deadline ror the rectiFication of these violations. 
IF rectiFication does not take place until the deadline, a Fine 
shall be imposed by the Council. In all other cases the 
authorities or the republics shall establish deadlines ror the 
r~ctirication or violations in accordance with this law. 
/2/ The amount or the Fine shall be determined by the 
seriousness and extent of the violation and uith regard to the 
'extent and range or the broadcasting as well as the extent or 
acquired, unJustiFied. proFits. 
/3/ Fines in the amount ranging rrom 1,000 to 500,000 Kcs 
may be imposed on operators who: 
a/ do not give the necessary air time for important and 
urgent announcements in emergencies or vital public importance 
(Article S, paragrap~ 4); 
b/ destroy the tapes of broadcasted programs before the 
time period of 30 days' arter their broadcasting. (Article 5, 
paragraph 5); 
c/ do not ensure that their cable distribution networks 
include the programming of public radio and television operators 
(Article 19, paragraph 2); 1P1N11/CZE/C/3 
Page 38 
d/ do not reserve Free of charge one channel in their 
cable distributioh network For the needs of a-given limited 
area (Article 19, paragraph 4). 
/4/ Fines in the amount ranging from 5,000 to 1,000,000 Kcs 
may be imposed on o~erators who: 
e/ broadcast a program which is in contradiction to the 
operators' obligations stipulated in Article 5, paragraphs 1 and 
2 of this law; 
b/ broadcast a program which could threaten the 
physical or moral development or children and youth before 10 
pm; 
/5/ Fines in the amount ranging rrom 10,000 'to 2,000,000 
Kcs may be imposed on operators who violate their obliga~ions 
stipulated in this law or in the terms of the issued licence by 
a/ not adhering to the approved temporal and 
territorial extent of their broadcasting; 
b/ not adhering to the approved program content; 
c/ not complying with the obligations stipulated for 
the broadcasting of commercials and sponsored programs; 
d/ not complying with the obligations as regards the 
production of programs in this country or t.he broadcasting of 
these programs, or the share of programming obtai ned from o~.her 
operators; IPINIlICZE/C/3 
Page 39 s/ not announcing changes in the statements given in 
thei r app1 icati ons or changes concerni ng ,the fu1 f i 11 i ng of the 
terms of the issued licence which could JustiFy the alteration 
or revocation of the licence (Articles 14 and 1S). 
/6/ A Fine in the amounts stipulated in paragraph 5 shall 
also be imposed on operators who broadc.ast wi thout the necessary 
authorization (Article 3). 
/7/ Fines may be imposed until 12 months aFter the day the 
authorities stated in Article 16 discovered the violation or 
obligations, but not arter 2 years arter the day the violation 
of obligations took place. 
/8/ The payment or Fines according to the roregoing 
paragraphs shall not aFFect the provisions of special 
regulations on damages 10), nor shall it invalidate the 
obligations stipulated in this law_ 
~9/ Fines imposed according to paragraphs 1'through 6 shall 
be paid within 30 days From the day the decision of their 
imposition takes eFFect. 
10) Law number 
Code, law number 
regulations. /1991, 
65/1965, which alters and 
the Labor Code as amends the Civil 
amended by later IP/N/lICZE/C/3 
Page 40 
/10/ Fines imposed by the Federal Council shall bathe 
receipts" of the state budget of the Czech andSlovak Feder~tive 
Republic; Fines imposed by the authorities of the republics 
shall be the receiPts of the state budget of the Czech Republic 
or of the Slovak Republic. Revenues acquired from fines shall be 
purposefully used for the support of the broadcasting of licence 
holders» with" priority being given to the needs of local 
broadcasts. 
PART SEVEN 
COMMON~ TRANSITIONAL AND CLOSING PROVISIONS 
Article 21 
If this law does not stipulate other~ise decision-making 
shall take place according to Procedural Law number 71/1967 
with the exception of Article 49 ~nd Articles 53 through 69. It 
is possible to appeal to a court of justice against decisions 
which deny requests for the issuing of a licence (Article 12), 
d~.cisions on the alteration of a licence <Article 14), decisions 
on the revocation of a licence (Article 15) and decisions on the 
imposition of fines ~1~. 
11) Law number 
Code. /1991 ~ which alters and amends the Civil Article 22 IPINI1/CZE/C/3 
Page 41 
IF the case warrants so,. the ~~l Council and the 
authorities of the republics ·shall have the right to request 
~apes of the broadcasted programs. 
