1. What is the Radio and Television Commission of Lithuania (RTCL)?
The Radio and Television Commission of Lithuania (the “RTCL”) is an independent body accountable to the Seimas and responsible for the regulation and oversight of the activities of radio and/or television broadcasters, providers of on-demand audiovisual media video-sharing platform services falling under the jurisdiction of the Republic of Lithuania as well as the oversight of the activities of re-broadcasters operating in Lithuania and of the persons disseminating television programmes and/or individual programmes via the Internet. The RTCL participates in the national audiovisual policy-making. It acts as an expert of the Seimas and the Government on all matters related to radio and television broadcasting and re-broadcasting, dissemination of television programmes and/or individual programmes via the Internet, and provision of on-demand audiovisual media and video-sharing platform services. In the process of performing its functions and taking decisions within its competence, the RTCL is independent from other influences, is impartial and follows the principles of media pluralism, diversity of cultures and languages, consumer protection, accessibility, non-discrimination, proper functioning of the internal market, and promotion of fair competition.
2. Composition of the RTCL. Who can be a member of the RTCL?
Paragraph 4 of Article 47 of the Law on Provision of Information to the Public sets out that the Radio and Television Commission of Lithuania is made up of 11 members: two members are appointed by the President of the Republic, three members (one from the opposition political groups) by the Seimas on proposal by the Committee on Culture, three members by the Lithuanian Association of Artists, one member by the Catholic Bishops’ Conference of Lithuania, one by the Lithuanian Union of Journalists, and one by the Lithuanian Society of Journalists.
Only a Lithuanian national of impeccable reputation may serve as a member of the RTCL. A member is also required to hold a university degree and have at least 5 years of work experience in the field of audiovisual policy, public information production and dissemination, professional or academic experience in the field of public information, education, culture, science or human rights. Members of the RTCL are subject to the same criteria as those that apply to civil servants under the Law on Civil Service of the Republic of Lithuania and the same criteria define cases when an individual cannot be considered to be of impeccable reputation. An individual may not serve as a member of the RTCL if they were a member of any management body of an undertaking or organisation operating in a regulated sector and it has been less than a year since the end of their service, and/or may have an interest in these undertakings or organisations. Members of the RTCL are appointed for a term of four years and can serve as members for a maximum of two consecutive terms.
As per paragraph 9 of Article 47 of the Law on Provision of Information to the Public, members of the Seimas, the Government, members of the Council of the National Radio and Television of Lithuania, civil servants of political (personal) confidence, persons linked to broadcasters and re-broadcasters of radio and/or television programmes, other persons providing users of the Republic of Lithuania with the services of dissemination of television programmes and/or individual programmes via the Internet, providers of on-demand audiovisual media and video-sharing platform services through employment, copyright or other contractual relationship, also interest holders in radio and/or television broadcasters and re-broadcasters, other service providers disseminating television programmes and/or individual programmes via the Internet to Lithuanian consumers, providers of on-demand audiovisual media and video-sharing platform services and heads of the institutions and organisations appointing them as well as staff of the RTCL’s administration may not serve as members of the Radio and Television Commission of Lithuania. The chairman and the deputy chairman of the RTCL may not work in business, commercial and other agencies, enterprises and organisations, may not receive any other remuneration except for earnings fixed for the position held and remuneration for research, pedagogical work as well as remuneration for creative activities not related to broadcasters and re-broadcasters of radio and/or television programmes, other persons providing users of the Republic of Lithuania with the services of dissemination of television programmes and/or individual programmes via the Internet, on-demand audiovisual media and video-sharing platform services and/or their participants.
No individual may be a member of the RTCL if their close persons, as they are defined in the Law on the Adjustment of Public and Private Interests, are connected to radio and/or television broadcasters, re-broadcasters, other persons engaged in the dissemination of television programmes and/or individual programmes via the Internet to Lithuanian users and provision of on-demand audiovisual media and video-sharing platform services through employment, copyright or other contractual relationship, or are participants in radio and/or television broadcasters, re-broadcaster, other persons engaged in the dissemination of television programmes and/or individual programmes via the Internet to Lithuanian users and providers of on-demand audiovisual media and video-sharing platform services. Members of political parties are required to suspend their party membership, if appointed to the RTCL, and activism in the party until the end of their term of office in the RTCL.
3. What is the decision-making process at the RTCL?
The RTCL may take decisions in its meetings or conference meetings. Paragraph 13 of Article 47 of the Law on Provision of Information to the Public stipulates that decisions of the RTCL are taken by an open, simple majority vote of all the members of the RTCL with the exception of the decisions listed below which shall require at least 2/3 majority vote of all the members to pass:
4. How often does the RTCL meet and who can attend the meetings?
Paragraph 11 of Article 47 of the Law on Provision of Information to the Public stipulates that meetings are called by the chairman of the RTCL no less than once a month at their own initiative, or if a meeting is requested by at least 1/3 of the members of the RTCL. All meetings of the RTCL are open to the public meaning that any person concerned may attend the meeting. A meeting may be held behind closed doors if decided so by at least 2/3 of the members attending the meeting where there is a need to protect the privacy or property of an individual, also in cases where a public meeting would risk disclosing state, professional or commercial secrets.
5. How does the RTCL organise its work?
As per paragraph 15 of Article 47 of the Law on Provision of Information to the Public, all operations of the RTCL are supported by the administration of the RTCL. The chairman of the RTCL also serves as the head of administration. The chairman manages operations in accordance with the Regulations of the RTCL. The RTCL transacts its business by way of meetings and conference meetings.
6. When does the RTCL take decisions at conference meetings?
The process of holding meetings and conference meetings is defined in the Rules of Procedure of the RTCL (the “Rules of Procedure”). Clause 61 of the said Rules of Procedure stipulates that the chairman may call conference meetings at a frequency the chairman sees fit depending on the number of matters to address, the relevancy and importance of these matters. Clause 93 of the Rules of Procedure also stipulates that members of the RTCL may take decisions of a general nature at a conference meeting, save for the decisions listed in paragraph 13 of Article 47 of the Law on Provision of Information to the Public which can only be taken at a meeting of the RTCL. Decisions at conference meetings are taken by an open, simple majority vote of all the members of the RTCL. It is important to mention that conference meetings are closed to the public unless the RTCL decides otherwise. Hence, at discretion of the chairman and having regard to the number, relevancy and importance of the matters to be discussed, a conference meeting may take all decisions, except for the ones listed below which require at least 2/3 of the votes by the members attending a meeting of the RTCL:
Updated: 2022-10-31
7. What radio and television broadcasting requires a licence?
The following activities of radio and/or television broadcasting in Lithuania require a licence:
1. Radio and television broadcasting over a terrestrial radio station or a network of terrestrial radio stations;
2. Television broadcasting over a terrestrial TV station or a network of terrestrial TV stations;
3. Television broadcasting over the cable TV networks;
4. Television broadcasting over the Multichannel Multipoint Distribution Service (MMDS) networks;
5. Television broadcasting over the electronic communication networks the main purpose of which is not radio and/or television broadcasting and/or programme broadcasting and/or re-broadcasting with the exception of television broadcasting over the mass media (Internet websites, pages) or video-sharing platforms;
6. Television broadcasting over a man-made Earth satellite (satellites).
8. Who can engage in the activities of radio and/or television broadcasting in Lithuania?
Broadcasting licences may only be issued to legal entities established in the Republic of Lithuania and the European Economic Area, unless the circumstances laid down in the Law on Provision of Information to the Public exist, in which case the RTCL has to deny a broadcasting licence.
