1. Relevant Constitutional Provisions
Lithuania
The constitutional basis for press freedom in Lithuania
is incorporated in Article 25 of the Constitution of Republic of Lithuania.
It states that individuals shall have the right to have their own convictions
and to freely express them.
Individuals must not be hindered from seeking, obtaining, or
disseminating information or ideas. Freedom to express convictions,
as well as to obtain and disseminate information, may not be restricted
in any way other than as established by law, when it is necessary for the
safeguard of the health, honour and dignity, private life, or morals of
a person, or for the protection of the constitutional order.
Freedom to express convictions or impart information
shall be incompatible with criminal actions—the instigation of national,
racial, religious, or social hatred, violence, or discrimination, the dissemination
of slander, or misinformation.
Citizens shall have the right to obtain any available information,
which concerns them from State agencies in the manner established by law.
Article 44 prohibits censorship and also defends against monopolisation
of media. Article 145 gives the authorities power “during the martial
or state of emergency” to temporarily restrict the rights and freedoms
of the media.
Latvia
Press freedom is guaranteed by the constitutional legislation of the Republic of Latvia, but more explicit provisions concerning freedom of the press, such as the rights of persons to divulge and to get information, are provided in Article 1 of the Law on Press and other Mass Media. Censorship of mass media is prohibited.
Estonia
The constitutional basis for press freedom in Estonia
is incorporated in Article 45 of the Constitution of the Republic of Estonia.
Everyone has the right to freely disseminate ideas,
opinions, beliefs, and other information by word, print, picture, or other
means. This right may be restricted by law to protect public order,
morals, the rights and freedoms, health, honour, and good name of others.
This right may also be restricted by law for state and local government
civil servants to protect a state or business secret or information received
in confidence, which has become known to them by reason of their office,
and the family and private life of others, as well as in the interests
of justice. The same article also prohibits censorship.
Article 44 of the Constitution of Estonia guarantees
access to information for Estonian citizen: “At the request of an Estonian
citizen and to the extent and in accordance with procedures established
by law all state and local government authorities and their officials shall
be obligated to provide information on their work with the exemption of
information which is prohibited by law and information which is intended
for internal use only.” The above mentioned constitutional norm also
covers “citizen of foreign states and stateless persons” unless otherwise
established by law.
2. Distribution of Powers between Central and Regional Government
Lithuania, Latvia, and Estonia are unitary states. In all three states, there are neither regions nor autonomous units with their own governments.
3. Role of Courts
The constitutions of all three countries state that
justice would be carried out solely by courts. The cases concerning
mass media are thus handled in courts. Latvia, Estonia, and Lithuania
have a similar three-step system of courts. District and circuit
courts handle legal cases, including those concerning mass media.
One can appeal against their rulings at the Court of Appeals. The
highest legal instance for the cases is the Supreme Court.
Most often, these are cases concerning honour and
dignity, which, according to plaintiffs, have been offended by the media.
Since the media carries the burden of proof, the newspapers, magazines,
radio, and TV stations have lost a considerable number of cases and were
obliged to publish refutations and to pay compensations to the plaintiffs.
There have also been a number of cases in all three
countries concerning the legality of privatisation, disputes on ownership,
and bankruptcies of privatised or newly established mass media institutions
during the period of transition from state-owned or controlled press towards
the system of private mass media system.
Handling of mass media cases is not an easy task
for courts, as the judicial system themselves is going through a period
of transition. Usually, the media is reluctant to accept the rulings
of courts unconditionally; and attempts are made to delay the implementations
of the rulings, i.e., by putting the cases before the higher instances
of courts for repeated consideration.
4. Status of International Human Rights Treaties in National Law
Lithuania
Lithuanian Seimas (Parliament) has ratified the
European Convention for the Protection of Human Rights and Fundamental
Freedoms, and its protocols Nos. 4, 7, and 11 in 1995.
Seimas has also ratified the Convention of European
Council on Television Without Borders in 1997.
The 1995 resolution of Seimas stated that journalists
must keep the main ethical principles put down in the Resolution No. 1003
of European Council Parliamentary Assembly. The provisions of this
resolution have formed a base of Lithuanian Code of Ethics of Journalists
and Publishers.
