WIPO Lex

Electronic Mass Media Law (as amended up to January 1, 2019)

1 The Parliament of the Republic of Latvia

Text consolidated by Valsts valodas centrs (State Language Centre) with amending laws of:

16 June 2011 [shall come into force from 7 July 2011];

8 September 2011 [shall come into force from 14 September 2011];

4 October 2012 [shall come into force from 20 October 2012];

14 February 2013 [shall come into force from 15 March 2013];

21 February 2013 [shall come into force from 27 February 2013];

7 March 2013 [shall come into force from 10 April 2013];

18 April 2013 [shall come into force from 22 May 2013];

21 November 2013 [shall come into force from 30 November 2013];

24 April 2014 [shall come into force from 28 May 2014];

23 October 2014 [shall come into force from 26 November 2014];

17 December 2015 [shall come into force from 19 January 2016];

17 December 2015 [shall come into force from 24 December 2015];

2 June 2016 [shall come into force from 10 June 2016];

23 November 2016 [shall come into force from 1 January 2017];

1 December 2016 [shall come into force from 11 December 2016];

22 November 2017 [shall come into force from 1 January 2018];

20 June 2018 [shall come into force from 12 July 2018].

If a whole or part of a section has been amended, the date of the amending law appears in square brackets at the

end of the section. If a whole section, paragraph or clause has been deleted, the date of the deletion appears in

square brackets beside the deleted section, paragraph or clause.

The Saeima 1 has adopted and

the President has proclaimed the following Law:

Electronic Mass Media Law

Chapter I. General Provisions

Section 1. Terms Used in this Law

The following terms are used in this Law:

1) broadcasting – the totality of activities that ensures the production of electronic

mass media programmes and broadcasts, the initial distribution thereof in accordance with the

programme schedule and simultaneous public reception by using electronic communications

networks;

2) broadcasting area of transmission – territory within which the intensity of a

transmitter signal complies with the criteria of qualitative reception specified by international

agreements regarding broadcasting for each type of reception;

3) audio and audiovisual electronic mass media service – a service to which the

editorial responsibility of the electronic mass medium shall be applied and the principal

purpose of which is to ensure informative, entertaining or educational broadcasts for the

general public by public electronic communications networks;

4) audio and audiovisual commercial communication – television or radio

advertising, sponsorship, tele- or radio shopping, product placement and other audio, visual or

audiovisual announcements, which are inserted within, before or after a broadcast in return for

payment or other consideration or for self-promotional purposes and which directly or

indirectly promote the goods or services, or image of persons pursuing an economic activity;

5) free television – access to a programme without payment ensured by public and

commercial electronic mass media;

6) split-screen advertising – advertising which appears at the edge of the frame on a

screen simultaneously with a broadcast as a scrolling text, logo, an advertising spot or another

form of advertising;

7) electronic mass medium – a private person to whom a broadcasting permit or a

retransmission permit has been issued in accordance with the procedures set out in laws and

regulations or who in accordance with this Law has submitted to the National Electronic Mass

Media Council a notification on the provision of on-demand electronic mass media services;

8) on-demand audiovisual electronic mass media service – a service ensured by an

electronic mass medium subjected to editorial responsibility of the electronic mass medium

and which is provided upon the request of a service recipient at the moment chosen by him or

her on the basis of a catalogue of programmes previously offered by the electronic mass

medium;

9) conditional access control – a device, software or other solution which allows the

reception of a service only by an authorised user;

10) extended advertising spot – an advertising the length of which exceeds 90

seconds;

11) interactive advertising – a form of advertising during the use of which a viewer

has possibilities for accessing more detailed content of the advertising;

12) cable television – the distribution of programmes and broadcasts mainly using a

cable;

121) pay television – access to the television programme of the electronic mass

medium ensured in exchange for payment;

13) independent producer – a private person who is not an electronic mass medium,

but who is engaged in the production of films, advertising, individual radio or television

broadcasts;

14) self-promotion – announcements inserted by an electronic mass medium in its

own programme or catalogue of programmes giving information about its own programme or

broadcasts, or about derivative works which are directly obtained from the programme or

broadcasts;

141) beneficial owner – a natural person which corresponds to the term “beneficial

owner” defined in the Law on the Prevention of Money Laundering and Terrorism Financing;

15) private person – a natural person, a legal person governed by private law or an

association of such persons;

16) product placement – any audio and audiovisual commercial communication

which includes products, services or their trademarks or references to the relevant products,

services or their trademarks and which is featured within a broadcast in return for payment or

similar consideration;

17) programme – a broadcast or a package of broadcasts under one title produced by

an electronic mass medium;

171) main audio language of a programme – a language which has been determined

in the principal conditions of the broadcasting permit issued by the National Electronic Mass

Media Council and that must be ensured regardless of the type of distribution of the television

programme;

18) distribution of programmes – the transmission of programmes to the technical

means of transmission and their transmission for public reception in the form of an open or

protected service using public electronic communications networks;

19) public reception – the possibility to receive a programme or catalogue of

broadcasts distributed by an electronic mass medium with or without payment in any place

within the area of distribution of the public electronic communications network of the relevant

programme;

20) radio shopping window – radio shopping the duration of which exceeds 15

minutes;

21) radio shopping – direct audio communication addressed to the public with the

purpose of offering goods, including immovable property or services, rights and obligations,

in return for payment;

22) broadcast – audio or audiovisual work that forms a separate entity within a

programme or in a catalogue of broadcasts. A broadcast is separated from the general

programme by production data and an announcement;

23) transmission – distribution of programmes for public reception. This term does

not include on-demand services;

24) transmission time – the twenty-four-hour time period during which an electronic

mass medium distributes a programme within a certain territory;

25) natural clock hour – the time period which lasts from the first minute to the last

minute inclusive of the full hour of the relevant twenty-four-hour time period;

26) advertising – any announcement which is distributed for payment or other

consideration, as well as the broadcast by any person connected with a trade,

entrepreneurship, position or profession, which is produced for the purpose of advertising, in

order to promote the offer of goods, including immovable property or services, rights and

obligations, for payment or other remuneration, as well as political advertising;

27) advertising spot – advertising the length of which does not exceed 90 seconds;

28) retransmission – the reception and immediate complete or partial distribution of a

programme in Latvia in the public electronic communications network without making any

changes in the programme or the content of the broadcast. The translation (by dubbing or

subtitling) of a programme or broadcast shall not be considered to be changes in the content if

it is done with the consent of the holder of the rights of the programme;

29) public service remit – the wide and diverse totality of programmes intended for

the public which is financed and supervised by the public;

30) satellite television and satellite radio – distribution of programmes and

broadcasts by satellite;

31) surreptitious audio and audiovisual commercial communication of an

electronic mass medium – the representation in words or pictures of goods, services, the

name, the trademark or the activities of a producer of goods or a provider of services when

such representation is intended by the electronic mass medium to serve as an audio or

audiovisual commercial communication and might mislead the public as to its nature. Such

representation shall, in particular, be considered as intentional if it is done in return for

payment or for a similar consideration;

32) sponsorship – any contribution made by a person not engaged in broadcasting or

in the production of audio or audiovisual works, to the financing of electronic mass media or

broadcasts with a view to promoting their name, trademark, image, activities or products;

321) Television programme distribution service – a service which ensures the

possibility to receive a television programme in the terminal of a user, including by

distributing or retransmitting the programme. This definition shall not apply to the cases

referred to in Section 13 of this Law;

33) teleshopping window – teleshopping the duration of which exceeds 15 minutes;

34) teleshopping – a direct audiovisual communication addressed to the public with

the purpose of offering goods, including immovable property or services, rights and

obligations, in return for payment or other consideration;

341) language track – a soundtrack which differs from the main audio language of the

programme;

35) virtual advertising – advertising which is placed electronically on the screen

image during a broadcast;

36) terrestrial transmitter – a transmitter which transmits programmes and

broadcasts of electronic mass media by distributing a signal via an antenna without an

artificial conductor for the provision of any such radio communications which are not space

radiocommunication or radio astronomy;

37) satellite up-link – a terminal of an electronic communications network placed on

the earth’s surface for delivery of programmes and broadcasts of electronic mass media to

transmission technical devices which are located in Space.

[4 October 2012; 14 February 2013; 18 April 2013; 23 October 2014; 17 December 2015;

20 June 2018]

Section 2. Purpose and Scope of Application of this Law

(1) This Law governs the procedures and provisions for the operation of the electronic mass

media under the jurisdiction of Latvia and also the operation of other right-holders in the

cases provided for in this Law.

(2) The objectives of this Law are:

1) to ensure freedom of expression, general access to socially significant information,

the unhindered maintenance and development of free democratic discussion, providing the

possibility for every inhabitant of Latvia to form an opinion independently on the processes

occurring in the State and, thus, promoting his or her participation as a member of a

democratic society in the development of decisions related to these processes;

2) to determine the procedures for the formation, registration, operation and

supervision of the electronic mass media under the jurisdiction of the Republic of Latvia

regardless of the way in which the information intended for public reception is distributed in

electronic communications networks;

3) to determine the legal status of the public electronic mass medium and procedures

for their supervision, to plan the sources of and the procedures for the financing necessary for

the production and distribution of programmes of the public electronic mass medium;

4) to promote the integration of society on the basis of the Latvian language; while

fulfilling the requirements of the Official Language Law, to promote the full implementation

of the constitutional functions of the Latvian language as the official language of Latvia,

paying special attention that it should serve as the common language of mutual

communication of all inhabitants of Latvia; to ensure its preservation and use, determining the

procedures appropriate for the public interests whereby the electronic mass media under the

jurisdiction of Latvia shall use the official language during the transmission time and

concurrently envisaging the right to use languages of minorities and other languages in the

electronic mass media.

(3) The provisions of this Law shall be applicable to the distribution of audiovisual

programmes of the electronic mass media in the Internet environment, if the relevant

programme is distributed therein in unchanged form without using technical recording means.

The provisions of this Law shall not apply to the audiovisual information of other types which

is placed and available in the Internet environment.

(4) The provisions of this Law shall not be applicable to the electronic mass media services

intended for reception only in those states which are not European Union Member States or

European Convention on Transfrontier Television Member States and which are not received

with standard consumer equipment directly or indirectly by the public in one or more

European Union Member States, as well as in European Convention on Transfrontier

Television Member States.

[23 November 2016]

Chapter II. Electronic Mass Media

Section 3. Electronic Mass Media and Providers of the Distribution Services of the

Television Programmes under the Jurisdiction of Latvia

(1) Electronic mass media, which are subject to editorial responsibility, shall be under the

jurisdiction of Latvia if they pursue an economic activity in Latvia in accordance with

Paragraph two of this Section or correspond to the conditions laid down in Paragraph three of

this Section. The providers of the distribution services of television programmes shall be

under the jurisdiction of Latvia if they provide the distribution services of television

programmes in Latvia.

(2) In order to determine whether an electronic mass medium pursues an economic activity in

Latvia, the following cases shall be assessed:

1) if the Board of the electronic mass medium is located in Latvia and editorial

decisions regarding the services of the electronic mass medium are taken in Latvia, then it

shall be considered that the electronic mass medium pursues an economic activity in Latvia;

2) if the Board of the electronic mass medium is located in Latvia but editorial

decisions regarding its electronic media operations are taken in another Member State of the

European Union or European Convention on Transfrontier Television Member State, it shall

be deemed that the economic activity is pursued in the state where a significant part of the

workforce involved in the activities of the electronic mass medium is employed. If a

significant part of the workforce involved in the activities of the electronic mass medium is

employed in both states, it shall be deemed that the economic activity is pursued in the state

where the Board is located. If a significant part of the workforce involved in the operations of

the electronic mass medium is employed in none of these, then it shall be deemed that the

electronic mass medium is pursuing its economic activity in the state in which it first began its

activities according to the law of that state on condition that it maintains a stable and effective

link with the economy of that state;

3) if the Board of the electronic mass medium is located in Latvia, but editorial

decisions regarding its activities are taken in a state which is not a European Union Member

State, or vice versa, then it shall be deemed that the economic activity is being pursued in

Latvia – provided that a significant part of the workforce involved in the activity of the

electronic mass medium is working in Latvia.

(3) Electronic mass media under the jurisdiction of Latvia are also those to whom the

provisions of Paragraph two of this Section do not apply but which comply with the following

conditions:

1) they use a satellite up-link located in the territory of Latvia;

2) they do not use a satellite up-link located in the territory of Latvia, but use satellite

capacity owned by Latvia.

