THE BROADCASTING LAW

 

1.GENERAL PROVISIONS

 

Article 1.

 

This law regulates the conditions and the procedure of performing broadcasting activities.

By broadcasting activities this law implies the production, the transmission, the emission and the distribution of radio and television programs and other informative features intended for the general reception in free space and through the cable radio-television network.

 

Article 2.

 

The conditions and the procedure of construction, maintenance and utilisation of the broadcasting network and the resources, as well as the providers and receivers of broadcasting services are all carried out according to the provisions of the Law on telecommunications, unless this or other law regulates otherwise.

 

Article 3.

 

Certain terms used in this law have the following definition of meaning:

1.      A broadcasting network is a telecommunication network which enables the transmission, emission and distribution of radio and television programs and other informational features intended for general reception;

2.      The public telecommunication network for providing telecommunications services of broadcasting radio and television signals on the territory of the Republic of Macedonia is the basic radio-television network;

3.      A broadcasting station is a radio station with the purpose of broadcasting radio and television programs;

4.      The cable radio-television network (cable television) is a telecommunication network for distribution of radio and television programme and other telecommunication signals;

5.      Local level- is the level of broadcasting programs on the territory of a municipality or the City of Skopje with their surroundings;

6.      Home production of radio, or television programs means creating talk, music, education, entertainment and other features intended for radio or television broadcasting and distribution;

7.      Re-emission means the simultaneous reception, transmission and broadcast of radio or television programs taken from other broadcasters in their  original entirety;

8.      An advertisement is a message with the purpose of informing and encouraging the general audience in the purchase of particular products, or using particular services;

9.      Sponsorship means the participation of a legal entity or a physical person in financing broadcasts for the purpose of promoting the name and the trademark of the sponsor, provided they do not deal in broadcasts.

 

Article 4.

 

The broadcasting activities provide the freedom of public expression of thought, freedom of speech, performance and public informing.

In compliance to this and another law, the broadcasting activity provides free access to information, freedom and reception as well as transmission of information, the right of response and the right of denial through a broadcasting station, as well as protection of the source of information.

 

Article 5.

 

A legal entity or a physical person can perform broadcasting activities by establishing broadcasting organisations under the conditions and in the manner established by this or another law.

A foreign legal entity or a physical person can be a co-founder, under the conditions and in the manner established by this or another law.

 

Article 6.

 

The broadcasting activity is realised within a synchronised technical- technological system in compliance to the international agreements that the Republic of Macedonia has signed, or entered.

 

Article 7.

 

The Republic of Macedonia takes care of the creation of the general conditions of the development of the broadcasting activity, especially through constructions, maintenance and utilisation of the basic broadcasting network; for the protection of the broadcasting space of the Republic of Macedonia, for the production of radio and television programs of public interest within the realisation of the guaranteed basic freedom of men and rights of the citizen.

 

Article 8.

 

The broadcasting activity is based on the following principles:

-         accurate and punctual informing

-         open space for free competition and informing on different political ideas, cultural and other tendencies and opinions;

-         protection and growth of the national identity, the lingual culture and the domestic creative work,

-         promotion of tolerance and respect and the growth of cultural versatility

-         independence and autonomy of the broadcasting organisations without any authority having impact on the concept or the contents of programs,

-         preventing the monopoly in individual and group influence in the broadcasting organisations;

-         Appropriate and impartial treatment of the political entities in the programs of the broadcasting organisations, which shall not serve for the sole purpose of any political party, group or authorised individuals, especially in the election campaigns.

-         respect to the market regulations in the realisation of the broadcasting activity;

-         prohibition of the use of the broadcasting programs for calling upon the undermining of the constitutional order by force, as well as the agitation or calling upon military aggression or encouraging the spread of national, racial or religious conflicts.

-         protection of children and the youth, avoidance of presenting violence and pornography in the viewing hours when certain features can be presented considering the composition of the general audience;

-         protection of the privacy and the dignity of the person;

-         equality and non-discrimination of the broadcasting organisations in the access to utilisation of the basic broadcasting network for transmission, emission and distribution of radio and television programs.

 

2. Broadcasting organisations

 

Article 9.

 

The broadcasting organisations can be established as public broadcasting enterprises and as a commercial broadcasting companies.