Latvia
Latvia’s Saeima (Parliament) has ratified the Convention
for the Protection of Human Rights and Fundamental Freedoms, and its protocols
Nos. 1, 2, 4, 7, and 11 on June 4th, 1997.
On May 15, 1998, the Saeima has ratified the Convention
of the European Council on Television Without Boarders.
Estonia
Estonian Riigikogu (Parliament) has ratified the European Convention for the Protection of Human Rights and Fundamental Freedoms, and its protocols Nos. 1, 2, 3, 4, 5, 7, 8, 9, 10, and 11 on March 13, 1996 and No. 6 on March 18, 1998. However, the Convention of the European Council on Television Without Boarders has not been ratified.
5. Statutory Framework
Lithuania
The Law on the Provision of Information to the Public
(adopted on July 2, 1996) regulates the principles of functioning of all
mass media. It also specifies the mechanism of obtaining licenses
for radio and television stations.
The Law on Lithuanian National Radio and Television (adopted
on Oct 8, 1996) concerns the functioning of LNRTV and provides the legal
basis for the formation of the Council of Lithuanian National Radio and
Television (LNRTV), which functions as the highest governing body for this
public radio and TV station.
Latvia
The Law on Press and Other Mass Media (adopted on
December 20, 1990) provides for general principles of functioning of all
mass media.
The Law on Radio and Television (adopted on September
8, 1995) regulates the functioning of private radio and TV stations and
of public Latvian Radio and Latvian Television. It details the mechanism
of obtaining licenses for private radio and television stations and also
contains provisions concerning the programming and advertising on public
and private radio and TV stations.
Estonia
No special law concerning print media has been adopted.
Estonian media and legal experts, as well as journalists, have an opinion
that there is no need to have special mass media legislation covering such
general areas as libel, access to public information, and privacy protection.
The Law on Radio and Television (adopted on May
15, 1994) regulates the functioning of private radio and TV stations and
of public Estonian Radio and Estonian Television and details the mechanism
of obtaining licenses for radio and television stations.
The Law on Advertising (adopted on June 11, 1997)
regulates advertising activities in the country.
6. Regulation of Ownership
Lithuania
According to the provisions of the Law on the Provision
of Information to the Public, the owners of mass media can be both natural
and legal persons. Article 30 requires that only a citizens of the
Republic of Lithuania or legal persons registered in the Republic of Lithuania
may be owner of a public information producer or disseminator. However,
in the case of ownership by legal persons, there is no restrictions as
to the structure of capital of mass media enterprise. Thus, a newspaper,
magazine, radio, or TV station can also be fully owned by a foreign legal
person registered in Lithuania—for example, one of the three nation-wide
television networks TV-3 is owned by Swedish company MTG, mass media hand
of Kinnevik.
Article 30 also states that a political party or
political organisation may not be owner of a radio or television station,
and that the State institutions (with the exception of scientific and educational
institutions), municipalities, and banks may not be owners or shareholders
of a public information producer.
Requirement for the banks to sell out their mass
media interest (in Lithuania, one actually could only talk in this respect
about state Agricultural bank holding 44 per cent of shares of the second
most popular TV company) was never implemented because government, for
political reasons (according to the experts), never established the rules
specifying how private or state banks have to give up their ownership of
their stake in the media companies.
Paragraph 4 of Article 3 Law explicitly prohibits
monopolisation of mass media. Article 16 provides antimonopoly principles
of mass media ownership with reference to the Law on Competition.
Lithuanian National Radio and Television has the
status of a public institution which, according to the right of ownership,
belongs to the State (Article 2 of the Law on Lithuanian National Radio
and Television).
Latvia
Article 8 of the Law on Press and other Mass Media
states generally that a right of establishing and publishing of mass media
belongs to legal persons and to the legally capable natural persons of
the Republic of Latvia. Article 1 of the same Law prohibits any kind
of monopolisation of any kind of mass media.
As to the ownership of radio and TV stations, there
are more restrictions in the Law on Radio and Television. Article
3 of the Law, with reference to the Law on Foreign Investments in the Republic
of Latvia, limits the share of foreign ownership of a broadcasting organisation
by 49%. Article 8 of the Law on Radio and Television states that
a political organisation (party) or the enterprise established and controlled
by it has no right to create broadcasting organisations. A natural
person who is occupying elective office in a political organisation (party)
and also owning stock of a broadcasting organisation or has a controlling
share of its stock has no right to vote for decisions of this broadcasting
organisation.