(4) If it is not possible to determine which European Union Member State has jurisdiction

over an electronic mass medium according to the provisions of Paragraphs two and three of

this Section, the competent Member State shall be that where the electronic mass medium is

pursuing an economic activity within the meaning of Articles 49, 50, 51, 52, 53, 54, and 55 of

the Treaty on the Functioning of the European Union.

[14 February 2013; 17 December 2015]

Section 4. Types of Electronic Mass Media

(1) The electronic mass media are divided according to their purpose of activity and type of

distribution, as well as according to the area of transmission.

(2) The electronic mass media shall be divided into public, commercial and non-commercial

mass media according to the purpose of the activity.

(3) The electronic mass media shall be divided into terrestrial broadcasting, satellite, cable,

Internet and other electronic mass media according to the type of distribution.

(4) The electronic mass media to which a broadcasting permit has been issued shall be divided

into national, regional, local and transfrontier electronic mass media according to the

coverage area. Division into national, regional and local electronic mass media shall apply to

those electronic mass media whose programmes are distributed using a terrestrial transmitter.

Section 5. Public Electronic Mass Media

(1) Public electronic mass media shall be the State capital companies which are established

and operate in accordance with this Law, Law on Governance of Capital Shares of a Public

Person and Capital Companies, Commercial Law and other laws and regulations, and also the

statutes which shall be approved by the National Electronic Mass Media Council (hereinafter

also – the Council).

(2) The equity capital of the public electronic mass media shall consist of the property

invested by the State. The National Electronic Mass Media Council shall be the holder of the

State capital shares in the relevant capital company and shall perform the functions of the

shareholders’ meetings. The Council shall not receive compensation from the public

electronic mass media for the holding of capital shares.

(3) The main task of the public electronic mass media shall be the production and distribution

of programmes of the public service remit.

[23 October 2014 / Amendments to Paragraph one shall come into force on 1 January 2015.

See Paragraph 31 of Transitional Provisions]

Section 6. Commercial Electronic Mass Media

(1) The commercial electronic mass media shall be undertakings registered in accordance

with the procedures specified in laws and regulations.

(2) The commercial electronic mass media shall ensure their operations financially with

revenue from commercial activity, sponsorship or subscribers' payments for programmes.

Section 7. Non-commercial Electronic Mass Media

(1) The purpose of operation of the non-commercial electronic mass media shall not be the

gaining of profit and the service provided by them shall be intended for a particular audience

with common interests.

(2) Retransmission of programmes and broadcasts of other electronic mass media in the

service or programme of a non-commercial electronic mass media shall be prohibited, as well

as distribution of audio and audiovisual commercial communications.

(3) A non-commercial electronic mass medium which uses its own service or programme

distribution means may distribute programmes or broadcasts produced by other electronic

mass media upon receipt of a permit from the relevant commercial or non-commercial

electronic mass medium and coordinating it with the National Electronic Mass Media Council

beforehand.

Section 8. Transfrontier Electronic Mass Media

(1) Transfrontier electronic mass media are those which use a terrestrial or satellite transmitter

or a public electronic communications network in the territory of Latvia to broadcast or

retransmit programmes which may be directly or indirectly received in one or more states

outside the territory of Latvia.

(2) The norms of this Law that regulate broadcast or retransmission shall apply to

transfrontier electronic mass media.

Section 9. National Electronic Mass Media

(1) National electronic mass media are those whose services may be received by at least

60 per cent of the inhabitants of Latvia or whose broadcasting area of transmission covers the

greater part of the territory of the State, in so far as it is not otherwise provided for in

Paragraph two of this Section.

(2) In respect of the distribution of television programmes, the national electronic mass media

shall be those whose broadcasting area of transmission of the television programmes it

produces is at least 99 per cent of the territory of Latvia.

(3) The National Electronic Mass Media Council may permit the national electronic mass

media referred to in Paragraph one of this Section to enlarge the broadcasting area of

transmission of the programmes, if this has been provided for in the national strategy for the

development of the electronic mass media sector.

[24 April 2014]

Section 10. Regional Electronic Mass Media

(1) Regional electronic mass media are those whose broadcasting area of transmission of the

programmes is not less than 20 per cent of the territory of Latvia, in so far as it is not

otherwise provided for in Paragraph two of this Law.

(2) In respect of the distribution of television programmes, the regional electronic mass media

shall be the mass media the broadcasting area of transmission of television programmes

produced by which is at least one area of transmission corresponding to the regional

broadcasting area planning provided for in the international agreements binding on Latvia.

(3) The National Electronic Mass Media Council may allow the regional electronic mass

media to enlarge the broadcasting area of transmission of the programmes, if this has been

provided for in the national strategy for the development of the electronic mass media sector.

Section 11. Local Electronic Mass Media

Local electronic mass media shall be those whose broadcasting area of transmission of

programmes is less than the area of transmission of regional electronic mass media as

specified in Section 10 of this Law.

Section 12. Digital Terrestrial Broadcasting of Television Programmes of Electronic

Mass Media

Terrestrial broadcasting of television programmes of electronic mass media shall be in

digital format.

Section 13. Ensuring the Distribution of Programmes of Electronic Mass Media

(1) The State stock company Latvian Radio and Television Centre shall ensure the following:

1) distribution of the radio programmes of such electronic mass media in analogue

format that do not have their own technical means for distribution. This provision shall not

apply to the operation of cable radio and satellite radio;

2) distribution of the radio programmes of a public electronic mass medium in the

territory of the State in analogue format;

3) direct distribution of the television programmes of a public electronic mass

medium, free television programmes of commercial national and regional mass media in the

entire territory of the State with terrestrial transmitters by concluding contracts with the

respective national and regional electronic mass media;

4) possibility for end-users to report on the signal reception disturbances of free

television programmes and elimination of transmission-related problems;

5) distribution of pay television programmes in the case determined in Section 72,

Paragraph one of this Law.

(11) The shares of the State stock company Latvian Radio and Television Centre may not be

alienated.

(2) For the execution of the tasks referred to in Paragraph one, Clauses 3 and 5 of this Section,

the State stock company Latvian Radio and Television Centre shall receive the rights for the

use of radio frequency spectrum at the Public Utilities Commission for a period equivalent to

that for which the rights to ensure pay television services are granted in accordance with the

tender by-law referred to in Section 72, Paragraph two of this Law and the permit for the use

of frequency allotment for the arrangement and use of television broadcasting equipment at

the State stock company Electronic Communications in accordance with the procedures laid

down in the Electronic Communications Law and in accordance with the radio frequency

spectrum allotment determined in the National Radio Frequency Plan for terrestrial digital

television broadcasting systems and binding international treaties on broadcasting.

(3) In the case referred to in Paragraph one, Clause 3 of this Section, the State stock company

Latvian Radio and Television Centre shall ensure to end-users for free the terrestrial digital

broadcasting of those television programmes produced by electronic mass media that are

included in the list of programmes to be distributed to end-users for free which has been

approved by the National Electronic Mass Media Council. The criteria for the inclusion of

electronic mass media programmes in the list of programmes to be distributed to end-users for

free shall be determined in the national strategy for the development of the electronic mass

media sector. The abovementioned decision shall be taken in accordance with the

Administrative Procedure Law. The appeal of the decision shall not suspend the application

thereof. The decision shall be published in the official gazette Latvijas Vēstnesis.

(4) Local electronic mass media to which a broadcasting permit has been issued for the

distribution of a television programme in digital format have the right to receive a permit for

the use of frequency allotment and to arrange their own distribution means in accordance with

the procedures specified in the Electronic Communications Law or to use the distribution

services of programmes provided by communications merchants.

(5) If the available frequency spectrum resource does not allow to determine separate

frequency allotments for digital transmission of several local electronic mass media television

programmes in the same geographical territory, a condition on the use of a joint transmitter

shall be included in the tender provisions for granting broadcasting rights and the

broadcasting permit.

(6) The respective electronic communications merchant shall collect a fee from the electronic

mass medium for terrestrial digital broadcasting with terrestrial transmitters of national,

regional and local electronic mass media television programmes available to end-users for

free or pay television programmes and the tariff calculation methodology thereof shall be

determined by the Cabinet.

[14 February 2013; 23 October 2014]

Section 14. Prohibition of Abuse of a Dominant Position by an Electronic Mass Medium

Abuse of a dominant position of an electronic mass medium is prohibited. Within the

meaning of this Law the position when the market share of an electronic mass medium in

Latvia in a particular market exceeds 35 per cent shall be considered as a dominant position.

Chapter III. Broadcasting Permit, Retransmission Permit and Annulment Thereof,

Registration of Electronic Mass Media and Termination of Operation Thereof

[17 December 2015]

Section 15. Broadcasting Rights

(1) Broadcasting rights are the right to produce and distribute a programme at a specified

transmission time, geographic territory and form.

(2) Broadcasting rights are granted in accordance with the national strategy for the

development of the electronic mass media sector. The granted broadcasting rights shall not be

transferred to another person except for the case referred to in Paragraph three of this Section.

(3) The National Electronic Mass Media Council in accordance with the procedures specified

in the Public and Private Partnership Law is entitled to transfer for concession to another

person (including an already existing electronic mass medium) the production and initial

distribution of an individual programme of a public electronic mass medium. In such a case a

broadcasting permit shall be issued for the period of validity of the concession contract which

shall be longer than five years. The State fee shall not be paid for the issue of such

broadcasting permit.

(4) Broadcasting rights shall be granted on the basis of a person's submission. If the resource

of radio frequencies is necessary for the operation of an electronic mass medium, the

broadcasting rights shall be granted in accordance with a tender procedure.

(5) If the expected broadcasting area of transmission of programmes is fully or mainly the

territory of another European Union Member State or European Convention on Transfrontier

Television Member State, the National Electronic Mass Media Council shall, prior to granting

the broadcasting rights, consult with the supervisory body of the electronic mass media of the

relevant country.

(6) On the basis of the national strategy for the development of the electronic mass media

sector the broadcasting rights are first granted to public mass media without a tender and

limitation of term. The public electronic mass media shall not pay the State fee for the issue of

a broadcasting permit.

(7) The technical use of the broadcasting frequency spectrum in accordance with the

Electronic Communications Law shall be planned by the State stock company Electronic

Communications. The State stock company Electronic Communications shall provide

information to the National Electronic Mass Media Council on the technical plan for the use

of the frequency spectrum and also the free frequency allotments for the use of which

broadcasting rights may be granted.

(8) Upon determining frequency allotments for the transmission of television programmes

produced by local electronic mass media, the State stock company Electronic

Communications shall ensure that they do not restrict the national and regional networks of

digital television and do not violate the provisions of the international treaties on

broadcasting.

(9) An annual State fee shall be paid for monitoring the exercise of the broadcasting rights of

commercial transfrontier television programmes or commercial national television

programmes. The Cabinet shall determine the amount, procedures for payment and relief of a

State fee.

[14 February 2013; 22 November 2017]

Section 16. Procedures for Granting Broadcasting Rights by Means of a Tender

(1) The National Electronic Mass Media Council in accordance with this Law and the national

strategy for the development of electronic mass media sector shall announce a tender for

granting broadcasting rights in a specified geographic territory for national, regional or local

electronic mass media (Sections 9, 10, and 11).

(2) An announcement on the invitation to tender shall be published on the Internet website of

the National Electronic Mass Media Council, in the official gazette Latvijas Vēstnesis, and

also in the local newspaper if the invitation to tender is announced for regional or local

broadcasting. The announcement must include the following information:

1) type of activity of the electronic mass media (commercial or non-commercial

electronic mass media);

2) requirements in respect of the programme (the scope of activity of an electronic

mass medium), the amount of transmission time, conditions of language use, programme

format and other requirements which the National Electronic Mass Media Council has

determined in the by-law of the tender:

3) area of transmission;

4) term of validity of the broadcasting permit;

5) time of the commencement of operations;

6) tender participation fee;

7) deadline for applications.

(3) Natural persons and legal persons registered in Latvia, European Union Member States

and European Economic Area States or associations of natural and legal persons may

participate in a tender.

(4) A participant in a tender shall submit an application specifying:

1) for a natural person – name, surname, personal identity number;

2) for a legal person and association of persons – name, registration number, address

and information regarding the owners.

(5) An application shall be accompanied by:

1) principal conditions of operation, specifying the intended name of the programme,

the programme format, the language, as well as other information which the National

Electronic Mass Media Council has determined in the by-law of the tender or which the

applicant considers important;

2) development plan of operation of the electronic mass medium and documents which

confirm the possible sources of financing for at least the first year of operation;

3) a document confirming payment of the tender participation fee.