The broadcasting organisations as of paragraph 1 in this article can be founded on the territory of the Republic of Macedonia and on a local level.

 The Law regulates the establishment, the work activities and the organisation of a public broadcasting enterprise on the territory of the Republic of Macedonia.

The public broadcasting enterprises of the local level, can be founded by the municipalities and the city of Skopje by the founding act, under the conditions determined by law, and on the previous approval of the Council of Broadcasting.

The Council of Broadcasting shall issue the previous approval of paragraph 4 in this article, to the municipalities, or the city of Skopje if the conditions of Article 13, paragraph 5, points 1-6 of this law are fulfilled.

The commercial broadcasting companies can be founded by physical persons and legal entities on the territory of the Republic of Macedonia, and at the local level under the conditions determined by this and another law.

 

Article 10

 

A legal entity or a physical person can be a founder of only one  commercial broadcasting company, with up to 25% of the base capital of the company.

A foreign legal entity or a physical person can be a co- founder of a  commercial broadcasting company with up to 25% of the total capital of the company.

The resources from several foreign legal entities or physical persons, as co-founders, in a commercial broadcasting company, can amount up to 49% of the total capital of the company.

 

 

 

Article 11

 

A legal entity or a physical person that performs work activities in the field of printed journalism cannot found an organisation in order to perform broadcasting activities, and a broadcasting organisation cannot found an organisation in order to perform activities in printed journalism.

A political party, a religious group, or a holder of a public position, or a position in a political party cannot be a founder, or a co-founder of a broadcasting organisation.

A holder of a public position or a position in a political party cannot be appointed a manager or an editor-in-chief of a broadcasting company.

 

Article 12.

 

The public broadcasting enterprises performing activities at a local level, or the commercial broadcasting companies are registered at the authorised court on the grounds of the approval granted by the Broadcasting Council, or the concession for performing broadcasting activities.

The broadcasting organisations of paragraph 1 in this article cannot start performing the work activities without obtaining a radio station working licence according to the Telecommunications Act.

 

3. Granting concession on performing broadcasting activities

 

Article 13

 

The broadcasting organisations perform their broadcasting activities on the grounds of the concession granted in accordance to the provisions in this law, the Law on concessions and the Telecommunications Act.

The public broadcasting enterprise established on the territory of the Republic of Macedonia shall obtain the concession of performing broadcasting activities with the law according to which it is established.

The public broadcasting enterprises performing their activities at a local level obtain their concession of performing broadcasting activities with the establishing act of Article 9, paragraph 4 in this law.

The commercial broadcasting companies obtain their concession of performing broadcasting activities from the Government of the Republic of Macedonia at the proposal of the Broadcasting Council through a public offer.

The concession of paragraph 4 in this Article is issued to a commercial broadcasting company that offers better conditions of performing broadcasting activities for the citizens in the corresponding area through:

-         the broadcasting programme ;

-         home productions of programs;

-         the home production of programs meeting the needs of a particular nationality in the corresponding area;

-         technical and exploitative conditions for broadcasting, in compliance to the established standards;

-         the spatial conditions of performing the activity

-          professional and technical personnel

-         financial resources of realisation of the programme

-         etc.

 

Article 14.

 

The public offer advertisement for performing the broadcasting activity as of paragraph 4, article 13 in this law is issued by the Government of the Republic of Macedonia at the proposal of the Broadcasting Council.

The public offer of paragraph 1 in this article is issued according to need.

The public offer on issuing a concession should consist of the following:

-         the type of broadcasting service (radio, television, etc.) and the covered area;

-         the technical parameters of broadcasting (frequencies, power, location, etc.);

-         the start of performing the broadcasting activity and the time limit of the concession;

-         the time limit of broadcasting hours per programme (daily, weekly etc.)

-         the deadline and the address of submitting the application for participation in the public offer and

-         other conditions required from the concessionaire.

 

Article 15

 

The legal entity or the physical person (the applicant), along with the application, should submit the following information: name and surname; citizenship; type of organisation; the manner of managing; the professional personnel and the ownership status; information on the capital or the applicant's participation in another broadcasting organisation; type and contents of the programme, including the time schedule and the duration of the daily new; technical elaborate study on the studio, studio equipment, the current or the planned equipment of broadcasting; a detailed work plan; documents that guarantee the financial ability of performing the work plan and other data or documents, which the applicant considers relevant as basis of granting a concession.