Other paragraphs of this Article provide for the
limitations as to concentration of ownership of broadcasting organisations
by natural as well as legal persons. Merging of regional and local
networks into one is also prohibited, except when this is provided for
by the national conception of electronic media development.
Latvian Radio and Latvian Television, according
to Article 57, are non-profit state enterprises with limited liability.
Estonia
The articles of Chapter 4 of the Law on Radio and
Television clearly distinguish between ownership of programs and ownership
of technical means of broadcasting.
Every person (natural and legal) can acquire, create
and sell programs of radio and television. Owners of technical means
of broadcasting (transmitters, etc.) can only be citizens of Estonia living
in the country or enterprises which are owned by majority (at least more
than a half of the stock) by the citizens of Estonia.
Paragraph 6 of Article 40 of the Law on Radio and
Television provides for refusing of authorisation for broadcasting activities
if there is a threat for monopolisation of electronic mass media.
Estonian Radio and Estonian Television, according
to Article 24, are legal persons of public law, which at the same time
are the owners of broadcasting stations and the broadcasting stations themselves.
7. Registration Requirements
Lithuania
Article 31 of the Law on the Provision of Information to
the Public states that producers and disseminators of public information
shall be registered in the Ministry of Economy according to the procedure
established by laws without prior permission of any state power or government
institution. The procedure of the registration applies to all legal
persons, who operate in Lithuania and does not carry any specific requirements
targeting mass media.
Activities of radio, TV, and Cable TV stations are
subject to licensing (Article 26 of the Law). Licences are obtained
according to results of tenders organised by Radio and Television Commission,
which is an independent body nominated by the law to regulate private broadcasting
sector.
Latvia
All mass media are subject for preliminary registration at the Ministry of Justice, as provided in Article 9 of the Law on Press and other Mass Media. Activities of electronic mass media are subject to licensing, according to the provisions of Chapter 2 of the Law on Radio and Television. Permissions (licences) for broadcasting activities are issued by the National Council of Radio and Television, which organises tenders.
Estonia
There is no requirement for preliminary authorisation for mass media. For radio and television broadcasting activities, permissions must be obtained from the Ministry of Culture and Education according to the provisions of Chapter 6 of the Law on Radio and Television.
8. Regulation of Import and Export of Publications
In all three countries, there are no special restrictions
as to import and export of publications so long as their contents do not
contradict the provisions of mass media and other laws. The above
referred contradictions usually include the ban on the import of publications
which instigate national, racial, religious, or social hatred or discrimination
on the above mentioned grounds. Lithuanian law prohibits pornography,
so, in theory, imports of pornographic materials is not legal, but, in
practice, due to the “liberal” implementation of this norm, banning the
import of pornographic materials was never effective.
In Lithuania, taking away from the country of publications
that are more than 50 years old is regulated by the decrees of the Government.
9. Mechanisms of Press Self-Regulation
Lithuania
In Lithuania, the direct influence of legislative
and executive powers on mass media activities is very limited, due to a
highly formalised system of mass media self regulation.
All four pillars of countries self regulation system:
the Ethics Commission, the Radio and Television Commission, the Council
of Lithuanian National Radio and Television and the Foundation to Support
Press, Radio and Television, are independent, accountable to the law.
Their members are appointed, according to the law, by the media industry
and various public non-political organisations (creative and professional
unions, church, and educational organisations).
The professional ethics in the field of mass media
are regulated by Code of Ethics of Journalists and Publishers. The
task of its implementation, according to the Law on the Provision of Information
to the Public, is delegated upon the Ethics Commission of Journalists and
Publishers, consisting of the representatives of journalist organisations
(Article 24), and the Inspector of Journalist Ethics, which is a state
officer, appointed by the Seimas on the proposal of the Ethics Commission
of Journalists and Publishers (Article 25).
Recently, Commission of Experts, working under the
Ethics Commission was established. The duty of the Commission of
Experts is to assist the Ethics Commission with expertise and recommendations
on drawing the line between acceptable and non-acceptable in such areas
as materials with the content of sexual or violent nature. The commission
operates under the guidelines produced by the Ethics Commission.