9. How do you start the activities of radio and/or television broadcasting?
Persons may engage in the licensed activities of radio and television broadcasting in Lithuania only where the appropriate licence has been obtained as provided for in the Law on Provision of Information to the Public and the Rules for the licensing of broadcasting activities and re-broadcast content approved by Order No ĮV-281 of 1 April 2011 of the Minister of Culture of the Republic of Lithuania. Broadcasting licences are issued for an indefinite period of time; licence terms and conditions are public. Broadcasting licences are issued by the RTCL in accordance with the provisions of the Law on Provision of Information to the Public and the Rules for the licensing of broadcasting activities and re-broadcast content. Broadcasting licences are issued by way of a competition except in the following cases where a broadcasting licence is issued without a competition:
The RTCL announces licence competitions:
Decisions of the RTCL relating to competitions are public and available on the RTCL’s website at https://www.rtk.lt/lt/atviri-duomenys/konkursai.
10. How to get a radio and/or television broadcasting licence?
Persons wishing to obtain a broadcasting licence have to submit an application to the RTCL. The model application and the requirements that apply to its submission are defined in the Rules for the licensing of broadcasting activities and re-broadcast content.
11. What are the fees payable in order to start radio and/or television broadcasting and the fees payable once radio and/or television broadcasting has been started?
The issuance of, modifications to or specifications of a broadcasting licence are subject to a state fee payable to the national budget in the amount specified in the List of specific state fees approved by Resolution No 1458 of 15 December 2000 of the Government of the Republic of Lithuania On the approval of the List of specific state fees and payment and refunding of state fees.
Clause 3.151 of the List of specific state fees specifies the following state fees:
The appropriate state fee for the issuance of a broadcasting licence has to be paid to the national budget by the winner of the competition only, or the person who was issued the licence without a competition. The state fee is payable to the national budget by transferring the funds into the dedicated bank account of the State Tax Inspectorate with a payment numeric reference 5710 (for the services provided by other institutions included in the national budget).
Having paid the appropriate state fee, the radio and/or television broadcaster has to produce a document to the RTCL confirming payment.
All radio and/or television broadcasters that generate revenue from the broadcasting of radio and/or television programmes are required to pay a fee equal to 0.8% on their revenue from audiovisual commercial communications, advertising, subscription fee and other activities related to the broadcasting of radio and/or television programmes to finance the activities of the RTCL. This fee is payable to the account No LT32 7044 0600 0798 2622 of the RTCL acting as a budgetary establishment. Radio and television broadcasters are required to pay an annual fee for the activities of radio and/or television broadcasting (the “Annual Fee”) to finance the activities of the Association of Ethics in the Provision of Information to the Public. The procedure for setting and paying the Annual Fee is defined in the Descriptor of the procedure for setting the annual fee for radio and/or television broadcasting, re-broadcasting, dissemination via the Internet and on-demand audiovisual media services approved by Order No ĮV-318 of 21 April 2011 of the Minister of Culture.
12. Is it possible to suspend, on a temporary basis, the activities of licensed radio and/or television broadcasting?
A licence holder must report the expected cessation of the licensed radio and/or television broadcasting activities to the RTCL at least 30 days before the effective day of cessation. A licence holder may, where consent from the RTCL has been received, suspend the licensed activities of radio and/or television broadcasting on a temporary basis but in any event for a period not exceeding 3 months.
13. Is it possible to modify the terms and conditions of a licence issued by the RTCL? What action needs to be taken?
The procedure of modifying the terms and conditions of a broadcasting or re-broadcast content licence is laid down in the Descriptor of the procedure for modifying the terms and conditions of broadcasting and re-broadcast content licences approved by Decision No KS-101 of 18 May 2016 of the RTCL.
A broadcasting licence holder who wishes to have the terms and conditions of their licence modified has to submit a reasoned application to the RTCL specifying the following information:
1. the number of the licence concerned;
2. the reasons requiring modifications to the terms and conditions;
3. the specific terms and conditions covered by the request for modifications;
4. the terms and conditions to replace the existing terms and conditions of the licence. If the licence holder asks for modifications to the structure and contents of a radio or television programme, the licence holder shall also be required to produce the following:
4.1. in the case of a national radio or television broadcaster—details of a sociological (representative) survey done on radio or television audiences; in the case of a regional broadcaster or local radio and/or regional programme broadcaster—details of sociological surveys done by the broadcaster or other persons, and/or other data about the audience of the radio programme or television programme;
4.2. an impact assessment done by the broadcaster or other persons as to how changes in the structure and contents of the radio or television programme will affect the listeners of the radio programme or viewers of the television programme.
5. A reasoned application for modifications to the terms and conditions of the licence has to be accompanied by the documents (if any) supporting the reasons for modifications to the terms and conditions of the licence (for example, business plan, audited balance sheet, contracts, etc.).
14. Who can engage in the unlicensed activities of radio and/or television broadcasting?
The conditions of the unlicensed activities of radio and/or television broadcasting are defined in the Law on Provision of Information to the Public, Rules for the licensing of broadcasting activities and re-broadcast content, Descriptor of the procedure for providing information about activities approved by Decision No KS-167 of 15 September 2015 of the RTCL. Persons may engage in the unlicensed activities of radio and/or television broadcasting in Lithuania only with prior notification of the RTCL subject to the terms and conditions of the Rules for the licensing of broadcasting activities and re-broadcast content.
The unlicensed activities of radio and/or television broadcasting in Lithuania may be pursued by legal entities established in the Republic of Lithuania and the European Economic Area, unless the circumstances laid down in the Law on Provision of Information to the Public exist, in which case the RTCL has to deny the right to engage in the unlicensed activities of radio and/or television broadcasting in Lithuania.
15. How to notify the RTCL of the start of the unlicensed broadcasting of a radio and/or television programme?
A person who wishes to notify of the start of the unlicensed broadcasting of a radio and/or television programme has to follow the requirements set out in the Descriptor of the procedure for providing information about activities (the “Descriptor”). Prior to the start of the unlicensed broadcasting of a radio and/or television programme, the person wishing to do so needs to produce to the RTCL a Notice of the start of the unlicensed broadcasting of a radio or television programme (Appendices 1 and 2 of the Descriptor), or electronically via the RTCL’s secure access online data provision information system (DPIS). A separate Notice must be provided for each of the radio and television programmes intended to be broadcast (Appendix 1, Appendix 2). Any such Notice to the RTCL needs to be accompanied by duly certified copies of the notifying person’s documents of incorporation (incorporation agreement (memorandum), articles of association (regulations), certificate of incorporation), or a copy of the identity document of the authorised person (where the notifying person is a natural person), also a completed copy of the Notifying Person’s Declaration specified in the Rules for the licensing of broadcasting activities and re-broadcast content. Notifying persons may start the unlicensed activities of radio and/or television broadcasting the next day after the day of the notice to the RTCL, or on the day specified in the notice if the start date of their activities is later than the day of the notice delivered to the RTCL.
16. What are the fees payable for the unlicensed activities of radio and/or television broadcasting?
All radio and television broadcasters that generate revenue from the broadcasting of radio and/or television programmes are required to pay a fee equal to 0.8% on their revenue from audiovisual commercial communications, advertising, subscription fee and other activities related to the broadcasting of radio and/or television programmes to finance the activities of the RTCL. This fee is payable to the account No LT32 7044 0600 0798 2622 of the RTCL acting as a budgetary establishment.
Radio and television broadcasters are required to pay an annual fee for the activities of radio and/or television broadcasting (the “Annual Fee”) to finance the activities of the Association of Ethics in the Provision of Information to the Public. The procedure for setting and paying the Annual Fee is defined in the Descriptor of the procedure for setting the annual fee for radio and/or television broadcasting, re-broadcasting, dissemination via the Internet and on-demand audiovisual media services.
17. Is it mandatory to report changes to the information provided in the Notice of the start of the unlicensed broadcasting of a radio or television programme to the RTCL?
Persons must report all changes to the information provided in the notices of the start of the unlicensed broadcasting of a radio or television programme, appendices 7 and 8 of the Descriptor of the procedure for providing information about activities (the “Descriptor”) and/or via the secure access online data provision information system (DPIS) in writing to the RTCL (by completing only the appropriate clauses specified in Appendices 7 and 8 of the Descriptor) or via the DPIS (by modifying the appropriate information in the forms) no later than within 10 working days from the day of these changes.