 

Article 16

 

The Broadcasting Council shall propose the grant of concession for performing the broadcasting activities to a legal entity or a physical person, if all the format and substantial requirements have been fulfilled.

 

Article 17

A commercial broadcasting company for performing broadcasting activities on the territory of the Republic of Macedonia can be granted only one concession for radio, and for television, and for performing broadcasting activities at a local level, at separate, distant areas, two concessions in the most can be granted, one for radio and one for television.

 

 

 

Article 18

 

The concession on performing broadcasting activities on the territory of the Republic of Macedonia can be granted to a commercial broadcasting company if it covers viewing, or listening ratings of at least 70% of the population of the Republic of Macedonia.

 

Article 19

 

The Government of the Republic of Macedonia can withdraw the granted concession, at the proposal of the Broadcasting Council, in the following cases:

-         if the concession holder does not start performing the concessionaire activity in the period established by the agreement;

-         if the concession has been granted according to inaccurate information;

-         in the event of death of the concession holder, or the work licence holder;

-         the legal entity is in bankruptcy;

-         the  concession holder does not conform to the requirements of performing the activity determined by the agreement and in this law and

-         if the concession holder does note take action at the demand of the authorities for clearing the irregularities in the determined time period.

 

Article 20

 

The concession holder may submit another application for renewal of the granted concession to the Broadcasting Council, prior to the deadline in the concession agreement. The Council will make a proposal to the Government of Republic of Macedonia for the concession renewal in the following cases:

-         during the agreed period, the concessionaire did not violate any regulation in the performing of the activity;

-         if the  issued frequency is not subject to any obstacle in the re-issue to the same concession holder;

-         the concession holder conforms to the terms of work determined by the agreement.

 

Article 21

 

The granted concession cannot be transferred to a third party.

 

IV BROADCASTING COUNCIL

 

Article 22

 

The Broadcasting Council (Council) is established for the purpose of considering issues from the broadcasting activities, for creating proposals of granting or withdrawing concessions, for proposing the distribution of the resources from the broadcasting fee of Article 77, points 4 and 5 of this law, for monitoring of the realisation of the concession agreement, for stating opinions and proposals for improvements and development of the broadcasting activities and for performing other activities in broadcasting.

Article 23

 

The Council is and independent entity which represents the interests of the citizens of the Republic of Macedonia in the performing of the broadcasting activity.

The Council consists of 9 members elected and discharged by the Parliament of Republic of Macedonia at the proposal of the Commission of election and appointment issues at the Parliament. All members are competent experts in the field of public informing, economy, education, culture and other fields.

The composition of the Council must be proportionate to the nationality composition in Republic of Macedonia.

 

 

0         

 

The member of the Council cannot be a MP, Minister in the Government or a person employed in the broadcasting organisation or in state organs, members of the management of the political parties, as well as persons with shares, stock or other economic interest in the broadcasting organisations.

 

Article 25 

 

The Council elects a president and a deputy-president from the members.

The president and the deputy-president of the Council receive a monthly salary for their work, and the other members receive a corresponding compensation.

 

Article 26

 

The members of the Council are appointed for a 6-year-period, with the right of re-election, with the following rule for the first election - 3 members are elected and appointed for 2 years, 3 members for 4 years and the other 3 for 6 years.

 

Article 27

 

The Council reaches the decisions with the majority of vote from all the members.

 

Article 28

 

The work of the Council can be made public.

The Council reports on its work to the Parliament of Republic of Macedonia once a year.

The working expenses of the Council are provided from the resources collected from the broadcasting fee.

 

Article 29

 

The President, the deputy of the president and the members of the Council cannot be discharged in the course of the mandate.

The President, the deputy-president and the members of the Council can submit their resignation.

The mandate of the members of the Council for the time they were appointed can be terminated if they are prosecuted for a criminal offence and the penalty determines 6 months imprisonment, or if they are prosecuted for a criminal or other offence or behaviour, inappropriate for their position, as well as the unjustified absence from the Council work activities longer than 6 months.

 

Article 30

 

The Council establishes The Rules of Procedure, which specifies the manner of work in the Council.