Article .23 
/1/ deleted 
/2/ deleted 
/3/ The holders of the respective licences shall advise the 
existing public television operators or the day of the 
commencement of broadcasting, but 80 days before this day at the 
latest. 
Article 24 
deleted 
Article 25 
/1/ Legal entities and individuals who .\Jere enabled to 
broadcast under a resolution of the Presidium of the Governmeni· 
of the Czech and Slovak Federative Republic or on the basis of. e 
decision by the republic authorities 4hall put their activities 
in compliance with this law, aDd within 30 days after the 
establishment of the Feder~l Council and the republic 
broadcasting authorities <~.r·ticle 16) they shell submit an 
application :for the issuin,S of a licence <Article 11,). Until the 
time of a decision by ~he Federal Council or by the respective 
republic authorities.these legal entities and individuals she!l 
be considered as broadcasters according to this law. IP/N/1/CZE/C/3 
Page 42 
/2/ LicenCes issued by the Inter-Agency Commission or the 
Government ~ the Czech and Slovak Federative Republic and the 
Commissior. or the Ministry or Culture of the Czech Republi~ 
For the selection of applicants or non-state bro~dcasting shall 
be considered as licences issued according. co this law. Their 
validity shall expire on the 31st of De~~mber 1985. 
/3/ The deadline stipulated 'in Article 1S, paragraph 2, 
letter b/, shall begi n the da'y of the allocation of a part of 
the frequency spectrum tci the h~lders of licences issued 
according to paragraphs ~ and 2. 
/4/ Through the 31st of December 1992, for public 
television op.erators air time alloted to commercials may reach 
5 % 0 f d ail y air time. 
Article 26 
Law number 35/1965, on literary. scientific and artistic 
works (Copyright Law) as amended by law number 89/1990 (full 
form number 247/1890) shall be amended in the following ways: 
1. Article 16. paragraph 1 shall read: 
"/1/ Tndividual use or works. in addition to their 
radio or television broadcasting, includes also all other ~~blic 
transmission of the broadcasted works with the help or any other 
medium or audio. or visual transmission if this transmission is 
don e b y any .8 n tit Y 0 the r t ha n the 0 rig i na 1 b r 0 a de as t er. 11 
2. Article 16, paragraph 3 shall be deleted. Article 27 
deleted 
Article 28 IP/N/lICZE/C/3 
Page 43 
Law number 424/1991, on Membership in Political Parties and 
in Political Movements shall be amended in the Following way: 
In Article 17, paragraph 4, letter a/ the words "radio and 
television stations" shall be deleted. 
Article 28 a 
Licencing authority will decide on proposal of the Public Radio 
Operator on providing broadcasting networks accordin9 ro article 
9 par. 4 with freqeuncy's and on disengaging ,other frequenc·y"s. a8-
~igned to the local broadcasting. 
President 
or the Czech and Slovak Federative Republic 
Chairman of the CSFR Government/Chairman of the Federal Assembly 
Veri.fiers IP/N/lICZE/C/3 
Page 44 unofficial translation 
241 
ACT 
of the Czech National Council 
of the t 4th of April 1992 
on State Fund of the Czech Republic 
to Assist and Promote Czech Cinematography 
The Czech National Council has enacted the following Act: 
Section 1 Appentlix 3 
(1) The State Fund of the Czech Republic to Assist and Promote Czech Cinematography 
(hereinafter "the Fund ") shall be established. 
(2) The Fund ·shall be a legal entity to be registered, based on its statu·tes, in the Commercial 
Register. The Fund shall be administered by the Ministry of Culture of the Czech Republic 
(hereinafter tithe Fund Administrator"). 
(3) The FumI shall be heaueu by the Minister of Culture of the Czech Republic (herein(!rter 
lithe Minister") who shall be responsible for managing the means of the Fund. 
Section 2 
(I) The manner antl amounts of draw"ing the means from the Fund shall be decided by Fund 
Council (hereinafter "the Council"). 
(2) wlembers of the Council shall be elected amI recalled by the Czech National Council to 
which the Council shall be responsible. ~lembers shall he nominated for election by the Minister from 
among significant cultural personalities and finance, after consultations with professional organisations 
and associations of artists, employers and employees in the Czech film industry. wlembership of the 
Council is an honorary anD non-delegateD Public Office. 
(3) The Council shall have IlO [lH)re than 1] members. The term of office of the Council shall 
be three years. 
