Broadcasting Act

Article 67

Public broadcasting service institutions of the Republic of Serbia and the autonomous provinces, radio and television stations of local and regional communities, which are wholly state-owned, and civic sector radio and television stations shall pay only the radio station fee (radio frequency use fee) and shall be exempt from the broadcasting fee.

The radio and television stations of local and regional communities, which are partly privately owned, shall pay part of the broadcasting fee proportionate to the share of private capital.

Radio and television stations of churches and religious communities shall not pay the broadcasting fee until the completion of the procedure restituting the property these churches and religious communities were deprived of through nationalisation, confiscation, expropriation et al. after World War Two.

IV. BASIC PROGRAMME STANDARDS

Basic Broadcaster Obligations in Respect of Programme Content

Article 68

All broadcasters shall abide by the following standards in respect of programme content within their programme concept:

1) Ensure the production and broadcasting of quality programme both in terms of technology and of programme content by applying international and national standards;

2) Ensure free, comprehensive and timely informing of citizens;

3) Broadcast important urgent announcements regarding threat to human life, health, security or property;

4) Contribute to raising the overall culture and awareness of the citizens;

5) Shall not broadcast programmes the content of which may impair the physical, mental or moral development of children and youth, as well as clearly mark such programmes and, if they are broadcasting them, do so only between 24:00 and 06:00 hours;

6) Shall not broadcast programmes containing pornography or the content of which gives undue prominence to violence or is likely to incite violence, drug abuse or other forms of criminal behaviour, as well as programmes abusing the naivet� of the audience;

7) Broadcast foreign programmes intended for pre-school children synchronised in Serbian or the languages of the national and ethnic minorities.

All broadcasters shall keep the broadcast programme contents in accordance with regulations on public information, i.e. in accordance with regulations on the protection of cultural heritage.

Identification Obligation

Article 69

The name, logo, i.e. the abbreviated identification sign of the broadcaster must be continuously displayed throughout the broadcasting of the television programme or aired in an appropriate manner during the broadcasting of radio programmes.

The use of the name, logo or abbreviated identification sign incorrespondent to the registered name of the broadcaster shall be prohibited.

The provisions of a separate public information law shall be applied to the broadcaster’s identification obligation.

The name, logo, i.e. abbreviated identification sign of the broadcaster must be displayed even during the rebroadcasting of programmes of other broadcasters, whereas, in the event of broadcasting independent production programmes, the broadcaster’s name shall be cited at the beginning or at the end of the programme.

Networking

Article 70

The networking of two or more broadcasters for simultaneous programme broadcasting without the use of additional radio frequencies or radio relay links is allowed for the duration of up to three hours per day in continuation or in summation. In exceptional circumstances, the Agency may reach a decision allowing networking of longer duration if it establishes that such a decision would be in the public interest. The Agency decision must be duly reasoned.

Networking, involving the establishing of radio relay links or link repeaters may be only temporary in character and shall be approved by the telecommunications regulatory authority if such networking does not interfere with the broadcasts of other broadcasters.

Networking to broadcast the same programme is prohibited if it constitutes a violation of the provisions on concentration of media ownership embodied in this Law or the anti-monopoly provisions set out in separate regulations.

Access to Major Events

Article 71

The Agency shall detail the list of events which are of interest to all citizens in the Republic of Serbia for which the exclusive right to broadcast may be exercised only by the broadcaster whose service area, as prescribed by article 47 of this Law, encompass the entire territory of the Republic of Serbia.

The broadcaster, granted with an exclusive right to broadcast an event included in the list from para 1 of this Article, shall allow and enable all interested broadcasters to tape and broadcast short reports of the event lasting up to 90 seconds which shall contain the authentic picture and sound of the event.

Broadcasting in One’s Native Tongue

Article 72

The broadcaster shall produce and broadcast programme in Serbian or ensure that the programmes produced in foreign languages are broadcast with a translation into Serbian.

The obligation in para 1 of this Article does not pertain to broadcasters producing and broadcasting programme intended for national minorities or parts of the programme of the public broadcasting service institutions meeting the needs for information of national minorities in their mother tongues.

The obligation in para 1 of this Article does not pertain to the broadcasting of foreign music programmes, with the exception of television broadcasts of stage shows.

In exceptional circumstances, the Council may allow the broadcaster to air parts of a programme in a foreign language.

Self-Produced Programmes

Article 73

Of the total annual broadcasting time, a broadcaster shall broadcast at least 50% of programmes produced in Serbian, out of which at least 50% shall be produced by the broadcaster itself.

Broadcasters producing and broadcasting programmes for national minorities are obliged to broadcast at least 50% of their self-produced programme in the total annual broadcasting time in the languages of national minorities.

The total annual broadcasting time does not include reruns, transmission of sports events, game shows, advertisements and teleshopping, nor news programmes, with the exception of the broadcaster’s self-produced news.

Self-produced programme signifies programmes or shows in which the self-produced audio or video material and/or co-authorship proportion of a show or programme account for over 50% of the television and over 20% of the radio programmes, i.e. shows.

Self-produced programme also entails co-productions.

Independent Production Quotas

Article 74

The public broadcasting service institutions of the Republic of Serbia and autonomous provinces, as well as the local and regional broadcasters, which are predominantly state-owned, are obliged to place at least 10% of their total annual broadcasting time at the disposal of independent radio and television productions.

Programmes older than five years may account for maximum 50% of the quota set forth in para 1 of this Article.

Total annual broadcasting time does not include reruns, transmission of sports events, game shows, advertisements and teleshopping, nor the news programmes, with the exception of a broadcaster’s original news production.

Accountability of Broadcasters

Article 75

A broadcaster shall be held accountable for the broadcast programme content in accordance with the provisions of a separate public information law.

V. PUBLIC BROADCASTING SERVICE

Carriers of the Public Broadcasting Service

Article 76

Republican and provincial broadcasting institutions shall be the carriers of the public broadcasting service in the Republic of Serbia.