The latter has the final say in deciding whether the publication is of
erotic or violent nature. Recognising publication as of the first
or the second would mean that publication would lose its privilege to be
exempt of VAT and would be restricted in the area of dissemination (no
sales or rent near churches, schools, kindergartens, etc.)
The Radio and Television Commission, consisting
of eleven members, regulates activities of all radio and television stations
in Lithuania, public and private, including cable TV stations. Only
3 of them are appointed by the Seimas, the rest are representatives of
journalists’, publishers’, and creative unions.
The highest governing body of Lithuanian National
Radio and Television is the Council, consisting of fifteen representatives
appointed by journalists’ organisations, creative unions and some other
public organisations. The Council appoints Director General of Lithuanian
National Radio and Television and has a final say on the strategic aspects
of the development of the company.
The fourth pillar of Lithuania’s self-regulation
system is the Foundation to Support Press, Radio and Television.
The governing body of the Foundation is comprised of the members, nominated
by the organisations of journalists, publishers and creative unions.
According to the Law on the Provision of Information, the Foundation is
the only organisation responsible to distribute all subsidies allocated
to the press, radio, and television by the Government. The same law
states that subsidies from the state budget could be allocated only to
support cultural and educational projects.
Latvia
Latvian media laws contain no special provisions
as to formation and functioning of the bodies which would consider ethical
questions of mass media activities. In the print media sector, the
Code of Ethics, adopted by countries’ journalists several years ago, remains
more as the declaration of good intend.
In the broadcasting sector, the regulation of the
activities of all radio and TV stations in Latvia, public and private,
is within the competence of National Council of Radio and Television.
The Council consists of nine members who are appointed by the Saeima and,
because of the latter fact, according to the experts, can not be considered
as a self-regulatory body of the mass media sector.
Estonia
In Estonia, the organisation that would serve to
protect the independence of media and to develop good journalistic standards
and practices is Estonian Press Council, founded in 1991 by Estonian Newspapers
Association.
In 1992, in order to make the Council at least a
bit more influential, the member organisations of the Union of Newspapers
signed the “Contract.” The “Contract” remains the basic document
from which the influence of the Council arises. One can notice that
the Council has neither legal base in the laws nor legal power to fine
news organisations. That is why its role focused on developing good
journalistic standards, protecting the independence of media, and acting
as a public jury between an institution (media) and the public. The
Council has no code of ethics and follows the method of casuistry:
Each case is discussed and each case sets a number of rules to be applied
for the next similar cases.
The highest governing body of public radio and public
TV companies—Estonian Radio and Estonian Television—is the Council of Radio
and Television, consisting of nine members who are appointed by the Riigikogu.
Because of the procedure of the appointment of the members it could not
be considered as self-regulatory one.
10. Defamation
Lithuania
Article 21 of the Law on the Provision of Information
to the Public states that public information producer having announced
the information which knowingly does not correspond to fact that belittles
a person’s honour and dignity and not having denied this, shall compensate
according to the procedure established by laws for the moral damage inflicted
upon this person. A denial and an apology having been published according
to the procedure established by this Law shall provide the grounds for
the court to reduce the compensation for moral damage or to totally relieve
of it.
A media institution cannot be held liable for announcement
of news which does not correspond to fact if it has been furnished by state
power institutions, political parties, political and public and trade union
organisations, in official or publicly announced documents of natural or
legal persons, publicly voiced at open meetings, conferences, press conferences,
rallies, and other events, etc. (Article 22). This article
also indicates further cases of exemption from liability and states that
the liability shall rest with the one who was the first to disseminate
the incorrect news.
According to Paragraph 3 of Article 7 of the Civil
Code, the journalist must prove that the news conforms to reality.
The defendant at the court is the medium itself, not the journalist.
The author of publication takes part at the court hearings as a thirdsman
on defendant’s side.
Deliberate insult published in the press or in other
means of dissemination of information is also a subject for criminal persecution
according to the Penal Code.
On April 3 1998, for the first time in the history
of Lithuanian media, the publishers of the newspaper “Europa” were sentenced
for defamation and insults of their colleague that they have printed in
their newspaper. The court has inflicted the maximal penalty provided
by the laws—both defendants were sentenced to one year of imprisonment.