The Council establishes an expert office for the purpose of performing administrative work.

 

V Broadcasting programmes

 

1. Contents of programs:

 

Article 31

 

The broadcasting organizations perform their activities in terms of programme.

The programme as of paragraph 1 in this article contains informative, science, educational, cultural, sports, and economical and other contents of interest to the life and work of citizens, which provide the following:

-         respect of the  freedom and the rights of men, their dignity and

-         free affirmation of opinions and beliefs, multilateral and objective informing of listeners & viewers as well as enriching their general knowledge and entertainment;

-         protecting and affirmation of the Macedonian cultural tradition and the nationalities that live in Republic of Macedonia, and participation in the cultural life;

-         encouraging of the spirit of tolerance, mutual respect and understanding among individuals of different ethnical and cultural descent;

-         encouraging of the international understanding and co-operation, the feeling of the public for fairness, defending of the democratic freedom and openly telling the truth;

-         equality of freedom and rights, regardless of the  sex, race, colour, national and social descent, political and religious beliefs and the material an social status of men and citizens and the protection of children and motherhood and

-         protection and improvement of the natural environment.

Television programs can include teletext services.

 

Article 32

 

The entire offer of the programme must not serve for the sole purpose of a particular political party or particular interests.

 

Article 33

The programme of a broadcasting organisation should fulfil the following requirements:

-         true presentation of events with  equal treatment of different approach and opinion;

-         true, unbiased and professional coverage of news and events;

-         encouraging of free forming of opinion on certain events and issues and

-         opinions and comments should be distinguished as such, with clear specification of who holds those comments and opinions.

 

Article 34

 

State officials and municipal administration, and their representatives must not influence the creation of programmes of radio and television, or their work activities.

 

Article 35

 

In the programme of broadcasting organisation, certain features calling upon the undermining of the constitutional order by force, as well as the agitation or calling upon military aggression or encouraging the spread of national, racial or religious conflicts.

The programme must not include indecent features, especially pornography and violence.

The programme must not include features, which have a negative impact on physical, spiritual or moral growth of children and youth.

Films and other features that can have a negative impact on the psychological and physical growth of children and youth can be broadcast only between 24:00 and 06:00.

 

Article 36

 

The Broadcasting organisations are required to give reports, notices and issue warnings in their programme coming from state officials on the subject of outbreaks of illnesses or natural disasters, without compensation.

 

Article 37

 

A broadcasting organisation performing working activities on the territory of Republic of Macedonia, must provide the realisation of the programme of the radio of at least 18 hours a day, and in television - 8 hours a day, and in the local area, the realisation of the programme on the radio - of at least 10 hours a day, and on television - 3 hours a day.

As an exception to paragraph 1 of this article, the local areas with the population of 3000 people, the broadcasting of the programme can be less than 8 hours a day, but not less than three hours a day on radio and two hours on the television.

 

Article 38

 

The programme as of article 37 in this law, does not include periodical broadcast or if the broadcast contains static pictures, or signals.

 

Article 39

 

The radio-television programme must state the name and the surname of the editor-in-chief and the editor of the programme, as well as the name of the broadcasting organisation that features the programme, in other words, the identification sign of the television should be on screen continuously, and the radio call title should be on the air every hour.

 

Article 40

 

The Broadcasting Organisation must keep a diary of features and keep recordings stored within at least 30 days after broadcasting.

In the case of the right of response and of correction, or in the case of a lawsuit, the recorded materials are kept until the airing of the response or the correction, or the completion of the lawsuit.

At the Council's request, due to the examination of certain features, the recorded materials are stored by the deadline determined by the Council.

 

Article 41

 

The participation of home productions in the programme of a broadcasting organisation cannot be less than 40 percent of the total broadcasts in the week so that in the first year of working the weekly percent should be 20%, the 2nd year - 30% and in the 3rd year - 40% of the total broadcasts of the week.

The broadcasting organisation that feature programmes on a local level must provide participation of at least 30% of events or happenings from the relevant area.

The broadcasting organisations broadcasting programmes on the territory of Republic of Macedonia must feature informative programmes on a daily basis.

 

Article 42

 

The broadcasting organisations can feature programmes taken from other domestic broadcasting organisations on the grounds of an agreement, but they cannot thus form a single system network of broadcasting common programmes, out of the area where they are established.