Persons must report all changes to the details of a management body of the entity and their members and/or participants to the RTCL no later than within 10 working days from the effective date of these changes (by providing information specified in Appendices 16 and/or 17 of the Descriptor, or via the DPIS by completing the following forms: Operator’s participants (shareholders, stakeholders, etc.) and/or Operator’s management bodies and their members.
Persons must report all changes to the operator’s documents of incorporation, legal form, registered address and/or name, authorised representative and/or information about the authorised representative, mailing address, e-mail address, website address and telephone number to the RTCL no later than within 10 working days from the effective date of these changes and, where possible, shall do so via the DPIS, and produce copies of the amended documents to the RTCL.
18. Is it possible to suspend, on a temporary basis, the unlicensed activities of radio and/or television broadcasting?
Neither the provisions of the Law on Provision of Information to the Public relating to the regulation of the unlicensed activities of radio and/or television broadcasting nor of the Descriptor of the procedure for providing information about activities provide for a possibility to suspend, on a temporary basis, the unlicensed activities of radio and/or television broadcasting and the validity of notices about unlicensed activities.
19. How to notify the RTCL of the cessation of the unlicensed activities of radio and/or television broadcasting?
A person who wishes to terminate the unlicensed activities of radio, television broadcasting must notify the RTCL in writing of this intention (by completing the appropriate information in Appendices 7 and 8 of the Descriptor of the procedure for providing information about activities) or via the secure access online data provision information system (DPIS) maintained by the RTCL (by completing the appropriate clause of the form for the specific activity) and specify the effective day of cessation.
Updated: 2022-10-31
20. Who can engage in the activities of radio and/or television re-broadcasting in Lithuania?
Re-broadcast content licences may only be issued to legal entities established in the Republic of Lithuania and the European Economic Area, unless the circumstances laid down in the Law on Provision of Information to the Public exist, in which case the RTCL has to deny a re-broadcast content licence.
21. How to start the activities of radio and/or television re-broadcasting?
The licensed activities of radio and/or television re-broadcasting in Lithuania using the radio frequencies (channels) specified in the Plan for the assignment of radio frequencies for the broadcasting and transmission of radio and television programmes (the “Plan”) may only be pursued where a re-broadcast content licence has been obtained as provided for in the Law on Provision of Information to the Public and the Rules for the licensing of broadcasting activities and re-broadcast content. Re-broadcast content licences are issued for an indefinite period of time. The terms and conditions of the re-broadcast content licences so issued are public. Re-broadcast content licences are issued by the RTCL in accordance with the Law on Provision of Information to the Public and the Rules for the licensing of broadcasting activities and re-broadcast content. Re-broadcast content licences are issued by way of a competition.
22. How do you obtain a radio and/or television re-broadcast content licence?
Persons who wish to obtain a re-broadcast content licence have to submit an application to the RTCL. The model application and the requirements for its submission are set out in the Rules for the licensing of broadcasting activities and re-broadcast content.
23. What are the fees payable by the holder of a re-broadcast content licence?
The issuance of, modifications to or specifications of a re-broadcast content licence are subject to a state fee payable to the national budget in the amount specified in the List of specific state fees approved by Resolution No 1458 of 15 December 2000 of the Government of the Republic of Lithuania On the approval of the List of specific state fees and payment and refunding of state fees.
Clause 3.151 of the List of specific state fees specifies the following state fees:
The appropriate state fee for the issuance of a re-broadcast content licence has to be paid to the national budget by the winner of the competition only. The state fee is payable to the national budget by transferring the funds into the dedicated account of the State Tax Inspectorate with a payment numeric reference 5710 (for the services provided by other institutions included in the national budget).
Having paid the appropriate state fee, the radio and/or television re-broadcaster has to produce a document to the RTCL confirming payment.
All radio and/or television re-broadcasters that generate revenue from the re-broadcasting of radio and/or television programmes are required to pay a fee equal to 0.8% on their revenue from audiovisual commercial communications, advertising, subscription fee and other activities related to the re-broadcasting of radio and/or television programmes to finance the activities of the RTCL. This fee is payable to the account No LT32 7044 0600 0798 2622 of the RTCL acting as a budgetary establishment.
Radio and television re-broadcasters are required to pay an annual fee for the activities of radio and/or television re-broadcasters (the “Annual Fee”) to finance the activities of the Association of Ethics in the Provision of Information to the Public. The procedure for setting and paying the Annual Fee is defined in the Descriptor of the procedure for setting the annual fee for radio and/or television broadcasting, re-broadcasting, dissemination via the Internet and on-demand audiovisual media services.
24. Is it possible to modify the terms and conditions of a re-broadcast content licence issued by the RTCL? What action needs to be taken?
The procedure of modifying the terms and conditions of a re-broadcast content licence is laid down in the Descriptor of the procedure for modifying the terms and conditions of broadcasting and re-broadcast content licences. A re-broadcast content licence holder who wishes to have the terms and conditions of their licence modified has to submit a reasoned application to the RTCL specifying the following information:
1. the number of the licence concerned;
2. the clause or terms of the licence covered by the request for modifications;
3. the terms and conditions to replace the existing terms and conditions of the licence. If the licence holder asks to replace a television programme re-broadcast and specified in the licence, the licence holder must provide the following information about the television programme the re-broadcaster intends to re-broadcast and the replacement of the programme re-broadcast with another one:
3.1. name and nature of the television programme;
3.2. name of the broadcaster of the television programme;
3.3. the country of jurisdiction of the television programme broadcaster;
3.4. languages of broadcasting, source language and additional languages in which the television programme is to be re-broadcast (subtitled);
3.5. data (in a percentage or numeric format) reflecting the change in the balance of languages of the television programmes re-broadcast (classification of the television programmes re-broadcast into categories by language, i.e. programmes re-broadcast in an official EU language or non-EU language as provided for in paragraphs 5 and 6 of Article 34 of the Law on Provision of Information to the Public);
3.6. explanations as to the impact of modifications to the terms and conditions of the licence on the diversity of television genres being re-broadcast;
3.7. the duration of re-broadcasting of the television programme per day; if it is not intended to re-broadcast the television programme in question 24/7, an indication of the specific time frame of re-broadcasting needs to be provided (exact hours of the day);
3.8. information about whether the television programme is to re-broadcast based on conditional access.
25. Who can engage in the unlicensed activities of radio and/or television broadcasting in Lithuania?
The conditions of the unlicensed activities of radio and/or television re-broadcasting are defined in the Law on Provision of Information to the Public, Rules for the licensing of broadcasting activities and re-broadcast content, and the Descriptor of the procedure for providing information about activities approved by Decision No KS-167 of 15 September 2015 of the RTCL. Persons may engage in the unlicensed activities of radio and/or television re-broadcasting in Lithuania only with prior notification of the RTCL subject to the terms and conditions of the Rules for the licensing of broadcasting activities and re-broadcast content.
The unlicensed activities of radio and/or television re-broadcasting in Lithuania may be pursued by legal entities established in the Republic of Lithuania and the European Economic Area, unless the circumstances laid down in the Law on Provision of Information to the Public exist, in which case the RTCL has to deny the right to engage in the unlicensed activities of radio and/or television re-broadcasting in Lithuania.