(4) The expenses associated with the activity of the Council shall be born by the FunD. 
(S) Details ahout the organisation amI activity of the Council shall be established in Fund 
Statutes to be proposetl by the FunJ Adlilinistrator and approved by the Czech National Council. 
Section 3 
(I) ivlemhership of the Council shall he limiteJ to blameless citizens of the Czech Repuhlic. 
(2) r.:lembers of the ClJuncil shall not holJ offices with political parties or political movements, 
or make public appearances on their behalf nr act to their henefit in connection with their membership 
of the Council: also. they shall not represent commercial interests which may contradict the 
performance ut" their office or which may impact negatively their impartiality anJ ohjective decision­
making. 
(3) Membership of the Clmncil shall be inconsistent with holding the oftices of President of 
the Republic, Prime rvlinister anu Deputy Prime Minister. Government wlinister. and HeaJ or Deputy 
HeaJ uf any other GoyernmelH Agency. Sl:CI ion ...j. 
fVh.:Ill\)L:fsllip or till: Council shall tL:rmillatL: hy: 
a) expiration of the term of office, 
b) resignation from office, 
c) death of the Member, 
u) recalling from uftice, 
e) losing ability to enter into legal acts. 
Section 5 
(l) The Council shall review in particular: 
a) principal issues of creating and using the means of the Funu, IP/N/lICZE/C/3 
Page 45 
b) draft annual budget of im.:omes and expenses of the Fund and the draft closing account of the 
Fund. 
(2) The Council shall JeciJe .about applications for grants from the Fund, as estahlished in 
Section 10. 
Section 6 
(l) The Fund AJministrator, for each budget year, shall p~epare the draft budget of incomes 
and expenses, the review of receivables ami payables anu the closing account of the Fund, to be 
submitteu to tile !Ylinistry of Finance at dates estahlisheu for the preparation of the state hudget of the 
Czech Rerublic (hereinafter "the State Budget") and the state closing account of the Czech Republic 
(hereinafter "the State Closing Account"). 
(2) The draft Fund budget shall he appendeu to the uraft State Budget, and the Fund closing 
aCCUlll1t shall be appended to the State Closing Account. 
(3) Along witlI the Fund closing accnllnt, the Funu ;\dlllinistrator shall submit a r~vie\v of uses 
uf the l11eans spent by the Fund. 
(4) The Fund shall keep its book ill accllnJance with special regulations ami shall process Its 
[),dance, to be auditiolleu. Tile associated cost shall he covereu hy the Fund. 
Section 7 
The Funo shall use the following sources of financing: 
~I) revenues from shares the Czech Republic has taken in entrepreneurial activities of legal entities 
in the film industry, 
h) revenues from securities acquired by the Funu from other entities, 
C) h)~lI1s from legal el1ti[ies. 
d) interest payable on refunuable financial injections anJ loans granted by the FunJ [0 applicants, 
and interest from Fund means depositeJ in hanks, IF 1Nl lICZE/C/3 
Page 46 
e) repayment of loalls al1J refunuable financial injectiuns grallteu by the FUl1u to applicants, 
f) contractual fines payable by applicants for failure of applicants to use Fund means in keeping 
with estahlisheu terms anu conuitiol1s (Sec. 11, Par.S), 
g) gifts amI bequests made to the Funu, 
11) receipts from puhlic collections and lotteries organiseu by the Fund, 
i) contracteu sharing in income from cinematographic works for which means were granted by the 
Fund (Sec. 11, Par.2), 
j) State Budget subsidies, 
k) surcharge to the price of aumission tickets, 
1) income from tilm copyrights that hau been transferred to the Fund, 
m) other sources as established in special legislations. 
Section 8 
(1) Participants in public uemonstration of cinematography works where aumission fee is paid, 
shall pay each a surcharge of Kcs 1. 
(2) Surcharge as under Paragraph 1 shall he accounted for and delivered hy the organiser of 
such public demonstration to the Fund within 15 days following the end of each quarter of the year. 
The Fund Administrator shall be entitled tu review such accounts. 
(3) The Government of the Czech Republic may decree Cl different amount of such surcharge, 
taking into account changed cost of living. 
Section 9 
(1) The Fund means lllay be used for projects as follows: 
a) creation of a work of Czech cinematography an. 