As an exception to paragraph 1 of this article, in the event of a poor reception of a radio-television signal of a Public Broadcasting enterprise founded on the territory of Republic of Macedonia, the public broadcasting enterprise at a local level can take the informative programme without an agreement, provided they do not feature their advertisements 15 min before and 15 min after the informative programme and to confirm the take over on screen.

 

Article 43

 

The broadcasting organisation can re-broadcast foreign programs from time to time, only if they have a contract with the foreign broadcaster on the relevant programme and on prior permission from the Council.

 

Article 44

 

During the election campaign, the broadcasting organisations are required to provide the opportunities for the political parties for the promotion of their political programs and policies under equal terms, in compliance to the election regulations.

The provisions from paragraph 1 of this article apply accordingly to the candidates for the President of the Republic.

 

Article 45

 

The broadcasting programme is featured in Macedonian, by all broadcasting organisations.

The public broadcasting enterprise, broadcasting programmes on the territory of Republic of Macedonia, besides the programmes in Macedonian, also features programmes in the languages of the nationalities.

In the areas, where as a majority, i.e. in significant numbers there live the member of nationalities, the public broadcasting enterprises performing at a local level broadcast features both in Macedonian and in the languages of the nationalities.

The commercial broadcasting companies can broadcast programmes both in Macedonian and in the languages of the nationalities.

 

Article 46

 

Foreign programs or parts of foreign programs must be translated into Macedonian, as well as in the language of the nationalities for which they are intended.

The provisions of paragraph 1 of this article do not relate to broadcasts of musical, theatre and religious events, as well as educational programmes for learning foreign languages, as well as educational programmes for foreigners.

The programs that do not require translation are announced in Macedonian, or in the languages of the nationalities in the relevant cases.

 

Article 47

 

The public broadcasting enterprise broadcasting programs on the territory of Republic of Macedonia is required to provide and create special programs on informing, preservation of the cultural and historical traditions and for maintaining and improving the contacts with the migrants and the other citizens of Republic of Macedonia who live in the neighbour countries, Europe and overseas.

 

2. ADVERTISEMENTS

 

Article 48

 

The advertisement encourages the sales, the purchase and the release of products or services under lease, or emphasises certain effects provided by the advertisement.

The time reserved for advertising is compensated to the broadcaster.

 

Article 49

 

The advertisements should be real and honest; they should not manipulate with the general audience and should not be adverse to the interests of customers, or users of services.

 

Article 50

 

Children advertisements, or advertisements where children participate, must not contain messages which could damage their interests or have bad influence on children's' sensitivity or age.

 

Article 51

 

The duration of advertisements in the public broadcasting organisations cannot be more than 7% of every broadcasting hour.

The duration of the advertisements of commercial broadcasting companies cannot be more than 20% of every broadcasting hour.

The duration of the advertisements in the commercial broadcasting companies, as a direct offer of purchase to the general audience, (teleshop) cannot be more than one hour per daily programme.

The public broadcasting enterprises cannot provide services of paragraph 3 in this article.

 

Article 52

 

The advertisements should be easily recognisable and separate from the rest of the programme with sound effects and jingles or picture.

According to rule, advertisements are broadcast in blocks.

 

Article 53

 

The TV advertisements must not feature the picture of persons who regularly participate in the news or the other informative programs.

 

Article 54

 

The advertisements must have an impact on the programme contents in the manner of reducing the independence of the broadcasting organisation and its responsibility for the programme.

TV advertisements must not be featured between features in the way of disruptions of the integrity and value of the programme, or the copyrights of the programme.

 

Article 55

 

The news and the other informative programs as well as the broadcasts of religious or other events when the duration is less than 30 min must not be disrupted with advertisements.

 

Article 56

 

The broadcasting of audio-visual works such as motion pictures-films or TV films (not including serials, entertainment or documentaries) with the duration of more than 45 min can be interrupted with advertisements only once in every 45 min of the corporate programme.

 

Article 57

 

Advertisements on drugs, nicotine, alcohol or prescribed medicine are prohibited.