Broadcasting institutions in para 1of this Article shall perform the activities of producing and broadcasting radio and television programme and shall have specific obligations in achieving public interest in the public broadcasting service sector, as determined by this Law.

Broadcasting institutions in para 1 of this Article shall have the status of a legal person.

Achieving Public Interest in the Public Broadcasting Service Sector

Article 77

Programmes produced and broadcast within a public broadcasting service shall be of public interest.

Programmes in para 1 of this Article shall encompass programmes with informative, cultural, art, educational, religious, scientific, children's, entertaining, sports and other content, ensuring the meeting of the needs of citizens and other persons and the fulfillment of their rights in the broadcasting sector.

Programmes produced and broadcast within the public broadcasting service must ensure diversity and balance (mutual coordination or conformity) of content which uphold democratic values of a modern society, particularly the respect of human rights and cultural, national, ethnic and political pluralism of views and opinions.

Public Service Broadcasters’ Obligation to Achieve Public Interest

Article 78

With the aim of achieving public interest in the broadcasting sector, determined by this Law, and in addition to general obligations of broadcasters in relation to programme content set forth in Article 68 of this Law, public broadcasting service carriers shall:

1) Ensure that programmes which are produced and broadcast, and particularly programmes with news content, are protected from any influence of the authorities, political organisations or centres of economic power;

2) Produce and broadcast programmes intended for all segments of society, without discrimination, particularly taking into consideration specific societal groups such as children and youth, minority and ethnic groups, handicapped, socially and medically vulnerable groups, deaf and dumb (mute), and others;

3) Adhere to lingual and speech standards not only of the majority population but also, proportionately, of national minorities and ethnic groups in the area where the programme is being broadcast;

4) Ensure the satisfaction of the needs of citizens for programme content expressing cultural identity not only of the nation, but also of national minorities and ethnic groups, by enabling them to follow certain programmes or blocks of programmes in the areas where they live and work, in their native tongue and writing;

5) Provide adequate time slots for broadcasting content related to activities of civic associations and non-governmental organisations, as well as of religious communities in the area where the programme is being broadcast;

6) Provide during election campaigns free-of-charge and balanced broadcasts of promotions of political parties, coalitions and candidates for federal, republican, provincial or local elections, whose candidacies have been accepted, whereas these broadcasters may not broadcast a paid election promotion and, pursuant to their general by-laws, may refuse to broadcast programmes and propaganda spots if these do not serve the election campaign;

7) Envisage in their annual plans the broadcasting of independently produced programmes, the selection of which is based on a public tender and upon the conclusion of a written contract with the independent producer at customary market conditions;

8) Enable the use of self-produced teletext or teletext independently produced by a third party at the recommendation of the Agency;

9) Ensure the use and development of modern technical and technological standards in programme production and broadcasting, and draft and duly fulfil plans of transferring to new digital technologies;

10) Respect the traditional spiritual, historical, cultural, humanitarian and educational importance and role of churches and religious communities in society;

11) Mutually cooperate and exchange programme contents of interest to the citizens of Serbia.

Special Obligations Regarding News Programme Production and Broadcasting

Article 79

Public broadcasting service carriers shall in their news programme production and broadcasting abide by the principles of impartiality and fairness in treating different political interests and different persons, uphold the freedom and pluralism of the public expression of opinions, and prevent any form of racial, religious, national, ethnic or other intolerance or hatred, or intolerance on the grounds of sexual orientation.

Financing of a Public Broadcasting Service

Article 80

A radio-television subscription shall be paid to finance the activities of public broadcasting service institutions related to activities in the public interest determined by this Law.

For the execution of other tasks within the scope of its activities, the public broadcasting service shall acquire resources from:

1) The production and broadcasting of advertisements;

2) The production and sales of audio-visual programmes (shows, films, serials, sound carriers, etc.);

3) The production of other programme services (teletext, etc.);

4) Organising concerts and other performances;

5) Performing other activities laid down in the Statute;

6) Other sources in keeping with the law.

Radio-Television Subscription

Article 81

Owners of radio and TV receivers shall pay radio-television subscription to public broadcasting services, in keeping with this Law.

Owners of radio and TV receivers shall pay an identical flat RTV subscription across the entire territory of the Republic of Serbia.

Radio-television subscription (hereinafter subscription) shall be paid for radio and television receivers (hereinafter receiver) per household and for receivers linked to joint antennae or connected to a cable system.

One household, owner of two or more receivers, notwithstanding receivers in motor vehicles, shall pay the subscription for one radio or television receiver at the same address.

Hotels and motels shall pay one subscription per every ten rooms equipped with television or radio receivers, whereas any other legal person, the owner of a television receiver, shall pay the subscription per every 20 employees capable of receiving a programme.

The obligation to pay the subscription shall begin on the first day of the month following the purchase of a receiver.

All natural and legal persons, which are owners of a receiver, shall report the purchase of the receiver to the republican public broadcasting service institution, and for the territory of AP Vojvodina radio and TV receivers are to be registered at the Vojvodina’s PBS as well.

The obligation to report the receiver or report the receiver owner’s change of address or change of head office shall be fulfilled within 15 (fifteen) days from the day of the receiver purchase or the change.

In the event of alienating the receiver, the former owner of the receiver shall pay the subscription until the cancellation of the receiver registration and shall submit a statement that s/he does not own another receiver.

The republican public broadcasting service institution shall keep a register of subscribers, with all personal and other necessary data, and for the territory of AP Vojvodina radio and TV subscribers are to be registered in the Vojvodina’s PBS as well.

The public broadcasting service institution may not execute control of ownership of receivers in a manner that would jeopardise the citizens' constitutional rights.

Exemption from the Obligation to Pay Subscription

Article 82

Exempted from the obligation to pay subscription are households - owners of receivers - with at least one household member who is:

1) An invalid with 100% physical disability;

2) An invalid with less than 100% physical disability who, in keeping with provisions of other specific regulations, has been granted a right to a subsidy for external care and assistance;

3) An individual with permanent loss of hearing or a blind individual.

