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Law on Mass Media

25 March 1994

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Article 3

The State of Slovenia supports the development of non-commercial mass media that are important for the citizens of Slovenia in exercising the right to be informed and for the preservation of Slovene national and cultural identity; mass media meant to inform the Italian and Hungarian ethnic communities and Slovene national minorities in Italy, Austria and Hungary; and for the development of the technical infrastructure necessary for these mass media to be published and broadcast.

The State of Slovenia supports the development of non-commercial mass media for blind and deaf citizens of Slovenia, and the technologies that are adopted for their use so that they can exercise their right to be informed; and the development of the technical infrastructure necessary for these mass media to be published and broadcast.

The Government of the Republic of Slovenia shall issue special regulations governing the way and criteria for the co-financing of the mass media from Paragraphs 1 and 2 of this article.

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Article 28

Advertisements and other paid information are published in the mass media and in other forms of public information in the Slovene language except in cases when a means of the mass media appears in a foreign language.

The provision from the previous Paragraph does not hold true for territories of mixed ethnic character where Italian and Hungarian language respectively are official languages apart from Slovene.

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Article 40

The publisher of daily press and real as well as juridical persons or a group of persons who are the owners or co-owners of the publisher of the daily press cannot set up their own RTV organization or create, prepare and broadcast RTV programmes nor can they have more than 10 % of the shares or more than 10 % of the rights of management in another publisher of a daily press or RTV organization.

An RTV organization as well as real and juridical persons or a group of persons who are the owners of an RTV organization cannot publish their own daily press or set up an enterprise, a company, or an institution for publishing a daily press, or have more than 10 % of the shares or more than 10 % of the rights of management in the publisher of a daily press or other RTV organization.

The limits from the first Paragraph of Article 39, pertaining to the ownership shares do not hold true for the funds from Article 22 of the Law on ownership transformation of enterprises (Official Gazette RS, no. 55/92, 7/93 and 31/93).

An individual RTV organization can create, prepare and broadcast only radio or only television programmes unless otherwise determined by the law.

Regardless of the provisions of this Law an institution, set up by a self-governing ethnic community or Studentís organization, can register to publish the press and other forms of public informing and to create, prepare and broadcast RTV programmes.

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Article 52

Should there be multiple applicants for the same radio-diffusion channel the priority in getting a free channel will go to the RTV organization the broadcasting of which will include:

- a national RTV programme or a local non-commercial programme,
- an RTV programme that would be an addition to the contents of an already existent RTV programme in a certain territory,
- an RTV programme having a prevailing part of its own production in the Slovene, Italian or Hungarian language, on the territory of communities populated by Italian and Hungarian national minorities respectively,
- a politically independent RTV programme.

While creating the proposal the council takes the following things into consideration:

- the variety of the programme offer
- the level of radio-diffusion development in a certain environment,
- the opinion of a competent body of the local community regarding arguments in favour and against the covering of a certain territory with a new RTV programme,
- the economic position of the applicant (the capability of financing said activity) and technological competence to broadcast an RTV programme,
- the number of potential users (spectators and listeners),
- the previous experience of the applicant in the field of radio-diffusion,
- the duration (quantity) of the programme,
- the willingness of the applicant to share the radio-diffusion channel with other Slovene RTV organization.

In obtaining a radio-diffusion channel for a local RTV programme priority is assigned to the RTV organization with a seat on the territory of the local community for which the programme is meant and which is not the owner of a cable-distribution system. An RTV organization is not allowed to give up its radio-diffusion channel to another RTV organization.

Before putting forward the proposal the Council is to get the opinion of the administration body of the Republic competent for traffic and communications regarding conformity to international plans and other technical conditions for the acquisition of a radio-diffusion channel.

Apart from the data determined by regulations governing radio communications, the applicant must present to the Council the data from Article 42 of this law.

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Article 67

The importation of the foreign press is free.

The foreign press can be imported to the Republic of Slovenia by entrepreneurs and juridical persons registered for the distribution of the press with the intention of distributing this press.

A self-governing ethnic community may import Italian and Hungarian press respectively for their own needs.

Foreign press meant for distribution at trade fairs, cultural, scientific, economic, sports and similar events in the Republic of Slovenia may be, apart from by the persons from the previous Paragraph, also imported and distributed on these events by the organizers of the events as well as by the Slovene and foreign organizations taking part in the event.

Article 68

The responsibility for RTV programmes or parts of a programme (broadcast) that are component parts of the Slovene RTV organization is borne according to this law by the Editor-in-Chief of the programme which broadcasts a foreign programme. Foreign programmes or parts of programmes must be translated into Slovene unless national minority RTV programmes of the Italian and Hungarian ethnic communities respectively are concerned.

An RTV organization in the Republic of Slovenia may exceptionally broadcast programmes without translating them into Slovene in the following cases:

- it may broadcast individual parts of programmes if it is inevitably necessary to retain the topical issue of the information, direct transmissions and authenticity of events and if subtitling is not possible,
- it may broadcast parts of the programmes meant for foreigners in the Republic of Slovenia or for foreign public,
- it may broadcast parts of programmes meant for education.

An RTV organization must announce the programmes from the previous Paragraph in Slovene and explain the reasons for not translating the programme into Slovene.

Foreign programmes distributed by cable operators in compliance with the second Paragraph of Article 55 do not need to be translated into the Slovene language.

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Source: Report submitted by the Republic of Slovenia pursuant to Art. 25 Para. 1 of the Framework Convention for the Protection of National Minorities
http://www.humanrights.coe.int/minorities/Eng/FrameworkConvention/StateReports/2000/slovenia/slovenia.html#annex2


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