26. How to notify of the start of the unlicensed re-broadcasting of a radio and/or television programme?
Any person who wishes to notify of the start of the unlicensed re-broadcasting of a radio and/or television programme has to follow the requirements set out in the Descriptor of the procedure for providing information about activities (the “Descriptor”). Prior to the start of the unlicensed re-broadcasting of a radio and/or television programme, the person who wishes to do so needs to produce to the RTCL a Notice of the start of the unlicensed re-broadcasting of radio or television programmes and/or individual programmes (Appendices 3 and 4 of the Descriptor), or electronically via the RTCL’s secure access online data provision information system (DPIS). Any such Notice to the RTCL needs to be accompanied by duly certified copies of the notifying person’s documents of incorporation (incorporation agreement (memorandum), articles of association (regulations), certificate of incorporation), or a copy of the identity document of the authorised person (where the notifying person is a natural person), also a completed copy of the Notifying Person’s Declaration specified in the Rules for the licensing of broadcasting activities and re-broadcast content.
27. What are the fees payable for the unlicensed activities of radio and/or television re-broadcasting?
All radio and television re-broadcasters that generate revenue from the re-broadcasting of radio and/or television programmes are required to pay a fee equal to 0.8% on their revenue from audiovisual commercial communications, advertising, subscription fee and other activities related to the re-broadcasting of radio and/or television programmes to finance the activities of the RTCL. This fee is payable to the account LT32 7044 0600 0798 2622 of the RTCL acting as a budgetary establishment.
Radio and television re-broadcasters are required to pay an annual fee for the activities of radio and/or television re-broadcasting (the “Annual Fee”) to finance the activities of the Association of Ethics in the Provision of Information to the Public. The procedure for setting and paying the Annual Fee is defined in the Descriptor of the procedure for setting the annual fee for radio and/or television broadcasting, re-broadcasting, dissemination via the Internet and on-demand audiovisual media services.
28. Is it mandatory to report changes to the information provided in the Notice of the start of the unlicensed re-broadcasting of a radio and/or television programme to the RTCL?
Persons must report all changes to the information provided in the Notices, Appendices 9, 10, 13 and 14 of the Descriptor of the procedure for providing information about activities (the “Descriptor”) and/or via the secure access online data provision information system (DPIS) in writing to the RTCL (by completing only the appropriate clauses specified in Appendices 9, 10, 13 and 14) or via the DPIS (by modifying the appropriate information in the forms) no later than within 10 working days from the day of these changes.
Persons must report all changes to the details of a management body of the entity and their members and/or participants to the RTCL no later than within 10 working days from the effective date of these changes (by providing the information specified in Appendices 16 and/or 17 of the Descriptor, or via the DPIS by completing the following forms: Operator’s participants (shareholders, stakeholders, etc.) and/or Operator’s management bodies and their members. Persons must report to the RTCL in writing and, where possible, via the DPIS any changes to the operator’s documents of incorporation, legal form, registered address and/or name, authorised representative and/or information about the authorised representative, mailing address, e-mail address, website address and telephone number no later than within 10 working days from the effective date of these changes and produce copies of the amended documents to the RTCL.
29. How to provide to the RTCL information about the radio and/or television programmes re-broadcast in the course of the re-broadcasting activities?
Persons may attach to the Notice the following mandatory information about the radio and/or television programmes and/or individual programmes expected to be re-broadcast:
1. if the Notice is submitted in a paper-based format by completing Clause 1.8 in Appendix 3 of the Descriptor of the procedure for providing information about activities, Clause 1.10 in Appendix 4 of the Descriptor, or no later than within one month from the start of operations in Lithuania by submitting the information provided in Appendices 13 and 14 of the Descriptor;
2. if the Notice is submitted via the secure access online data provision information system (DPIS) by completing form clauses Details of the radio programmes re-broadcast, Details of the television programmes and/or individual programmes re-broadcast, or no later than within one month from the start of operations in Lithuania by completing the said clauses in the appropriate forms of the DPIS.
30. How to notify the RTCL of the cessation of the unlicensed activities of radio and/or television re-broadcasting?
A person who wishes to terminate the unlicensed activities must notify the RTCL in writing of this intention (by completing the appropriate information in Appendices 9 and 10 of the Descriptor of the procedure for providing information about activities) or via the secure access online data provision information system (DPIS) (by completing the appropriate clause of the form for the specific activity) and specify the date of cessation.
Updated: 2022-10-31
31. Who can engage in the services of dissemination of television programmes and/or individual programmes via the Internet?
The conditions under which dissemination of television programmes and/or individual programmes via the Internet is possible are defined in the Law on Provision of Information to the Public, Rules for the licensing of broadcasting activities and re-broadcast content, Descriptor of the procedure for providing information about activities approved by Decision No KS-167 of 15 September 2015 of the RTCL. Persons may engage in the services of dissemination of television programmes and/or individual programmes via the Internet in Lithuania only with prior notification of the RTCL subject to the terms and conditions of the Rules for the licensing of broadcasting activities and re-broadcast content.
The services of dissemination of television programmes and/or individual programmes via the Internet in Lithuania may be provided by legal entities established in the Republic of Lithuania and the European Economic Area, unless the circumstances laid down in the Law on Provision of Information to the Public exist, in which case the RTCL has to deny the right to provide the services of dissemination of television programmes and/or individual programmes via the Internet in Lithuania.
32. How to notify of the start of the dissemination of television programmes and/or individual programmes via the Internet?
Any person who wishes to notify of the start of the services of unlicensed dissemination of television programmes and/or individual programmes via the Internet has to follow the requirements set out in the Descriptor of the procedure for providing information about activities (the “Descriptor”). Prior to the start of the unlicensed dissemination of television programmes and/or individual programmes via the Internet, the person who wishes to engage in these activities needs to produce to the RTCL a Notice of the start of the unlicensed dissemination of television programmes and/or individual programmes via the Internet (Appendix 5 of the Descriptor), or electronically via the RTCL’s secure access online data provision information system (DPIS). Any such Notice to the RTCL needs to be accompanied by duly certified copies of the notifying person’s documents of incorporation (incorporation agreement (memorandum), articles of association (regulations), certificate of incorporation), or a copy of the identity document of the authorised person (where the notifying person is a natural person), also a completed copy of the Notifying Person’s Declaration specified in the Rules for the licensing of broadcasting activities and re-broadcast content.
33. What fees are payable for the dissemination of television programmes and/or individual programmes via the Internet?
As per paragraph 6 of Article 47 of the Law on Provision of Information to the Public, all persons engaged in the dissemination of television programmes and/or individual programmes via the Internet to Lithuanian users that generate revenue form thee services of dissemination are required to pay a fee of 0.8% from the revenue from audiovisual commercial communications, advertising, subscription fees and other activities related to the dissemination of television programmes and/or individual programmes via the Internet, where the said fee shall be used to finance the activities of the RTCL. This fee shall be payable to the account No LT32 7044 0600 0798 2622 maintained by the RTCL.
Persons engaged in the dissemination of television programmes and/or individual programmes via the Internet to Lithuanian users are required to pay an annual fee for these activities (the “Annual Fee”) to finance the activities of the Association of Ethics in the Provision of Information to the Public. The procedure for setting and paying the Annual Fee is defined in the Descriptor of the procedure for setting the annual fee for radio and/or television broadcasting, re-broadcasting, dissemination via the Internet and on-demand audiovisual media services.
34. Is it mandatory to report changes to the information provided in the Notice of the start of the dissemination of television programmes and/or individual programmes via the Internet to the RTCL?
Persons must notify the RTCL in writing of any changes to the information provided in the Notice, Appendices 11 and 15 of the Descriptor of the procedure for providing information about activities (the “Descriptor”) and/or through the RTCL’s secure access online data provision system (DPIS) (by completing the appropriate clauses of Appendices 11 and 15 of the Descriptor), or via the DPIS (by amending the appropriate information in the forms) no later than within 10 working days from the effective date of the changes.
Persons must report to the RTCL all changes to an undertaking’s management bodies and their members and/or participants and changes to their details no later than within 10 working days from the effective date of these changes (by providing the information specified in Appendix 16 and/or Appendix 17 of the Descriptor, or via the DPIS by completing the following forms: Operator’s participants (shareholders, stakeholders, etc.) and/or Operator’s management bodies and their members). Persons must report all changes to the operator’s documents of incorporation, its legal form, registered address and/or name, authorised representative and/or information about the authorised representative, mailing address, e-mail address, website address and telephone number to the RTCL no later than within 10 working days from the effective date of these changes and, where possible, shall do so via the DPIS, and produce copies of the amended documents to the RTCL.