The right to exemption from the obligation to pay the subscription set forth in para 1 of this Article is exercised on the basis of a certificate issued by a competent pension and disability insurance institution, i.e. another institution or body if so stipulated by a separate law.

The following legal persons are exempted from the obligation to pay subscription:

1) Institutions, which in terms of Article 79 of the Law on Social Welfare and Protection (“Official Gazette of the Republic of Serbia”, Nos. 36/91, 33/93, 53/93, 67/93, 46/94, 48/94, 52/96 and 29/2001) are deemed institutions for the accommodation of the socially vulnerable, schools, health institutions and organisations of the disabled, and firms for training and employing the disabled;

2) Diplomatic-consular representation offices, on a reciprocal basis.

The Rates and Modes of Subscription Payment

Article 83

The rate of monthly subscription for receivers used in households and for receivers owned by legal persons shall be 210 dinars.

The rate of annual subscription for a receiver used in a motor vehicle shall be 440 dinars.

The subscription in para 1 of this Article shall be paid on a monthly basis, by the 15^th day of the current month for the preceding month.

The subscription in para 2 of this Article shall be paid on an annual basis, by a special money order, during the registration of a motor vehicle.

Seventy (70) percent of the revenue collected from the subscription in the territory of an autonomous province shall belong to the province's public broadcasting service institution. The Broadcasting Institution of Serbia shall transfer these funds to the public broadcasting service institution of the autonomous province within three days after payment collection.

The Broadcasting Institution of Serbia shall pay to a separate account of the Republic of Serbia budget 1.5% of its overall monthly subscription for the development of the domestic film industry.

Payment of the monthly subscription shall be collected via the public company offering most favorable conditions for the collection of subscription fees for certain territory, and in a manner prescribed by the contract concluded in between the Broadcasting Institution of Serbia and the corresponding public company.

The subscription rates in paras 1 and 2 of this Article in the year 2003 and each following year shall be harmonised with the retail price growth index in the Republic of Serbia in the preceding calendar year, in accordance with data officially published by the authorised statistics body, increased by 5%.

Obligations relating to the Proposed Service Area

Article 84

The Broadcasting Institution of Serbia shall broadcast its programme in the entire territory of the Republic of Serbia within the MF, VHF and UHF frequency bands assigned to the broadcasting service. The Broadcasting Institution of Serbia shall broadcast programme outside the territory of the Republic within the HF frequency bands.

The public broadcasting service institution of an autonomous province shall broadcast programme in the territory of the autonomous province within the MF, VHF and UHF frequency bands assigned to the broadcasting service.

The Broadcasting Institution of Serbia shall broadcast its radio programme via three networks within the MF band and three networks within the VHF band, and its television programme via two networks within the VHF/UHF band.

The public broadcasting service institution of an autonomous province shall broadcast its radio programme via two networks within the MF band and three networks within the VHF band, and its television programme via two networks in the VHF/UHF band.

Before the commencement of broadcasting, institutions in paras 1 and 2 of this Article are obliged to obtain radio station licences, which are issued at the request of the Agency by a telecommunications regulatory authority in keeping with the Radio Frequency Assignment Plan.

Serbian Broadcasting Service Institution

Article 85

In order to perform the activities of a public broadcasting service in the territory of the Republic of Serbia, the Broadcasting Institution of Serbia shall be set up with its head office in Belgrade.

The assets for the founding and operation of the Broadcasting Institution of Serbia shall include the real estate and other resources used by the Public Company “Radio Television of Serbia”, determined by the division of assets dividing the assets, rights and obligations of the Public Company “Radio Television of Serbia” between the Broadcasting Institution of Serbia and the Broadcasting Institution of Vojvodina.

The Broadcasting Institution of Serbia shall use the immovable property and broadcasting infrastructure assets in para 2 of this Article (buildings, antenna systems, radio-relay systems et al.) as stipulated in the contract concluded by the authorised persons of the Broadcasting Institution of Serbia and the Republic of Serbia Property Directorate.

Bodies of the Broadcasting Institution of Serbia

Article 86

Bodies of the Broadcasting Institution of Serbia shall comprise: the Managing Board and the General Manager.

The Programme Board shall be the consultative body of the Broadcasting Institution of Serbia.

Managing Board

Article 87

The body managing the Broadcasting Institution of Serbia shall be the Managing Board, which has nine members.

Members of the Managing Board shall be appointed and dismissed by the Agency.

Members of the Managing Board shall be named from the ranks of journalists and prominent experts in media, management, law and finance, as well as from among other prominent figures.

Federal and Republican Members of Parliament, members of the autonomous provincial parliaments, members of the Agency Council, members of Government or of executive bodies of an autonomous province, individuals appointed to the Government, an executive body of an autonomous province or the republican, that is, provincial bodies, as well as officials of political parties (leaders of political parties, their deputies, members of party presidencies, main and executive party boards and other officials) may not be members of the Managing Board.

The term of office of Managing Board members is five years and one person may be appointed member of the Managing Board for a maximum of two consecutive terms.

In their work, members of the Managing Board shall be autonomous and shall ensure the consistent implementation of the provisions of this Law with regard to the public broadcasting service.

The Mode of Operation of the Managing Board

Article 88

The Managing Board shall adopt rules of procedure on its work.

The Managing Board shall elect its Chairperson from amongst its members.

The Managing Board shall make decisions by a majority vote of all members of the Managing Board, unless the Statute (of the Broadcasting Institution of Serbia, translator’s addition) envisages a two-thirds majority of all the Managing Board members for certain decisions. In the event of a draw, the Chairperson shall have the prevailing vote.

Members of the Managing Board shall be entitled to financial remuneration for their work, the level of which shall be determined by the Agency.