Latvia
Article 7 of the Law on Press and other Mass Media
prohibits publishing of information that belittles honour and dignity of
natural and legal persons and contains libel against them.
Publishing of such an information is a subject for
legal prosecution.
According to Article 12 of the same Law, the court
may also issue a ruling to stop the activities of a mass media institution
if the latter has published information which, by the ruling of court in
criminal case, was recognised as libel, insult, disclosure of state secret,
war propaganda, and infringement of racial and national equality.
Article 28 states that a person (natural as well
as legal) concerned may require indemnity for material damage as well as
moral injury resulting from dissemination of untruthful and defamatory
information by mass media. The latter is obliged to compensate for
the damage according to provisions of the laws.
Mass media institutions are not liable for dissemination
of untruthful news if the primary source of it has been official documents
of state institutions or reports of political or public organisations,
reports of the official news agencies or the publications of state officers
(Article 29).
Estonia
The legal base for the right of persons to defend
their honour and dignity and to demand compensation is provided by the
Constitution. Article 17 states that no one’s honour or good name
shall be defamed. Article 25 states that everyone has the right to
compensation for moral and material damage caused by the unlawful action
of any person.
Penalties for dissemination of untruthful and insulting
information are indicated in Article 129 of Penal Code.
11. Invasion of Privacy
Lithuania
Inviolability of a person’s private life is guaranteed by the Article 22 of the Constitution:
Latvia
Article 7 of the Law on Press and other Mass Media
prohibits intervention of mass media into the private life of the citizens
and indicates that such an intervention is legally punishable.
Publication of data on person’s health without a
consent of the person concerned is prohibited (Article 7 of the same Law).
Estonia
Article 26 of the Constitution states:
12. Right of Reply and/or Correction
Lithuania
According to the provisions of Article 20 of the Law on the Provision of Information to the Public, physical persons have a right to claim a denial of information published in mass media which does not conform to reality and has humiliated their honour and dignity. Legal persons may claim a denial of information that does not conform to reality. A justified denial must be published/broadcast without comment, in an adequate place of the nearest publication, television or radio broadcast. A later denial does not relieve the public information producer of liability and is not a premise to soften the penalty.
Latvia
Article 21 of the Law on Press and other Mass Media
provides for the right of physical and legal persons to claim a refutation
of information not conforming to the reality. The claim must be examined
within seven days since its delivery to the editor. If the mass media
institution is not able to prove that the disseminated information was
truthful, it is obliged to publish (broadcast) the refutation in the same
section of print media or radio/TV program where the disputed information
was previously published. In the case of refusal by mass media to
refute it, a person concerned has a right to petition to the court.
In the case of ruling favourable to the plaintiff, the refutation would
become obligatory under the court decision.
Latvian Law on Radio and Television contains a separate
provision on the right to reply (Article 37). A reply can be a statement
of the offended person (natural as well as legal) or his representative
in electronic mass media or reading of the text prepared by the offended
person. A broadcasting organisation may refuse to disseminate a reply,
if the person demanding it has no well-founded legal interest in such an
action, if a reply is inadequately long or contains a message that would
be an object of criminal persecution.
Estonia
Article 8 of the Law on Radio and Television provides
for a right to denial. A person whose rightful interests were infringed
by the announcement on radio or television has a right to appeal against
it. Radio or television station is obliged without an unfounded delay
to provide an opportunity to broadcast a denial in the same form and extent
at their own expenses.
The Law on Reply to Statements has also been adopted.
13. Insults to Government Institutions or Officials
Lithuania
Article 33 of Lithuanian Constitution states that
“Each citizen shall be guaranteed the right to criticise the work of State
institutions and their officers, and to appeal against their decisions.
It shall be prohibited to persecute people for criticism.”
Meanwhile, the Penal Code provides for punishment up to six months
of imprisonment or a fine for a public insult of State officer in connection
with the duties fulfilled by this person. There is also provision
in Administrative Transgressions Code for a warning or a fine for an insult
or defamation of the President through mass media.
Latvia
Amenability for insults to Government officials is regulated by the Chapter 14 of the Code of Administrative Transgressions and by Chapters 7-9 of the Penal Code.