(6) Not later than a month before determining the results of the tender, the National Electronic

Mass Media Council shall publish the information on the participants in the tender, principal

conditions of the programmes offered by them and possible sources of financing on its

Internet website, in the official gazette Latvijas Vēstnesis, and also in a local newspaper if the

tender was announced for a regional or local broadcasting. The Council shall not publish the

information which a participant in the tender has specified as a business secret.

[24 April 2014]

Section 17. Determination of the Results of a Tender

(1) Application complying with the provisions of the invitation to tender shall be evaluated in

the tender. Basic criteria for the assessment shall be the creative, financial and technical

provision of the concept and also the amount of the official language during the transmission

time of a programme produced by audiovisual national or regional electronic mass medium.

(2) Results of the invitation to tender shall be determined not later than three months after the

last day of the deadline for applications.

(3) The National Electronic Mass Media Council shall take a decision on the results of the

invitation to tender which within 10 days after the day of taking thereof shall be published in

the official gazette Latvijas Vēstnesis, and also in a local newspaper if the tender was

announced for regional or local broadcasting.

(4) A decision of the National Electronic Mass Media regarding the results of a tender may be

appealed to the Administrative District Court within a month after the day of coming into

force thereof.

(5) The appeal of a decision shall not suspend the application thereof.

[24 April 2014; 23 October 2014]

Section 18. Broadcasting Permit

(1) A broadcasting permit shall certify the right of an electronic mass medium to produce and

distribute programmes and determine the rights and obligations thereof. A broadcasting

permit shall be issued by the National Electronic Mass Media Council.

(2) A broadcasting permit shall be issued for 10 years.

(3) A State fee shall be paid for the issue of a broadcasting permit and review of the principal

conditions of the broadcasting permit, and the amount, procedures for payment and relief of

such fee shall be determined by the Cabinet.

(4) In order to receive a broadcasting permit a private person (including the winner of a

tender), regardless of the country of registration or the place of residence thereof, shall submit

an application to the National Electronic Mass Media Council by appending thereto

information on the beneficial owner thereof and the certification of the electronic

communications merchant ensuring the distribution of the respective programme or service

regarding the distribution of this programme or service. If a radio frequency resource is not

necessary for the production and distribution of the programme, the principal conditions of

activity shall be attached to the application specifying the intended name of the programme,

the programme format, the language, information regarding the owners, as well as other

information which the applicant considers important; a plan for the development of operation

of an electronic mass medium and documents which attest to the possible sources of financing

for at least the first year of operation.

(41) In the event of a change in the beneficial owner of the electronic mass medium to which

the broadcasting permit has been issued, the electronic mass medium shall immediately, but

not later than within 14 days from the date of finding out the respective information, submit to

the National Electronic Mass Media Council information on the change of the beneficial

owner.

(42) In order to assess the information provided on the beneficial owner, the Council has the

right to request for an opinion from competent State security institutions, a supervisory and

control authority of the Law on the Prevention of Money Laundering and Terrorism

Financing, and competent institutions determined in the Law on International Sanctions and

National Sanctions of the Republic of Latvia and also from competent institutions of other

countries.

(5) If the winner of the tender or such national or regional electronic mass medium to which

the rights to expand the programme broadcasting coverage area have been granted based on

the decision by the National Electronic Mass Media Council fails to take out the broadcasting

permit within 12 months from the date on which the decision on tender results or the decision

on expanding the coverage area has come into force or fails to start operations within

15 months, the National Electronic Mass Media Council shall cancel the abovementioned

decision.

(6) Upon the expiry of the term of validity of a broadcasting permit, a new broadcasting

permit shall be issued for the electronic mass medium without a tender, if during its last year

of operation violations of this Law have not been determined by a court judgement that is in

force.

(7) The electronic mass medium to which a broadcasting permit has been issued in

accordance with the procedures specified in Section 16 of this Law has the right to receive a

permit for the use of frequency allotment and to arrange their own distribution means in

accordance with the procedures specified in the Electronic Communications Law, taking into

account that laid down in Section 13, Paragraph two of this Law, or to use the distribution

services of programmes provided by communications merchants.

(8) The electronic mass media to which a broadcasting permit has been issued have a duty to

ensure the broadcasting coverage area specified in the permit.

(9) If the operation of an electronic mass medium is terminated, the broadcasting permit shall

be considered null and void and must be returned to the National Electronic Mass Media

Council.

[14 February 2013; 24 April 2014; 22 November 2017; 20 June 2018]

Section 19. Retransmission Permit, Additional Conditions for the Provision of the

Services of the Distribution of Retransmission and Television Programmes

(1) For retransmission and distribution of programmes on public electronic communications

networks, it is necessary to receive the consent of the owner (holder) of the programme to be

retransmitted and a retransmission permit from the National Electronic Mass Media Council.

(11) A local electronic mass medium may not retransmit such television programmes which

are already being transmitted or retransmitted in the national or regional electronic

communications networks of terrestrial television broadcasting.

(12) The provider of the distribution services of television programmes shall receive

programmes from the source specified by the owner (holder) of the respective programme,

unless provided for otherwise by this Law. Upon fulfilling the duties provided for in

Paragraphs six and 6.1 of this Section, the electronic mass medium, which provides the

distribution services of television programmes, for programme reception is entitled to use the

signal of the respective television programme which is received by end-users for free in

digital terrestrial broadcasting.

(2) In order to receive a retransmission permit a private person, regardless of the country of

registration or the place of residence thereof, shall submit to the National Electronic Mass

Media Council an application by appending thereto information on the beneficial owner

thereof, the list of programmes to be retransmitted and, if necessary, a document certifying the

registration at the Public Utilities Commission, and also shall pay a State fee. Each year by

the last working day of the first month of the year, the retransmission permit shall be re-

registered whereof a State fee shall be paid and information requested by the National

Electronic Mass Media Council shall be submitted to it for the continuation of the programme

retransmission. The Cabinet shall determine the amount, procedures for payment and relief of

a State fee.

(21) In the event of a change in the beneficial owner of the electronic mass medium to which

the retransmission permit has been issued, the electronic mass medium shall immediately, but

not later than within 14 days from the date of the finding out the respective information,

submit to the National Electronic Mass Media Council information on the change of the

beneficial owner.

(22) In order to assess the information provided on the beneficial owner, the Council has the

right to request for an opinion from competent State security institutions, a supervisory and

control authority of the Law on the Prevention of Money Laundering and Terrorism

Financing, and competent institutions determined in the Law on International Sanctions and

National Sanctions of the Republic of Latvia and also from competent institutions of other

countries.

(3) If it is necessary to have a frequency resource to retransmit, a retransmission permit shall

be issued in accordance with the procedures specified in Section 16 of this Law. The

electronic mass medium to which a retransmission permit has been issued in accordance with

the procedures specified in Section 16 of this Law has the right to receive a permit for the use

of frequency allotment and to arrange their own distribution means in accordance with the

procedures specified in the Electronic Communications Law, taking into account that laid

down in Section 13, Paragraph two of this Law, or to use the distribution services of

programmes provided by an electronic communications merchant.

(4) An electronic communications merchant under the jurisdiction of Latvia which has

received the retransmission permit of a relevant programme shall be responsible for the

compliance of the content of such programmes to be retransmitted with the requirements of

this Law to the initial distribution of which the jurisdiction of the European Union Member

States or European Convention on Transfrontier Television Member States is not applied.

(5) [17 December 2015]

(6) The provider of the distribution services of television programmes shall ensure the supply

of the television programmes of the public electronic mass media distributed in Latvia to all

subscribers in an unchanged form. A retransmission permit shall not be necessary for the

distribution of such programmes in the relevant public electronic communications networks.

The relevant electronic mass medium shall not collect a fee for ensuring the distribution of

public electronic mass media television programmes from the public electronic mass medium

whose programmes are distributed by it, meanwhile the public electronic mass medium whose

programmes are being distributed shall not collect a fee from the electronic mass medium

which distributes its programmes.

(61) The provider of the television programme distribution service shall ensure the supply of

commercial national electronic mass media television programmes distributed in Latvia to all

subscribers in an unchanged form which by using the technical means of terrestrial

broadcasting are available to the end-user for free, unless the relevant mass medium requests a

fee for the distribution of its programmes. If a commercial national electronic mass medium

does not request a fee for the distribution of its programme, no retransmission permit shall be

needed for such programme distribution in public electronic communications networks. The

provider of the television programme distribution service shall not collect a fee for the

distribution of such commercial national electronic mass media television programmes from

such commercial national electronic mass medium whose programmes it distributes. If it is

necessary to cover expenses related to ensuring a satellite signal, but the commercial national

electronic mass medium does not cover such expenses, the provider of the television

programme distribution service has no duty to ensure the distribution of the respective

programme by using the satellite.

(62) Commercial national electronic mass media shall ensure equal and non-discriminatory

retransmission terms for electronic mass media which retransmit or wish to retransmit their

programmes.

(7) [21 November 2013 / See Paragraph 25 of Transitional Provisions.]

(8) Electronic mass media which retransmit television programmes by using cable television,

upon concluding the relevant service contract, shall include in their programme offer the

regional or local electronic mass media television programmes available in the respective

territory which by using the technical means of terrestrial broadcasting are available to the

end-user for free. The abovementioned condition shall be applicable to the distribution of

such programmes whose transmission duration is at least six hours per day, unless the

electronic mass medium which retransmits television programmes by using cable television

has reached an agreement with the respective regional or local electronic mass medium on a

shorter transmission duration. The relevant electronic mass medium shall not collect a fee for

ensuring such retransmission from such electronic mass medium the programmes of which it

is retransmitting, in the same way as the electronic mass medium the programmes of which

are being retransmitted shall not collect a fee from the electronic mass medium which is

retransmitting its programmes.

(9) If the public electronic communications network coverage area of the electronic mass

medium, which retransmits television programmes by using cable television, exceeds the

coverage area in terrestrial broadcasting specified in the regional or local electronic mass

medium television programme broadcasting permit referred to in Paragraph eight of this

Section, the electronic mass medium which retransmits television programmes by using cable

television has a duty, in compliance with the provisions of the national strategy for the

development of the electronic mass media sector, to include in its programme offer regional

or local electronic mass media television programmes available in the respective territory that

by using the technical means of terrestrial broadcasting are available to the end-user for free

by concluding the respective service contract, and the right to request a fee from the

respective regional or local electronic mass medium for the provided service that does not

exceed the actual costs, if the following conditions exist:

1) local or regional electronic mass medium wishes that its television programme

would be retransmitted outside the coverage area specified in the broadcasting permit;

2) electronic mass medium which retransmits television programmes by using cable

television has technical capabilities of ensuring the inclusion of the respective television

programme in the programme offer thereof;

3) transmission duration of the regional or local electronic mass medium television

programme to be included is at least six hours per day, unless the electronic mass medium

which retransmits television programmes by using cable television has reached an agreement

with the respective regional or local electronic mass medium on a shorter transmission

duration.

(10) If the electronic mass medium, which retransmits television programmes by using cable

television, in accordance with the provisions of Paragraph eight or nine of this Section has a

duty to distribute regional or local electronic mass media television programmes, but such

regional or local electronic mass media television programme has a low-quality content or the

distribution of the television programme for technical or commercial reasons may cause

disproportionate damage to the respective electronic mass medium, the National Electronic

Mass Media Council, having examined a duly justified application by the electronic mass

medium, is entitled to exempt this electronic mass medium from the fulfilment of the duty

with regard to the distribution of the respective regional or local electronic mass medium

television programme or to conclude an administrative contract with the respective electronic

mass medium by reaching an agreement on conditions for the fulfilment of the

abovementioned duty.

(11) The conclusion of the contract referred to in Paragraph eight or nine of this Section as

such does not release the parties from the fulfilment of the duty referred to in Paragraph eight

or nine of this Section. No retransmission permit is needed for the distribution of television

programmes referred to in Paragraphs eight and nine of this Section in the respective public

electronic communications networks.

(12) The provider of the television programme distribution service (including the electronic

mass medium which retransmits television programmes by using cable television in addition

to the programmes provided for in Paragraphs six, 6.1, eight and nine of this Section) shall

ensure that the following television programmes would be offered to all of its subscribers in

an unchanged form:

1) at least one television programme that mainly covers news, analytical and

informative broadcasts in any of the official languages of the European Union produced in a

Member State or Member States of the European Union;

2) at least one television programme the broadcast language whereof in the extent of at

least 50 per cent of the total transmission time is the official language, with a condition that

the total transmission duration of the abovementioned programme is at least 18 hours per day,

the owner (holder) of the programme has received a broadcasting permit for the production

and distribution of the respective programme in Latvia and complies with the terms of the

broadcasting permit, ensures high-quality and continuous signal supply to the respective

electronic mass medium which provides the television programme distribution service;

3) at least one television programme that mainly covers popular science broadcasts in

any of the official languages of the European Union produced in a Member State or Member

States of the European Union;

4) at least one television programme that mainly covers broadcasts aimed at children

and young people in any of the official languages of the European Union produced in a

Member State or Member States of the European Union.

