LAW Nr. 8410 dated September 30, 1998
On Public and Private Radio
and Television in the Republic of Albania
In reliance on article 16 of law nr. 7491 dated April 29, 1991 “On the
major constitutional provisions,” THE PEOPLE’S ASSEMBLY OF THE REPUBLIC
OF ALBANIA DECIDED
CHAPTER I. GENERAL PROVISIONS
Article 1. Object
This law regulates
the activity of public and private radio and television in the territory
of the Republic of Albania.
Article 2. Radio-Television Activity
Radio-television activity
includes the production, transmission and re-transmission of programs and
information of every kind by means of voice, picture, encoded signals,
[or] writing, destined for the public through electromagnetic waves, cable,
repeaters, satellites or any other means.
Article 3. Legal Basis of Radio-Television Activity
Radio-television
activity is conducted in accordance with the international acts ratified
by the Republic of Albania; with law nr. 7491 dated April 29, 1991 “On
the major constitutional provisions;” with law nr. 8288 dated February
18, 1998 “On the regulatory entity of telecommunications;” with law nr.
7564 dated May 19, 1992 “On copyright,” amended by law nr. 7923 dated April
19, 1995, as well as other legal provisions which are in force in the Republic
of Albania. In order to conduct a private radio-television activity,
every natural or juridical subject is furnished with a license.
Article 4. Fundamental Principles of Conducting Radio-television
Activity
Radio-television activity
is free.
Radio-television activity
respects impartially the right to information, political convictions and
religious beliefs, the personality, dignity and private life of the individual,
as well as his fundamental rights and freedoms. In this activity,
the rights, interests and moral and legal requirements for the protection
of minors are respected in a special manner.
Radio-television activity
is not permitted to infringe on the constitutional order, sovereignty and
national integrity.
Article 5. Editorial independence is guaranteed by law
The employment, promotion
and the rights and duties of employees of public and private radio and
television stations are not specified by sex, origin, political views,
religious belief or union membership.
CHAPTER II. NATIONAL COUNCIL OF RADIO
AND TELEVISION
Article 6. National Council of Radio and Television
For the regulation
and supervision of radio-television activity in the Republic of Albania,
the National Council of Radio and Television (NCRT), which is an independent
organism that operates on the basis of and for implementation of the provisions
of this law, is created.
Article 7. Competencies
The National Council
of Radio and Television has these competencies:
1. It supervises
the implementation of this law and other laws on media by subjects that
exercise public and private radio-television activity in the territory
of the Republic of Albania.
2. It monitors
the informational programs transmitted by national radio-television operators.
When it considers it to be reasonable, NCRT also monitors informational
programs transmitted by local radio-television operators.
3. The National
Council of Radio and Television asks the Regulatory Entity of Telecommunications
(RET) to specify frequencies for local and national radio-television activity.
RET is obligated to
respond in writing to the request of the National Council of Radio and
Television within 30 days and to put at its disposition frequencies for
radio-television activity.
NCRT gives a license
for radio-television transmission based on the frequencies approved by
RET.
4. It guarantees
honest competition in the field of electronic media, at the same time assuring
the further development of public Albanian Radio and Television.
5. It gives
licenses to, and takes them away from, private subjects for the transmission
of radio-television programs, including teletext, in the territory of the
Republic of Albania, and checks that the conditions specified in the license
are respected. The review of license applications is done in a public
manner. Its decisions for granting and taking away licenses are published
in the Official Journal.
6. It draws
up rules with the criteria for the grant of licenses in accordance with
this law. It organizes the granting of them and guarantees equal
treatment of the applications. It makes known the reasons for refusal,
suspension or taking away of a license and investigates the complaint of
a subject who claims that he has been injured, which in any case may be
appealed to the court.
7. It gives
and takes away licenses for the installation of radio-television repeaters
of foreign programs for various zones of the country.
8. It gives
and takes away licenses for the re-transmission of foreign radio and television
in the territory of the Republic of Albania for the public in Albania.
9. It gives
authorizations to public and private Albanian operators for transmissions
from Albania toward other countries (for third persons), respecting international
conventions.
10. It sets
norms for production and transmission for public and private electronic
media connected with various aspects of the implementation of this law.
11. It decides
to impose the sanctions specified in this law for subjects who operate
in contravention of these provisions, and also, as the case may be, requests
the intervention of other organs according to their competency.
12. It maintains
registers, lists and an archive of licenses as well as the documentation
that is connected with them, reflecting all later changes.
13. It requests
from the state administration, courts, banks and other respective organisms,
as well as from the heads of licensed subjects, information that it considers
necessary to check the truthfulness of the data presented by the applicant
for a license before it is granted or at any time thereafter. These
data are used only for the implementation of the duties charged by this
law. Their dissemination and publication is not permitted.
14. It gives
opinions about the future perspectives of radio-television activity.
15. It officially
expresses its proposals about the signing and correct implementation of
international agreements that have to do with radio-television transmissions.
16. It takes
part in international activities in connection with the strategy and future
perspectives of the development of radio and television, representing Albania,
and supports the participation and collaboration of public and private
subjects with counterpart European and world organizations in the field
of radio-television programs and transmissions. It prepares studies
with recommendations for the position of Albania in official international
talks about radio-television transmissions.
17. It suggests
changes to legislation and regulations that are dictated by technological,
economic, social and cultural evolution in the field of the electronic
means of mass communication.
18. It draws
up the organizational structure and internal regulations of the administration
of NCRT.
19. It reports
at the beginning of each year on its annual activity and the manner in
which the obligations that come from this law were respected by the public
and private network. It presents the report before the parliamentary
standing Committee on the Means of Public Information and before the People’s
Assembly in plenary session.
If for two years in a row the People’s Assembly does not approve
the annual report about the activity of NCRT by 2/3 of the votes, then
it is dissolved. NCRT is re-elected according to the procedures specified
in this law, not later than 30 days after the dissolution of its predecessor.
20. In collaboration
with RET, it checks the quality of reception of signals in the licensed
zones and seeks a resolution of the complaints of the public about the
quality of transmission of radio-television signals.
21. It issues
decisions in implementation of this law.
Article 8. Composition
The National Council
of Radio and Television consists of the chairman, the vice-chairman and
five members, who are personalities of social, cultural, juridical, economic,
and educational life, and that of the mass media and radio-television technology.
NCRT operates in an independent manner in compliance with this law.
The budget of the
National Council of Radio and Television is covered by the state to such
an extent as to permit its normal functioning. The chairman and vice-chairman
of NCRT are paid the same as a minister and vice minister. The chairman
and vice-chairman, after their election, are employed within NCRT.
The compensation for members of this Council is set by the People’s Assembly.
Article 9. Election
The members of the
National Council of Radio and Television are elected by the People’s Assembly
for a five year period, not more than two times consecutively. The
President of the Republic proposes the candidacy of one member to the People’s
Assembly, while the other six candidacies are proposed by the parliamentary
standing committee on the Means of Public Information in equal representation
between the parliamentary majority and the opposition.
