HOUSE OF REPRESENTATIVES OF THE CROATIAN PARLIAMENT
Pursuant to Article 89 of the Constitution of the Republic of Croatia, I hereby adopt the
DECISION
ON PROCLAMATION OF THE LAW ON THE CROATIAN RADIO-TELEVISION
I proclaim the Law on the Croatian Radio-Television, passed by the House of Representatives of the Croatian Parliament, at its session held on 8 February 2001.
Number: 01-081-01-595/2
Zagreb, 26 February 2001
President
of the Republic of Croatia
Stjepan Mesic, signed
LAW
ON THE CROATIAN RADIO-TELEVISION
I GENERAL PROVISIONS
Article 1
(1) Croatian Radio-Television is a legal person, which has a status of a public institution, the organisation and operation manner of which shall be stipulated by this Law and regulations adopted pursuant thereto.
(2) The founder of the Croatian Radio-Television public institution is the Republic of Croatia.
Article 2
(1) The name of the public institution shall be the Croatian Radio-Television.
(2) The abbreviated name of the Croatian Radio-Television shall be HRT.
(3) The seat of the Croatian Radio-Television (hereinafter: HRT) shall be in Zagreb.
Article 3
(1) The activity of the HRT shall be the production and broadcasting of radio and television programme.
(2) HRT shall exercise the activities as per Paragraph 1 of this Article through the production and broadcasting of three radio channels in three radio networks on the national level and in radio networks on the regional level (hereinafter: the Croatian Radio), and television channels in two television networks on the national level (hereinafter: the Croatian Television).
(3) HRT shall be obliged to provide programme contents about regional particularities in the programme realisation.
(4) HRT shall perform its activities as a public service only in the cases of natural disasters, epidemics, emergency situation or the state of war.
Article 4
(1) HRT shall have two organizational units: the Croatian Radio and the Croatian Television.
(2) The authorities of the organizational units in legal transactions and the special manner of running the business shall be determined by the HRT Statute, in accordance with the law.
II. PROGRAMME PRINCIPLES AND OBLIGATIONS
Article 5
(1) In its programmes, the HRT must satisfy the interests of the public on the national and local level, as well as take care of the balanced representation of the information, cultural, educational and entertaining contents.
(2) In the realization of the programme principles, the HRT shall particularly:
(3) The Government of the Republic of Croatia and the HRT shall regulate their mutual rights and obligations with regard to the programmes referred to in Paragraph 2, Sub-paragraphs 4 and 5 of this Article, by a contract.
(4) The highest professional and ethical standards must be respected in the HRT programmes.
Article 6
In the realization of the programme, the HRT shall be obliged to:
Article 7
HRT shall be obliged to:
Article 8
In the HRT programmes, it shall be forbidden to:
Article 9
(1) HRT shall provide for the use of the Croatian language and Latin script in radio and television programmes.
(2) HRT shall also promote creativity in the dialects of the Croatian language.
(3) The use of the Croatian language shall not be mandatory:
- if films and/or other audio and audiovisual works are broadcast in the original form,
- if musical pieces with the text partly or entirely written in a foreign language or script are broadcast,
- if the programmes are partly or entirely intended for the study of foreign languages and scripts.
(4) The use of the Croatian language shall not be mandatory in the programmes intended for informing the members of national minorities and ethnic communities.
III. PROGRAMME CONTENTS
Article 10
The majority of the broadcast featured, documentary and other television programme must be of the domestic and European production, in the proportion which does not neglect the Croatian programmes.
Article 11
(1) At least 10% of the total broadcast of the television programme, except for the information programmes, sporting events, games and commercials, the HRT shall order from independent production companies, i.e. it shall allocate at least 10% of the annual budget for the production of the television programme for ordering programmes from independent production companies.
(2) The programmes of independent production companies, i.e. the independent production companies which shall record the programmes as per Paragraph 1 of this Article shall be selected on the basis of public tenders.
(3) The criteria and procedure of selecting the programmes as per Paragraph 2 of this Article shall be stipulated by the HRT Statute.
Article 12
(1) The duration of advertising messages in every HRT programme shall not exceed 9 minutes per hour of the programme.