 

3. SPONSORSHIP

 

Article 58

 

When a feature or a series of features are sponsored in their entirety, or partly by a physical person or a legal entity (sponsor), it must be clearly identified in an appropriate manner at the beginning or at the end of the programme.

 

Article 59

 

The sponsor cannot influence the contents or the time schedule of the sponsored programmes in the manner by which the responsibility and the independence of the editing policy of the broadcasts is endangered.

 

Article 60

 

The sponsored programs should not encourage the sales and the purchase of products or service from the sponsor or third parties, especially through advertising features within the sponsored programmes.

 

Article 61

 

News and other informative programmes cannot be sponsored, as well as programs of political and religious nature.

 

4. The right of response and correction

 

Article 62

 

A physical person or a legal entity concerned by the factual state or profit in a radio or TV programme has the right to response.

The response should be brief and limited to facts, submitted within 30 days from the day of broadcasting, presented in written form and signed by the person concerned or his legal representative.

The broadcasting organisation must feature the response in the shortest-term possible, or in the next edition of the same programme, without compensation, in order to present the controversial factual statement to the general audience.

It is hot allowed to present the simultaneous comment on the response after the announced information.

 

Article 63

 

Everyone is entitled to the right of claiming from the broadcasting organisation to present the correction to the information, which damages the dignity and the reputation, as well as the rights and the interests of the citizen, organ or organisation.

The person submitting the correction is obliged to identify the information, which undergoes correction, as well as the time of broadcasting.

The correction must be solely based on the data, which reject the allegations presented in the information.

The correction is presented without compensation.

The simultaneous presentation of a comment on the correction after the information is not allowed.

 

5. Access to information and protection of information sources

 

Article 64

 

The broadcasting organisation should be allowed access to the information available through:

-         monitoring of the work of state organs, municipalities, and other institutions and authorities or work activities of public interest;

-         covering cultural, sports and other events without special compensation in order to prepare and feature brief reports in the informative programs.

The broadcasting organisations can feature excerpts of programmes of other broadcasting organisations of paragraph 1, point 2 in this article without compensation in the duration of the information source.

The source of the presented information and materials researched by the journalists are protected, with the exception of revealing the source by a court decision.

 

6. Cable Radio-TV network

 

Article 65

 

At the particular area, the concession for a cable radio-TV network can be granted to only one concession holder.

The owner of the cable network must not distribute home productions or adverts, and can only use the cable system to broadcast test (experimental) picture, with the correct time, weather forecasts and informing the function and use of his cable system.

The owner of a cable network can simultaneously present radio & TV programs, in their original form and entirely in according to the granted concession, as well as domestic programmes produced for cable TV, if the producers have the concession.

The owner of a cable network cannot be a concession holder of a broadcasting organisation, nor a shareholder in a broadcasting organisation.

 

Article 66

 

The owner of a cable network can broadcast programs produced and featured in the Republic, under the conditions determined by law.

 

Article 67

 

The owner of a cable network where all technical opportunities are available cannot prevent connections if such is the request of the users and if they pay compensation.

 

Article 68

 

The owner of residential and business premises are required to allow the connection to a cable network at the request and expense of the tenants or the leaseholder of the premises.

The owner of the cable network or the owner of premises can seal the unused connections.

 

Article 69

 

The connected user of the cable network pays a special fee or compensation to the owner of the cable network depending on the scope or the type of TV, in a manner and under the conditions provided by their agreement.

 

VI FINANCING THE BROADCAST ACTIVITY

 

Article 70

 

The broadcasting organisations are financed by the performance of their activities, by donations and other income.

 

Article 71

 

A broadcasting fee is established for providing of the general conditions of article 7 in this law.

 

Article 72

 

Every user of a radio or TV receiver pays the broadcasting fee.

At the exception in paragraph 1 of this article, the Government of Republic of Macedonia, at the proposal of the Council shall determinate which users of radio and TV receivers, as well as which areas, covered by a poor radio/TV signal, shall not pay the broadcasting fee.

A family household, as a user, regardless of the number of radio/TV receivers owned, pays only one fee.

Enterprises and other legal entities, except for the state officials and the educational organisation and the public health organisations pay the broadcasting fee on every radio and TV receiver they own, as well as for every receiver built in their vehicles.