The Chairman of the
National Council of Radio and Television is elected by the People’s Assembly
from among its 7 members on the basis of two candidacies proposed by secret
vote of NCRT.
The vice-chairman
of the National Council of Radio and Television is elected by NCRT by secret
vote from between two candidacies.
The chairman and vice-chairman
of the first mandate of NCRT are elected for a six year period, in a manner
to secure the best continuity of the functioning of NCRT during the change
of the members of future mandates every five years.
Article 10. Organization
The administration
of the National Council of Radio and Television operates within it and
realizes all necessary preparatory and administrative activity in the service
of the Council.
The structure, personnel,
organization of activity, competencies and criteria of employment and compensation
are specified by NCRT, supported by the legislation in effect. The
pay of the administration of NCRT is approved by the Council of Ministers.
Article 11. Financing of NCRT
The sources of financing
of NCRT are:
— revenues from payments
for the grant of licenses;
— revenues from annual
fees for the licensing of radio-television transmissions set in the fiscal
laws;
— 5 per cent of the
annual revenues of licensed radio-television subjects;
— an initial fund
accorded for the beginning of activity by the Council of Ministers after
the designation of the members of NCRT. This initial fund may also
be covered by the reserve fund of the Council of Ministers;
— financing from the
state budget;
— donations.
Article 12.
NCRT keeps an account
of its revenues and expenses in compliance with the Albanian legislation
on accounting.
Article 13.
NCRT may also benefit
from material or financial donations. The donations shall be without
conditions and shall be used for work needs according to the evaluation
of NCRT. Donations shall be declared and noted in a register that
the administration of NCRT maintains especially for this purpose.
At the end of the year, NCRT is obligated to send a copy of the register,
entries and withdrawals, to High State Control and another copy to the
parliamentary standing Committee on the Means of Public Information.
The register shall include the type of assistance, the amount, the time,
the subject that gives the donation and the manner of delivery of the donation.
The register shall also contain the identity and signature of the donor.
Article 14. Incompatibilities
The members of the
National Council of Radio and Television are not permitted:
1. To be members
of parties and political associations, to be deputies or members of the
government or to declare themselves publicly or to work in their interests.
2. To be members
of joint stock companies that are connected with the mass media or that
represent commercial interests that are in conflict with their function.
3. To be connected
with financial interests that have to do with transmissions on radio and
television through ownership or employment or commercial relations;
4. To protect
the interests of a company or firm of audiovisual products, press publications,
advertisements or telecommunications. The obligations provided in
paragraphs 3 and 4 shall continue to be in force for one year after the
end of the mandate of the members of NCRT.
Employees of the administration
of the National Council of Radio and Television are not permitted to be
members of the administration boards of public and private transmission
networks, to be licensed for radio-television transmissions, to protect
the interests of a subject who has received a radio-television license
or to exercise functions in his service.
Article 15. Release from Duty
1. The chairman,
vice chairman and each member of the NCRT is released from duty by the
organ that elected them when:
— he is punished by
a court with a final decision for the commission of a crime;
— he becomes unable
to perform his duty because of illness;
— he is absent from
more than 1/3 of the meetings of the Council in a year;
— it is verified that
he does not fulfill the obligations of article 14.
2. The chairman,
vice chairman and each member NCRT may resign in writing at any time.
3. In any case
of release, a replacement is elected following the procedure provided for
the election and for a time equal with the time that remains for the predecessor
whom he replaced.
Article 16. Obligation to Keep Secrets
Members of the National
Council of Radio and Television and administrative employees of NCRT are
obliged to maintain professional secrecy about the facts, information,
and official documents of which they have become aware because of the duty
that they perform. For violations in this connection, they bear responsibility
according to legal provisions.
Article 17. Quorum
Meetings of the National
Council of Radio and Television may be held only when no less than four
members are present, and decisions are valid when taken by a relative majority
of the votes of those who are present.
CHAPTER III. COMPLAINT COUNCIL
Article 18.
1. The Complaint
Council for Radio and Television is an advisory organism within the National
Council of Radio and Television.
The Complaint Council
is named by the National Council of Radio and Television.
This Council consists
of the chairman and two members, specialists in the field of media, who
are named for a three year period, with the right of re-nomination not
more than once.
2. The object
of the work of the Complaint Council is the sensitization of public opinion
to hold public and private radio-television entities responsible to realize
moral and ethical norms in their programs.
3. The Complaint
Council oversees, in particular, public and private radio-television programs
that have to do with presentations of the misuse of force, sex and dignity.
For this purpose, the Council has the right to ask for and to receive for
study all audiovisual material that it considers necessary for the object
of its work, but only after it has been transmitted.
4. Complaints
about public and private radio-television programs that disturb public
opinion are investigated by the Complaint Council within two months from
the date of transmission.
5. The Complaint
Council organizes public polls for ethical and moral problems of public
and private radio-television programs. It makes known the conclusions
that it draws from the polls and from the complaints of the public to the
National Council of Radio and Television and to all public electronic mass
media, which are obligated to publish these conclusions. In addition,
every six months it publishes these conclusions in a special bulletin.
6. The compensation
of the members of the Complaint Council is specified and covered by NCRT.
CHAPTER IV. LICENSING
Article 19. The License
A license for radio-television
transmission is valid as permission for the installation of the technical
equipment and gives a private subject the right for transmission.
It shall meet the requirements of article 23 of this law and contain the
rights and obligations of the subject who seeks to be licensed and shall
specify the technical programming conditions that are to be fulfilled for
realizing transmission.
The license authorizes
the exploitation of transmission networks with a national or local extent
and specifies the work frequencies, the power, the location of installation,
the zone of coverage as well as other elements specified in this law, in
law nr. 8288 dated February 18, 1998 “On the Regulatory Entity of Tele-communications,”
as well as the agreements drawn up for this purpose between NCRT and RET.
Article 20. General Provisions for Licensing
Licenses are of two
kinds: national and local.
Licenses for radio-television
transmission on the national scale are given to joint stock companies founded
[and] with headquarters in the territory of the Republic of Albania with
the exclusive aim of radio-television activity. The shares representing
capital in a company holding a radio-television license shall be nominative.
No natural or juridical
person, Albanian or foreign, shall have more than 40 per cent of the total
capital of the company. Ordinary and special meetings of the assembly
of the joint stock company with the sole object of radio-television activity
are valid when no less than 2/3 of the shareholders take part in them.
A natural or juridical
person who has shares in a national radio-television company may not have,
directly or indirectly, shares in a second national radio-television company.
Licenses for local
radio-television transmission are given to natural and juridical persons
and not-for-profit organizations. A license for more than two zones
of local transmission is not given to the same subject. A license
for local transmission in urban zones with more than 200,000 residents
is not given to natural persons.
The holder of a license
for national radio-television transmission shall realize coverage of over
70 per cent of the territory of the country. Within six years this
coverage shall reach 90 per cent of the territory.
The holder of a license
for local radio-television transmission shall realize coverage of the zone
of the given district according to the technical parameters specified by
RET for each district.