Estonia
Amenability for insults, including those to Government
officials and institutions, is regulated by the Penal Code. Penalties
may be pecuniary or condemnation up to three months. Inflicting a
punishment for the persecution of a person for critique made by her or
him is also regulated by the Penal Code. Depending on the consequences
of the persecution to a person, a fine or detention may be inflicted.
The same Code separately provides for the protection
of candidates to the office of the President of the Republic, to the Riigikogu,
and to local government councils during elections. Damaging their
honour or dignity in any way is punishable by fine or detention up to 3
months.
14. Official Secrecy and Access to Government-Held Information
Lithuania
Protection of state secrets is regulated by the Law
on State Secrets and their Protection (adopted on October 25, 1995), according
to which the list of state secrets is prepared by the Government.
Article 6 of the Law on the Provision of Information
to the Public states that every person in Republic of Lithuania has a right
to see all the documents prepared by the state institutions except classified
information.
According to the Law on the Provision of Information
to the Public, the state officials refusing to provide information to a
journalist no later than next day must inform him in writing about the
motives of such a refusal. The problem often arises when a journalist
receives needed information only after delay although he needs it immediately.
The Law does not indicate how fast the official must provide the needed
information, but it contains the provision that a head of a state agency
who has refused to supply information (if the publishing of it is not restricted
by law) to a representative of mass media without indicating a reason may
be reprimanded or fined. Lithuanian journalists for some reasons
are not very much eager to use this legal norm and prefer to get information
using traditional techniques: eager to talk insiders, politicians
interested in leaking, and other methods of investigative journalism.
As of today, only one case has reached the court.
The case was about the Minister of Health refusing to supply journalist
with the information the latter needed. After the case reached the
court, the Minister agreed to provide the plaintiff with the information
he needed on the condition that the charges would be withdrawn.
Latvia
Protection of state secrets is regulated by the Law on
State Secret (adopted in 1996), which defines the kinds of information
to be classified, and also prohibits against classification of certain
kinds of information. The Cabinet of Ministers draws the list of
classified objects according to the provisions of this Law and also takes
into account the recommendations of Constitution Protection Bureau.
Article 5 of the Law on Press and other Mass Media
states that mass media has a right to obtain information from state and
public organisations. According to Article 6 of the same Law, officials
of state agencies and public organisations may refuse to supply information
only in cases provided for in Article 7 of the Law. That includes
classified information, protection of private life, dissemination of libel,
disclosure of commercial secrets, and certain limitations of publication
of court information.
The right to obtain information from state and public
organisations is also stated in Article 35 of the law on Radio and Television.
In order to restrain the possibility of voluntary
interpretation and application of the laws by state officials, the new
Law on Openness of Information has been proposed for consideration of Saeima.
Estonia
Law on State Secret (adopted on October 22, 1997)
contains the provisions as to what kind of information is to be classified
and in which cases the classifying of information is prohibited.
Article 2 of the Law states that information for inside use in state institutions
and local administrations is not a state secret.
The right to classify information belongs to the
President of the Republic, the members of government, commander-in-chief
of defence force and authorised officials of state institutions.
Implementation of the provisions of this law is
supervised by the Commission of Protection of the State Secret that is
formed by the government. The Commission can also require that state
institution declassify certain information, if it has been found that the
decision to classify it contradicts the Law on State Secret.
15. Access to and Disclosure of Court Documents and Proceedings
Lithuania
There are no special regulations as to obtaining of court documents and access to court proceedings. The journalists have a right to participate in public hearings on equal rights with others. They may film, take photos, or make recordings only with the consent of the judge presiding the court hearing. The judge has a right to determine the time and duration of using technical registration means by the journalists.
Latvia
According to Article 7 of the Law on Press and other
Mass Media, publication of materials of preliminary investigation without
a written consent of the public prosecutor or investigator and publication
of materials that infringe the presumption of innocence is not allowed.
Journalists can take part in the public court hearings and to use technical
means of registration, if this does not pose obstacles to the court proceedings.
Estonia
Access to and disclosure of court documents and
proceedings is regulated by the Law on Courts (adopted in 1991).
The major part of court sessions are public. The access to the archives
of the courts is regulated by the Ministry of Justice.