At the exception of paragraph 4 of this article, the hotels and the other facilities and social institutions pay only one broadcasting fee per 10 rooms equipped with radio/TV receivers, and every other legal or physical person, except for the broadcasting organisations, pays a single fee per 20 employees whose offices are equipped with radio/TV receivers. The users from paragraph 4 and 5 in this article, who own only radio receivers pay 1/3 of the established amount of the broadcast fee.

 

Article 73

 

The broadcasting fee is paid every month, at the amount of 2.5% from the average net monthly salary paid in the Republic of Macedonia in the previous three months.

The amount of the fee of paragraph 1 in this article is corrected by the Council according from the data issued by the Statistic Institute on the amount of the average net monthly pay in the economy paid in the previous 3 months and inform the general audience.

 

Article 74

 

The register of users of radio/TV receivers is kept by the public broadcast enterprise of article 9, paragraph 3 in this law.

The users are obliged to inform the enterprise of every change in the use of radio/TV receivers as of paragraph 1 in this article within 15 days of the day of change.

 

Article 75

 

The broadcast fee is collected by the bill of electricity according to the register (of users of radio/TV receivers) kept by the enterprise (article 74, paragraph 1 in this law.)

The user of electricity who does not own a radio/TV receivers is not liable to the obligation of paying the broadcast fee if he proves to the enterprise of article 74, paragraph 1 of this law that he does not own or does not use a radio/TV receiver, where the enterprise issues a special certificate.

The broadcast fee for the built-in vehicle receivers of article 72, paragraph 4 of this law is collected at the registration of the vehicle by the authorised organisation, in the annual amount.

The electricity bill indicates the amount and the month for which the broadcast fee is paid.

 

Article 76

 

The resources form the fee collections are placed onto a separate collective account at the payment operation service with the relevant users in accordance to this law.

In relation to enforced collections, the interest and the invalidity of the obligation of paying the broadcast fee, the provisions of the Personal Income Tax Law apply unless otherwise provided by another law.

 

Article 77

 

The collected resources of the fee determined for the purposes of article 7 in this law are distributed according to the following criteria:

-         61% to the public broadcasting enterprise performing on the territory of Republic of  Macedonia for creating and broadcasting programs of state interest;

-         16,5% for the growth, maintenance and utilisation of the base broadcasting network;

-         7,5% for development and technical equipment of the public broadcasting enterprise on the territory of Republic of  Macedonia;

-         5% for the public broadcasting enterprises performing at a local level and

-         10% for creating and broadcasting programs of public interest of the commercial broadcasting companies and independent producers.

 

Article 78

 

The Government of Republic of Macedonia makes the decision of distribution of the resources of article 77, point 4 in this law according to separate users at the Council's proposal.

The Government of Republic of Macedonia makes the decision of distribution of resources of article 77, point 5 according to separate users at the Council's proposal on the grounds of the applied procedure of public advertising, taking into account the public multicultural interest of the citizens.

 

Article 79

 

The programmes of the public broadcasting organisations at a local level are financed by the budget of the municipal units, as well as other sources determined by this law or by an agreement.

 

Article 80

 

The commercial broadcasting companies provide their revenue of performing their activities on the grounds of broadcasting commercial programs, advertisement, resources obtained on the basis of a mutual agreement with the users of their services, as well as other sources provided by this law.

 

Article 81

The broadcasting organisation, besides the revenue from the programs determined by this law, obtain recourses from home video, audio and film production, as well as from concerts, public musical and stage production and other contents within their activities.

 

VII SUPERVISION

 

Article 82

 

The supervision over the implementation of this law in terms of constructions, maintenance and utilisation of the broadcasting network and the resources, is carried out by the Ministry of Transport and communications according to the provisions of this law and the Law on Telecommunications through the Republic Inspection office of transport and communications.

 

Article 83

 

The Council makes sure of the proper implementation of the provisions of this law in terms of producing broadcasting features as well as of the realisation of agreements on concession.

 

Article 84

 

The authorised inspection offices in the relevant ministries within their authority in the manner and at the procedure provided by law, at the Council proposal, takes action against the broadcasting organisations that violate this law.

Against this decision in paragraph 1 in this article, the appeal is submitted to the relevant commissions of the Government of Republic of Macedonia for administrative decisions in the second degree.

The appeal does not postpone the enforcement of decisions of paragraph 2 in this article.