Borrowing a name in
any manner is forbidden to any natural or juridical subject, Albanian or
foreign, that is a candidate to receive a license for radio-television
activity.
Article 21. Procedure for Grant of a License
A license is given
by the National Council of Radio and Television, which for this purpose
organizes a competition of candidacies for the applications that have been
deposited. The candidacies that win are announced publicly.
Public Albanian radio-television
does not need a license.
Article 22. Validity of the License
A license for transmission
is inalienable and is valid only for the subject to whom it was given.
If the holder of a license enters into juridical civil relations, the object
of which is licensed radio-television activity, then for the transfer or
passage of the rights that stem from the license, the approval of the National
Council of Radio and Television is required. The approval is given
in the form of a new license, with the same content, to the subject who
has gained these rights. When the Council does not approve the transfer
for reasons provided in this law, it offers the frequencies pertaining
to this license for a new competencies of candidacies.
Article 23. Application for a License
An application for
the grant of a license for radio-television transmission contains:
1. The name,
location, legal form of the subject who is making the application together
with the name and signature of the person who has the right to represent
it.
2. Documents
that verify the official and banking data about the financial capital of
the natural or juridical person who is making the application.
3. The name
of the program and the transmission station.
4. The object
and general characteristics of service, data about the time span of the
programs and the territory which they will cover, as well as the technical
proposal for installation and use of the equipment.
5. The contract
entered into with the “Authors’ society” for implementation of law nr.
7564 dated May 19, 1992 “On copyright,” amended by law nr. 7923 dated April
19, 1995.
6. A list of
the administrators, projections of expenses and revenues, the origin and
amount of the financing contemplated for the time span for which the license
is sought.
7. A list of
the names of members of the Board of Directors and their curricula vitae.
The minimum number of members of the Board for each licensed subject is
specified in the regulations of NCRT.
8. The content
of the programs that will be transmitted and the proposed programming structure
for transmission, which express clearly in their entirety pluralism and
impartiality of information.
9. The ratio
of the transmission time that self-produced programs and those produced
in the country will occupy in proportion to other programs.
Article 24. Decision on the Grant of a License
A decision for the
grant or denial of licenses is given within 90 days after the time the
applications are delivered.
For an application
that is approved, the content and amount of programs in compliance with
the law, the technical conditions of transmission, the term and annual
tariffs set for the licensee are indicated in the decision.
The decision for the
grant of a license is published in the Official Journal in its next issue.
The licensee is registered
with the tax organs.
Article 25. Term of the License
A license for national
radio-television activity is given for a time up to six years for transmissions
on radio and eight years on television, beginning with the day of publication
of the decision to grant the license in the Official Journal.
A license for local
(zonal) radio-television activity is given for a time up to three years
for radio transmissions and five years for televised transmissions.
An application for
renewal of a license is made 90 days before the end of its term.
The National Council of Radio and Television decides on renewal or for
the announcement of a competition of new candidacies, if the operator of
the license has not been correct in his implementation of this law.
Article 26. Denial of a License
A license is not given:
1. To persons
who by final court decision have been deprived of the capacity to act.
2. To political
parties and organizations, religious communities and societies, the authorities
of local power, as well as every other state authority.
3. To public
entities with an economic character, banks and other credit institutions.
Article 27. License for Radio and Television
The same subject may
not be given a license for local radio and television transmission in the
same territory.
Article 28. Financial Conditions for the Grant of a License
NCRT verifies whether
the financial capital declared and subscribed is responsive to the technical
and programming proposal set out in the license application.
Article 29. Condition for the Content of Programs
For the grant of a
license of local extent, at least 15 per cent of the weekly programs shall
contain information and programs connected with local reality, but which
do not have a commercial character.
Article 30. Obligation to Notify of Changes
The licensee is obligated
to notify the National Council of Radio and Television of every change
in the data that it has presented in the application for receipt of a license
or the non-fulfillment of the conditions set in the license, also giving
the respective reasons, on a preliminary basis and in any case no later
than 15 days after these changes are made. If the changes are taken
into account, the respective expenses are paid to the interested party.
Article 31. Required Change in the License Conditions
The National Council
of Radio and Television also changes the conditions mentioned in the license
without the consent of its holder, in those cases when these changes are
dictated by respect for international agreements that the Republic of Albania
has signed, giving due time for implementation of the changes, if this
is possible. In these cases, NCRT pays the expenses.
Article 32. Beginning Transmission
Transmission on the
basis of the license granted begins only after a technical inspection of
the project and equipment by the National Council of Radio and Television,
which confirms officially in writing the compliance of the conditions of
the license with those realized in fact.
Article 33. Invalidity of a License
A license becomes invalid
when:
1. The term
of validity ends and it is not renewed.
2. The licensee
gives it up in writing.
3. The National
Council of Radio and Television has issued a decision to take the license
away on the basis of the competencies given to it by this law.
4. Bankruptcy
is declared.
5. The applicant
does not take the license or does not realize the financial obligations
provided by law after 90 days from the moment when he receives official
knowledge of its approval.
Article 34. Taking Away a License
The National Council
of Radio and Television has the right to take away a transmission license
when:
1. It was gained
by false data presented in the application.
2. The conditions
under which the license was granted are not fulfilled.
3. The obligations
set in this law and other legal obligations connected with the transmission
of programs are seriously infringed, according to article 137 of this law.
4. Transmission
has not begun after the entry into force of the decision granting a license
for a period of time:
| (a) |
— 180 days in the case of local radio transmissions; |
|
— 270 days in the case of local television transmissions. |
| (b) |
— one year in the case of national radio transmissions; |
|
— one and a half years in the case of national television transmissions. |
5. After the
beginning of transmission, during one calendar year, there are no transmissions
for 30 days, without counting interruptions for technical reasons that
do not depend on the holder of the license.
6. Changes have
occurred with the holder of a license that make the respect of the conditions
established in the license impossible.
7. The property
of the holder of the license has been put up for auction.
When a transmission
license is taken away, its holder is obligated to return it without seeking
indemnification from the National Council of Radio and Television.
CHAPTER V. RADIO-TELEVISION PROGRAMS
Article 35. Radio-television Programming
Radio-television programming
is considered the entirety of broadcasts transmitted by a specific station.
Public radio and television transmit broadcasts of an informative, educational,
cultural, artistic and entertaining character.
Censorship is not
permitted in radio-television programs.
Radio-television programs respect the limitations provided by
law, those of article 10 of the European Convention “On the protection
of fundamental human rights and freedoms” and the chapter “On the fundamental
human rights and freedoms” of the major constitutional provisions of the
Republic of Albania.
Article 36.
Public and private
radio-television programs respect personal dignity and the fundamental
human rights, impartiality, completeness and pluralism of information,
the rights of children and adolescents, public order and national security,
Albanian language and culture, the humane constitutional rights of citizens
and national minorities in compliance with international
conventions signed by the Republic of Albania, and Albanian religious
diversity.
