2018 Annual Report

Radio and Television Commission of Lithuania: 2018 Annual Report RADIO AND TELEVISION COMMISSION OF LITHUANIA 2018 ANNUAL REPORT 25 March 2019 No. Vilnius 1 Radio and Television Commission of Lithuania: 2018 Annual Report TABLE OF CONTENTS CHAIRMAN’S MESSAGE _______________________________________________________ 3 MISSION AND OBJECTIVES ____________________________________________________ 5 MEMBERSHIP AND ADMINISTRATION __________________________________________ 5 LICENSING OF BROADCASTING ACTIVITIES AND RE-BROADCAST CONTENT AND REGULATION OF UNLICENSED ACTIVITIES _____________________________________ 6 Radio _________________________________________________________________________ 9 Television _____________________________________________________________________ 14 VŠĮ LIETUVOS NACIONALINIS RADIJAS IR TELEVIZIJA __________________________ 20 PARTICIPATION IN THE LEGISLATIVE PROCESS AND ENFORCEMENT _____________ 23 ECONOMIC OPERATOR OVERSIGHT AND CONTENT MONITORING ________________ 28 RTCL COOPERATION __________________________________________________________ 37 COMPETITION OF THE BEST IN RADIO AND TELEVISION PRAGIEDRULIAI _________ 40 PUBLICITY WORK BY THE RTCL _______________________________________________ 42 PROFESSIONAL DEVELOPMENT OF THE RTCL STAFF ____________________________ 43 PRIORITIES FOR 2019 __________________________________________________________ 44 INDEPENDENT AUDITOR’S REPORT ____________________________________________ 45 2 Radio and Television Commission of Lithuania: 2018 Annual Report CHAIRMAN’S MESSAGE It is my pleasure to present the annual report of the Radio and Television Commission of Lithuania (the “RTCL” or the “Commission”) for the year 2018 prepared for the attention of the Lithuanian Seimas (the “Seimas”). The RTCL was founded in 1996 by virtue of the Law on the Provision of Information to the Public of the Republic of Lithuania (the “LPIP”) simultaneously ensuring that the Commission is an independent body accountable to the Seimas and responsible for the regulation and oversight of providers of audiovisual media services under the jurisdiction of Lithuania. The Commission contributes to the national audiovisual policy making. It acts as an expert advising the Seimas and the Government on matters of radio and television broadcasting and re-broadcasting, dissemination of television programmes and individual programmes via the Internet, and on-demand audiovisual media services. At the end of 2018, the RTCL was overseeing 108 entities engaged in both licensed and unlicensed activities. In the reporting period, while implementing its functions the RTCL held 20 meetings, 28 consultation meetings, passed 69 decisions, imposed 34 administrative sanctions, out of which 33 were warnings and 1 fine, handled 200 complaints and inquiries filed by individuals, and sent 735 and received 899 official letters. In the reporting year, the Commission particularly focused legislative aspects of its activities, and enforcement of laws and regulations. Against the backdrop of the current geopolitical situation, and having regard to the gaps in the existing regulation that have become apparent through practical application as well as related challenges, the main legislative proposals were focused on the strengthening of the Lithuanian information space and its greater integration with the European Union information space, better oversight of economic operators and oversight regulation, ensuring the functioning of provisions of the LPIP, and improving the organisation of RTCL activities. In 2018, the Commission paid particular attention to the work of reviewing the Audiovisual Media Services Directive, participating actively in the review work of the European Regulators Group for Audiovisual Media Services (ERGA) which advises the European Commission. The revised Audiovisual Media Services Directive came into effect on 18 December 2018 and its provisions have to be transposed into national law within 21 months from the date of entry into force of the Directive. Such a short period of time is a true challenge not just for the RTCL but also for other EU Member States. One of the most important changes to the revised Audiovisual Media Services Directive (the “AVMSD”) is more flexibility for the Member States to respond faster to any dissemination of information inciting to hatred in their information space, and in particular when such incitement threatens national security. In an attempt to ensure effectively, as is the mandate of the Commission, the safety of the Lithuanian information space against the backdrop of the upcoming three national elections, the RTCL immediately after the Directive came into force made legislative proposals to amend the LPIP. The legislative proposals were aimed at a set of new rules providing