(13) The provider of the television programme distribution service which is subject to the

duties provided for in Paragraphs six, 6.1, eight, nine, and twelve of this Section shall include

the respective television programmes in the list of offered programmes prior to other

television programmes and in the sequence specified in this Section.

[14 February 2013; 18 April 2013; 21 November 2013; 17 December 2015;

22 November 2017; 20 June 2018]

Section 20. Name of an Electronic Mass Medium or Programme

(1) A broadcasting permit or retransmission permit may be issued if the name of an electronic

mass medium or programme:

1) can unmistakably be distinguishable from the name of another previously registered

electronic mass medium or programme in Latvia;

2) complies with the requirements of the Official Language Law and other laws and

regulations;

3) can unmistakably be distinguishable from the name of such electronic mass medium

or programme the operation of which has been terminated by a court ruling in force;

4) does not infringe the requirements referred to in Paragraph two of this Section.

(2) The name of an electronic mass medium or programme registered in Latvia, the European

Union or in accordance with the provisions of international registration which apply to Latvia

may not contain the name or trademark or parts of a trademark of an electronic mass medium

or programme registered abroad in such way which could mislead the audience. Such a

trademark may be used in cases when an electronic mass medium registered abroad has a

significant effect on the operation of an electronic mass medium under the jurisdiction of

Latvia or a person who has exclusive rights to such trademark has permitted to use it in the

territory of Latvia.

(3) The conditions referred to in Paragraph one of this Section shall be observed also after the

issue of a broadcasting permit or retransmission permit.

Section 21. Annulment of a Broadcasting Permit or Retransmission Permit, Suspension

and Termination of the Operation of an Electronic Mass Medium

(1) The National Electronic Mass Media Council has the right to annul a broadcasting permit

or retransmission permit if an electronic mass medium:

1) has terminated its operation but has not submitted the issued broadcasting permit to

the National Electronic Mass Media Council;

2) operates irregularly, thus failing to fulfil the principal conditions of a broadcasting

permit or retransmission permit, except in cases when this occurs due to technical reasons and

for not longer than three months;

3) has not paid the State fee in the case referred to in Section 15, Paragraph nine or the

second sentence of Paragraph two of Section 19 respectively.

(2) The National Electronic Mass Media Council has the right to suspend the operation of an

electronic mass medium for a period of up to seven days if during a year it has repeatedly:

1) violated this Law;

2) distributed a programme which fails to comply with the principal conditions of a

broadcasting permit or retransmission permit.

(3) The National Electronic Mass Media Council has the right to annul a broadcasting permit

or retransmission permit if an electronic mass medium:

1) has been punished administratively for three times during a year for a significant

violation of this Law;

2) within one year from the day when the Council has taken a decision on the

suspension of the operation of the electronic mass medium has committed significant

violations referred to in Paragraph two, Clauses 1 and 2 of this Section;

3) has committed significant violation of the provisions included in broadcasting or

retransmission permit;

4) fails to observe the provisions of Section 18, Paragraph eight of this Law and this is

a significant violation;

5) within a month from the day the Council has issued a warning regarding violation

of the provisions included in a broadcasting permit does not stop violation of the relevant

provision;

6) within a month from the day the Council has issued a warning regarding violation

of the provisions included in a broadcasting permit has repeatedly significantly violated the

relevant provision;

7) in accordance with a court judgement that is in force or a public prosecutor’s penal

order has been recognised as guilty in crimes against the State or a compulsory coercion

measure applicable to legal persons has been determined to it for such criminal offences.

(31) In the application of Section 21, Paragraph three of this Law and upon assessing the

significance of a violation, the National Electronic Mass Media Council shall take into

consideration the public hazard of a violation, actions taken by the electronic mass medium in

relation to the elimination of the consequences and recurrence of a violation, the impact of a

violation on general operations of the electronic mass medium and the ability to continue

operations.

(4) The notification of the National Electronic Mass Media Council regarding annulment of a

broadcasting permit or retransmission permit or termination of the operation of the electronic

mass medium shall be published on the Internet website of the Council and in the official

gazette Latvijas Vēstnesis, but regarding a regional or local electronic mass medium – also in

a local newspaper.

(5) The application of this Section shall not be influenced by the application of the provisions

of Chapter III.1 of this Law.

[24 April 2014; 17 December 2015; 22 November 2017]

Chapter III.1 Prohibition to Distribute Electronic Mass Media Programmes and On-

demand Services of Other Countries

[17 December 2015]

Section 21.1 Prohibition to Distribute an Audiovisual Programme of an Electronic Mass

Medium of another Member State of the European Union or European

Economic Area

(1) The National Electronic Mass Media Council shall ensure the freedom of reception and

shall not restrict the retransmission of an audiovisual programme of an electronic mass

medium in the territory of Latvia from another Member State of the European Union or

European Economic Area, except for the cases when an electronic mass medium programme

has manifestly, seriously and gravely violated the provisions of Section 24, Paragraph nine or

ten or Section 26 of this Law and such violation has occurred at least twice in the last

12 months.

(2) In the case referred to in Paragraph one of this Section the National Electronic Mass

Media Council shall inform the respective electronic mass medium, the respective country

and the European Commission on:

1) broadcasts in which violations have been established;

2) nature of violation;

3) expected duration of the prohibition to distribute the electronic mass medium

programme in the territory of Latvia;

4) possibility to reach an agreement on an acceptable solution within 15 days from the

receipt of notification.

(3) If consultation with the respective electronic mass medium, the respective country and the

European Commission within 15 days from the receipt of notification has concluded without

an acceptable solution and the electronic mass medium commits a new violation in the

programme, the National Electronic Mass Media Council may take a decision on prohibition

to distribute the electronic mass medium programme by indicating the period during which

such prohibition shall be valid in the territory of Latvia.

(4) The decision on prohibition to distribute an electronic mass medium programme shall be a

general administrative act. The decision shall be published in the official gazette Latvijas

Vēstnesis.

(5) In addition to the provisions of this Section, if the distribution of any audiovisual

programme has already been prohibited in any of the Member States of the European Union

or European Economic Area due to the violations referred to in Section 26 of this Law and

this prohibition is valid, the National Electronic Mass Media Council through collaboration

with the respective foreign competent institution shall find out whether these violations are

established in the programme which is distributed in Latvia. If such violations are established,

the National Electronic Mass Media Council may take a decision on prohibition to distribute

the specific programme in Latvia in accordance with the procedures laid down in this Section.

[20 June 2018]

Section 21.2 Prohibition to Distribute an Audiovisual Programme of an Electronic Mass

Medium of another Member State of the European Union or European

Economic Area that is Fully or Mainly Directed towards the Territory of

Latvia

(1) If an audiovisual programme of the electronic mass medium under the jurisdiction of

another Member State of the European Union or European Economic Area is fully or mainly

directed towards the territory of Latvia and the National Electronic Mass Media Council has

established that such provisions of this Law or other laws and regulations have been violated

in the audiovisual programme of the electronic mass medium that provide for more detailed or

stricter conditions for programme production than the legal acts of the European Union, the

National Electronic Mass Media Council may not need to apply Section 21.1 of this Law.

(2) In the case referred to in Paragraph one of this Section the National Electronic Mass

Media Council shall inform the respective electronic mass medium and the respective country

on the established violations in order to reach an acceptable solution. The National Electronic

Mass Media Council may request the respective country to ensure that the respective

electronic mass medium complies with the provisions of the laws and regulations of Latvia.

(3) The National Electronic Mass Media Council may request the review of this matter by the

contact committee set up in accordance with the legal acts of the European Union.

(4) The National Electronic Mass Media Council, upon establishing a violation of the

conditions for the production of programmes, may take a decision on prohibition to distribute

the electronic mass medium programme by indicating the period during which such

prohibition shall be valid in the territory of Latvia, or on imposition of a fine on the electronic

mass medium which is subject to editorial responsibility in respect of the respective

programme if all of the conditions listed below exist:

1) an acceptable solution is not reached within a period of two months in accordance

with the procedures set out in Paragraph two of this Section;

2) respective electronic mass medium has acquired jurisdiction in another country in

order to evade stricter rules established in Latvia;

3) National Electronic Mass Media Council has notified the respective electronic mass

medium, the respective country and the European Commission of the intention to take the

planned measures referred to in the introductory section of this Paragraph by providing

justification thereof;

4) European Commission has taken a decision on compliance of the planned measures

referred to in the introductory section of this Paragraph with the legal acts of the European

Union.

(5) The decision on prohibition to distribute an electronic mass medium programme shall be a

general administrative act. The decision shall be published in the official gazette Latvijas

Vēstnesis.

Section 21.3 Prohibition to Distribute an On-demand Audiovisual Electronic Mass

Media Service of another Member State of the European Union or

European Economic Area

(1) The National Electronic Mass Media Council shall ensure the freedom of reception and

shall not restrict the distribution of an on-demand audiovisual electronic mass medium service

in the territory of Latvia from another Member State of the European Union or European

Economic Area, except for the cases when the on-demand audiovisual electronic mass

medium service of another country significantly endangers:

1) public order, in particular the prevention, detection and investigation of a criminal

offence, the protection of minors and the fight against any incitement to hatred on the grounds

of race, gender, religion, nationality or ethnic belonging, and also violations of human

dignity;

2) protection of public health;

3) public safety, including national security and defence;

4) protection of consumers, including investors.

(2) In the case referred to in Paragraph one of this Section the National Electronic Mass

Media Council shall request to eliminate the violation and shall inform the respective

electronic mass medium, the respective country and the European Commission on:

1) broadcast in which the violation has been established;

2) nature of violation;

3) expected duration of the prohibition to distribute the on-demand audiovisual

electronic mass medium service in the territory of Latvia;

4) possibility to reach agreement on an acceptable solution within 15 days from the

receipt of notification.

(3) If the respective electronic mass medium and the respective country have not taken

measures for the elimination of the violation or these measures were not adequate, the

National Electronic Mass Media Council may take a decision on prohibition to distribute the

on-demand audiovisual electronic mass medium service by indicating the period during which

such prohibition shall be valid in the territory of Latvia.

(4) In case of urgency the National Electronic Mass Media Council may derogate from the

procedure specified in Paragraphs two and three of this Section. In such case the respective

electronic mass medium, the respective country and the European Commission shall be

informed on the measures taken within the shortest possible time period by providing

justification for urgency.

(5) The decision on prohibition to distribute an on-demand audiovisual electronic mass

medium service shall be a general administrative act. The decision shall be published in the

official gazette Latvijas Vēstnesis.

Section 21.4 Prohibition to Distribute an Electronic Media Audiovisual Programme and

On-demand Audiovisual Service of another Member State of the

European Convention on Transfrontier Television

(1) The National Electronic Mass Media Council shall ensure the freedom of reception and

shall not restrict the retransmission of an electronic mass media audiovisual programme and

distribution of an on-demand audiovisual service of the Member State of the European

Convention on Transfrontier Television in the territory of Latvia that is not the Member State

of the European Union or European Economic Area, except for the cases when the provisions

of the European Convention on Transfrontier Television have been violated in the electronic

mass medium programme or catalogue.

(2) In the case referred to in Paragraph one of this Section the National Electronic Mass

Media Council shall inform the respective electronic mass medium and the respective

Member State of the European Convention on Transfrontier Television on the established

violations and shall seek an acceptable solution in accordance with the procedures set out in

the European Convention on Transfrontier Television.

(3) If the electronic mass medium programme or catalogue has manifestly, seriously and

gravely violated the provisions of Section 24, Paragraph nine or ten or Section 26 of this Law

and the National Electronic Mass Media Council fails to reach an acceptable solution within a

period of two weeks following the receipt of the notification referred to in Paragraph two of

this Section, the National Electronic Mass Media Council may take a decision on prohibition

to distribute an electronic mass media programme or on-demand audiovisual service by

indicating the period during which such prohibition shall be valid in the territory of Latvia.