Article 37.
The use of the Albanian
language is obligatory for all programs, except musical works with a text
in foreign languages, broadcasts for teaching foreign languages, broadcasts
directed specifically at national minorities and programs of local radio-television
subjects licensed for transmission in the language of minorities.
Films in their original
version on national channels shall be transmitted accompanied by subtitles
and dubbing into the Albanian language. For local radio and television,
this obligation begins to be implemented one year after licensing.
Public and private
radio and television reflect in their activity a linguistic culture in
harmony with the established norm of the national literary language.
Radio-television subjects
who are otherwise licensed are excluded from this obligation.
Article 38. Programs Prohibited by Law
Programs that incite
violence, national, racial and religious hatred, anti-constitutional actions,
territorial separation, political or religious discrimination are not permitted
to be given on radio and television.
Nor are the following
permitted:
1. The transmission
of information that constitutes a state secret by law and that causes harm
to national security.
2. The transmission
of information that infringes the private life of citizens.
3. The transmission
of coded messages against the fundamental interests of the state.
4. The production
and transmission of pornographic programs.
Article 39. Information Transmitted without Compensation
The National Council
of Radio and Television specifies by regulations messages for the social
good or in the high interest for the public at large, which the public
and private radio-television networks are obligated to transmit without
compensation.
The organs of local
power and state administration have the right to request licensees for
local private radio-television transmissions to transmit without compensation
short communications that present special interest for the public of the
zones where they are transmitted and which have to do with health, natural
disasters, order.
Transmitters do not
have responsibility for the content of these messages.
Article 40. Time Span of Transmission for Private Programs
Transmissions of programs
on private local radio or television must have this duration:
1. For radio
transmissions, not less than 6 hours a day.
2. For television
transmissions, not less than 4 hours a day.
Transmissions of programs
on private radio or television on the national scale must have this duration:
1. For radio
transmissions, not less than 10 hours a day.
2. For television
transmissions, not less than 6 hours a day.
Transmissions that
are simply repeaters or those which are of static designs are not considered
programs.
Article 41. News Transmissions
Public and private
radio and television on the national scale are obligated to transmit news
every day. News and information transmitted by radio-television operators
in informational editions shall present facts and events in a correct and
impartial manner, shall encourage the free formation of opinions and shall
not serve in a one-sided manner the interests of a party or political organization,
economic grouping and religious community or association.
Article 42. Recordation and Archiving of News Z
News given on radio
and television (public and private, national and local) shall be recorded
and kept for a two month period after the day of transmission.
For every other program
recorded, the provisions of law nr. 7726 dated June 29, 1993 “On the national
archival fund and for the archives,” are applicable.
Article 43. Transmission of Films
Cinematographic works
(except in the case of agreements between the transmitter and the copyright
holder) may be transmitted on television only two years after the first
presentation of the work in movie theaters of the country of origin.
For works produced in cooperation with television companies, this term
is reduced to one year, when not otherwise decided by agreement.
Films and programs
that are prohibited to be shown in movie theaters may not be shown on television.
Films prohibited for
children under the age of 14 may not be shown on television even in part
from 6 AM to 2 AM. In the transmission of films, the requirements
of law nr. 8096 dated April 29, 1996 “On cinematography,” as well as law
nr. 7564 dated May 19, 1992 “On copyright,” amended by law nr. 7923 dated
April 19, 1995, are applicable.
Article 44. Secrecy of Information Sources
The secrecy of information
sources (also including materials gathered by journalists) is guaranteed.
Revealing them is done only in special cases provided by law.
Article 45. Responsibility for a Program Transmitted
The journalist and
responsible editor of material transmitted on public or private radio or
television have criminal or civil responsibility as the case may be, when
material or moral damage is caused to private or juridical persons from
the inaccuracy of the information or the program transmitted.
Article 46. Informational Summary in the Press
An informational summary
of the daily and periodic press may be given on radio-television programs
only with the permission of the publishers of each press organ.
Article 47. The Right of Refutation
A subject affected
in his moral or material interests by untrue transmissions has the right
to request a public or private radio-television subject to give him, respectively
on radio or television, the right of refutation.
The reply is transmitted
without payment in the next edition of the same program or the same category
of programs.
The reply shall be
signed by the interested party or his legal representative and shall be
limited only to the facts as to which he considers himself affected.
A subject who seeks
the right of refutation demonstrates that the information transmitted about
him is false and a lawful interest has been damaged.
The right of reply
is not given when the facts as to which the subject considers himself affected
have come out during sessions of the People’s Assembly or during court
trials.
Refutation is refused
to be given on radio or television when:
1. the interested
subject does not have a legitimate interest in its publication;
2. the reply
is much longer than the qualifying declaration for which the reply is sought
to be given;
3. the request
for the reply was not made within two months from the day that the declaration
objected to was given.
Refusal of refutation
for the above reasons is given in writing.
For not respecting
the right of refutation, the person responsible for the broadcast is punished
according to the sanctions provided in this law.
A refusal of refutation
by radio-television subjects becomes the object of an appeal to NCRT.
The two parties may appeal the decisions of the NCRT in court.
Article 48. Annual Balance Sheets and their Content
Public and private
radio-television operators are obligated to draw up their annual balance
sheets, which they deposit with NCRT, in accordance with the legislation
on accounting. Data are reflected in them, separately, about the
programs transmitted, their prices when they were purchased, or the amount
spent when they are original programs, about advertising transmitted or
other activity and the respective revenue, sponsorships, as well as lists
of financiers or donors with the respective amount and every other compensation
in favor of the public or private radio-television subject.
CHAPTER VI. ADVERTISING
Article 49.
An advertisement is
any message that aims at encouraging the sale of a good or the performance
of a service, presenting an idea to achieve the effects desired by the
advertiser to whom transmission time has been given with payment or another
form of compensation.
Article 50. Conditions for an Advertisement
Radio-television transmitters
are obligated to assure that advertisements:
1. shall be
in Albanian or with Albanian subtitles;
2. shall be
honest and shall not be made by damaging others;
3. shall not
be fraudulent and shall not prejudice the interests of consumers;
4. shall not
be made by regular news announcers or presenters of programs on a public
transmitter.
Subliminal advertisements
(which operate on the subconscious of the viewer and because of the speed
of transmission are not perceived by human senses) are not permitted.
Article 51. Form of Presentation of Advertisements
Advertisements are
transmitted between and within various programs, as well as in special
programs (advertising-programs). Transmission of advertisements on
radio are distinguished clearly from other parts of the program with the
assistance of acoustic means, while on television with the assistance of
optical and acoustic means. In principle, they are transmitted in
blocs. The transmission of advertising-programs is permitted if the
advertising character of the program is expressed clearly and the advertisement
is a fundamental part of it.
An advertising-program
is presented as such at the beginning of the broadcast and is accompanied
at the end with the notation “advertising-program.”
Article 52. Interposition of Advertisements
Advertisements may
be inserted between programs and also, in the cases described below, within
programs, but without damaging their integrity and value.