(2) Two or more advertising messages (advertising block) may be broadcast without interruption only between programmes.
(3) The information, religious, children's programes and programmes lasting less than 30 minutes shall not be interrupted by advertising messages.
(4) HRT shall not interrupt feature films with advertising messages.
(5) HRT shall be entitled to refuse broadcasting of advertising messages the content of which is contrary to the programme obligations, as determined by this Law, other regulations and the rules of advertising and promotion.
(6) HRT shall not broadcast advertising messages of political parties, religious communities and trade unions. The prohibition of the broadcast of advertising messages of political parties shall not apply in the period of electoral campaign.
(7) Concealed advertising messages shall be forbidden.
IV. TRANSPARENCY AND INDEPENDENCE OF WORK
Article 13
(1) The HRT shall promote public interests, take care of the interests of the public, as well as be responsible to the public, in its activity.
(2) HRT’s responsibility to the public, as well as the influence of the public to the HRT’s activity shall be exercised especially:
Article 14
(1) The HRT shall be independent in its activity.
(2) The HRT’s independence shall be reflected especially:
(3) With regard to the issues as per Paragraph 2 of this Article, the HRT shall only be subjected to the supervision of the lawfulness of work by the authorised bodies.
IV. ADMINISTRATION AND MANAGEMENT
Article 15
The HRT bodies shall comprise:
Article 16
(1) The HRT Council shall represent and protect the interests of the television and radio public in terms of the production and supervision of the programme.
(2) The HRT Council shall have 25 members.
Article 17
(1) One member each shall be appointed into the HRT Council, by:
(2) The associations as per Paragraph 1 of this Article shall appoint their representatives into the HRT Council pursuant to the procedure stipulated by law and their statutes for the election of members of their management bodies.
(3) The Minister of Culture shall, upon the previously obtained opinion of the Minister of Justice, Administration and Local Self-government, establish the procedure, manner of election and appointment of representatives in the HRT Council, who are appointed by two or more associations, by his decision.
(4) Three members from among the respectable non-party public officials shall be appointed into the HRT Council by the Speaker of the Croatian Parliament, with previously obtained opinion of a competent working body of the House of Representatives, by the Prime Minister and by the President of the Republic of Croatia.
(5) The HRT Council shall initiate the procedure of appointing the members of the HRT Council by addressing a public invitation at least three months prior to the expiration of mandate, compile the list of the appointed members, and forward it to the Minister of Culture. The Minister of Culture shall by a decision establish that the procedure of appointing the members of the HRT Council was conducted in compliance with this Law.
(6) New members of the HRT Council must be appointed until the expiration of the mandate of the HRT Council members from the prior composition.
(7) HRT Council shall be considered constituted once two thirds of the total number of the HRT Council members have been appointed.
(8) The candidates for the HRT Council shall be respectable public officials, who have distinguished themselves in the public life by advocating respect of democratic principles and the rule of law, the construction and improvement of the highest values of the constitutional system of the Republic of Croatia set forth by the Constitution of the Republic of Croatia, defense of human rights and freedoms, as well as protection of freedom of expression.
(9) The members of the HRT Council may not be representatives in the Croatian Parliament, nor other state officials.
(10) HRT employees may not be appointed to the HRT Council.
(11) The members of the HRT Council may not be the persons employed or performing any other activity in rival firms, i.e. the firms performing the activity of radio and television broadcasting, the members of their management or supervisory boards, or performing the tasks which could cause a conflict of interests.
Article 18
Mandate of a member of the HRT Council may cease before the expiration of the term to which he was appointed:
Article 19
(1) The HRT Council shall:
(2) The HRT Council shall regularly, and at least once a year, submit a report on its work and implementation of the programme orientations of radio and television channels to the House of Representatives of the Croatian Parliament.
(3) The HRT Council shall at least once a year inform the public on the implementation of the programme orientations of radio and television channels.
Article 20
(1) The work of the HRT Council shall be public.
(2) The HRT Council shall elect and recall the Chairman of the Council.
(3) The Chairman and the members of the HRT Council shall have a four-year mandate.
Article 21
(1) The HRT Council may establish Programme Councils as advisory bodies for the purpose of monitoring and improving particular programmes.