(4) In all other cases of potential violations, if the violation continues for a period of eight

months after the provision of the notification referred to in Paragraph two of this Section, the

National Electronic Mass Media Council may take a decision on prohibition to distribute an

electronic mass media programme or on-demand audiovisual service in accordance with the

provisions of the European Convention on Transfrontier Television by indicating the period

during which such prohibition shall be valid in the territory of Latvia.

(5) The decision on prohibition to distribute an electronic mass medium programme or on-

demand audiovisual service shall be a general administrative act. The decision shall be

published in the official gazette Latvijas Vēstnesis.

Section 21.5 Prohibition to Distribute an Electronic Mass Media Audiovisual

Programme and On-demand Audiovisual Service of Another Country

(1) The National Electronic Mass Media Council shall ensure the freedom of reception and

shall not restrict the retransmission of an electronic mass media audiovisual programme and

distribution of an on-demand audiovisual service in the territory of Latvia of a country which

is not the Member State of the European Union, European Economic Area or European

Convention on Transfrontier Television, except for the cases when the conditions for the

production of programmes or catalogues of this Law or other laws and regulations have been

violated in the audiovisual programme or catalogue.

(2) In the case referred to in Paragraph one of this Section the National Electronic Mass

Media Council may take a decision on prohibition to distribute an electronic mass media

programme or an on-demand audiovisual service by indicating the period during which such

prohibition shall be valid in the territory of Latvia.

(3) The decision on prohibition to distribute an electronic mass medium programme or on-

demand audiovisual service shall be a general administrative act. The decision shall be

published in the official gazette Latvijas Vēstnesis.

Section 21.6 Prohibition to Distribute an Electronic Mass Media Audioprogramme of

Another Country

(1) The National Electronic Mass Media Council shall ensure the freedom of reception and

shall not restrict the distribution of an electronic mass medium audioprogramme of another

country in the territory of Latvia, except for the cases when the conditions for the production

of programmes of this Law or other laws and regulations have been violated in the

audioprogramme.

(2) In the case referred to in Paragraph one of this Section the National Electronic Mass

Media Council may take a decision on prohibition to distribute an electronic mass medium

audioprogramme by indicating the period during which such prohibition shall be valid in the

territory of Latvia.

(3) The decision on prohibition to distribute an electronic mass medium audioprogramme

shall be a general administrative act. The decision shall be published in the official gazette

Latvijas Vēstnesis.

Chapter III.2 Procedures for Implementing the Prohibition to Retransmit Audiovisual

Programmes without Retransmission Permit

[23 November 2016]

Section 21.7 Decision on Termination of Retransmission of Audiovisual Programmes in

case of Failure to Receive the Retransmission Permit

If the National Electronic Mass Media Council establishes that the retransmission of

audiovisual programmes in Latvia is carried out without a retransmission permit, the Council

shall take a decision whereby a lawful obligation is imposed to terminate the retransmission

of audiovisual programmes within a period of 15 days or to receive the relevant

retransmission permit.

Section 21.8 Further Action Following a Decision on Termination of Retransmission of

Audiovisual Programmes

If retransmission is not terminated within the time period specified by the Council, a

retransmission permit is not received or no agreement is reached with the Council on

extension of the time period for the fulfilment of the lawful obligation, the Council shall fulfil

the functions of a supervisory body within the meaning of the Law on Information Society

Services and shall take other actions provided for in laws and regulations.

Chapter IV. On-demand Electronic Mass Media Services

Section 22. Right to Provide On-demand Electronic Mass Media Services

(1) In order to provide an on-demand electronic mass media service, the provider of such

services prior to commencing the provision thereof shall submit a notification to the National

Electronic Mass Media Council.

(2) [17 December 2015]

(3) The following information shall be specified in the notification:

1) for a natural person – name, surname, personal identity number;

2) for a legal person, association of persons – name, registration number and legal

address.

(4) The following shall be appended to the notification:

1) principal conditions of activity in which the name of the catalogue, the purpose of

operation of the electronic mass medium, the catalogue format, as well as other information

which the applicant considers important shall be indicated;

2) the information regarding the electronic communications network in which a

service will be distributed (cable television, satellite television, internet);

3) information on the beneficial owner.

(41) In the event of a change in the beneficial owner of the electronic mass medium which

provides on-demand services, the electronic mass medium shall immediately, but not later

than within 14 days from the date of finding out the respective information, submit to the

National Electronic Mass Media Council information on the change of the beneficial owner.

(42) In order to assess the information provided on the beneficial owner, the Council has the

right to request for an opinion from competent State security institutions, a supervisory and

control authority of the Law on the Prevention of Money Laundering and Terrorism

Financing, and competent institutions determined in the Law on International Sanctions and

National Sanctions of the Republic of Latvia and also from competent institutions of other

countries.

(5) The provisions of Paragraph one, two and three of this Section shall not be applied if a

resource of frequencies is necessary in order to provide on-demand electronic mass media

services. In such case a service provider shall receive a broadcasting permit in accordance

with the procedures specified in Sections 16 and 17 of this Law.

[17 December 2015; 20 June 2018]

Section 23. Conditions for Creation of a Catalogue of On-demand Electronic Mass

Media Services

(1) A catalogue may not contain services which encourage incitement to hatred or invite

discrimination against some person or group of persons on the grounds of sex, race or ethnic

origin, nationality, religious affiliation or faith, disability, age or other circumstances.

(2) Films shall be transmitted at the time which is agreed with owners of the rights.

(3) In a catalogue and during transmission films shall be marked with the relevant film

classification index as indicated in the Cabinet Regulation.

(4) An electronic mass medium shall, in providing on-demand services which might seriously

impair the physical, mental and moral development of minors, ensure conditional access

control for such services (so they are not receivable under normal conditions).

(5) An electronic mass medium which provides on-demand audiovisual services shall include

European audiovisual works in its catalogue.

(6) An electronic mass medium which provides on-demand services shall ensure permanent

access to at least the following information:

1) the name of the electronic mass medium;

2) address at which the electronic mass medium is performing entrepreneurship;

3) contact information of the electronic mass medium, including its electronic mail

address or the Internet website;

4) the contact information of the responsible supervisory body – the National

Electronic Mass Media Council.

Chapter V. Production and Retransmission of Programmes and Broadcasts of the

Electronic Mass Media

Section 24. General Provisions for the Production of Programmes

(1) The electronic mass media shall be free and independent in the production and distribution

of programmes and broadcasts, as well as in the editorial activity thereof, in so far as it is not

restricted by the Constitution of the Republic of Latvia, this Law and other laws, the Sate

technical standards and international agreements binding on Latvia.

(2) The electronic mass media, respecting the variety of opinions, shall maintain the idea of

independent, democratic and judicial State of Latvia, observe human rights and operate in the

interests of the society of Latvia.

(3) The electronic mass media shall observe the principal conditions of activity which they

have submitted to the National Electronic Mass Media Council in order to receive a

broadcasting permit. If the broadcasting rights have been obtained in accordance with tender

procedures, the principal conditions of activity may be changed upon consent of the National

Electronic Mass Media Council. The main audio language and format of the electronic mass

media programmes shall be an unchangeable component of the principal conditions within the

term of validity of the issued broadcasting permit. The language track may be changed during

the term of validity of the broadcasting permit.

(4) The electronic mass media shall ensure that facts and events are fairly, objectively, with

due accuracy and impartiality reflected in broadcasts, promoting exchange of opinions, and

comply with the generally accepted principles of journalism and ethics. Commentary and

opinions shall be separated from news and the name of the author of the opinion or

commentary shall be indicated. Facts shall be reflected in informative documentary and news

broadcasts in a way not to intentionally mislead the audience.

(5) The electronic mass media shall develop a publicly available code of conduct where they

indicate the basic principles of the operation thereof, the accepted conditions of ethical

activity, regulations regarding inappropriate audio and audiovisual commercial

communications, including those the target audience of which is minors and which may

negatively affect the psychological and physical development of minors, as well as shall

indicate the measures which facilitate the availability of services for persons with impaired

vision or hearing. The code of conduct shall also include regulations regarding inappropriate

audiovisual commercial communications, intended for children, of foods and beverages

containing nutrients and substances with a nutritional or physiological effect, in particular

those such as fat, trans-fatty acids, salt and sugars, excessive intakes of which in the overall

diet are not recommended.

(6) Films shall be transmitted at a time which is agreed with owners of the rights. During

transmission films shall be marked with the relevant film classification index as indicated in

the Cabinet Regulation.

(7) In accordance with the laws and regulations regarding emergency situations and the state

of exception the public electronic mass media in the case of emergency situations and the

state of exception have a duty to allow the responsible institutions to provide information and

make public announcements.

(8) The public electronic mass media have a duty to provide an opportunity for the President,

the Chairperson of the Saeima or the Prime Minister to make an emergency announcement

without delay.

(9) Audio and audiovisual works displaying physical or psychological violence, bloody or

horror scenes, scenes relating to the use of narcotics and sexual acts, or containing foul

language may not be transmitted between the hours of 7.00 and 22.00.

(10) The electronic mass media shall not distribute audio and audiovisual works with content

that may be harmful to the physical, mental and moral development of minors, unless they

have been scheduled for a time other than that referred to in Paragraph nine of this Section, or

the electronic mass media provides conditional access control. If conditional access control is

not ensured, an acoustic warning shall be provided before such audiovisual works and they

shall be specially marked with a visual symbol.

(11) If an electronic communications merchant, which ensures the distribution of the

programmes produced by the electronic mass media in its electronic communications

networks, is an electronic mass medium which produces its own programmes or participates

with its contribution in other electronic mass media, conditions for the distribution of the

programmes produced by such electronic mass medium that do not discriminate other

electronic mass media shall be applied.

[7 March 2013; 20 June 2018]

Section 25. Editorial Responsibility of the Electronic Mass Media

The electronic mass media shall undertake editorial responsibility. Within the meaning

of this Section editorial responsibility of the electronic mass media is effective control in

respect of both the choice of broadcasts and organisation thereof in programmes and

catalogues. These regulations shall not apply to the retransmission of programmes.

Section 26. Restrictions on Production of Programmes

The programmes and broadcasts of the electronic mass media may not contain:

1) stories which accentuate violence;

2) materials of a pornographic nature;

3) incitement to hatred or discrimination against a person or group of persons on the

grounds of sex, race or ethnic origin, nationality, religious affiliation or faith, disability, age or

other circumstances;

4) incitement to war or the initiation of a military conflict;

5) incitement to overthrow State power, or to violently change the State political

system, to destroy the territorial integrity of the State, or to commit any other crime;

6) stories which discredit the statehood and national symbols of Latvia.

Section 27. Events of Major Importance for the Society of Latvia

(1) The electronic mass media under the jurisdiction of Latvia exercising their exclusive rights

shall broadcast events of major importance for the society of Latvia approved by the Cabinet

which on the basis of a prior plan are organised by organisers of events who are entitled to

sell the rights associated with such events, so that at least 95 per cent of the inhabitants of the

territory of Latvia are able to follow thereof through the intermediation of free television live

broadcasts or record broadcasts.

(2) Events of major importance for the society of Latvia shall comply with at least two of the

following criteria:

1) it is a national or cultural event especially important for the inhabitants of Latvia;

2) it is a sports event or competition at international level in which the national team of

Latvia participates;

3) the event is traditionally reflected via free television and has attracted the attention

of a considerable part of the inhabitants of Latvia.

(3) If an electronic mass medium under the jurisdiction of Latvia has exclusive rights to

transmit such events which another European Union Member State or European Convention

on Transfrontier Television Member State has included in its list of events of major

importance for the society, such electronic mass medium shall not use its exclusive rights in

respect of the electronic mass media under the jurisdiction of the other Member State, if thus

the possibility to follow the relevant event via free television would be interdicted for the

substantial portion of the public of other Member State.

(4) If an electronic mass medium under the jurisdiction of Latvia has exclusive rights to

reflect events which are of high interest to the public, another electronic mass medium under

the jurisdiction of Latvia or another European Union Member State or European Convention

on Transfrontier Television Member State may access the signal of the broadcasting

electronic mass medium in a fair, reasonable and non-discriminatory manner, or, if this is not

possible, may access other broadcasting materials and include broadcast fragments of the

respective events in their general news reports. The transmission time of such included

fragments must not exceed 90 seconds and they may be included in general news broadcasts

not later than 30 days following the date of the reflected event. Electronic mass medium

which uses such materials shall indicate the source thereof. A fee may be requested for the use

of the respective materials which does not exceed the costs of transfer (transmission) or

copying of such materials.

(41) An electronic mass medium under the jurisdiction of Latvia, which in accordance with

Paragraph four of this Section wishes to obtain access to events which are of high interest to

the public, shall request such access primarily from the electronic mass medium under the

jurisdiction of Latvia.