16. Access to and Disclosure of Legislative Documents and Proceedings
Lithuania
Provision of information to journalists is regulated by the Statute of Seimas. The protocols of sittings are public, except in cases of closed sittings. The protocols of meetings of parliamentary committees and commissions are considered inside documents, and the others can only use them with the consent of the chairman of a committee or commission. Journalists are not allowed to enter the main floor of the Parliament. They can observe the sessions from the gallery.
Latvia
Article 22 of the Constitution states that sittings of Saeima are public, but the Saeima by a two-thirds majority vote can declare a sitting to be a closed one. Article 26 of Part IV of the Law on Press and other Mass Media provides for the right of journalists to attend the public sittings and obtain reports, protocols and other documents.
Estonia
Article 37 of the Law on Regulations of Riigikogu states that journalists can attend public sittings of parliament and the reports of them are not secret, with an exception of closed sitting of Riigikogu.
17. Commercial Secrecy and Access to Information held by Private Parties
Lithuania
The commercial secret is defined by the owner of the subject of commercial activity by drawing a list of such information. The laws of Lithuanian Republic indicate what kind of information must be made accessible for public or for the controlling institutions. Generally, there is no legal provisions obliging private enterprises to provide information to journalists.
Latvia
Article 7 of the Law on Press and other Mass Media prohibits publishing of commercial and patent secrets without consent of their owner. Obtaining of information from private enterprises by journalists is not specially regulated.
Estonia
The Commercial Code requires members of the council and/or the board of enterprise to guard commercial secrets and contains no provisions as to supplying information to journalists.
18. Prior Restraints
Lithuania
Censorship is prohibited by Article 44 of the Constitution and by Article 3 Paragraph 5 of The Law on the Provision of Information to the Public.
Latvia
Censorship is prohibited by Article 1 of the Law on Press and other Mass Media.
Estonia
Censorship is prohibited by Article 45 of the Constitution.
19. Protection of Sources
Lithuania
Article 7 of the Law on the Provision of Information
to the Public states that producer of public information and its owner
or journalist shall not have to reveal the source of information and shall
have no right without the consent of the individual who submitted this
information to reveal his surname, name and other data. Having violated
this provision, the public information producer, its owner, or journalist
shall be liable according to laws, with the exception of cases when the
submitted information was incorrect.
At the same time, this Law and regulations of Civil, Penal and
Administrative codes provide for disclosure of such information to court
bodies if it would help elucidate transgressions and crimes.
Latvia
Article 22 of the Law on Press and other Mass Media provides that media may choose not to indicate a source of information. If a person who has provided information requires that his name be not published in the media, this requirement is obligatory to the latter. The source of information can be indicated only on request of court or public prosecutor. Article 27 of the Law also states that disclosure of the source of information is a subject for legal penalties.
Estonia
Article 7 of the Law on Radio and Television states that radio or TV station cannot publish the data of a person who has provided information if that person does not want it. Radio or TV station is also not obliged to divulge information that it has obtained during its activities. In order to establish the truth a radio or TV station is in both cases obliged to provide this kind of information to the court.
20. Restrictions on Offensive Language against Identifiable Groups
The Constitutions and the media Laws of all three countries generally prohibit to incite war, national, racial, and religious enmity and to insult people on racial, social, religious, national, or other basis. There are no special provisions as to restrictions of utterances with respect to separate groups of society.
21. Blasphemy, Obscenity and Protection of Public Morals
Lithuania
The Law on the Provision of Information to the Public
prohibits the dissemination of pornographic materials. Dissemination
of publications of erotic and violent nature is restricted by the decree
of the Government. If need arises, the Ethics Commission of Journalists
and Publishers considers the medium in question and decides whether it
is pornographic or just erotic or propagating violence. In the case
media is recognised as propagating erotic or violence it looses its privilege
to be exempt of VAT and faces some restrictions on the side of distribution
(sales are forbidden close to the schools, churches etc.).
Self-regulation also contributes in limiting obscene
or violent programs. According to the decision of Broadcasters Association,
broadcasters have introduced the system of informing parents about the
nature of the program before the program is transmitted.
Latvia
According to Article 17, Paragraph 3 of the Law on Radio and Television, pornography and the programs with an excessively violent content may not be disseminated. Article 4, Paragraph 1 of the Law on Religious Organisations prohibits insult of feelings or instigation of dissension on religious basis.