(2) The tasks and manner of work of the Programme Councils shall be established by the Decision on Establishment and the Standing Orders on the HRT Council’s work.
Article 22
(1) The HRT Council shall meet at least once a month.
(2) The HRT Council shall be effectively passing decisions if the sessions are attended by more than a half of the total number of members.
(3) Decisions shall be passed by the majority of votes of the present members of the HRT Council, unless otherwise stipulated by this Law.
Article 23
HRT shall be managed by the Board of Management which shall have its Chairman, Deputy Chairman and five members.
Article 24
(1) The HRT Board of Management shall:
(2) The HRT Board of Management shall make decisions by the majority of votes of the total number of its members.
Article 25
(1) The HRT Board of Management shall be appointed and relieved of duty by the House of Representatives of the Croatian Parliament.
(2) One member of the HRT Board of Management shall be appointed from among the HRT employees, and the remaining 6 members from among the economic, financial and legal experts, cultural workers and media experts.
(3) The HRT Board of Management’s member from among the HRT employees shall be proposed to the House of Representatives of the Croatian Parliament by the HRT Council of Employees, and the remaining members by the competent working body of the House of Representatives.
(4) A member of the HRT Board of Management may not be a state official, a person who performs a duty in a political party’s bodies or a person as per Article 17, Paragraph 11 of this Law.
(5) Members of the HRT Board of Management shall be appointed for the term of four years.
Article 26
A member of the Board of Management may be relieved of duty before the expiration of the term he was appointed to:
Article 27
(1) The Director of the HRT shall:
(2) The Director of the HRT may suspend from execution the acts of the HRT Board of Management, should he consider them to be contrary to the law, and inform the Government of the Republic of Croatia thereof, within 24 hours.
(3) The Director of the HRT shall be responsible for the lawfulness and successfulness of the HRT work.
Article 28
A person who is a Croatian citizen, holds a university degree in social or other adequate orientation in accordance with the Statute, speaks English or another world language and has at least five years of working experience, may be appointed the Director of the HRT.
Article 29
(1) The Director of the HRT shall be appointed and relieved of duty by the HRT Board of Management, with the prior opinion of the HRT Council, on the basis of the conducted public tender.
(2) The Director of the HRT shall be appointed for the term of four years.
(3) The Director of the HRT may be relieved of duty before the expiration of the term he was appointed to by the HRT Board of Management, with the prior opinion of the HRT Council:
(4) Before the decision on relieving of duty is passed, the Director of the HRT must be given the possibility to declare himself on the reasons for the relieving of duty.
Article 30
(1) The Director of the HRT, Assistant Directors of the HRT, the Chief Programme Manager of the Croatian Radio and the Chief Programme Manager of the Croatian Television, programme managers, as well as other authorised persons shall, upon the invitation of the HRT Council and the HRT Board of Management, participate in their work, without the decision-making right.
(2) The persons as per Paragraph 1 of this Article, shall in the work of the HRT Council and the HRT Board of Management, be obliged to provide information, clarifications and professional explanations on the issues on the agenda.
VI. EMPLOYEES
Article 31
The general labour regulations and the collective agreement shall be applied to the legal status of the HRT employees, the conditions for starting a working relation, salaries and other issues not regulated by this Law.
Article 32
In the cases when the HRT performs its activity as a public service, pursuant to Article 3, Paragraph 4 of this Law, the employees shall not have the right to go on strike.
VII. GENERAL ACTS OF THE HRT
Article 33
(1) HRT shall have a Statute, which shall, in compliance with this Law, closely determine the organisation, powers and the manner of decision-making of certain bodies, as well as regulate other issues of importance for the performance of the HRT activities and its business.
(2) Apart from the Statute, the HRT shall have the Rule Book on Labour, the Code of Ethics, the Decision on the Manner of Collecting the Fee, as well as other General Acts, in accordance with this Law and the HRT Statute.
Article 34
The Rule Book on Labour shall regulate the manner of the employment of workers, the conditions and the manner of the employment of the outside associates, the status of the outside associates, the bodies deciding on the employment, the rights and obligations of the employees, the conditions and the manner of restriction of the right to strike, in order to ensure the performance of the HRT activities, as well as other issues regulating the position of the employees at the HRT, in the interest of the public.