35. How to provide information to the RTCL about the television programmes disseminated via the Internet?
Persons may attach to the Notice the following mandatory information about the programmes and/or individual programmes expected to be disseminated:
1. if the Notice is submitted in a paper-based format, by completing Clause 1.10 of Appendix 5 of the Descriptor, or no later than within one month from the start of operations in Lithuania by submitting the information specified in Appendix 15 of the Descriptor;
2. if the Notice is submitted via the DPIS, by completing DPIS form clauses Details of the television programmes and/or individual programmes disseminated, or no later than within one month from the start of operations in Lithuania by completing the said clauses in the appropriate forms of the DPIS.
36. How to notify the RTCL of the cessation of the dissemination of television programmes and/or individual programmes via the Internet?
A person who wishes to terminate the unlicensed activities must notify the RTCL in writing of this intention (by completing the appropriate information specified in Appendix 11 of the Descriptor of the procedure for providing information about activities), or via the RTCL’s secure access online data provision information system (DPIS) (by completing the appropriate clause of the form dedicated to that particular activity) and specify the day of the expected cessation.
Updated: 2022-10-31
37. How to identify whether on-demand audiovisual media services are being provided?
The fact of provision of on-demand audiovisual media services is ascertained by the RTCL against the existence of certain aspects specified in the Guidelines on the regulation of on-demand audiovisual media services.
38. Who can engage in the provision of on-demand audiovisual media services?
The procedure of how an operator can engage in the provision of on-demand audiovisual media services is set out in Article 33 of the Law on Provision of Information to the Public and in the Rules for the licensing of broadcasting activities and re-broadcast content. The following main requirements can be pointed out which have to be met or implemented by a person who wishes to provide on-demand audiovisual media services:
Please note that both legal and natural persons may engage in the provision of on-demand audiovisual services.
39. How to notify of the start of provision of on-demand audiovisual media services?
Before engaging in the provision of on-demand audiovisual media services, a person who wishes to do so has to notify the RTCL of the start of the provision of on-demand audiovisual media services. The main requirements and rules on how to submit the appropriate notice are set forth in the Rules for the licensing of broadcasting and re-broadcast content and the Descriptor of the procedure for providing information about activities.
Clause 6 of the Descriptor of the procedure for providing information about activities specifies that information may be provided to the RTCL in writing by completing Appendix 6 of the Descriptor of the procedure for providing information about activities, or electronically via the secure access online data provision information system (DPIS) maintained by the RTCL. Therefore, on a case by case basis, a person who wishes to engage in the provision of on-demand audiovisual media services must submit the Notice using one of the following methods:
Any such Notice to the RTCL needs to be accompanied by duly certified copies of the notifying person’s documents of incorporation (incorporation agreement (memorandum), articles of association (regulations), certificate of incorporation), or a copy of the identity document of the authorised person (where the notifying person is a natural person), also a completed copy of the Notifying Person’s Declaration specified in the Rules for the licensing of broadcasting activities and re-broadcast content.
Please note that the provision of on-demand audiovisual media services to Lithuanian users may be started the next day after the day of the notice to the RTCL, or on the day specified in the notice if the start date of activities is later than the day of the notice to the RTCL.
40. What are the fees payable by the providers of on-demand audiovisual media services?
As per paragraph 16 of Article 47 of the Law on Provision of Information to the Public, all persons engaged in the provision of on-demand audiovisual media services to Lithuanian users that generate revenue from their activities are required to pay a fee equal to 0.8% on their revenue from audiovisual commercial communications, advertising, subscription fee and other activities related to on-demand audiovisual media services to finance the activities of the RTCL. This fee is payable to the account LT32 7044 0600 0798 2622 of the RTCL acting as a budgetary establishment.
Providers of on-demand audiovisual media services are required to pay an annual fee for the provision of on-demand audiovisual media services (the “Annual Fee”) to finance the activities of the Association of Ethics in the Provision of Information to the Public. The procedure for setting and paying the Annual Fee is defined in the Descriptor of the procedure for setting the annual fee for radio and/or television broadcasting, re-broadcasting, dissemination via the Internet and on-demand audiovisual media services.
41. How to notify the RTCL of the cessation of the provision of on-demand audiovisual media services?
As per Clause 14 of the Descriptor of the procedure for providing information about activities, a person who wishes to terminate their unlicensed activities must notify the RTCL in writing of this intention by completing the appropriate information specified in appendices of the Descriptor of the procedure for providing information about activities or via the secure access online data provision information system (DPIS) maintained by the RTCL.
On a case by case basis, a person who wishes to terminate the activities of the provision of on-demand audiovisual media services may notify the RTCL using one of the following methods:
Updated: 2022-10-31
42. What liability and sanctions can be expected if operators fail to notify the RTCL of the start of unlicensed radio and/or television broadcasting and/or re-broadcasting, provision of on-demand audiovisual media and video-sharing platform services, services of the dissemination of television programmes and/or individual programmes via the Internet, also if operators violate the requirements set out in the Law on the Protection of Minors against the Detrimental Effect of Public Information, terms and conditions of broadcasting and/or re-broadcast content licences and permits, including failure to comply with decisions of the RTCL?
Paragraph 5(2) of Article 48 of the Law on Provision of Information to the Public sets out that the RTCL may file a petition with Vilnius Regional Administrative Court asking the court to order the cessation of the activities of broadcasting, re-broadcasting, dissemination of television programmes and/or individual programmes via the Internet, provision of on-demand audiovisual media and video-sharing platform services, and of any other illegal activities if a person engaged in the unlicensed radio and/or television broadcasting, dissemination of television programmes and/or individual programmes via the Internet to Lithuanian users or a provider of on-demand audiovisual media and video-sharing platform services, or a re-broadcaster that does not use the radio frequencies (channels) set out in the Plan for the assignment of radio frequencies for the broadcasting and transmission of radio and television programmes for the purpose of re-broadcasting its radio and/or television programmes, had started their activities without prior notification to the RTCL as required under the aforementioned Law. Subject to paragraph 6 of the same article, having conducting an investigation and ascertained that the person engaged in the dissemination of television programmes and/or individual programmes via the Internet to Lithuanian users is engaged in these activities without prior notification to the RTCL as required under the aforementioned Law, the RTCL may:
1) issue mandatory orders to hosting service providers instructing them to remove, as soon as possible, all information stored by the hosting service provider and used to engage in the activities the RTCL was not notified of, or eliminate the possibility to access this information;
2) issue mandatory orders to providers of public electronic communication networks and/or public electronic communication service providers instructing them to remove the possibility to access the information that is used to engage in the activities not reported as required by law.
Paragraph 5 of Article 477 of the Code of Administrative Offences stipulates that unlicensed radio and/or television broadcasting and/or re-broadcasting, provision of on-demand audiovisual media and video-sharing platform services, dissemination of television programmes and/or individual programmes via the Internet with no prior notice to the RTCL of the start of operations or service provision is punishable by a warning or a penalty to natural persons or general managers of the undertakings engaged in unlicensed radio and/or television broadcasting and/or re-broadcasting, provision of on-demand audiovisual media and video-sharing platform services and dissemination of television programmes and/or individual programmes via the Internet, or some other responsible person, in the amount varying from one hundred and forty to six hundred euros.
Paragraph 5 of Article 79 of the Code of Administrative Offences stipulates that any violation of the requirements relating to public information marking and/or dissemination where this information may have a detrimental effect on the development of minors in radio and/or television programmes, individual programmes, catalogues of on-demand audiovisual media services entails a fine levied on general managers of the undertakings engaged in radio and/or television broadcasting and on-demand audiovisual media services, or some other responsible person, in the amount varying from five hundred and fifty to one thousand and five hundred euros.