In programs that consist
of independent parts or in cultural-sport programs and other similar events
that contain intervals, advertisements are inserted only between the parts
or in the intervals. In other programs, each interruption for an
advertisement shall not be done until at least 20 minutes have passed from
the last interruption.
The transmission of
films (excluding documentaries), when they last longer than 45 minutes,
may be interrupted once in each full 45 minute period with advertisements
that do not exceed two minute blocs. Another interruption is permitted
if the film continues for at least 20 minutes after two or more 45 minute
periods.
Advertisements are
not inserted in any transmission of a religious service. Broadcasts
of news, documentaries and children’s programs that are no longer than
half an hour are not interrupted by the transmission of advertisements.
Article 53. Time Span of Transmission of Advertisements
The time of transmission
of advertisements on television shall not exceed 15 per cent of the daily
transmission time. The time of transmission of televised advertisements
during a given hour of transmission shall not exceed 12 minutes.
The time of transmission
of advertisements on radio shall not exceed 10 per cent of the total transmission
time.
The requirements of
this article are obligatory for public radio and television.
Article 54. Archiving of Advertisements
Advertisements transmitted
shall be kept recorded in order for a one-year time from the date of transmission.
Article 55. Prohibitory Provisions for Advertisements
It is not permitted to transmit
on radio and television:
1. advertisements
that exercise an influence on the content of programs;
2. advertisements
that encourage pornography and violence;
3. advertisements
for tobacco products;
4. advertisements
for armaments and military equipment;
5. indirect
advertisements;
6. religious
or atheistic advertisements;
7. advertisements
of food products that have not been approved by the competent organs according
to article 19 of law nr. 7941 dated May 31, 1995 “On food.”
8. advertisements
for political parties or associations, except for the cases provided in
the electoral laws.
9. other advertisements
that are in contravention of the laws in force.
Article 56. Protection of Minors
Advertisements that
encourage conduct that seriously endangers health and the normal psychic
development of children are not permitted to be given on radio and television.
Advertisements aimed
at children or when they are made with children shall be such as to avoid
everything that damages the interests and special character of their age.
Article 57. Advertisements of Alcoholic Beverages
Advertisements of alcoholic
beverages of all kinds are subject to these conditions:
1. They shall
not be particularly directed at children, and children shall not be permitted
to appear in advertisements with alcoholic drinks in their hands or in
any other manner.
2. The consumption
of alcohol shall not be advertised in connection with physical training
and energy or with therapeutic values.
3. The propagation
of the percentage of alcohol in the advertised beverages shall be prohibited.
4. The excessive
consumption of alcohol shall not be advertised.
Article 58. Advertisements for Medical Drugs
Advertisements for
drugs and medical treatment that are given or performed only by prescription
are prohibited.
Advertisements for
medical drugs that are not produced and approved according to law nr. 7815
dated April 20, 1994 “On drugs” are prohibited.
Advertisements for
medical drugs shall present their effects in a precise and complete manner
only according to data and verifications announced by the competent organs
and according to the respective laws.
CHAPTER VII. SPONSORSHIP
Article 59. Sponsorship
Sponsorship is the
direct or indirect financing by a natural or juridical person of a radio-television
program, with the purpose of advertising the name, production firm or image
of this person.
Every sponsorship
is done in accordance with the legislation in force.
Article 60. Reflection of Sponsorship
When a program or series
of programs is sponsored wholly or partly, this shall come out clearly
in the respective notations at the beginning and/or at the end of the program.
Article 61. Independence from the Sponsor
The sponsor is not
permitted to interfere in any case in the content and time of the sponsored
programs in order to influence the responsibility and editorial independence
of the sponsored broadcast.
Article 62. Prohibition for the Sponsor
Special references
to encourage the sale or purchase, leasing as well as a preference for
the services of the sponsor or a third party are not permitted in sponsored
radio-television programs.
Article 63. Prohibition for Sponsorships
Programs are not permitted
to be sponsored by natural or juridical persons when their principal activity
is the production, sale or offering of services, the advertisement of which
is prohibited according to this law.
Broadcasts of news and events of the day are not sponsored.
CHAPTER VIII. ALBANIAN PUBLIC RADIO AND
TELEVISION
Article 64. Name, Location
Albanian public radio-television
is an institution that carries out public service in the field of radio
and television.
The activity of Albanian public radio-television is regulated
by this law.
Article 65.
The name of Albanian
public Radio-television is Albanian Radio-television.
The short name of
the institution is ART.
The name of Albanian
public Television is Albanian Television (for short, AT).
The name of Albanian
public Radio is Radio Tirana (for short, RT).
The headquarters of
ART is in Tirana.
ART also includes
regional radio-television centers in the territory of Albania.
Article 66. Declaration of Purpose
As a transmitter dedicated
to the highest ideals of transmission in the national public service, ART
shall realize quality radio and television services to inform, educate
and entertain the public, while serving the nation, all groups of society,
also including national minorities.
ART is committed to
impartial news coverage of the country and internationally.
ART realizes programs
which shall reflect the variety of Albanian life for listeners and viewers
of all ages. ART prepares quality programs and with values for the
enrichment of the mental and spiritual world of people.
Article 67. Radio-television Programs of ART
The radio-television
programs of ART are realized in compliance with the declaration of purpose
and the requirements of article 36 of this law, as well as professional
standards.
Besides the fulfillment
of the requirements of article 36, ART also aims:
— at supporting Albanian
culture and literary and artistic creativity,
— while encouraging
freedom of creation in the most varied forms;
— at educating and
developing the culture of spoken Albanian according to the rules of orthography.
Article 68.
The programming of
ART in the transmissions of central and regional studios assures:
— a diversity of political,
social, cultural and entertaining information from the country and the
world
— the giving of information
from the whole territory of the Republic of Albania;
— the giving of information
for national minorities;
— the giving of information
for the public outside the country.
Article 69.
The programs of ART
are sent by territorial transmitters, satellites and cable.
ART also provides
services using new technologies of transmission.
Article 70.
ART includes in its
transmissions:
— two national televised
programs;
— three national radio
programs;
— programs of regional
radio-television centers;
— one satellite radio
program;
— one satellite televised
program.
Article 71.
National programs of
ART shall cover the territory inhabited by at least 90 per cent of the
citizens of the Republic of Albania. Within five years from the date
of approval of this law, at least one of the programs of ART shall cover
99 per cent of the population.
Article 72. Productions of ART
The productions of
ART, joint productions and the production of commissioned programs shall
constitute at least 50 per cent of the time of transmission.
Article 73.
A commissioned production
is part of the programs of ART. Commissions are realized by producing
subjects licensed for the production of audio and visual programs or films.
Article 74.
ART holds public competition
for commissioned productions according to the programming structure.
Article 75.
The modalities for
commissioned productions are specified in the charter of ART.
Article 76.
For the production
of audiovisual works that are realized by commission, ART has the right
to use up to 25 per cent of its budget destined for productions.