(5) The transmission materials referred to in Paragraph four of this Section shall not be

included in broadcasts which are distributed on demand. This condition shall not apply to the

on-demand services of those electronic mass media which have distributed the relevant news

broadcast prior to its inclusion in the catalogue as a part of its programme.

(6) Placement of information in broadcasts shall not be compensated. Any inclusion of

information, story, commentary, review, news or invitation of a participant to participate in a

broadcast in return for payment shall be considered as an audio or audiovisual commercial

communication.

[18 April 2013]

Section 28. Language of a Programme, Broadcast and Advertising

(1) Each broadcast shall take place in one language – the language of the broadcast if it is not

otherwise provided for in this Law.

(2) Television broadcasts and broadcast fragments which are in other languages shall be

provided with a translation into the language of the broadcast. This provision shall not be

applicable to broadcasts or broadcast fragments in the official language, to language teaching

broadcasts, interactive direct broadcasts (when a link between participants of a broadcast and

audience is made during a live transmission), performances of musical works and interstate

co-operation broadcasts during live transmission.

(21) The radio programme of an electronic mass media shall be in the official language or a

foreign language. A broadcast or a broadcast fragment in a foreign language in the radio

programme of the electronic mass medium which is in the official language shall be translated

into the official language. A broadcast or a broadcast fragment in the official language in the

radio programme of the electronic mass medium which is in a foreign language may not need

to be translated into a foreign language. The provisions of this Section shall not be applicable

to language teaching broadcasts, interactive direct broadcasts (when a link between

participants of a broadcast and audience is made during a live transmission), performances of

musical works and interstate co-operation broadcasts during live transmission.

(3) Films to be demonstrated shall be made with a voice-over, dubbed or subtitled in the

official language. The dubbed and voice-over text in parallel with the original soundtrack and

subtitles in the official language shall be made in such quality which ensures sufficiently

precise understanding of the text of the original language. Films intended for children shall be

dubbed or with voice-over in the official language. These provisions shall not apply to

retransmission, as well as to such films which in accordance with the issued broadcasting

permits and principal conditions of activity of the relevant electronic mass medium submitted

to the National Electronic Mass Media Council are transmitted for children of pre-school age

and younger school age of minorities of Latvia, or, using electronic communications networks

of satellite television, for the target audience other than inhabitants of Latvia. Voice-over of

films may be made only in one language, excluding the original soundtrack.

(4) Television broadcasts in foreign languages, except for live broadcasts, news and language

teaching broadcasts, shall be ensured with sub-titles in the Latvian language. This condition

shall not apply to retransmission, as well as to programmes distributed in electronic

communications networks of satellite television, which in accordance with a broadcasting

permit and principal conditions of activity of the relevant electronic mass medium submitted

to the National Electronic Mass Media Council is intended for a target audience other than the

inhabitants of Latvia.

(5) If a public electronic mass medium produces and distributes television news broadcasts in

a foreign language, it shall ensure the summary of the relevant news in the official language in

the form of a scrolling text line.

(6) Advertising inserted in broadcasts shall be in the language of the broadcast or in the

official language. This condition shall not apply to retransmission, as well as to programmes

distributed in electronic communications networks of satellite television, which in accordance

with a broadcasting permit and principal conditions of activity of the relevant electronic mass

medium submitted to the National Electronic Mass Media Council is intended for a target

audience other than the inhabitants of Latvia.

(7) If the Cabinet determines that in a part of the territory of the State there exists a threat to

the use of the official language or also the use or distribution thereof is insufficient, the

Cabinet shall decide regarding measures promoting the use of the official language in the

relevant territory.

[23 October 2014]

Section 29. Registration and Preservation of Programmes

(1) Each electronic mass medium shall ensure that all distributed programmes, except for the

programmes retransmitted, are fully recorded in such a quality as permits clearly and

unmistakably to determine the content of each programme. This recording shall be preserved

for not less than three calendar months following the day of the distribution of the relevant

programme, but if the programme is distributed in the pre-election period, in the period of

agitation prior to a referendum, in the period of agitation prior to the proposal of legislation or

in the period of agitation regarding proposal of the dissolution of the Saeima – throughout the

entire period and not less than three calendar months after the end thereof. A copy of the

recording shall be submitted free of charge to the National Electronic Mass Media Council, a

court, the Prosecutor's Office or investigative institutions, as well as other competent State

institutions upon their demand.

(2) Each electronic mass media producing programmes shall independently register

distributed programmes. These registration materials shall be submitted free of charge to the

National Electronic Mass Media Council, a court, the Prosecutor's Office or investigative

institutions, as well as other competent State institutions upon their demand.

(3) Upon the request of the National Electronic Mass Media Council, an electronic mass

medium shall provide to it the information on the title of the programme and the broadcast,

the time of its transmission, the duration time, the copyright holders, the related right holders,

the language of the broadcast, the sponsors of the broadcast, as well as audio and audiovisual

commercial communications. Such information shall be preserved for not less than one

calendar year after the day of distribution of the relevant programme and shall be submitted

free of charge to the National Electronic Mass Media Council upon a request.

(4) Audiovisual service providers shall ensure the registration of the programmes and

audiovisual works referred to in Sections 32 and 33 of this Law and once a year submit

reports to the National Electronic Mass Media Council regarding fulfilment of the provisions

of these Sections.

[21 February 2013; 24 April 2014]

Section 30. Production Data of a Broadcast and a Broadcast Announcement

(1) The production data shall be specified at the end of each broadcast.

(2) The production data of a broadcast shall include its authors.

(3) The production data of broadcasts shall be made in the official language. If a broadcast is

produced in a foreign language, the production data of the broadcast may be specified in the

language of the broadcast.

(4) In the case of the retransmission of a broadcast created by an independent producer and

retransmission of a certain broadcast, the electronic mass medium at the beginning of the

radio programme shall inform in an unambiguous manner that the respective broadcast is a

broadcast created by an independent producer or is the retransmission of a broadcast.

[23 October 2014]

Section 31. European Audiovisual Works

(1) European audiovisual works are:

1) literary dramatic works, serials, films, documentary, art, education and similar

creative works produced in Latvia and other European Union Member States;

2) audiovisual works complying with the provisions of Paragraph three of this Section,

which have been produced in those European Convention on Transfrontier Television

Member States which are not European Union Member States and do not apply

discriminating regulations in relation to audiovisual works produced in Latvia and other

European Union Member States.

(2) In accordance with agreements entered into between the European Union and states other

than European Union Member States and do not apply discriminating regulations in relation

to audiovisual works produced in Latvia and other European Union Member States, co-

production audiovisual works which comply with the conditions of the referred to agreements

shall also be considered as European audiovisual works.

(3) European audiovisual works specified in Paragraph one, Clauses 1 and 2 of this Section

are such works which have been produced primarily by authors and technical employees from

one or more of the states referred to in Paragraph one, Clauses 1 and 2, and which comply

with at least one of the following conditions:

1) they have been produced by one producer or several producers whose permanent

place of residence is in one of these states;

2) the production of the works is supervised and actually controlled by one producer or

several producers whose permanent place of residence is in one of these states;

3) the investment of producers from these states covers the larger share of co-

production costs, and the co-production is not controlled by one producer or several producers

residing permanently outside these states.

(4) European audiovisual works shall also be deemed to be such works, which are not

European audiovisual works within the meaning of Paragraph one of this Section, but which

have been produced within the scope of bilateral co-production agreements between Latvia or

other European Union Member States and the state other than a European Union Member

State, if the Latvian producers or producers of the European Union Member States cover the

larger share of co-production costs, and the co-production is not controlled by one or more

producers permanently residing outside the territory of Latvia or the European Union Member

States.

Section 32. Additional Provisions for the Inclusion of European Audiovisual Works and

Use of the Official Language in Broadcasts of the Electronic Mass Media

(1) Electronic mass media shall ensure that in the programme produced by them at least

51 per cent of the weekly transmission time, except for the news, sports events, games,

advertising, teleshopping and teleshopping windows, is reserved for European audiovisual

works.

(2) National and regional electronic mass media shall ensure that in the television programme

produced by them at least 40 per cent of the transmission time of European audiovisual

works, except for the news, sports events, games, advertising, teleshopping and teleshopping

windows, is reserved for audiovisual works in the official language.

(3) The national and regional electronic mass media shall ensure that in the television

programmes produced by them at least 65 per cent of all broadcasts, except for the

advertising, teleshopping and teleshopping windows, are in the official language and that such

broadcasts in the official language would take up at least 65 per cent of the transmission time.

(4) A television broadcast in a foreign language, if it is dubbed or has a voice-over in the

official language, shall also be deemed to be a broadcast in the official language, unless

otherwise provided for in an external law and regulation.

(5) If the electronic mass medium produces a transfrontier programme which is available also

in the territory of Latvia, it shall ensure the programme with a language track in the official

language. An electronic mass medium programme which is not available in the territory of

Latvia does not need to be ensured in the official language.

[23 October 2014; 22 November 2017; 20 June 2018]

Section 33. Inclusion of the Works of Other Electronic Mass Media and Independent

Producers in Electronic Mass Media Programmes

(1) In the programmes produced by the audiovisual national electronic mass media at least

10 per cent of the total volume of the weekly broadcasts and transmission time, except for the

news, sports events, games, advertising, teleshopping and teleshopping windows, shall be

intended for the European audiovisual works produced by independent producers. The

audiovisual electronic mass media shall ensure that the major proportion of the broadcasting

time granted to independent producers is allocated for the European audiovisual works

produced by independent producers in the last five years.

(2) In a radio programme of an electronic mass medium broadcasts produced by the electronic

mass medium itself shall constitute not less than 90 per cent of the total broadcasts and

transmission time per week, except for the performances of musical works, advertising, radio

shopping and radio shopping windows.

(3) The inclusion of another radio programme distributed in Latvia or abroad, a broadcast of

such programme or broadcast fragments in the radio programme of an electronic mass

medium shall be prohibited, unless the inclusion of such programme or a certain broadcast in

the programme is carried out in accordance with the procedures of retransmission or if such

programme, a certain broadcast or a broadcast fragment reflects events of importance to the

society of Latvia.

[23 October 2014]

Section 34. Information Regarding the Electronic Mass Media

The electronic mass media shall ensure permanent access to at least the following

information:

1) the name of the electronic mass medium;

2) address at which the electronic mass medium is performing entrepreneurship;

3) contact information of the electronic mass medium, including its electronic mail

address or the Internet website;

4) the contact information of the responsible supervisory body – the National

Electronic Mass Media Council.

Chapter VI. Audio and Audiovisual Commercial Communication, General Provisions

for Production and Sponsorship Thereof

Section 35. General Provisions for the Production of Audio and Audiovisual

Commercial Communications

(1) Audio and audiovisual commercial communications shall be produced in accordance with

the requirements of this Law, Advertising Law, Consumer Rights Protection Law,

Competition Law, Unfair Commercial Practices Prohibition Law and other laws and

regulations.

(2) Audio and audiovisual commercial communications may not:

1) encourage behaviour harmful to the protection of the environment;

2) use the images and recorded voices of persons who regularly present the news or

other programmes of public importance;

3) directly or indirectly promote products or services the advertising of which is

prohibited;

4) promote or encourage behaviour which threatens human health or safety;

5) include, promote or justify violence and cruelty, as well as cruel or irresponsible

behaviour towards animals;

6) injure human dignity;

7) incite hatred and invite discrimination against a person or group of persons on the

grounds of gender, age, religious, political affiliation or another faith, sexual orientation,

disability, race or ethnic origin, nationality or due to other circumstances;

8) advertise tobacco, tobacco products, electronic cigarettes, refill containers, and

smoking;

9) advertise premium rate telephone number services of a sexual nature in the

programmes of electronic mass media between the hours of 7:00 and 22:00;

10) depict persons in a sexually humiliating way;

11) show disrespect towards the national values and state symbols of Latvia.

(3) The provider of an audio and audiovisual commercial communication, which is not the

relevant electronic mass media, may not exercise any editorial influence over the content of

programme or broadcast of the electronic mass medium.

(4) The advertiser shall be liable for the content of an audio and audiovisual commercial

communication.

(5) The electronic mass medium shall be responsible for the insertion of an audio and

audiovisual commercial communication in the programme or broadcast of the electronic mass

medium in accordance with the provisions of this Law.

(6) Only truthful references or acknowledgments shall be used in an audio and audiovisual

commercial communication.