Paragraph 1 of Article 477 of the Code of Administrative Offences stipulates that a violation of the requirements set out in the broadcasting and/or re-broadcast content licences and permits is punishable by a warning or a fine levied on general managers of the undertakings engaged in radio and/or television broadcasting and re-broadcasting, or some other responsible person, in the amount varying from one hundred and forty to six hundred euros.
Paragraph 3 of Article 477 of the Code of Administrative Offences stipulates that failure to comply with decisions of the RTCL is punishable by a warning or a fine levied on general managers of the undertakings engaged in radio and/or television programme broadcasting and re-broadcasting, provision of on-demand audiovisual media and video-sharing platform services and dissemination of television programmes and/or individual programmes via the Internet, or some other responsible person, in the amount varying from one hundred and forty to six hundred euros.
Updated: 2022-10-31
43. What public information is subject to restrictions on its release?
As per paragraph 1 of Article 7 of the Law on the Protection of Minors against the Detrimental Effect of Public Information, it is prohibited to directly disseminate information which has a detrimental effect on minors.
As Article 4 of the same Law stipulates, public information which has a detrimental effect on minors is information which may be detrimental to the mental or physical health of minors, their physical, intellectual, mental or moral development. The following public information is attributed to information which has a detrimental effect on minors:
Certain categories of information which has a detrimental effect on minors are prohibited from being disseminated and include information in which a person or a group of persons are ridiculed or humiliated on grounds of nationality, race, sex, origin, disability, sexual orientation, social status, language, religion, beliefs, views or on other similar grounds, also other information prohibited by law and pornographic in particular, information which promotes sexual abuse and exploitation of minors and/or presents gratuitous violence. It is also prohibited to disseminate information which has a detrimental effect on minors related to disclosure of personal data of a minor.
All other categories of information which has a detrimental effect are subject to restrictions on its release, i.e., this information can be disseminated only in strict compliance with the provisions of the Law on the Protection of Minors against the Detrimental Effect of Public Information—this public information may only be published in places that are closed to minors and/or at a time when minors cannot use the information, or where the technical measures applied make it possible for the individuals responsible for educating or supervising children restrict access to harmful public information by minors. As per paragraph 2 of Article 7 of the same Law, programmes and broadcasts disseminating information which has a detrimental effect on minors may be broadcast without employing the technical measures specified herein where the programmes and broadcasts are marked by indexes and broadcast at the appropriate times. Such programmes and broadcasts:
44. What public information is prohibited to be disseminated? Are there any exceptions related to public information prohibited to be disseminated?
Paragraph 4 of Article 4 of the Law on the Protection of Minors against the Detrimental Effect of Public Information stipulates that it is prohibited to disseminate information in which a person or a group of persons are ridiculed or humiliated on grounds of nationality, race, sex, origin, disability, sexual orientation, social status, language, religion, beliefs, views or on other similar grounds, also other public information prohibited by law and pornographic in particular, information which promotes sexual abuse and exploitation of minors and/or presents gratuitous violence.
Article 6 of the same Law also establishes an absolute ban on the dissemination of public information which has a detrimental effect on the development of minors where it is related to the disclosure of personal data:
1) which, in relation to criminal acts or other violations of the law, makes available to public the personal data of a minor who is not hiding from the law enforcement institutions or the court following the perpetration of the criminal act and who is the suspect, accused or convicted or a minor who has been a victim of a criminal act or other violations of the law, on the basis whereof his identity may be established;
2) which make available to the public the personal data of a minor who has mutilated himself or has attempted this, who has committed suicide or has attempted this, on the basis whereof his identity may be established;
3) whereby, in providing data about a minor, his dignity is degraded and/or his interests are violated;
4) in which, abusing the inexperience and credulity of minors, their opinions and assessments are presented in the context of negative social phenomena;
5) in which the image of the minor or some other personal details of the minor are presented in the context of negative social phenomena, except in cases when law enforcement authorities or law enforcement officers initiate or request, on a temporary basis (until the missing minor has been located), the distribution of the image and/or other essential personal details of the minor for the purpose of locating the minor.
45. What are the technical measures that can be used to protect minors against the detrimental effect of public information?
Clauses 11 and 18 of the Descriptor of the procedure for the marking and dissemination of public information which has a detrimental effect on the development of minors approved by Resolution No 1121 of 21 July 2010 of the Government of the Republic of Lithuania stipulate that television and radio programmes that disseminate public information which has a detrimental effect on the development of minors may only be aired if marked by an appropriate index and aired at an appropriate time (in the case of a television programme) or with prior speech-based warning (in the case of a radio programme), or at any time provided that the individuals responsible for educating and supervising children are given the possibility by the programme (television) broadcaster to employ technical measures to restrict access by minors to this public information.
Please note that no law provides for a single list of specific technical measures designed to protect minors against the detrimental effect of public information that can be used. Therefore, depending on the method of dissemination and in an attempt to protect minors against the detrimental effect of public information as effectively as possible, the following technical measures may be employed:
Other technical measures that ensure the proper protection of minors against the detrimental effect of public information may be a service offered by the re-broadcaster whereby certain content may only be accessed having entered the required security codes, or with parental controls activated on the TV screen.
Updated: 2022-10-31
46. Can audiovisual commercial communications (TV ads, sponsorship notifications, teleshopping offers, product placements) be broadcast in a foreign language (with no translation into Lithuanian or with no Lithuanian subtitles)?
Language requirements that apply to public information production and dissemination are set out in Article 34 of the Law on Provision of Information to the Public. Paragraph 2 of the said article stipulates that radio and/or television programmes with the total duration in a day of under 90 minutes have to be translated into Lithuanian, or shown with Lithuanian subtitles; if the total duration in a day is above 90 minutes – the programme must be translated into Lithuanian. Paragraph 21 of Article 2 of the Law on Provision of Information to the Public defines an audiovisual commercial communication as information disseminated by images with or without sound which is designated to promote, directly or indirectly, the goods, services or the image of a person engaged in economic and commercial activities (name, logo or some other sign of image) and which is included in a programme or user-created content, or disseminated together with the same, in return for payment or for similar consideration or for self-promotional purposes. Forms of audiovisual commercial communications shall include, inter alia, television advertising, sponsorship notification, teleshopping and product placement. Consequently, the transmission of audiovisual commercial communications in a foreign language (with no translation into Lithuanian or Lithuanian subtitles) is not possible.
47. The broadcasting of what types of audiovisual commercial communications does the RTCL supervise?
The RTCL supervises the airing of audiovisual commercial communications and advertising when these communications and advertising are transmitted by the operators overseen by the RTCL, i.e., on television, radio and television and radio programmes transmitted via the Internet, and only for the purpose of ensuring compliance with the provisions of the Law on Provision of Information to the Public.
In certain cases, however, depending on the nature of audiovisual commercial communications and advertising, the Law on Provision of Information to the Public provides for exceptions when the requirements for audiovisual commercial communications and advertising are set in other dedicated laws and control thereof is done by other authorities irrespective of the fact that these communications and advertising have been aired on television, radio or television and radio programmes transmitted via the Internet:
48. What are the requirements for advertising and audiovisual commercial communications?
As per paragraph 1 of Article 39 of the Law on Provision of Information to the Public, advertising and audiovisual commercial communications must be decent, correct and readily recognisable. It is prohibited to publish in advertising and audiovisual commercial communications information which degrades human dignity, discriminates or promotes discrimination on the grounds of race, sex, sexual orientation or ethnic origin, nationality, citizenship, religion or belief, disability or age, offends religious and political convictions, promotes behaviour that is prejudicial to health and safety or behaviour that is grossly prejudicial to the protection of the environment.