Managing Board’s Duties

Article 89

The Managing Board shall:

1) Adopt the Statute of the Broadcasting Institution of Serbia (hereinafter Statute) with the Agency's consent, adopt business plans and reports on activities of the Broadcasting Institution of Serbia and periodical and annual profit and loss accounts and inform the public, the Agency and the Assembly thereof;

2) Appoint and dismiss the General Manager of the Broadcasting Institution of Serbia, with a two-thirds majority vote of all the Managing Board members, whereby the decision on appointment shall be made after a public tender;

3) Appoint and dismiss directors of radio and television, programme editors-in-chief, with a two-thirds majority vote of all members of the Managing Board, whereby the decision on appointment shall be made at the proposal of the General Manager after a public tender;

4) Approve the General Manager’s general by-law on the systematisation of duties and tasks in the Broadcasting Institution of Serbia;

5) Adopt investment plans;

6) Consider recommendations of the Programme Board;

7) Determine the mode of registering and cancelling the registration of receivers;

8) Perform other activities determined by the law and the Statute.

General Manager

Article 90

The General Manager shall:

1) Act for and on behalf of the Broadcasting Institution of Serbia;

2) Organise and manage the process of work and run the business activities of the Institution;

3) Ensure the legality of the work and business activities;

4) Execute decisions of the Managing Board;

5) Consider recommendations of the Programme Board;

6) Be held accountable for the fulfillment of the programme concept and ensure the execution of adopted business plans and the implementation of the provisions of this Law which relate to the public broadcasting service;

7) Propose to the Managing Board the appointment of directors of radio and television and programme editors-in-chief;

8) Pass general by-laws on the systematisation of duties and tasks and on the organisation of work in the Broadcasting Institution of Serbia;

9) Perform other duties determined by law and the Statute.

The term of office of the General Manager shall be four years and an individual may be appointed General Manager for two consecutive terms at the most.

An individual, ineligible for the post of a member of the Managing Board of the Broadcasting Institution of Serbia, may not be appointed General Manager.

Auditing

Article 91

All profit and loss accounts and financial statements of the Broadcasting Institution of Serbia are subject to annual audit by an independent authorised auditor.

The Programme Board

Article 92

The Programme Board shall advocate the interests of all viewers and listeners.

The Programme Board shall consider the implementation of the programme concept of the Broadcasting Institution of Serbia and shall thereon submit recommendations and suggestions to the General Manager and the Managing Board.

The Programme Board shall consist of 18 members appointed by the Assembly, six of whom are MPs, while 12 (twelve), proposed by the Agency, shall come from amongst various professional associations, scientific institutions, religious communities, civic associations, non-governmental organisations et al.

Individuals elected or appointed to Government or republican bodies and Agency Council members may not be members of the Programme Board.

The term of office of the members of the Programme Board shall be three years and they may not be reappointed.

The Statute of the Broadcasting Institution of Serbia shall detail the mode of operation of the Programme Board.

The Broadcasting Institution of Serbia shall provide working conditions for the Programme Board.

Statute of the Broadcasting Institution of Serbia

Article 93

The Statute of the Broadcasting Institution of Serbia shall detail in-house organisation, mode of operation, manner for achieving public interests in the broadcasting sector, the rights and obligations of journalists in fulfilling public information duties, development planning, investment and information technology policies, and other issues relevant to the work and the functioning of the Broadcasting Institution of Serbia.

The Statute of the Broadcasting Institution of Serbia shall be approved by the Agency.

Broadcasting Institution of an Autonomous Province

Article 94

The Broadcasting Institution of Vojvodina shall be set up with its head office in Novi Sad in order to perform the activities of a public broadcasting service in the territory of the Autonomous Province of Vojvodina.

The assets for the founding and operation of the Broadcasting Institution of Serbia shall include the real estate and other resources used by the Public Company “Radio Television of Serbia”, determined by the division of assets dividing the assets, rights and obligations of the Public Company “Radio Television of Serbia” between the Broadcasting Institution of Serbia and the Broadcasting Institution of Vojvodina.

The Broadcasting Institution of Vojvodina shall use the immovable property and broadcasting infrastructure assets in para 2 of this Article (buildings, antenna systems, radio-relay systems et al.) as stipulated in the contract concluded by the authorised persons of the Broadcasting Institution of Vojvodina and the Republicof Serbia Property Directorate.

The provisions of this Law related to the bodies of the Broadcasting Institution of Serbia, their competencies, the Programme Board, the auditing of financial statements, and provisions with regard to the Statute of the Broadcasting Institution of Serbia, shall be applicable to the Broadcasting Institution of the Autonomous Province.

The Agency shall appoint members of the Managing Board of the broadcasting institution of the autonomous province from amongst individuals who live and work in the territory of the autonomous province.

The Programme Board of the broadcasting institution of the autonomous province shall be appointed by the assembly of the autonomous province.

Radio and/or Television Stations of the Civic Sector

Article 95

Radio and/or television stations of the civic sector are those stations which satisfy specific interests of particular social groups and civic associations.

Radio and/or television stations in para 1 of this Article may be founded by a civic society non-profit organisation (a non-governmental organisation or a civic association).

The content of a programme broadcast by civic sector radio and/or television stations must be related to the field of activity of the non-governmental organisation or the civic association which founded the station.

Civic sector radio and/or television stations may be founded to cover only a local area.

Civic sector radio and/or television stations may not be profit-making.

Provisions of this Law pertaining to the public service broadcaster with respect to special programme production obligations shall apply to civic sector radio and/or television stations.

Civic sector radio and/or television stations shall be granted a broadcasting licence upon participation at a public tender for a proposed service area, but they need not pay the broadcasting fee.

Resources for the work of radio and/or television stations of the civil sector may be provided from donations, citizens' contributions, sponsorship and other sources of revenue, in keeping with a separate law regulating the founding and the activities of civic associations and non-governmental organisations. Revenues raised through sponsorship and advertising shall be subject to the provisions of this Law which pertain to a public service broadcaster.

Management of a civic sector radio and/or television station is detailed in the station Statute which is approved by the Agency.