(7) It is prohibited to use technical means or other techniques in an audio and audiovisual

commercial communication which could affect the subconscious of spectators and listeners.

(8) The average volume of an audio or audiovisual commercial communication may not be

louder than the average volume within the interval of three minutes before the beginning of

the transmission of the audio or audiovisual commercial communication.

(9) Surreptitious audio or audiovisual commercial communication shall be prohibited.

(10) Product placement in the programmes of an electronic mass media shall be prohibited

except for the cases referred to in Section 45, Paragraph one of this Law.

(11) The restrictions of audio and audiovisual commercial communications referred to in this

Law shall not apply to the transmission of sporting and similar events in which advertising

materials are placed in the background of events (advertising posters in stadiums, names of

merchants and emblems, trademarks and the like) and it is not possible to avoid them.

(12) When inserting audio and audiovisual commercial communications in the programmes of

electronic mass media, they shall be separated from other parts of the programme at the

beginning and the end by optical and acoustic means so that such communications can be

immediately recognised and easily identified.

(13) Advertising in programmes of an electronic mass media shall be inserted in blocks.

(14) It is prohibited to insert advertising in the radio programmes of the electronic mass media

that uses acoustic means resembling the special sound signal of operative vehicles. It is also

prohibited to use such acoustic means for the separation of the beginning and end of an

advertising block from the rest of a radio programme.

[18 April 2013; 2 June 2016]

Section 36. Restrictions on Audio and Audiovisual Commercial Communications

Related to Alcoholic Beverages

(1) Advertising and teleshopping of beer and wine is permitted, but advertising and

teleshopping of other alcoholic beverages is prohibited.

(2) The following provisions shall be observed when inserting audio and audiovisual

commercial communications related to alcoholic beverages:

1) they may not be aimed at minors, and minors shall not participate in them;

2) the consumption of alcoholic beverages shall not be linked to enhanced physical

performance or to driving;

3) they shall not claim that alcohol has therapeutic qualities or that it is a stimulant, a

sedative or a means of resolving personal conflicts;

4) they shall not encourage immoderate consumption of alcohol or present abstinence

or moderation in a negative light;

5) they shall not place emphasis on a high alcoholic content in alcoholic beverages;

6) they shall not create the impression that the consumption of alcoholic beverages

contributes towards social or sexual success.

(3) The restrictions on audio and audiovisual commercial communications referred to in this

Section shall not apply to the transmission of sporting and similar events in which advertising

materials are placed in the background of events (advertising posters in stadiums, names of

merchants and emblems, trademarks and the like) and it is not possible to avoid them.

Section 37. Restrictions on Audio and Audiovisual Commercial Communications in

Respect of Medicinal Products and Medical Treatment

(1) Audio and audiovisual commercial communications for medicinal products not registered

in Latvia or in accordance with the centralised procedures for the registration of medicinal

products of the European Medicines Agency and also prohibited medical treatment shall be

prohibited.

(2) Audio and audiovisual commercial communications for medicinal products and medical

treatment available only on prescription by a physician or the direction of a physician in

Latvia shall be prohibited.

(3) Radio and teleshopping of medicinal products which in accordance with

Directive 2001/83/EC of the European Parliament and of the Council of 6 November 2001 on

the Community code relating to medicinal products for human use require registration of

medicinal products and also radio and teleshopping for medical treatment shall be prohibited.

[18 April 2013]

Section 38. Restrictions on Audio and Audiovisual Commercial Communications in

Respect of Minors

(1) Audio and audiovisual commercial communications may not:

1) cause physical or moral harm to minors;

2) directly encourage them to persuade their parents or others to purchase the goods or

services being advertised;

3) exploit the special trust minors place in parents, teachers or other persons;

4) unreasonably show minors in dangerous situations;

5) directly encourage minors to buy or hire (lease) goods.

(2) The target audience of such audio and audiovisual commercial communications in which

it is offered to buy a good via telephone or Internet may not be minors.

(3) In audio and audiovisual commercial communications the target audience of which is

minors may not, in advertising a good, make reference to an additional product, if it is not

integrated in the composition of the main product.

Section 39. Sponsorship and Prohibition Thereof

(1) The goods or services of the sponsor or another person may not be directly or indirectly

advertised in sponsored programmes or broadcasts by incorporating in them direct or indirect

references in relation to the purchase or hire (lease) of such goods and services. Advertising

by the sponsor or another person may be inserted in a sponsored broadcast in accordance with

the provisions for the insertion of advertising.

(2) If a broadcast is sponsored in whole or in part, this shall clearly be indicated at the

beginning and also in the middle or end of the broadcast, showing the name, emblems and

trademarks, if any, of the sponsor, or by references to the goods or services of the sponsor.

(3) The content and scheduling of a sponsored broadcast may not be influenced by the

sponsor.

(4) Private persons whose basic activities are connected with the manufacture of such goods

or the provision of such services the advertising of which is prohibited may not be sponsors of

broadcasts. During broadcasts sponsored by private persons the work of which is linked with

the manufacture or trade of medicinal products and medical treatment it shall be permitted to

promote the name or image of such private person (sponsor), but not the specific medicinal

product available only on prescription by a physician or medical treatment according to the

direction of a physician.

(5) The sponsorship of news and current affairs broadcasts is prohibited. This prohibition

shall not be applicable to weather forecasts, financial market information, sports reviews and

similar narrowly focused broadcasts which have been clearly separated from news and current

affairs broadcasts.

[18 April 2013]

Section 39.1 [This Section shall come into force on 1 January 2021 and be included in the

wording of the Law as of 1 January 2021. See Paragraph 34 of Transitional Provisions.]

Chapter VII. Audiovisual Commercial Communications and Product Insertion

Section 40. Types of Advertising

The following types of advertising may be inserted in the programmes of audiovisual

electronic mass media:

1) advertising spot;

2) extended advertising spot;

3) split-screen advertising;

4) virtual advertising;

5) interactive advertising.

Section 41. Additional Requirements for the Insertion of Certain Types of Advertising

(1) When inserting an extended advertising spot, the following provisions shall be observed:

1) during the whole period of an extended advertising spot there is an indication that

an extended advertising spot is being transmitted;

2) the extended advertising spot may not be transmitted between the hours of 19.00

and 23.00.

(2) When inserting a split-screen advertising, the following provisions shall be observed:

1) the split-screen advertising may not take up more than one third of a screen;

2) the area of the split-screen advertising is unchangeable, easily identifiable and

clearly separated from the rest of the screen by visual means. If the split-screen advertising is

inserted when a clock is shown between broadcasts, it does not have to be separated by visual

means from the rest of the screen;

3) an electronic mass medium may insert the split-screen advertising in broadcasts

produced by independent producers or other audiovisual electronic mass media only upon the

consent of the holder of rights;

4) the split-screen advertising is counted in the amount of hourly and daily advertising.

(3) When inserting a virtual advertising, the following provisions shall be observed:

1) an electronic mass medium shall indicate the presence of virtual advertising at the

beginning and end of a broadcast;

2) an audiovisual electronic mass medium may not insert virtual advertising without

the prior consent of the organiser of event, producer or author of the broadcast;

3) an organiser of event may not insert virtual advertising in a television signal without

the prior consent of the audiovisual electronic mass medium which has acquired transmission

rights;

4) it is prohibited to place virtual advertising on the images of natural persons;

5) the virtual advertising may be placed only on such surfaces which are usually used

for advertising. In sports competitions the virtual advertising may be placed also on the

playing surface outside the time of competition.

(4) In ensuring access to an interactive advertising environment, prior to access to the detailed

content of the advertising a warning in the language of the broadcast shall be placed on the

screen informing viewers that they are leaving the broadcast and are entering the interactive

advertising environment.

Section 42. The Amount of Advertising and Teleshopping

(1) The time reserved for advertising and teleshopping (except for the teleshopping windows)

in television programmes of the electronic mass media may not exceed 20 per cent of each

natural clock hour. The time reserved for advertising and teleshopping (except for the

teleshopping windows) in television programmes of the public electronic mass media and in

television programmes or broadcasts produced within the framework of the public service

remit may not exceed 10 per cent of each natural clock hour.

(2) For the purposes of this Section, the following shall not be considered advertising:

1) notifications of the audiovisual electronic mass media regarding their own

broadcasts and other products which are directly derived from their broadcasts, notifications

of sponsors and product placement;

2) social communications, public service announcements and invitations to participate

in charity appeals, as well as virtual advertising which are distributed free of charge. The

criteria for the application of this Clause shall be determined in the national strategy for the

development of the electronic mass media sector.

[20 June 2018 / The amendment regarding the deletion of the second sentence of Paragraph

one and Paragraph three shall come into force on 1 January 2021 and be included in the

wording of the Law as of 1 January 2021. See Paragraph 34 of Transitional Provisions.]

Section 43. The Amount of Teleshopping Windows

(1) Distribution of not more than eight teleshopping windows shall be permitted within a

twenty-four hour period. The total volume of their transmission time may not exceed three

hours in a twenty-four hour period, and they shall be clearly identified as teleshopping

windows by visual and acoustic means.

(2) The provisions of Paragraph one of this Section shall not apply to programmes in which

only teleshopping is being demonstrated. Advertising in such programmes shall be inserted in

accordance with the general provisions for the insertion of advertising.

Section 44. Insertion of Advertising and Teleshopping in a Programme

(1) Advertising and teleshopping shall be inserted between broadcasts. If the provisions of

Paragraphs two, three and four of this Section are observed, advertising and teleshopping may

also be inserted during programmes but in such a way that the integrity of the programmes

and the interests of copyright owners are not injured.

(2) In broadcasts consisting of autonomous parts or in the broadcasting of sports programmes

and of similar events and performances, in which there are breaks, advertising and

teleshopping may be inserted only between these parts or in these breaks.

(3) Films, excluding series, serials and documentaries, and news broadcasts may be

interrupted by advertising and teleshopping only once in each 30 minute period.

(6) Insertion of advertising and teleshopping during the transmission time of a national

holiday and religious ceremonies is prohibited.

Section 45. Product Placement

(1) Product placement in programmes is allowed only in the following cases:

1) any cinematographic works and such films and series produced for the needs of

television and also sports and entertainment broadcasts if the target audience thereof is not

children;

2) where there is no payment and certain goods or services such as production props

and prizes are provided free of charge in order to be included in the broadcast.

(2) Broadcasts containing product placement shall meet all of the following requirements:

1) a broadcast’s content and a programme shall in no circumstances be influenced in

such a way as to affect the responsibility and editorial independence of the electronic mass

medium;

2) a broadcast shall not directly encourage the purchase or rental of goods or services,

in particular by making special promotional references to those goods or services;

3) undue prominence to the product in question shall not be given in a broadcast;

4) viewers shall be clearly informed of the existence of product placement. In order to

avoid any confusion on the part of the viewer, broadcasts containing product placement shall

be appropriately identified at the beginning and the end of the broadcast, and when the

broadcast resumes after an advertising break. The provisions of this Clause shall be applicable

to such broadcasts which are produced by the audiovisual electronic mass medium itself or a

company belonging to a group of undertakings or which have been established upon request

of the respective audiovisual electronic mass medium or a company belonging to a group of

undertakings;

(3) It is prohibited to place the following products and services in broadcasts of an

audiovisual electronic media:

1) tobacco products, electronic cigarettes or refill containers, or products of such

companies whose principal activity is the manufacture or trade of tobacco products, electronic

cigarettes or refill containers;

2) medicinal products and medical treatment available only on prescription by a

physician or the direction of a physician in Latvia.

[18 April 2013; 2 June 2016]

Chapter VIII. Audio Commercial Communications

Section 46. Additional Requirements for the Insertion of an Extended Advertising Spot

in Programmes of Audio Electronic Mass Media

The following provisions shall be observed when inserting an extended advertising

spot in the programmes of an audio electronic mass medium:

1) at the beginning and the end of the advertising it shall be indicated that an extended

advertising spot is being transmitted;

2) an extended advertising spot may not resemble an already existing broadcast and it

may not be presented by journalists working for the relevant electronic mass medium.

Section 47. Restrictions on the Amount of Advertising in Programmes of Audio

Electronic Mass Media

(1) The time reserved for advertising in the radio programmes of electronic mass media may

not exceed 20 per cent of each natural clock hour. The time reserved for advertising in radio

programmes of public electronic mass media and radio programmes or broadcasts produced

within the framework of the public service remit may not exceed 10 per cent of each natural

clock hour.