for urgent and effective solutions to combat information inciting to hatred and its incorporation into national law as soon as possible. The transposition of provisions of the AVMSD into national law poses other challenges as well, such as the need for new rules to regulate video hosting services (e.g., YouTube, Facebook, etc.) as their regulation remains insufficiently clear. Another challenge is promoting European works and 3 Radio and Television Commission of Lithuania: 2018 Annual Report asking audiovisual media service providers to ensure that at least half of the programmes in their catalogues are European works and others. In 2018, a great deal of attention was placed on improving the regulatory oversight framework. To achieve even greater clarity, transparency and effectiveness, the RTCL drafted and approved new compliance questionnaires for routine economic operator inspections, updated the rules of economic operator inspections conducted by the Commission by adding new provisions as to the determination of an economic operator’s risk level. These additions were designed to streamline the process of routine inspections. In 2018, the Commission also strengthened its efforts in relation to methodological assistance, consultations and explanatory comments on legislation as the oversight of economic operators conducted by the RTCL should not be limited to sanctions but should also include consultations to economic operators. In the reporting year, the Commission continued to be actively involved in international efforts as part of ERGA, established as a advisory body to the European Commission to make recommendations on a variety of matters related to the Audiovisual Media Services Directive, and as part of the European Platform of Regulatory Authorities (EPRA) established as a response to the need to strengthen cooperation between European regulators, share information and exchange experiences in the field of audiovisual media regulation. The RTCL continued working on the Baltic States Project and signed two new agreements, one with the Moldovan and the other one with the Ukrainian regulator. In 2018, in an attempt to promote the development of better quality and more varied national radio and television content, the Commission held the traditional sixteenth competition of the best radio and television programmes Pragiedruliai. In 2018, just like in the previous years, the organisation of RTCL activities was based on the 2018–2020 Strategic Action Plan, and funds were used for the programmes and strategic and priority goals outlined in the plan. In the reporting period, financial activities of the RTCL were conducted responsibly by maintaining a balance between revenue and expenditure. Mantas Martišius Chairman 4 Radio and Television Commission of Lithuania: 2018 Annual Report MISSION AND OBJECTIVES The RTCL’s mission is the regulation and effective oversight of both licensed and unlicensed radio and television broadcasting and re-broadcasting activities, provision of on-demand audiovisual media services, and dissemination of television programmes and individual programmes via the Internet; ensuring the diversity of radio and television programmes and compliance of television and radio content with both domestic and EU law; creating conditions conducive to the growth of the sector; participating in the policy making for the audiovisual sector in Lithuania. The main objective of the Commission in 2018 was to create equal operating conditions for all market players engaged in the distribution of radio and television programmes by audiovisual means, and the protection of the rights and legitimate interests of consumers using these services. There were other objectives in the reporting that had been no less important, namely, ensuring the regulation in radio and television programmes, catalogues and individual programmes of information not to be published and of public information having a detrimental effect on the physical, mental and moral development of minors; ensuring compliance of radio and television programme structure and content, audiovisual commercial communications and advertising with Lithuanian and EU law; engaging in international cooperation with EU institutions, regulators of both EU Member States and foreign partners (Ukrainian, Moldovan regulators) that wish to learn from extensive RTCL’s experience. It is the Commission’s mission to ensure that consumers have access to quality content, i.e. radio and television programmes that comply with statutory requirements, respect the principles of freedom of speech, freedom of religion and freedom of conscience, promote diversity of opinions, development of democracy and citizenship, fostering and protection of national cultural

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