If a civic sector radio and/or television station changes its status in the course of its work, or broadcasts a programme or uses sponsorships and advertisements in contravention of the provisions of this Law, its licence shall be revoked before validity expiry and it shall make a retroactive payment of the broadcasting fee for the period of work since the occurrence of reasons for launching the licence revocation procedure.

Radio and/or Television Stations of Local and Regional Communities

Article 96

A radio and/or television station of a local community is founded by a municipal assembly.

A radio and/or television stations of a regional community is founded by two or more municipal assemblies.

A station set up by a city assembly also has the status of a radio and/or television station of a regional community.

A municipal assembly may set up only one local radio and/or television station, while two or more municipal assemblies or a city assembly may set up only one regional radio and/or television station, and each of these radio and/or television stations shall broadcast only one radio and/or television programme.

If a municipal assembly is a co-founder of a regional radio and/or television station, it may not simultaneously be the founder of a local radio and/or television station.

Radio and/or television stations in paras 1, 2 and 3 of this Article may be in mixed ownership. These stations shall have the status of a public company as long as the state-owned resources represent the majority stake in their total capital.

Radio and/or television stations in paras 1, 2 and 3 of this Article shall be granted licences after participation in a public tender for the proposed service area.

Radio and/or television stations in paras 1, 2 and 3 of this Article are obliged to comply with provisions of this Law which relate to special obligations of a public service broadcaster in programme production and broadcasting, as long as they have the status of a public company.

Federal and republican MPs, members of the parliament of the autonomous province, municipal councilmen, individuals elected or appointed to federal, republican, provincial or local executive bodies, as well as political party officials may not be directors, editors-in-chief or members of the managing boards of local and/or regional radio and/or television stations while these stations have the status of a public company.

Radio and TV stations from para. 1,2 and 3 of this article shall be under obligation to get privatized within the deadline of 4 years from the day when this Law comes into effect.

Privately owned radio and/or television stations, which have not been founded by one or more municipal assemblies i.e. a city assembly, or stations in which the state does not possess a majority shareholding interest, may also broadcast in the territory of one or more municipalities as well as in the territory of a city. Such stations shall not enjoy the special status of local or regional radio and/or television stations and general provisions of this Law applying to commercial broadcasters shall apply to them.

VI. PREVENTION OF PROHIBITED CONCENTRATION OF MEDIA OWNERSHIP

Concentration of Media Ownership

Article 97

Concentration of media ownership, in terms of this Law, exists when a broadcaster:

1) Possesses a share in the founding capital of another broadcaster;

2) Possesses a share in the founding capital of a company publishing a daily newspaper, or vice versa;

3) Possesses a share in the founding capital of a company performing the activities of a news agency, or vice versa;

4) Simultaneously possesses several broadcasting licences;

5) Simultaneously broadcasts both radio and television programmes;

6) Simultaneously broadcasts a radio and/or television programme and publishes a daily newspaper distributed in the area in which the radio and/or television programme is broadcast;

7) Simultaneously broadcasts a radio and/or television programme and performs the activities of a news agency.

Concentration of media ownership in terms of this Law also exists when founders of a broadcaster are legal or natural persons, who are at the same time:

1) Founders of another broadcaster;

2) Founders of a company publishing a daily newspaper distributed in an area in which the radio and/or television programme is broadcast;

3) Founders of a company or a shop performing the activities of a news agency; or

4) Spouses or direct relations regardless of the degree of kinship.

Prohibited Concentration of Media Ownership

Article 98

Prohibited concentration of media ownership, i.e. prevalent influence on the public opinion, shall exist in terms of this Law, when a broadcaster violates principles of the pluralism of views in the mass media in the following ways:

1) By participating in the founding capital of another broadcaster;

2) By participating in the founding capital of a newspaper-publishing company;

3) By participating in the founding capital of a company performing the activities of a news agency;

4) By simultaneously broadcasting both radio and television programmes in the same area as the only broadcaster; or

5) In any other way determined by the provisions of this Law.

Prohibited concentration of media ownership, in terms of this Law, shall also exist when a founder of a newspaper-publishing company or a company performing the activities of a news agency violates the principles of pluralism of opinions in mass media by taking part in the founding capital of a broadcaster.

Article 99

Prohibited concentration of media ownership, i.e. a prevalent influence on the public opinion, shall be considered to exist always when:

1) A broadcaster, licensed to broadcast programme at the national level of coverage, has a share exceeding 5% in the founding capital of another broadcaster with the same type of licence;

2) A broadcaster is broadcasting more than one television and more than one radio programme in the same area;

3) A broadcaster, licensed to broadcast programme at the national level of coverage, has a share exceeding 5% in the founding capital of a company publishing a daily newspaper with a circulation of more than 30,000, and vice versa;

4) A broadcaster, licensed to broadcast programme at the national level of coverage, has a share exceeding 5% percent in the founding capital of a company performing the activity of a news agency, and vice versa;

5) A broadcaster, licensed to broadcast programme at the national level of coverage, simultaneously publishes a daily newspaper with a circulation exceeding 30,000;

6) A broadcaster, with the status of a local or regional radio or television station, has a share exceeding 30% in the founding capital of another local or regional broadcaster in the same area;

7) A broadcaster, which has the status of a local or regional radio or television station and is simultaneously publishing a local daily newspaper in the same or neighbouring area.

Article 100

Prohibited concentration of media ownership, i.e. prevalent influence on the public opinion, shall also be deemed existent when, in the events set forth in Article 99, a natural person, who is the founder of a broadcaster or a company publishing a daily newspaper or performing the activities of a news agency, or his/her direct relatives regardless of the degree of kinship or his/her spouse, takes part in the founding capital of another broadcaster, of a company publishing a daily newspaper or performing the activities of a news agency, up to a set level of the founding capital.

Broadcasting Licence Issuance and Prohibited Concentration of Media Ownership

Article 101

The Agency shall not issue a broadcasting licence to an applicant for the public tender if it establishes that issuing the licence would result in prohibited concentration of media ownership in terms of this Law.