Article 77. The Rights and Duties of ART
ART has priority in
the transmission of the following events:
— the Olympic games;
— world and European
championships of soccer and athletics;
— elimination matches
for international cups and championships, when national teams take part;
— every other cultural
or sporting activity, national and international, of special interest to
the public.
Article 78.
ART prepares chronicles
and informative reports, without being obligated to pay the organizers
of the activities.
Article 79.
ART makes a full record
of voice and picture of all programs transmitted by it. These records
are kept for a period of no less than three months.
Article 80. Obligations of ART to State, Public and Private
Institutions
ART transmits those
sessions of the workings of the People’s Assembly designated in the respective
legislation on elections and referenda.
Article 81.
During campaigns for
elections and referenda, ART puts at the disposition of the participating
parties free transmission time according to the minutes specified in the
laws “On elections” and “On referenda.”
Article 82.
ART puts at the disposition
of religious institutions without payment the necessary minutes for the
transmission of ceremonies that are celebrated on specified dates by law
as official holidays.
Article 83.
The subject to whom
the transmission time is given has full responsibility for the content
of the messages provided in articles 80, 81 and 82.
The general director
of ART suspends the transmission of these messages in those cases when
their content violates in a visible and serious manner the laws in force.
The Management Council decides whether or not to transmit the messages
suspended by the general director.
Article 84.
Political and religious
propaganda is prohibited on ART.
Article 85.
ART puts at the disposition
of other radio-television operators premises owned by it for the installation
of transmitting equipment on the basis of two-party agreements and contracts.
The modalities, including
guarantees of honest competition between radio-television operators, are
specified in the regulations of NCRT in implementation of article 7, point
4 of this law and in the charter of ART.
Article 86. Management Organs
The management organs
of ART are:
1. the Management
Council.
2. the General
Directory.
3. the Board
of Administration.
Article 87. Management Council Composition and Procedures for
Designation
The members of the
Management Council are public personalities in various fields, such as:
culture, art, cinematography, journalism, justice, economy, public relations,
international relations, from universities and the Academy of Sciences,
experts in radio, television and technical activity.
Article 88.
The Management
Council of ART consists of 15 members, who are elected by the People’s
Assembly.
The candidacies are
proposed by the Parliamentary Standing Committee on the Means of Public
Information.
The committee present
to the People’s Assembly a list with twice the number of candidates, according
to the following representation of parties, institutions and non-governmental
organizations:
1. six members
are elected among 12 candidacies proposed by the political forces according
to their representation in the People’s Assembly.
2.. One member
each among two candidacies proposed directly by:
— the University of
Tirana.
— the Academy of Sciences;
— societies of writers
and artists;
— the NGO Management
Forum;
— societies of journalists;
— union representatives;
— representatives
of youth NGO’s;
— representatives
of women’s NGO’s;
— representatives
from national minorities.
Article 89.
The members of the
Management Council, specified in point 2 of article 88, are voted on in
the People’s Assembly after the competent subject that has the right to
name its representative to the Management Council of ART has brought to
the Parliamentary Committee on the Means of Public Information a decision
signed by its executive head and containing the two candidacies.
Article 90. Incompatibilities
The members of the
Management Council of ART may not be deputies, ministers, high state officials
or members of the management forums of political organizations.
The members of the
Management Council of ART may not be employees of ART nor may they have
been employed in ART in the last three years.
The members of the
Management Council of ART may not be full or partial owners of private
media subjects or be employed by these subjects.
Article 91. Time in Office
The mandate of the
members of the Management Council of ART lasts five years. Each member
of the Management Council of ART may be re-elected for another mandate
only after a three year interruption.
Article 92.
The Management Council
of ART is considered formed if in the first meeting called by the chairman
of the existing Management Council or by 1/3 of its newly-elected members,
it is determined that 2/3 of the members who constitute the Management
Council have gathered.
The first meeting
is called not later than 15 days from the day of election of the members
of the Management Council.
Article 93.
A member of the Management
Council is not removed during the time he is exercising his function, except
for the following cases:
— when he does not
take part in the meetings of the Management Council for six consecutive
months;
— when the functions
that he may have meanwhile undertaken are in conflict with this law;
— when he is punished
by a final court decision;
— for mental incapacity;
— when he gives his
resignation in writing.
Substitution is made
respecting the representation specified in article 88. The substitution
continues until the end of the mandate of the member who is replaced.
Article 94.
The Management Council
in its first meeting sets the time period for drawing up its rules of activity
and elects from its ranks the chairman and vice chairman.
The chairman of the
Management Council is elected by a relative majority of the votes among
not fewer than two candidacies.
Article 95.
An ordinary meeting
of the Management Council is held when at least 50 per cent of its members
are present. Decisions of the Management Council are valid when more
than 1/3 of all members have voted for it.
Article 96.
The Management Council
meets not less than once every two months. It may meet out of turn
whenever the chairman of the Management Council, the general director or
1/3 of the members request a meeting.
Article 97.
The general director
and chairman of the Board of Administration have the right to take part
in the meetings of the Management Council, except when the Council decides
otherwise.
Article 98.
The members of the
Management Council are paid for their contribution with a monthly compensation.
The amount of compensation shall be no less than 1/5 of the salary of the
general director. The compensation of the chairman of the Management
Council is ¼ of the salary of the general director of ART.
Article 99. Competencies of the Management Council
The Management Council
has these competencies:
1. It approves
the rules of its activity.
2. It approves
the charter of ART within 70 days from its first meeting.
In the charter of
ART there are specified:
a) the structure
of the institution;
b) the management
organs and their competencies;
c) the criteria
and procedures for naming and discharging the vice general director, the
directors of Radio and Television, as well as the heads of departments;
d) a description
of the work for all categories of employees;
e) a description
of the economic and financial activity of ART.
3. It names
and discharges the general director by 2/3 vote according to the procedure
specified in the charter, not later than one month after its first meeting.
4. It names
and discharges the vice general director and the directors of Radio and
Television by a simple majority of votes, according to the proposals of
the general director, no later than one month after the naming of the latter.
5. It approves
the members of the Board of Administration proposed by the general director.
6. It approves
the platform, organizational structure and programming structure of ART.
7. It supervises
the impartiality, objectivity and integrity of radio-television information.
8. It approves
the principal criteria for employing, evaluating and compensating employees.
9. It advises
the general director in connection with programs and assists in setting
norms and programming concepts in compliance with law.
10. It advises
and assists the general director in realizing programming responsibilities.
11. It makes
written declarations about particular transmission that have violated the
programming principles provided for in this law. It advises the general
director after hearing his opinion and seeks guarantees to avoid such violations.
12. It draws
up a report on the annual activity of ART in compliance with the requirements
of this article and presents it to the People’s Assembly at the end of
the month of March of each year.
Article 100. General Director
The general director
is the manager of the programming, financial and business activity of ART.
The general director
of ART is elected by secret vote by the Management Council for a five year
period between no fewer than 2 candidacies.
The selection of candidacies
is done by the Management Council on the basis of an open competition and
the criteria specified in the charter of ART.