11) prouuction of a work of Czech cinematography art, 
c) distribution of a valuahle cinematography work, 
J) prumotion of Czech cinematography: 
e) technical development and mouernisation of Czech cinematography, 
I) prmiuctiol1, dissemination and promotion of cinematography works of national and ethnic 
minorities living in the territnry of the Czech Republic. 
(2) The Fund means shall he grantell in the form of single-purpose subsidies, loans or 
refundable financial injections. 
(3) Single-purpose subsiuies from the Fund may only be grantell to cover up to a half of the 
entire cost as envisagell by aprlicants. 
(4) There is no legal title to provision of means from the Fund. Such means of the Fund shall 
IlPt be granted to cover losses from activities of legal entities and physical persons. IP /NI lICZE/C/3 
Page 47 
(5) The FUI1J may agree to provitle guarantee to a financial inslitution for credits or loans to 
be granted to applicants for projects as established in Paragraph I. 
Section 10 
(I) Applications for provision of means from the Fund may be submitted by legal entities or 
physical persons. with headquarters or permanent addresses in the territory of the Czech Republic. 
If such application is made by a Czechoslovak legal entity with property participation of foreign 
persons, Fund means may be granted only if such foreign property participation is lower than 50 per 
cent. 
(2) Applicants shall tile their applications with the Fund Administrator. The application shall 
contain the name and a detaileu uescriptiol1 of the project for which assistance is sought, the projected 
amount of costs. description of foreign participation if ally, requested form and amount of grant, or 
Jescription of liabilities to be covered by such grant. The Fund Administrator may require applicants 
to make their applications complete with some additional data material for its assessment, and shall 
provide a fair period of time to do so. 
(3) Simultaneously with filing their applications, applicants shall pay to the Fund's account 
an amount to cover the costs associated with their assessment, established in keeping with the 
character of the project submitted and differentiated by the Fund Statutes, but not more than Kcs ten 
thousand. The Fund Administrator shall be ohliged to account for this amount to the applicant, not 
later· than as established in Sec.Il, Par. I. In the event that the cost associated with assessing the 
application exceed such amount, the balance shall be covered from the means qf the Fund. 
(4) In the event that the applicant fails to make its application complete in keeping with Par .2, 
ur to pay the amount in keeping with Par.3, then the application in question will he deemed as never 
ri!eu. 
Section 11 
(1) Any granting nf the FunJ means shall be deciLled upon by the Council. within three months 
from the Llelivery date of the application or its completion (Sec. 10. Par.2). 
The Cuul1cil ruling ;-;/1all clmtain: 
a) name of project to get the Fund assistance, 
\) name of applicant, 
c) form of assistance, 
d) amount of means provided or iuentification of liabilities to he secured,· 
e) maturity. in the event of proviuillg a refundable tinancial injection or a loan. 
(2) The Cuul1cil may establish in its ruling up to which amount the Fund will participate in 
income generateu hy the project as LImier Paragraph I. 
(3) The decision-making as unuer Paragraph 1 shall not be subject to general provisions of 
;ldl11il1istralin~ pn1cc:eJings. 
(4) 8aseJ on the COllllcil ruling and in keeping therewith the Funtl shall conclude an 
agreement with the applicant \vithin 30 uays from the Jeliv·ery of the ruling as under Paragraph 1. 
011 the amount. terms anu conJitiol1s of granting the Fund means ur of provision of guarantee IP/NllICZE/C/3 
Page 48 
;\lx'ording to Section 9, Par.S, and Oil the sharing or llle FUI1U (if any) in income generated by tht! 
:projed. In the event of a failure Oil the part of the applicallt to have such agreement concluded within 
lile stated period, the ruling as unuer Par. I shall become null anu void ·ano the application shall be 
deemed as never fileu. 
(5) The means provideu by the FUl1u may be used exclusively for the purpose stateu; in the 
evellt that the means are used in any other way, the applicant shall pay the Fund-a tine in the amount 
and in such manner as established in the agreement as umIer Paragraph 4, up to the amount of the 
provided means. This provision shall not affect the obligation to refund any means useu in 
contradiction of the agreement. 
(6) Details concerning handling the means of the Fund shall be established in the Fund 
Statutes. 
Section 12 
Any balance of the Fund means shall be transferred to the following calendar year. 
Section 13 
This Act shall enter into force on the 1st of July 1992, with the exception of the provisions 
dmtained in Section 6, which shall enter into force in the 1st of September 1992. 
BureSOV3, by her own hand 
Pithart by his O\Vll hand 