An applicant for the public tender shall submit together with the application form a certified statement that the issuance of the broadcasting licence would not result in prohibited concentration of media ownership in terms of the provisions of this Law.

Article 102

If the Agency establishes that the prohibited concentration of media ownership resulted after the granting of the licence, it shall order the broadcaster to bring its status into accordance with the provisions of this Law related to prohibited concentration of media ownership within six months.

If the broadcaster does not act in accordance with the order in para 1 of this Article without a justifiable reason within the set deadline, the Agency shall launch the procedure for revoking the broadcasting licence.

Notification of Change in the Broadcaster's Ownership Structure

Article 103

A broadcaster shall notify in writing the Agency of any change in its ownership structure prior to the change.

If the Agency establishes that the planned changes in the ownership structure would result in prohibited concentration of media ownership, it shall recommend to the broadcaster to revise the changes in a way so as to avoid prohibited concentration of media ownership.

If the broadcaster does not act in keeping with the Agency recommendation and proceeds with the ownership structure change whereby prohibited concentration of media ownership occurs, provisions of this Law with respect to broadcasting licence termination before expiry shall be applied to the broadcaster.

VII. ADVERTISING AND SPONSORSHIP

1. Advertising and Teleshopping

Permissibility of Advertisements and Teleshopping

Article 104

Prohibited shall be the advertising of tobacco products; alcoholic beverages; professional medical treatments and their results and health protection methods, including traditional and alternative medical methods and procedures; methods and procedures of treatment by persons not deemed health workers and health associates in terms of the law regulating the health protection sector; medications or treatment with medications that may be purchased only on subscription, and of goods and services the trade in or the provision of which is banned under the law shall be prohibited.

Advertisements and teleshopping, targeting children or in which children are performing, must avoid anything likely to damage their interests and shall take into consideration their particular vulnerability.

Teleshopping shall not exert pressure on minors to purchase or negotiate the purchase of goods and services.

Prohibited shall be the running of untrue, deceitful, covert or denigrating (offensive) advertisements and teleshopping, of advertisements and teleshopping which abuse the naivete of listeners and viewers, advertisements and teleshopping that, by means of technical audio and visual editing in a very short period of time or in another way, may transmit messages or influence the opinion of listeners or viewers by affecting their sub-conscience so that they are not fully or at all aware of the influence, as well as the advertising of free professions.

Advertisements must be clearly distinguishable and set apart from other programme products by visual or acoustic means.

Advertisements shall, as a rule, be broadcast in blocks.

Journalists, presenters and editors of news, documentary, cultural, educational and children's programmes may not appear or be heard in an advertisement or on teleshopping.

Modes of Broadcasting Advertisements

Article 105

Advertisements shall be broadcast between programmes, and, in exceptional circumstances, during a programme, so as not to undermine the value of the programme or infringe the rights of the copyright holder.

News programmes, information, documentary and children's programmes may not be interrupted by advertisements if their duration is shorter than 30 minutes.

Religious programmes may not be interrupted by advertisements at all.

In programmes, comprising separate wholes, and during sports, cultural and art programmes and events with breaks, advertisements may be broadcast only between the wholes or during the natural breaks in the event.

Broadcasting of audio-visual works, such as recordings of theatre plays, musical and stage works, concerts, or movies and television movies (which does not include entertainment programmes, etc.) may be interrupted only once on condition that they are longer than 45 minutes. Another break is allowed if these recordings are at least 20 minutes longer than two or more 45-minute periods together.

When programmes are interrupted by advertisements, at least 20 minutes must pass between two commercial breaks.

Advertising of Political Organizations

Article 106

All advertising of political organizations shall be prohibited outside election campaigns.

During an election campaign, registered parties, coalitions and candidates may advertise on the basis of equal representation and without discrimination.

Mediation in Advertising

Article 107

Public broadcasting service institutions and civic sector radio and television stations shall be prohibited from acting as mediators, representatives, or advertisers of or on behalf of third parties.

Duration of Advertisements

Article 108

The duration of advertisements in proportion to the total programme time of public broadcasting service institutions, civic sector radio and television stations and local and regional radio and television stations shall not exceed 10% of the total daily broadcasting and shall not be longer than six minutes per hour of programme, and the schedule and manner of broadcasting advertisements during the programme shall be regulated in detail in keeping with this Law.

Article 109

The duration of advertisements for commercial broadcasters shall be restricted to 20% of the daily broadcasts and to 20% per hour of broadcasting.

A maximum of six teleshopping programmes, whose total duration does not exceed three hours, may be broadcast per day.

During an election campaign, commercial broadcasters may broadcast paid political announcements and advertisements, but without discriminating political parties, coalitions and candidates and on equal financial terms.

The same rules regulating the schedule and manner of broadcasting advertisements during programmes shall apply to commercial broadcasters.

2. Sponsorship

Definition

Article 110

Sponsorship signifies the participation of a legal or natural person, not involved in broadcasting, in the direct or indirect financing of a programme, with the aim of promoting a name, trademark or an image.

State authorities and institutions, political parties, coalitions and other political organisations may not be sponsors of broadcast programmes.

Programmes may not be sponsored by legal or natural persons, whose core activity is the production or sale of products or provision of services, the advertising of which is prohibited by this Law.

Identification of a Sponsored Programme

Article 111

A fully or partially sponsored programme must be clearly marked as such by the identification of the sponsor at the beginning, during or at the end of the show. During the airing of sports, cultural or art programmes, the identification of the sponsor may be displayed both at the beginning and at the end of the natural breaks of the programme.

Prohibition of Sponsor's Influence on Programme Content and Time

Article 112

A sponsor may not under any circumstances influence the content and broadcasting time of the sponsored programme, nor shall the sponsor question the broadcaster's editorial policy on that account.

Sponsorship of news and other programmes dealing with current affairs is prohibited.