Article 101.
The general director
of ART is not permitted to be a deputy, a member of the government, a member
of the management forums of any political party, a member of the Management
Council of ART, an owner, joint owner or member of any private media subject.
Article 102.
The general director
of ART has these rights and duties:
1. He directs
the activity of ART in compliance with the requirements of this law and
the charter of ART;
2. He names,
releases and discharges, in compliance with the laws that regulate labor
relations, all his subordinates, except for cases when it is otherwise
provided in this law and in the charter of ART;
3. He names,
releases or discharges from duty, himself or on the proposal of the directors
of radio and television, the directors of departments and sectors;
4. He is responsible
for programs so that they will be in compliance with the programming principles
established in this law;
5. He makes
decisions connected with questions of organization, finances and wages,
after consulting with the Board of Administration, on the basis of criteria
specified by the Management Council of ART;
6. He officially
represents ART within and outside the country, as well as in court;
7. He is responsible
for legality in the activity of the institution;
8. He coordinates
the work of administrative units of the ART system and resolves, within
his competencies, disagreements that have arisen between them.
Article 103.
The general director
is released from duty before the legal term in the following cases:
— he violates the
competencies that this law gives him;
— he commits a criminal
offense for which he is punished by a final court decision;
— he becomes incapable
of performing his duties because of illness;
— he gives a written
resignation and it is accepted by the Management Council of ART.
Article 104. Board of Administration of ART
The Board of Administration
is an advisory organ of the general director for financial questions of
ART, internal and external, except for problems that have to do with programming.
Article 105.
The Board of Administration
of ART consists of five members (three internal and two external), who
are experts in problems of administration, finance and business.
The members of the Board of Administration are named for a four year period
and may be named again for two other periods, if during this time they
do not pass retirement age.
Article 106.
The Board of Administration
is named by the Management Council of ART by secret vote and by a simple
majority among eight candidacies proposed by the general director.
The Board elects a chairman from its ranks by a simple majority and by
secret vote among two candidacies.
Article 107. Discharge from Duty
The members and chairman
of the Board of Administration are discharged from duty on the proposal
of the general director before the legal term in cases when:
— they violate the
obligations with which this law and the rules approved for the activity
of the board charge them;
— it is determined
that they are incapable of performing their duties by not less than eight
members of the Management Council;
— they are absent
without reason for four consecutive meetings;
— they are punished
for a criminal offense.
Article 108. Incompatibilities
The members of the
Board of Administration are not permitted to be members of the government,
members of the People’s Assembly, of management forums of any political
party or of the Management Council of ART.
Article 109.
Members of the Board
of Administration are not permitted during the exercise of their function
to represent the interests of third parties or to be connected with business
interests in this field.
Article 110.
Ordinary meetings of
the Board of Administration are called once a month. The Board also
holds meetings out of turn when at least two of its members or the general
director of ART request it.
At the first meeting the Board of Administration
specifies the time period for approving its internal rules, in which the
procedures of activity of this organism are set out clearly. The
rules are approved by the Management Council of ART.
Article 111.
Decisions of the Board
of Administration are valid when a majority of the members present have
voted for them. When the number of votes is equal, the vote of the
chairman is decisive.
Article 112.
The Board of Administration
of ART has these competencies:
1. It compiles
rules for financial questions, which are approved by the general director;
2. it compiles
the draft budget of ART, the annual accounts and follows their realization
in the name of the general director;
3. it investigates
the profitability of the businesses in which ART engages;
4. it investigates
contracts whose amount exceeds 5% of ART’s annual budget;
5. it gives
its opinion on expenses not contemplated in the budget;
6. it presents
to the general director reports and the financial balance sheet, and also
performs other duties in compliance with the rules specified in the charter
of ART;
7. it requests
and receives all information necessary for its work from the departments
and sectors of ART;
In case of a conflict
between the general director and the Board of Administration, the latter
may turn to the Management Council.
Article 113.
The consent of the
Board of Administration is necessary for the following activities:
— employment contracts,
the conclusion of agreements and negotiation of conflicts with unions;
— the purchase, sale
and pledge of property;
— the receipt and
repayment of bank credits;
— the conclusion of
contracts for new investments, when the amount to be invested by ART is
between 5 and 10 per cent of the annual budget of the institution.
Article 114.
The Board of Administration
of ART is compensated for each meeting that it holds. The amount
of compensation is set by the general director of ART.
Article 115. Financing of ART
ART secures financial
funds for the creation, preparation, transmission and dissemination of
its programs from the following sources:
— fees on the receiving
equipment for the programs of ART, approved according to the legislation
on fees;
— contracts with third
parties for various transmissions, using free technical capacities;
— other program services;
— publications of
musical, video and audio products, books, newspapers, and magazines connected
with programs;
— concert activity
and public performances;
— other activity specified
by the charter of ART;
— advertisements and
the publication of other paid messages;
— sponsorships and
donations;
— the sale of programs
of ART;
— the budget of the
state.
Article 116.
Excesses of revenue
after covering the expenses performed according to the reports presented
by the Board of Administration are used by ART to finance the production
of programs, their transmission, the maintenance and functioning of the
transmission network, the property of ART, technical renovation and the
compensation to employees.
Article 117.
The budget of the state
finances:
— the service of radio
for Albanians outside the borders of the Republic of Albania;
— the service of radio
for the foreign public (in foreign languages);
— television service
for Albanians outside the borders of the Republic of Albania;
— important technical
projects for putting new technologies into production and transmission;
— important projects
of film production or significant all-national artistic activity;
— ART’s symphony orchestra
and cinematography.
— The amount of financing
is specified in the annual law on the state budget.
Article 118.
Ministries and other
state institutions finance special projects of national importance in the
fields of culture, science and education, with the approval of the Management
Council of ART.
Article 119. Payment of Fees for Receiving Equipment
Fees are paid for individual
radio and television receivers in accordance with the legislation on the
system of fees in the Republic of Albania.
Article 120.
At the beginning of
every year, the Management Council of ART makes a financial analysis of
the institution on the basis of the reporting of the Board of Administration,
making this report public in the first three months of the year in the
manner set by the charter.
CHAPTER IX. RADIO-TELEVISION PROGRAMS
ON CABLE
Article 121. Definition of Radio-television Programs on Cable
Cable radio-television
programs are the transmission of voice, picture or the two together through
a cable distribution system for the simultaneous receipt of these programs
by two or more subscribers.
Article 122. Content of Cable Radio-television Programs
Cable radio-television
programs include:
1. The re-transmission
of programs that are given on the air by land and satellite transmitters,
in all cases including the programs of public operators.
2. The re-transmission
of programs destined for closed circuit television channels.
3. The re-transmission
of audiovisual productions recorded by various means.
4. The transmission
of various self-produced programs.
Article 123. The License
A license for the transmission
of cable radio-television programs is given by the National Council of
Radio and Television for a period of six years. It may be renewed
on the application of the license holder, which shall be made three months
before the end of the first license.