Advertising and audiovisual commercial communications may not have a detrimental effect on the mental health of minors, their physical, mental or moral development and must comply with the following requirements:
49. What are the requirements for teleshopping and television advertising?
Requirements for teleshopping and television advertising are specified in paragraph 5 of Article 39 of the Law on Provision of Information to the Public and the Descriptor of the procedure for implementing the requirements for commercial audiovisual communications and advertising transmission, sponsorship of audiovisual media services, radio programmes and individual programmes in radio and/or television programmes (the “Descriptor”).
Television advertising and teleshopping must be readily recognisable and distinguishable from other parts of the programme by acoustic and/or optical and/or spatial means (for example, through the use of a TV vignette, separators, etc.) at the start and end of broadcasting. These means to keep television advertising and teleshopping distinct from editorial content may be used alone or in combination at discretion of the broadcaster (Clauses 9, 10 of the Descriptor).
Television advertising and teleshopping separation (separator) must clearly show the word “Advertising”. The beginning of a television advertising spot must be clearly separated from other elements of the programme by broadcasting a separator featuring the word “Advertising”. If trailers are shown immediately after a television advertising spot followed by an advertising spot again, a separator must be shown at the start of broadcasting featuring the word “Advertising”. Television advertising must be readily recognisable from the form it is presented. If it is likely that consumers will be able to recognise television advertising as such because of the form of its presentation (for example, presented as promotional reporting, stories that are normally longer in duration compared to a television advertising spot and are mostly argumentative, informational or descriptive in nature), such advertising must be clearly marked with the word “Advertising” throughout its transmission (Clauses 11 to 13 of the Descriptor).
Television advertising and teleshopping may be inserted during programmes only in cases and in the manner set out in the Law on Provision of Information to the Public and the Descriptor, without prejudice to the integrity of an individual programme, taking into account the natural breaks in the programme, the duration and nature of the programme, and without prejudice to the economic rights of the programme rightsholders (Clause 14 of the Descriptor).
In accordance with Clause 15 of the Descriptor, television advertising and teleshopping may be inserted in programmes in blocks containing at least two television advertising and/or teleshopping spots during one insertion, except in cases when:
1) television advertising and/or teleshopping is over 40 seconds in duration;
2) television advertising and/or teleshopping is inserted during sports and/or other events containing natural breaks but only for the duration of these natural breaks.
Television advertising, trailers and teleshopping may not be inserted during broadcasts of religious services and programmes of religious nature. Television advertising and/or teleshopping inserts in re-broadcast television programmes or individual programmes is not permitted. The broadcasting of films made for television (excluding films in several parts, TV series and documentaries), cinematographic works and news programmes may be interrupted by television advertising and/or teleshopping inserts once for each scheduled programming period of at least 30 minutes (Clause 16 to 18 of the Descriptor).
Teleshopping inserts in children’s programmes are not permitted. In children’s programmes television advertising may be inserted once for each scheduled programming period of at least 30 minutes, provided that the scheduled duration of the programme is longer than 30 minutes. If a children’s programme is made up of more than one audiovisual work, television advertising may be inserted in these audiovisual works only once for each scheduled period of 30 minutes and only if the duration of these works is longer than 30 minutes (Clauses 19 to 20 of the Descriptor).
In accordance with Clause 21 of the Descriptor, teleshopping for medicinal products and teleshopping for doctor-prescribed treatment services are not permitted.
As per Clause 22 of the Descriptor, the total time for television advertising spots and teleshopping spots cannot exceed 20% of the total time within a time period from 6.00 to 18.00 hrs (i.e., no more than 2 hours 24 minutes within a 12-hour period) and no more than 20% of the total time within a time period from 18.00 to 24.00 hrs (i.e., no more than 1 hour 12 minutes within a 6-hour period).
50. What are the general requirements for the sponsorship of radio, television programmes and/or individual programmes?
The services of audiovisual mass media, radio programmes and/or individual programmes sponsored in accordance with paragraph 1 of Article 40 of the Law on Provision of Information to the Public and the Descriptor of the procedure for implementing the requirements for commercial audiovisual communications and advertising transmission, sponsorship of audiovisual media services, radio programmes and individual programmes in radio and/or television programmes must meet the following requirements:
51. What should be the duration of a sponsor introduction?
As per Clause 42 of Descriptor of the procedure for implementing the requirements for commercial audiovisual communications and advertising transmission, sponsorship of audiovisual media services, radio programmes and individual programmes in radio and/or television programmes, any sponsor introduction should last for sufficient time for the viewer to hear and/or see the surname (name) of the sponsor, their logo and/or other symbol or slogan. The suggested duration of a single sponsor introduction is up to 15 seconds and the total duration of consecutive announcements introducing all of the sponsors of the programme no longer than 40 seconds. Where the duration of a television programme sponsor introduction is exceeded, any excess time is accounted for as television advertising.
52. Advertising information which cannot be published in an announcement of the sponsor’s products and/or services.
53. Is it possible to sponsor news programmes?
No. Sponsorship of news programmes is not permitted in accordance with Clause 50 of the Descriptor of the procedure for implementing the requirements for commercial audiovisual communications and advertising transmission, sponsorship of audiovisual media services, radio programmes and individual programmes in radio and/or television programmes approved by Decision KS-58 of 11 April 2012 of the RTCL.
Updated: 2022-10-31
54. What are the cases when a temporary suspension of the free reception of programmes in Lithuania is possible?
The free reception (re-broadcasting and other distribution or dissemination) in Lithuania of audiovisual media services originating in the EU Member States, states of the European Economic Area, including television programmes broadcast and re-broadcast and television programmes and individual programmes disseminated via the Internet where only a separate programme is transmitted, or programmes available in the catalogues of on-demand audiovisual media services may be suspended on a temporary basis when:
a) the violation specified above is repeated in the last 12 months of the first violation;
b) the RTCL has notified the provider of on-demand audiovisual media services, the responsible authority of the EU Member State which has jurisdiction over the matter and the European Commission of the suspected violations and the measures the RTCL intends to take in the event of repeated violations;
c) the RTCL has given the chance to the provider of on-demand audiovisual media services to produce their explanations and be heard in the matter of the suspected violations and the measures the RTCL intends to take in the event of repeated violations;
d) no agreement is reached by mutual consent through consultations with the competent authority of the EU Member State which has jurisdiction over the matter or state of the European Economic Area and the European Commission within one month from the day of the reception of the notice at the European Commission of suspected violations and the measures the RTCL intends to take in the event of repeated violations;
a) the violation specified above is repeated in the last 12 months of the first violation;
b) the RTCL has notified the provider of on-demand audiovisual media services, the competent authority of the EU Member State which has jurisdiction over the matter and the European Commission of the suspected violations and the measures the RTCL intends to take in the event of repeated violations;
c) the RTCL has given the chance to the provider of on-demand audiovisual media services to produce their explanations and be heard in the matter of the suspected violations and the measures the RTCL intends to take in the event of repeated violations;
d) the RTCL received from a competent national security authority or some other authority information the assessment of which leads to the conclusion that the suspected violation is harmful or poses a serious threat to public security, including national security and defence.
The free reception in Lithuania of audiovisual media services, television programmes and/or individual programmes broadcast, re-broadcast or disseminated via the Internet where only a single programme is transmitted, and the free reception of catalogues from non-EU Member States, EEA states and other European states which have ratified the European Convention on Transfrontier Television may be suspended by decision of the RTCL, if audiovisual media services, television programmes and/or individual programmes and/or catalogues originating in these states violate the requirements of Article 17 or paragraph 1 of Article 19 of the Law on Provision of Information to the Public.
The RTCL may specify in its decision what measures are to be applied and their effective date designed to stop the reception in Lithuania of the television programme and/or individual programme and/or catalogue. The measures intended to be applied and the duration of these measures must be proportional to the violations made and each of the measures must be tailored to the entity they are targeted at and the method of public information dissemination.