VIII. PENAL PROVISIONS

Article 113

A fine between 50,000 and 200,000 dinars shall be imposed on a legal person which commits the following misdimeanour:

1) Broadcasts programme without a Council license (Article 38.);

2) Broadcasts a programme contrary to programme and/or technical standards laid down in the licence (Article 39, para 3);

3) Cedes, leases or in any other way transfers or alienates, temporarily or permanently, the granted broadcasting licence (Article 46);

4) Uses a radio frequency jointly with another natural or legal person without the Agency Council's approval or in contravention of the granted approval (Article 48);

5) Broadcasts without a licence a programme, which requires a broadcasting licence with a limited period of validity (Article 60);

6) Broadcasts programme contrary to the granted broadcasting licence with a limited period of validity (Article 60)

7) Broadcasts programme after the expiry of the broadcasting licence (Article 64);

8) Fails to broadcast an important and urgent announcement (Article 68, para 1, sub-para 3);

9) Broadcasts programme content in contravention of Article 68, para 1, sub-paras 5 and 6 of this Law;

10) Fails to identify its programme in keeping with Article 69, para 1 of this Law;

11) Uses a name, logo or abbreviated identification sign which does not correspond to the registered name of the broadcaster (Article 69, para 2);

12) Fails to identify the broadcaster or independent production whose programme it has broadcast or rebroadcast (Article 69, para 4);

13) Networks in contravention of Article 70 of this Law;

14) Does not allow other interested broadcasters to record and broadcast short reports of events for which the broadcaster had purchased the broadcasting right (Article 71, para 2);

15) Omits to report the planned change in ownership structure (Article 103);

16) Advertises products, goods or services the advertising of which is prohibited (Article 104, para 1);

17) Broadcasts advertisements and/or teleshopping, the broadcasting of which is prohibited (Article 104, para 4);

18) Broadcasts advertisements in contravention of Article 105 of this Law;

19) Broadcasts political advertisements outside an election campaign (Article 106, para 1);

20) Despite being a public broadcasting service institution, a civic sector radio and television station, acts as mediator, representative or advertiser of or on behalf of third parties (Article 107);

21) Broadcasts advertisements and teleshopping programmes beyond the time limits set out in Articles 108 and 109;

22) Discriminates political parties, coalitions or candidates when broadcasting paid political announcements and advertisements (Article 109, paragraph 3);

23) Sponsors a programme in contravention of Article 110, paras 2 and 3 of this Law;

24) Fails to clearly identify a fully or partially sponsored programme (Article 111);

25) As a sponsor, influences the content or the broadcasting time of the sponsored programme (Article 112 para 1);

26) Sponsors news or current affairs programmes (Article 112, para 2).

For a misdimeanour in para 1 of this Article a fine between 2,500 and 10,000 dinars shall be imposed on both the legal person’s responsible person and the natural person.

A fine in the amount corresponding to 1 year subscription fee shall be imposed for a misdemeanour of natural and legal person failing to report the purchase of a radio and/or TV receiver, as prescribed by article 81 of this Law.

IX. INTERIM AND FINAL PROVISIONS

Article 114

Authorised nominators in Article 23 para 3of this Law shall submit to the National Assembly of the Republic of Serbia their lists of nominees for Agency Council members within 45 (forty five) days after the day this Law comes into effect.

Article 115

The National Assembly of the Republic of Serbia shall decide on the appointment of the members of the Agency Council, nominated by authorized nominators as prescribed by article 23 para 3 of this Law, within 45 (forty five) days after the expiry of the deadline for submitting the nominations.

Article 116

The Agency Council shall be constituted within 15 (fifteen) days from the day the Council members were appointed, in accordance with article 115 of this Law.

At its constituent session, the Agency Council is obliged to determine the proposal for the appointment of the ninth member in accordance with article 23 para 4 and 5 of this Law, and to deliver this proposal to the National Assembly of the Republic of Serbia.

The National Assembly of the Republic of Serbia shall appoint the ninth member of the Council within 15 (fifteen) days from the delivery day of the proposal from para 2 of this article.

The Agency Council shall be under obligation to appoint the Chairperson and Deputy Chairperson, to pass its Statute, standing orders and general by-laws on systematisation of duties and tasks and the in-house organisation of the Agency within the deadline of 7 (seven) days from the appointment of the ninth member.

The Agency Council and Council Chairperson shall hire and allocate jobs to the required number of employees in the Agency within 45 (forty five) days after the day of the adoption of general by-laws in para 4 of this Article.

The Agency shall begin work the day the Council of the Agency is constituted.

The Government of the Republic of Serbia shall provide premises, technical, financial and other material resources for the beginning of the work of the Agency within 60 (sixty) days from the day this Law takes effect.

Article 117

Other Agency general by-laws, necessary for its functioning and work, shall be adopted within six months at the latest from the day the Agency commences work.

General by-laws required for the calling of a public tender and the issue of broadcasting licences shall be passed within three months from the day the Agency commences work.

Article 118

The Agency shall begin issuing invitations for a public tender for broadcasting licences within 15 (fifteen) days from the day of adoption of by-laws, which are required for calling a public tender and granting broadcasting licences in keeping with the provisions of this Law and a separate telecommunications law.

The Agency shall start inviting tenders for granting broadcasting licenses in following order:

1) for the territory of the entire Republic;

2) for the territory of AutonomousProvinceand regions;

3) for local territories.

Article 119

Radio and/or television stations, which are broadcasting a programme at the time this Law comes into effect, shall continue broadcasts until the completion of a relevant broadcasting licence public tender, which shall be called in keeping with the provisions of this Law.

Article 120

The division of assets in Article 85, para 2, i.e. Article 94, para 2 of this Law shall be adopted by the Government of the Republic of Serbia by 31 December 2002 at the latest, upon the proposal of a Commission made up of three representatives each of the Government of the Republic of Serbia, the Executive Council of the Autonomous Province of Vojvodina and the Public Company “Radio-Television of Serbia”.

The Commission set forth in para 1 of this Article shall be formed by the Government of the Republic of Serbia.