The nature of the
programs that will be transmitted is described in the license, setting
out the rights and obligations that come from this law. The rights
of third parties, especially copyright, are not violated.
Subjects who receive
a license for cable radio-television transmissions are obligated to pay
fees according to the specifications of law.
Article 124. Procedure for Receiving a License
The procedure and other
requirements necessary for receiving a license, as well as the rights and
obligations of the subjects, are the same as those provided for licenses
of radio-television transmission on the air described in chapter IV of
this law.
Article 125. Use of Cable Lines
Natural or juridical
persons who have received a license for cable radio-television transmission
use the cable lines of the operators of public service. When there
are no lines available for this purpose, the installation and use of cable
networks for radio-television transmission is done with special permission
from the competent organs.
Article 126. Rules for Distributing Radio-television Programs
on Cable
To realize quality
transmission of voice and picture for subscribers, the National Council
of Radio and Television, in collaboration with RET and the administrators
of cable services of telecommunications, specifies rules and manners of
distributing radio-television programs.
Article 127. Permission for a Cable Network
Permission to start
a cable network for radio-television transmission is given by the Regulatory
Entity of Telecommunications in two stages:
1. A preliminary
license is given by RET within 15 days from the date of application, based
on the transmission license issued by the National Council of Radio and
Television, as well as the project of the cable network for transmission.
The term for concluding the work is set in the preliminary license.
2. The final
license is given by RET within 30 days from the date of completion of the
work and after the implementation of the technical project and the equipment
installed has been checked.
CHAPTER X. RADIO-TELEVISION REPEATERS
Article 128. Repeaters of Radio-television Programs
Repeaters are transmission
equipment for the reception and full re-transmission, unchanged and simultaneous,
on the air within the territory of the Republic of Albania, of radio-television
programs that are transmitted by local and foreign stations by land or
satellite.
Article 129. Conditions for the Installation of Repeating Equipment
The installation and
use of repeating equipment is done only after the respective license from
the National Council of Radio and Television has been given.
In designating the
frequencies for repeaters, the requirements of public and private national
radio-television transmitters have priority.
Article 130. Conditions for the License
A license for radio-television
transmission by repeaters is given after these conditions are fulfilled:
1. The applicant
shall enjoy all civil rights.
2. The stations
transmitted by the repeaters shall not encourage a breach of the constitutional
order in the Republic of Albania.
3. The repeaters
shall fulfill the norms of defense from disasters, as well as the technical
norms connected with electrical installations.
4. The technical
proposal for installation of repeaters shall be presented.
5. The technical
characteristics of the repeaters shall be in compatibility with the existing
norms for radio-television transmission in our country and with technical
norms recommended by international organisms specialized in the field of
standards.
Article 131. Annulment of a License
Licenses given for
radio-television transmissions with repeaters are annulled when:
1. Even one
of the conditions for the grant of the license is not fulfilled.
2. Serious or
repeated irregularities are found in the implementation of the conditions
put in the license.
Article 132. Permitted Number of Repeaters
The National Council
of Radio and Television sets the number of repeaters for radio-television
transmission that are permitted to function for each zone of the territory
of the Republic of Albania.
Article 133. Changes in Licenses for the Public Interest
The National Council
of Radio and Television has the right to annul licenses given for particular
repeaters or to set other transmission frequencies, for the needs of development
of national public and private radio and television.
Article 134. Impermissibility of Changing the Destination of
Repeaters
Changing the destination
of repeaters so that they will be used as transmitters of radio-television
programs is not permitted.
Article 135. Impermissibility of Cable Re-Transmission of Satellite
Programs by Individuals
The re-transmission
on cable for purposes of profit of satellite programs by individuals who
have such receiving equipment is not permitted.
CHAPTER XI. SATELLITE TRANSMISSIONS
Article 136.
Services of programs
for the public disseminated by satellite are subject to the law in the
same manner and in the same measure as are services for the dissemination
of national programs through the terrestrial network. For these services
the European Convention on television shall be implemented.
CHAPTER XII. SANCTIONS
Article 137.
In cases of violation
of the obligatory provisions of this law, the National Council of Radio
and Television decides on administrative sanctions as follows:
1. Warning.
2. Fine up to
3% of the annual turnover of revenue
3. Temporary
suspension of the license.
4. Reduction
of the time of the license.
5. Removal of
the license.
NCRT specifies particular
violations, which are punished by the sanctions specified in this article,
as a rule first applying the sanction of warning.
NCRT imposes the sanctions
provided by law no later than one year from the date of commission of the
violation.
When NCRT finds violations
of the legal provisions for which other state organs by law impose sanctions,
then it informs the latter.
An operator who is
punished may object to the decision of NCRT judicially within one month
from the date of receiving notification of the punishment.
FINAL PROVISIONS
Article 138.
After the entry of
this law into force, the People’s Assembly also elects the members of NCRT
according to the procedure sanctioned in the law.
One month after the
entry of this law into force. the government accords NCRT the funds
necessary for the conduct of its activity, the building, and every other
infrastructure.
Three months after
financing is given by the Council of Ministers, according to article 11,
NCRT begins its activity on the basis of the law.
Article 139.
Private radio-television
operators and radio-television transmitters with repeaters who have functioned
before the entry of this law into force shall be furnished with a license
within six months from the beginning of the activity of NCRT.
Article 140.
Six months from the
date of entry of this law into force, NCRT begins to operate as a public
institution with the rights and duties that come from this law.
Article 141.
The Management Council
of ART is created according to this law within 50 days from its entry into
force.
Article 142.
The existing Management
Council performs the duties with which the law charges it until the first
meeting of the Management Council elected according to the procedures specified
by this law.
Article 143.
Seventy days after
its creation, the Management Council of ART approves the charter of ART,
which within 15 days thereafter is presented for approval to the People’s
Assembly.
Article 144.
Within 60 days from
its creation, the Management Council of ART specifies the programming standards
and directions.
Article 145.
The function of the
General Director of ART is performed by the prior director in compliance
with the provisions of this law until the moment the new director is named.
Article 146.
The Board of Administration,
after approval of its internal rules by the Management Council of ART,
suggests to the latter structural changes that it considers necessary.
Article 147.
All movable and immovable
property used today by RTSH [Albanian Radio and Television], such as: administrative
buildings, radio stations, transmission points, MCR objects, and all technical
equipment pass to the ownership of this institution without compensation,
reflecting them in its accounting on the date of entry of this law into
force.
Article 148.
All frequencies that
are in use by RTSH at the moment of entry of this law into force remain
at the disposition of this institution for a 10 year period.
Article 149.
With the entry of this
law into force, law nr. 7524 dated November 19, 1991 “On the status of
RTSH,” law nr. 8221 dated May 14, 1997 “On public and private radio and
television in the Republic of Albania” and the respective amendments are
repealed.
Article 150.
This law is effective
fifteen days after publication in the Official Journal.
CHAIRMAN
Skender Gjinushi
Translation by Kathleen Imholz with Valbona
Vladi |