 

VIII PUNITIVE PROVISIONS

 

Article 85

 

100,000 - 300,000 denars fine is paid by a broadcasting organisation for the offence if:

1)      they perform broadcasting activities unregistered at court (article 12);

2)      they perform broadcasting activities without concession and contrary to the conditions determined by article 13 in this law;

3)      they perform broadcasting activities outside the area where the concession is granted;

4)      the granted  concession is transferred to a third party;

5)      performs activities without programme or broadcasts and distributes to the provision in articles 31, 32, 33, 35 and 47;

6)      at the request of the authority refuses to broadcast reports, warnings related to natural disasters and illnesses;

7)      broadcasting organisation re-broadcasts programmes of other broadcasting organisation contrary to the established conditions;

8)      broadcast programs without conforming to the requirements on languages use;

9)      broadcast programs contrary to the granted concession of cable network or is a concession holder of radio or TV, is a shareholder of a broadcasting organisation.

The fine of 30,000 to 50,000 den shall be paid by the offender of paragraph 1 in this article by the responsible person in the broadcasting organisation or another legal entity.

For the offence of paragraph 1, point 4,5,9 the protective measure - prohibition of broadcasting in the period of 6 months up to a year can be taken.

 

Article 86

 

The fine of 30000 to 100000 den shall be paid by the broadcasting organisation if:

1)      they do not start the concession activity within the time limit determined by the agreement, or offers inaccurate date in obtaining the concession;

2)      broadcast programme contrary to determined schedule (article 37 and 41);

3)      in broadcasting programs does  not provide the necessary data (article 39);

4)      does not keep a diary of  programs and does not keep  the materials recorded by the deadline (article 40);

5)      does not provide equal term of promotion of political programs in the election campaign (article 44);

6)      broadcast advertisements or sponsored programmes contrary to the provision in articles 48-61;

7)      refuses the broadcast of a response to a statement (article 62, point 3);

8)      refuses the broadcast of a correction to an information;

9)      broadcast excerpts of program of other broadcasting organisation contrary to the condition in article 64, paragraph 2;

10)  the owner of the cable network distributes personal programme or advertisement;

11)  does not allow the connection to the network (article 67);

12)  does not act according to duties in articles 82,83 in this law.

The fine of 5000 to 30000 den is paid for the offence by the responsible person at the broadcasting organisation or another legal entity.

For offences in paragraph 1, point 1,5,7,9 in this article the prohibition of broadcast is within 3 months up to a year.

 

IX  Transitive and final provisions

 

Article 87

 

Within 45 days of this law coming into force, the Parliament of Republic of Macedonia will elect the members of the Council.

Until the constituting of the Council, the Ministry of Transport and communications shall inform the public of the amount of the broadcast fee.

 

Article 88

 

Within 2 months of enforcement, the Ministry of Transport and communications shall submit the technical parameters to the Council (article 11, point 3)

Within 4 months of enforcement, the Council shall prepare the programme of cover with a quality signal in areas with poor reception.

 

Article 89

 

Within 4 months of enforcement, the Council shall propose the Government of Republic of Macedonia on the public offer advertisement of concessions for commercial broadcasting companies.

Within 6 months of enforcement, the Council will prepare the concession proposed, and within one month, the Government of Republic of Macedonia will decide on granting concessions.

 

Article 90

 

The commercial broadcasting companies that will not obtain the concession of broadcasting activities shall stop their work at the closing of concession process, article 89 in this law.

 

Article 91

 

The work and activities of the Macedonian Radio Television as an authorised broadcasting organisation in terms of development and maintenance of the broadcasting network (transmitters and lines) and production of programmes as a public broadcaster on the territory of Republic of Macedonia, shall be continued up to the creation of a separate law.

 

Article 92

 

The current local radio stations formed by the Broadcasting law (Gazette no 20/74) continue their work as public broadcasting enterprises at a local level.

The municipalities, as the city of Skopje are obliged to bring the work of the radio station in compliance to the provision of this law, within 9 months of the day it comes into force.

 

Article 93

 

The paying of the broadcast fee in the manner determined by article 73 paragraph 1 in this law will start from the following month of the enforcement.

 

 

 

 

 

 

 

 

 

 

 

 


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