Radio frequencies used by the Public Company Radio-Television Serbia until the day this Law takes effect, shall, in keeping with the provisions of this Law, continue to be used by the Broadcasting Institution of Serbia and the Broadcasting Institution of Vojvodina until radio station licences are issued in keeping with the new Radio Frequency Assignment Plan and this Law.

The Broadcasting Institution of Serbia and the Broadcasting Institution of Vojvodina shall commence work on 31 January 2003.

Article 121

The Republican Broadcasting Agency shall appoint the Managing Board of the Broadcasting Institution of Serbia and the Managing Board of the Broadcasting Institution of Vojvodina at least 30 (thirty) days before the day the Broadcasting Institution of Serbia and the Broadcasting Institution of Vojvodina commence work.

The Managing Board of the Broadcasting Institution of Serbia and the Managing Board of the Broadcasting Institution of Vojvodina shall be constituted within 7 (seven) days from the day of appointment (hereinafter Managing Board).

At its constituent session, the Managing Boards of the Broadcasting Institution of Serbia and the Broadcasting Institution of Vojvodina shall reach a decision to call a public tender for the appointment of the General Manager of the Broadcasting Institution of Serbia and the General Manager of the Broadcasting Institution of Vojvodina.

The respective Managing Boards shall appoint the General Manager of the Broadcasting Institution of Serbia and of the Broadcasting Institution of Vojvodina, within 15 (fifteen) days from the day the deadline for submitting applications to the public job tender has expired.

In the event that it fails to reach a decision on appointment upon the called public tender in para 4 of this Article, the respective Managing Boards shall appoint an acting General Manager of the Broadcasting Institution of Serbia and an acting General Manager of the Broadcasting Institution of Vojvodina, until the appointment of their respective General Managers.

The Managing Board of the Broadcasting Institution of Serbia, i.e. the Managing Board of the Broadcasting Institution of Vojvodina shall pass the statutes of these institutions within 30 (thirty) days from the day of their constitution.

Article 122

The Broadcasting Institution of Serbia and the Broadcasting Institution of Vojvodina shall take over the resources, rights, obligations and employees of the Public Company Radio-Television Serbia the day they commence work in keeping with the division of assets in Article 85 para 2 i.e. Article 94 para 2 of this Law.

The General Manager of the Broadcasting Institution of Serbia, that is the General Manager of the Broadcasting Institution of Vojvodina, shall adopt general by-laws on the systematisation of jobs and the in-house organisation of work of the Broadcasting Institution of Serbia, that is of the Broadcasting Institution of Vojvodina, within 60 (sixty) days from the day Broadcasting Institution of Serbia i.e. the Broadcasting Institution of Vojvodina commences work.

Employees in para 1 of this Article, who are not assigned jobs in keeping with a general by-law on in-house organisation of the Broadcasting Institution of Serbia, that is of the Broadcasting Service of Vojvodina, shall enjoy the rights exercised by employees in the event of employment termination set out in a separate law.

From the day of the division of assets adoption in accordance with article 120 para 1 of this Law, Radio-Television Serbia may not alienate or burden its property or employ new staff.

Article 123

The Managing Board of the Broadcasting Institution of Serbia, that is the Broadcasting Institution of Vojvodina, shall at the latest within 15 (fifteen) days before the Broadcasting Institution of Serbia, that is the Broadcasting Institution of Vojvodina, commences work, launch a public tender for the appointment of the radio and television directors and programme editors-in-chief.

Until the completion of the public tender in para 1 of this Article and the adoption of the decision on appointment and within 30 (thirty) days from the day the Broadcasting Institution of Serbia, that is the Broadcasting Institution of Vojvodina, commences work, the respective Managing Boards shall appoint acting radio and television directors and acting programme editors-in-chief upon the proposal of respective General Managers.

Article 124

Radio-Television Serbia shall cease work on the day the Broadcasting Institution of Serbia and the Broadcasting Institution of Vojvodina are registered in the court register.

Article 125

The Broadcasting Institution of Serbia and the Broadcasting Institution of Vojvodina shall pass other general by-laws envisaged by the law within six months from the day they commence work.

Article 126

Broadcasters, founded by local administrations (municipality, city) shall continue operating as local or regional radio and television stations, but shall be obliged to bring their work and business activities in accordance with the provisions of this Law within one year from the day this Law takes effect, as well as to conclude the privatization process within the deadline set forth in article 96 of this Law.

The competent Ministry shall within 6 months upon this Law takes effect adopt the regulation in which it shall prescribe the manner of radio and/or TV stations privatization set forth in article 96, para 1, 2 and 3 of this Law in more detail.

Article 127

The Public Company Radio-Television Serbia shall establish by 1 December 2002 a register of subscribers in the territory of the Republic of Serbia, who, as owners of radio and television receivers, are obliged to pay radio-television subscription in keeping with this Law.

The Radio-Television Serbia shall submit to each subscriber written notification on the future obligation to pay radio-television subscription, within 15 (fifteen) days from the day of establishing the register.

The obligation to pay radio-television subscription starts the month following the month in which notification in para 2 of this Article had been delivered.

Article 128

Provisions of this Law, in respect of the obligation to broadcast a prescribed percentage of programme in the Serbian language, i.e. self-produced programme, shall be applied upon the expiration of a period of one year after the day this Law takes effect.

Provisions of Chapter VII dealing with advertising and sponsorship shall be effective from January 1, 2003.

Article 129

Provisions of this Law, which regulate prohibited concentration of media ownership issues, shall not be applied to the state of affairs at the time this Law takes effect until a decision is made following a public tender for broadcasting licences for the relevant service area.

An applicant for the public tender for broadcasting licences shall abide to the provisions on prohibited concentration of media ownership in order for his application to qualify for consideration.

Article 130

The Law on Radio Television (“Official Gazette of the Republic of Serbia” no. 48/91, 49/91, 53/93, 55/93, 67/93, 48/94 and 11/2001) shall cease to be effective when this Law comes into force.

Article 131

This Law takes effect on the eighth day from the day of its publication in the “Official Gazette of the Republic of Serbia”.

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