Article 35
(1) The HRT Statute shall be passed by the HRT Board of Management, upon the proposal of the Director and with the prior opinion of the HRT Council.
(2) The House of Representatives of the Croatian Parliament shall give its consent to the HRT Statute.
(3) Other general acts of the HRT shall be passed by the Board of Management, unless this Law or the Statute stipulate that they shall be passed by the Director of the HRT Council.
Article 36
(1) The Statute and other general acts of the HRT shall come into effect at the earliest on the day of their publication.
(2) The manner of publication of the Statute and other general acts shall be regulated by the Statute.
Article 37
HRT shall be obliged to make available to the public, in an appropriate manner, the provisions of the Statute and other general acts which regulate the work of the HRT while performing its activities as a public service.
VIII. PROPERTY OF THE HRT
Article 38
(1) The property of the institution shall be comprised of the means for work obtained from the founder of the HRT, acquired by provision of services and selling the products or obtained from other sources.
(2) The founder of the HRT, the Republic of Croatia, shall have 100% share in the means for work of the HRT.
(3) HRT shall receive revenue from:
Article 39
(1) Owners of radio and TV receivers in the territory of the Republic of Croatia shall be obliged to pay the HRT a fee.
(2) The owner of a receiver shall be obliged to register the receiver with the HRT at the latest within 30 days from the day of acquisition of the receiver, and the owner shall be obliged to register the change of address, place of residence or seat at the latest within 15 days from the day of the change.
(3) The owner of a receiver shall not be obliged to pay the fee if he has de-registered the receiver.
(4) The amount of the fee shall be 1.5% of the average monthly net salary of the employees in the Republic of Croatia, on the basis of the statistical data for the previous year.
(5) The households owning one or more radio and television receivers shall pay the monthly fee determined in Paragraph 4 of this Article as if they had one radio or television receiver.
(6) Legal persons shall pay the fee for each registered receiver in the amount set forth in Paragraph 4 of this Article.
(7) The Government of the Republic of Croatia may determine privileges and exemptions from the payment of the fee by a decree.
(8) The Board of Management of the HRT shall determine the manner of collecting the fee.
Article 40
The means for work of the HRT Council and the Board of Management of the HRT, as well as the employees performing the professional, administrative and other tasks, shall be ensured by the HRT.
Article 41
If the HRT earns profit while performing its activity, that profit shall be used exclusively for the performance and development of the HRT activities, in accordance with this Law and the HRT Statute.
Article 42
(1) HRT shall be responsible for the obligations with its entire property.
(2) The Republic of Croatia shall, with solidarity and without limitations, be liable for the obligations of the HRT.
(3) The losses of the HRT shall be primarily settled from the HRT property, and only after that from the budget.
Article 43
HRT may not burden or take away immovable property and other property the value of which is higher than the value set forth by the HRT Statute, without the consent of the founder or the body determined by the founder.
Article 44
(1) No bankruptcy proceedings may be conducted over the HRT without the consent of the House of Representatives of the Croatian Parliament.
(2) If the Republic of Croatia fails to cover the losses within 90 days, or fails to pass a decision on the manner of covering the losses, the bankruptcy proceedings may be conducted.
Article 45
The competent ministries shall perform the supervision of the legality of the HRT operation and the general acts, unless otherwise stipulated by this Law.
IX. PENAL PROVISIONS
Article 46
(1) A fine in the amount of HRK 500.00 shall be imposed upon a natural or legal person for the offence of failing to register the receiver (Article 39, Paragraph 2) or using a de-registered receiver (Article 39, Paragraph 3).
(2) For the offence as per Paragraph 1 of this Article, the fine in the amount of HRK 2,000.00 shall also be imposed upon the responsible person within the legal person.
X. INTERIM AND FINAL PROVISIONS
Article 47
(1) HRT the Public Company, established pursuant to the Law on the Croatian Radio-Television ("Official Gazette", No. 28/90, 35/91, 33/92, 43/92 – cleared text, 94/93, 53/94, 24/96 and 145/98) shall continue with its work as the Croatian Radio-Television Public Institution.