Updated: 2022-10-31
55. Requests for a written consent from the RTCL to the sale of a controlling interest or control in a broadcasting and/or re-broadcast content licence holder.
Where upon the sale or other transfer of shares (interests, member shares) in a broadcasting and/or re-broadcast content licence there is a change in the owner(s) of the controlling interest, or where control (management) of a broadcasting and/or re-broadcast licence holder passes to another person(s) on other grounds, the persons intending to transfer and acquire these shares (interests, member shares) in or control (management) of the broadcasting and/or re-broadcast content licence holder must produce to the RTCL a request for the transfer and acquisition of shares (interests, member shares) in or control (management) of the broadcasting and/or re-broadcast content licence and obtain a written consent from the RTCL (Clause 6 of the Descriptor of the procedure for the transferring of shares (interests, member shares) in broadcasting and/or re-broadcast content licence holders approved by Decision No KS-172 of 23 September 2015).
A request by the person who wishes to transfer the shares (interests, member shares) in or control (management) of a broadcasting and/or re-broadcast content licence holder must provide the following information:
A request by the person who wishes to acquire the shares (interests, member shares) in or control (management) of a broadcasting and/or re-broadcast content licence holder must provide the following information:
Any such request submitted by the person who intends to acquire the shares (interests, member shares) in and/or control (management) of a broadcasting and/or re-broadcast content licence holder must be accompanies by a copy of the identity document and/or manager-certified copies of documents of incorporation of a legal entity (agreement of incorporation (memorandum)), certificate of incorporation, articles of association (regulations), an extended abstract with a historical record from the Register of Legal Entities (Clause 9 of the Descriptor of the procedure for the transferring of shares (interests, member shares) in broadcasting and/or re-broadcast content licence holders approved by Decision No KS-172 of 23 September 2015 of the RTCL).
56. Is it possible to assign the licence held by a broadcaster and/or re-broadcaster that is undergoing reorganisation to its permitted successors?
Updated: 2022-10-31
57. Who has the right to submit an application to the RTCL with a request to issue mandatory orders to Internet service providers that service third parties who use the services to engage in the activities involving the illegal posting of copyrighted content over public computer networks (Internet)?
In accordance with paragraph 2 of Article 78 of the Law on Copyright and Related Rights (the “LCRR”), requests may be submitted to the RTCL by:
58. What are the non-judicial measures available to the rightsholders prior to applying to the RTCL and how to make use of them?
Clause 10 of the Descriptor for handling copyright owners’ requests to issue mandatory orders to Internet service providers approved by Decision No KS-14 of 27 March 2019 of the RTCL (the “Descriptor”) sets out the non-judicial measures available to the applicants that have to be exhausted by the applicants before they apply to the RTCL.
These non-judicial measures are:
Clause 11 of the Descriptor specifies that the non-judicial measures are considered to have been exhausted if the copyrighted content posted on the site illegally is not removed, or the possibility access this content has not been removed within 5 working days from the day of the applicant’s address (request) to the said entities specified in subclauses 10.1 and 10.2 of the Descriptor. There are no requirements as to how the address to a website administrator or a hosting service provider should look like specifically, what matters is the fact of the address itself. The relevant provisions of the Descriptor only require that any such address must be made in writing (including by e-mail), i.e., the demand to remove specific copyrighted content may be transmitted to the website administrator or hosting service provider at their respective e-mail addresses provided on the website in question. There may be cases when no e-mail address is provided on the website but there is a contact form for contacting the administrator, in which case the sending of the completed contact form will suffice, with a screen shot produced to the RTCL as proof of the address to the website administrator. An address to the hosting service provider may also be produced in a free-format and communicated by e-mail. It is also important that any demand related to the illegal posting of copyrighted content would indicate the specific copyrighted content possibly posted illegally (preferably by providing an active link to the piece).
59. What is dynamic blocking?
Clause 5 of the Descriptor of the procedure of mandatory orders to Internet service providers approved by Order No ĮV-771 of 25 November 2019 of the Minister of Culture of the Republic of Lithuania (the “Descriptor”) specifies that decisions by the RTCL relating to mandatory orders to Internet service providers establish dynamic blocking—instruct service providers to block the existing and future domain names identifying the websites used for the purpose of posting copyrighted content illegally, i.e. the order so issued by the RTCL includes the existing and future mirror sites. In other words, dynamic blocking happens when a mirror site is blocked on the basis of the website blocked (the original website).
60. What is a mirror site?
Clause 6 of the Descriptor of the procedure of mandatory orders to Internet service providers approved by Order No ĮV-771 of 25 November 2019 of the Minister of Culture of the Republic of Lithuania (the “Descriptor”) stipulates that mirror sites include websites which provide access to the same activities as the original website. A mirror site must meet at least 2 of the attributes listed below:
61. Can the RTCL issue mandatory orders to Internet service providers at its own discretion?
No. The RTCL cannot issue mandatory orders to Internet service providers at its discretion, except in cases when the order relates to the blocking of a mirror site. Clause 9 of Descriptor of the procedure of mandatory orders to Internet service providers approved by Order No ĮV-771 of 25 November 2019 of the Minister of Culture of the Republic of Lithuania (the “Descriptor”) stipulates that the RTCL conducts continuous monitoring at its discretion and on the basis of reports received observes any changes in the domain names identifying the listed websites. The RTCL promptly includes these changes in the list and communicates these changes electronically to Internet service providers within 1 working day at most. The inclusion of new domain names in the list must be sanctioned by Vilnius Regional Administrative Court.
Updated: 2022-10-31
62. What is the DPIS?
63. How to become a DPIS user?
A person who wishes to provide notices of the start of the intended unlicensed activities and/or information via the secure access online data provision information system (DPIS) must submit an application to the RTCL in the form provided in Appendix 19 of the Descriptor of the procedure for providing information about activities. The RTCL will prepare the means necessary to log into the DPIS within 10 working days from the day of receipt of the application at the RTCL. The RTCL will advise of the creation of accounts for the applicant’s representatives and login names to the DPIS in writing and will provide the DPIS user manual to each of the representatives at the e-mail address indicated in the application.
The person will have to notify the RTCL promptly (within 1 working day) and in writing of any changes to the details of authorised persons (representatives) who have the powers and mandate to provide information via the DPIS.
In the event of loss or having forgotten login details, the person will have to advise the RTCL of the fact (submit an application if the details had been lost). The RTCL will send the new login details by e-mail but only to the general manager or the authorised representative of the legal person. Please note that if the password is entered incorrectly three times in a row, the person’s account will be blocked.
Updated: 2022-10-31
How the total duration of individual programmes is calculated for the purpose of language requirements?
Paragraph 2 of Article 34 of the Law on Provision of Information to the Public stipulates that radio and/or television programmes broadcast in a language other than Lithuanian but in an official European Union language, also individual programmes that make up radio and/or television programmes and are broadcast in a non-EU language have to be translated into Lithuanian or shown with Lithuanian subtitles if the total duration of the programmes in a day is under 90 minutes. Individual programmes that make up radio and/or television programmes and are broadcast in a non-EU language have to be translated into Lithuanian if the total duration of the programmes in a day is over 90 minutes.
Please note that the total duration of these programmes is calculated based on the total number of minutes of the individual programmes broadcast rather than the number of individual programmes themselves. For example, if a single programme is broadcast in a non-EU language and the duration of the programme is 120 minutes, the circumstance that is being taking into account is the duration of the programme, i.e., more than 90 minutes, and not the fact that it is just one programme. Consequently, this programme needs to be translated into Lithuanian.
The Law on Provision of Information to the Public stipulates that the calculation of the duration of programmes excludes reruns of the programme, commercial audiovisual communications and trailers. This provision does not apply in the case of educational, occasional, special, music and re-broadcast foreign radio or parts of programmes as well as programmes produced by broadcasters of radio and/or television programmes intended for the ethnic minorities of Lithuania.
Updated: 2022-10-31