Estonia
There is a special Law on Regulation of Dissemination of the Works Having Pornographic Content and the Works Propagating Violence or Cruelty. It prohibits the broadcasting of the programs containing pornography or propagating violence or cruelty. The right to decide whether a certain work is pornographic or propagates violence or cruelty belongs to the Commission of experts. The work of the commission is organised and financing provided by the Ministry of Culture.
22. Restrictions on Advertising
All three countries before entering negotiations with EU have to harmonise their mass media regulation with Convention Television Without Borders requirements. This will actually mean imposing stricter limits on amount and the manner advertising is being displayed on TV. Stricter measures on advertising tobacco products should be introduced. Advertising in children programs would have to be prohibited.
Lithuania
There is still no Law on Advertising in Lithuania,
although there are talks of the necessity of such a law. Restrictions
of advertising of alcohol, tobacco and medicine are provided for in the
Law on the Control of Alcohol, the Law on the Control of Tobacco, and the
Law on the Protection of the Health. There are restrictions on advertising
time on Lithuanian National Radio and Television. It is allowed to
advertise no more then 5 minutes per hour. It is to be gradually
shortened as the public radio and TV should gradually become financed by
subscribers’ fees.
Direct and indirect advertising of tobacco products
in mass media is prohibited by the Law on the Control of Tobacco.
The law is not working, because government didn’t present for the industry
the rules of its implementation.
Advertising of alcoholic beverages is restricted
by the Law on the Control of Alcohol.
Advertising of alcohol is prohibited on the cover
pages of newspapers and magazines and totally in the publications, radio
and TV programs for children and youth.
For advertising of alcoholic beverages stronger
than 15% on radio and TV stations, time limits are set by Article 30 of
the Law on the Control of Alcohol. They may not be advertised from
3-10 p.m. (from 8 a.m. to 10 p.m. during weekends and school holidays)
on the National Radio and Television. For other radio and TV stations,
this restriction is two hours shorter—from 3 to 8 p.m. (from 8 a.m.
to 8 p.m. during weekends and school holidays).
Latvia
Articles 21-25 of the Law on Radio and Television
contain provisions of the contents, broadcasting, and restrictions of advertising.
Hidden advertising and also advertising which may affect the human subconscious
is prohibited. Taking part in advertising activities is prohibited
for persons who are presenting the news on electronic mass media.
Advertising of tobacco products and smoking is prohibited, but advertising
of beer and wine is allowed.
Advertising of alcoholic beverages, according to
Article 21, cannot be addressed to the under-aged or to claim that alcohol
consumption has therapeutic qualities, helps solve personal conflicts,
or enhances physical performance.
Article 22 of the Law on Radio and Television requires
that advertising should be clearly defined and easily recognisable as such.
There are also detailed restrictions of the total amount and distribution
of advertising time on radio and TV stations (advertising time shall not
exceed 15% of air time on a daily basis and 12 minutes per hour in commercial
broadcasting and 6 minutes in programs financed by the public money—so-called
national subscription programs).
Generally, advertising must conform to the provisions
of the Law on the Protection of Consumers’ Rights.
Estonia
The Law on Advertising contains detailed provisions
as to requirements for advertising and restrictions of it. The law
prohibits advertising of tobacco products, narcotics, firearms, explosives,
prostitution, etc.
There is a prohibition of hidden advertising.
The law contains detailed provisions as to advertising of medicines.
In the Article 11 of the Law, two groups of alcoholic
beverages are defined—light beverages (from 3 to 22% of alcohol content)
and strong ones (containing more than 22% of alcohol), but the differences
in restrictions of advertising of these two groups in mass media are not
substantial.
Advertising of alcohol is prohibited on the first
and last pages of newspapers and on the covers of magazines and in the
publications for children and youth.
There are time restrictions for advertising of alcoholic
beverages on radio and television. The advertising of light beverages
is banned from 7 a.m. to 8 p.m. The ban for strong beverages is one
hour longer—from 7 a.m. to 9 p.m.
Article 17 of the Law on Radio and television generally
restricts advertising time on electronic mass media by 20% of airtime on
daily basis. Advertising time on TV program may not exceed 15% of
a day’s programming and 12 minutes per hour.