(2) The Croatian Radio-Television Public Institution shall be divided to the Croatian Radio-Television Public Institution and Transmitters and Communications Trading Company, not later than on 31 December 2001.
(3) The Croatian Radio-Television Public Institution shall be divided into the Croatian Television Public Institution and the Croatian Radio Public Institution until 1 July 2002.
Article 48
(1) Funds, rights and obligations of the HRT Public Institution shall be divided to the funds of the Croatian Radio-Television Public Institution and of the Transmitters and Communications Trading Company, according to the state of the HRT Public Institution business records on 31 December 2000.
(2) Funds, rights and obligations of the HRT Public Institution shall be divided to the funds of the Croatian Television Public Institution and the Croatian Radio Public Institution, according to the state of the HRT Public Institution business records on 31 December 2001.
(3) The division balance sheet and the Act on Distribution of Funds, Rights and Obligations as per Paragraph 1 of this Article, shall be passed by the Board of Management of the HRT Public Institution, upon the proposal of the HRT Director, with the prior consent of the House of Representatives of the Croatian Parliament by 1 October 2001, at the latest, and the division balance sheet and the Act on Distribution of Funds, Rights and Obligations as per Paragraph 2 of this Article, not later than 1 April 2002.
(4) The Republic of Croatia shall keep the ownership of the 100% of shares of all the working means which shall, based on the Act of Distribution of Funds, Rights and Obligations, go to the Croatian Television Public Institution, the Croatian Radio Public Institution and the Transmitters and Communications Trading Company.
(5) A special law shall be passed for the privatisation of the capital of the Transmitters and Communications Trading Company, in any form.
Article 49
Pursuant to the Act on the Distribution of Funds, Rights and Obligations, the Government of the Republic of Croatia shall, not later than 31 December 2001, pass the necessary acts pursuant to which the Croatian Radio-Television Public Institution and the Transmitters and Communications Trading Company shall be entered into the court register, and, by 1 July 2002, all the necessary acts on the basis of which the Croatian Television Public Institution and the Croatian Radio Public Institution shall be entered into the court register.
Article 50
The Board of Management of the HRT shall be appointed within 30 days from the day of this Law coming into effect. The Board of Management shall, within the next 60 days, pass the HRT Statute, invite the tenders and conduct the procedure for the appointment of the HRT Director.
Article 51
The HRT Council shall be obliged to issue a public invitation for the appointment of the members of the HRT Council within 15 days from the day of this Law coming into effect.
Article 52
The HRT Council, The Director and the HRT Management, the HRT Supervisory Board and the chief programme managers of the Croatian Radio-Television Public Company, shall continue working until the appointment of the HRT Council, the Board of Management and the Director of the HRT, as well as the chief programme manager of the Croatian Radio and the chief programme manager of the Croatian Television of the Croatian Radio-Television Public Institution, in accordance with the provisions of this Law.
Article 53
The regional radio stations and regional television studios shall be the public media outlets of the HRT with a special task of promoting regional programmes and programmes in the languages of ethnic minorities in that area.
Article 54
(1) The frequencies for transfer and transmission of programmes in the third television network on the national level, that have existed prior to the coming into effect of this Law, shall be allocated to a concessionaire, in accordance with the provisions of the Law on Telecommunications, at the latest within one year from the day of this Law coming into effect.
(2) Until the decision on the grant of the concession has been adopted, or until the expiry of the deadline from Paragraph 1 of this Article, the HRT shall produce and broadcast the programme in the third television network on the national level, in accordance with the provisions of this Law.
Article 55
The provisions of the Law on Institutions shall be applied to all relations which were not regulated by this Law.
Article 56
On the day of coming into effect of this Law, the Law on the Croatian Radio-Television ("Official Gazette", no. 28/90, 35/91, 33/92, 43/92 – cleared text, 94/93, 24/96 and 145/98) shall cease to be effective.
Article 57
This Law shall come into effect on the eight day from the day of its publication in the "Official Gazette."
Class: 612-12/00-01/04
Zagreb, 8 February 2001
THE HOUSE OF REPRESENTATIVES OF THE CROATIAN PARLIAMENT
Speaker
of the House of Representatives of the Croatian Parliament
Zlatko Tomcic, signed