(2) For the purposes of this Section, the following shall not be considered as advertising:

1) notifications of the audio electronic mass media regarding their own broadcasts and

other products which are directly derived from their broadcasts, notifications of sponsors and

product placement;

2) social communications, public service announcements and invitations to participate

in charity appeals, which are distributed free of charge. The criteria for the application of this

Clause shall be determined in the national strategy for the development of the electronic mass

media sector.

[20 June 2018 / The amendment regarding the deletion of the second sentence of Paragraph

one and Paragraph three shall come into force on 1 January 2021 and be included in the

wording of the Law as of 1 January 2021. See Paragraph 34 of Transitional Provisions.]

Section 48. The Amount and Insertion of Radio Shopping and Radio Shopping Window

in a Programme

(1) The time reserved for radio shopping (except for a radio shopping window) in the radio

programmes of electronic mass media may not exceed 20 per cent of each natural clock hour.

The time reserved for radio shopping (except for a radio shopping window) in the radio

programmes of public electronic mass media and the radio programmes or broadcasts

produced within the framework of the public service remit may not exceed 10 per cent of each

natural clock hour.

(2) Distribution of not more than eight radio shopping windows shall be permitted within a

twenty-four hour period. The total volume of their transmission time may not exceed three

hours in a twenty-four hour period, and they shall be clearly identified as radio shopping

windows by acoustic means.

(3) Radio shopping shall be inserted between broadcasts. The radio shopping may also be

inserted during broadcasts, but in such a way that the integrity of the broadcasts and the

interests of copyright owners are not injured.

(4) In broadcasts consisting of autonomous parts or in the broadcasting of sports programmes

and of similar events and performances, in which there are breaks, radio shopping may be

inserted only between these parts or in these breaks.

(6) Insertion of radio shopping during the transmission time of a national holiday and

religious ceremonies is prohibited.

Chapter IX. The Right to Information and Liability

Section 49. The Right of the Electronic Mass Media to Information

For the purpose of producing and distributing short news reports not exceeding

90 seconds in length, all electronic mass media under the jurisdiction of European Union

Member States or European Convention on Transfrontier Television Member States shall be

ensured free access to the broadcaster’s signal at events intended for a wide audience and that

generate general interest, and which are broadcast on an exclusive basis by an audio or

audiovisual media service provider under the jurisdiction of the Republic of Latvia.

Section 50. Protection of Person’s Rights in Case of Distribution of False Information

(1) A person regarding whom false information was given in a broadcast by an electronic

mass medium may demand that the same electronic mass medium distribute a retraction of

such information, as well as a person’s reply. A person is entitled to demand that his or her

reply is distributed regardless of whether such person has requested a retraction of the

relevant information.

(2) A person, who is of the opinion that the false information distributed by an electronic

mass medium injures him or her, has the right to view or listen to the broadcast in question

free of charge at the same electronic mass medium, as well as to receive a copy of the

recording of the broadcast. If the electronic mass medium charges a fee for the issue of a copy

of the recording, it may not exceed the actual cost of making of a copy.

Section 51. The Right to Demand a Retraction of False Information

(1) An application for the distribution of a retraction of false information shall be submitted to

the electronic mass medium in writing within 14 days after the false information has been

distributed, specifying the particular information given in a broadcast.

(2) The electronic mass medium shall examine the application within seven days following

the date of receipt thereof.

(3) If the electronic mass medium lacks sufficient proof that the distributed information is

true, it shall retract such information no later than on the fifth day after examination of an

application in the same broadcast and at the same broadcast time, but, if it is not possible – at

a similar time.

(4) Upon distributing a retraction of false information, the electronic mass medium shall

specify what information is being retracted.

(5) If the electronic mass medium does not agree to distribute the retraction, it shall notify the

applicant within seven days after receipt of the application specifying the reasons for refusal.

If the electronic mass medium does not distribute a retraction of false information in

accordance with the procedures specified in this Section, the applicant has the right to file a

claim in court for the retraction of false information.

Section 52. The Right to Demand Distribution of a Reply

(1) An application to exercise the right to reply shall be submitted to the electronic mass

medium in writing within 14 days after the information has been distributed, specifying the

particular information given in a broadcast, and the text of the reply shall be appended to the

application.

(2) A reply may be a recorded presentation by the injured person or his or her representative

on a programme of an electronic mass medium or the reading of a statement prepared by such

person.

(3) The electronic mass medium shall examine the application within seven days following

the date of receipt thereof.

(4) The electronic mass medium shall ensure the same length of time for the provision of a

reply as was given to the false information, or at least 90 seconds if the false information was

provided for a time less than 90 seconds.

(5) If the electronic mass medium lacks sufficient proof that the distributed information is

true, it shall retract such information not later than on the fifth day after examination of an

application in the same broadcast and at the same broadcast time, but, if it is not possible –

ensure distribution of a reply at an equivalent time. The electronic mass medium may refuse

to distribute a reply if the reply evidently contains a statement which is criminally punishable.

(6) The electronic mass medium shall, within seven days after the day of receipt of an

application, notify the applicant of a refusal in writing specifying the reasons for refusal. If the

electronic mass medium has not ensured distribution of a reply in accordance with the

procedures specified in this Section, the applicant has the right to file a claim in court for the

distribution of a reply.

Chapter X. Provisions for the Use of a Radio Data System

[18 April 2013]

Section 53. Radio Data System

[18 April 2013]

Section 54. Traffic Announcement

[18 April 2013]

Section 55. Distribution of the Programme Name of an Audio Electronic Mass Medium

[18 April 2013]

Chapter XI. National Electronic Mass Media Council

Section 56. Composition of the Members of the National Electronic Mass Media Council

The National Electronic Mass Media Council shall be composed of five members elected by

the Saeima. The procedures for election of the Council shall be determined by the Rules of

Order of the Saeima.

(2) The candidates for members of the National Electronic Mass Media Council who comply

with the criteria specified in Paragraph three of this Section and in respect of whom the

restrictions referred to in Paragraph four of this Section do not exist, upon consultation with

associations and foundations acting in the field of mass media, education, culture, science and

human rights, shall be nominated by the Commission of Human Rights and Public Affairs of

the Saeima.

(3) A citizen of Latvia who has a declared place of residence in Latvia, a higher education,

professional or academic experience of at least five years in the field of mass media,

education, culture, science or human rights, good reputation and who in accordance with the

requirements of this Law is entitled to receive a special permit for access to official secrets

may be nominated as a candidate for a member of the National Electronic Mass Media

Council.

(4) A member of the National Electronic Mass Media Council may not be:

1) an official of a political party or association of political parties;

2) an owner of capital shares (shares) of the electronic mass medium;

3) punished for an intentional crime if he or she has not been exonerated or the

criminal record has not been extinguished or expunged.

(5) Work in the National Electronic Media Council shall be the primary employment of a

member of the Council. Restrictions and prohibitions provided for public officials in the law

On Prevention of Conflict of Interests in Activities of Public Officials shall apply to the

members of the Council.

[18 April 2013; 1 December 2016]

Section 57. Status of the National Electronic Mass Media Council

(1) The National Electronic Mass Media Council is an independent, autonomous institution

enjoying full rights, which in accordance with the competence thereof shall represent the

interests of the public in the field of electronic mass media and supervise the latter so that in

their operations the Constitution of the Republic of Latvia, this Law and other laws and

regulations be observed. The Council is a derived public person.

(2) The National Electronic Mass Media Council shall act in accordance with the

requirements of the Constitution of the Republic of Latvia, this Law and other laws and

regulations.

(3) The financing necessary for fulfilling the functions of the National Electronic Mass Media

Council, including provision of the public service remit, shall be granted from the State

budget.

[16 June 2011]

Section 58. Provision of Activities of the National Electronic Mass Media Council

(1) The work of the National Electronic Mass Media Council shall be organised by the Chair

of the Council who shall also be responsible for the fulfilment of the tasks thereof. In order to

ensure the fulfilment of activities and tasks of the Council, its Chair shall:

1) represent the Council without a special authorisation at the institutions of public

persons, as well as in relations with private persons;

2) participate at the Cabinet meetings in an advisory capacity;

3) handle the financial resources of the Council;

4) hire and dismiss employees of the secretariat of the Council;

5) enter into agreements necessary for the provision of the work of the Council.

(2) In the absence of the Chair of the National Electronic Mass Media the duties of the Chair

shall be performed by the Vice-Chair.

(3) The duties and rights of the members of the National Electronic Mass Media Council shall

be regulated by the regulations on the internal procedures of the activity approved by the

Council.

(4) A secretariat shall be established to facilitate the work of the National Electronic Mass

Media Council.

(5) Remuneration (monthly salary, premiums, social guarantees, etc.) for the members of the

National Electronic Mass Media Council and employees of the secretariat shall be determined

in accordance with the requirements of the Law on Remuneration of Officials and Employees

of State and Local Government Authorities.

(6) The employees of the secretariat of the National Electronic Mass Media Council may not

receive remuneration from the electronic mass media either directly or through intermediaries.

Section 59. Mandate of the Members of the National Electronic Mass Media Council and

Termination Thereof

(1) Members of the National Electronic Mass Media shall be elected for a term of five years.

Members of the Council may be elected repeatedly, but not more than two times in

succession.

(2) The mandate of a member of the National Electronic Mass Media Council shall terminate:

1) due to the dismissal of the member of the Council from the office;

2) due to the expiry of the term of office of the member of the Council;

3) if the member of the Council has been convicted of committing an intentional

criminal offence and the judgement has come into legal effect;

4) due to the death of the member of the Council.

(3) The Saeima shall dismiss a member of the National Electronic Mass Media Council from

office if:

1) the member of the Council resigns of his or her own free will. The member of the

Council shall notify the Council of his or her resignation in writing and the Council shall

inform the Saeima within 14 days following the receipt of the member’s notification;

2) the member of Council has not participated in the work of the Council, including

has not attended more than half of the Council meetings without justification, or cannot fulfil

his or her office duties due to illness or other reasons for more than six months in succession;

3) such condition specified in this Law which prevents the respective person to be a

member of the Council (including non-compliance with the requirements referred to in

Section 56, Paragraph three of this Law) has been established.

[1 December 2016]

Section 60. Competence of the National Electronic Mass Media Council in the Field of

Electronic Mass Media

(1) The National Electronic Mass Media Council shall:

1) maintain a register of the issued broadcasting permits and retransmission permits;

2) collect, compile and analyse information regarding operation and development of

the electronic mass media;

3) co-operate with institutions of other states which are concerned with matters

regarding the operation and development of the electronic mass media, and with the European

Commission;

4) commission such sociological and other studies of problems concerning the

operation and development of the sector as are necessary to facilitate the functions of the

field;

5) listen to, analyse and compile suggestions, complaints and other information

submitted by viewers and listeners regarding the operation of the electronic mass media;

6) make recordings of electronic mass media programmes or requests them from

electronic mass media;

7) request the documents from the electronic mass media which attest that they

observe the provisions of Sections 46, 47 and 48 of this Law;

8) perform the monitoring of the electronic mass media and compile results thereof;

81) according to the competence fulfil the functions of a supervisory body within the

meaning of the Law on Information Society Services;

9) ensure the efficient and useful use of the State budget resources that have been

allocated in the interests of the public;

10) promote the competitiveness of the electronic mass media under the jurisdiction of

Latvia in the Latvian, European and world market;

11) create equal operational conditions for all the electronic mass media under the

jurisdiction of Latvia;

12) promote media literacy;

13) promote the policy of the electronic mass media appropriate to the national

interests of Latvia;

14) ensure the participation of the public, representatives of the vocational and

educational institutions of the mass media in the preparation of the public service remit and

supervision of the fulfilment thereof, as well as in the drafting of the national strategy for the

development of the electronic mass media sector;

141) approve the list of television programmes to be distributed to end-users for free in

digital terrestrial broadcasting. The criteria for the inclusion of electronic mass media

programmes in the list of television programmes to be distributed to end-users for free in

digital terrestrial broadcasting shall be determined in the national strategy for the development

of the electronic mass media sector;

15) perform other activities prescribed by laws and regulations.

(2) The National Electronic Mass Media Council shall control observance of this Law:

1) by listening to and examining complaints;

2) by controlling the registration of the programmes of the electronic mass media;

3) by performing random inspections of the content and quality of the distributed

programmes.

(3) The National Electronic Mass Media Council shall develop and approve by normative

regulations the national strategy for the development of the electronic mass media sector. The

national strategy for the development of the electronic mass media sector shall be an external

normative act.

(4) In approving the national strategy for the development of the electronic mass media sector

and in performing other functions specified in this Law, the National Electronic Mass Media

Council shall promote competition within the market of the electronic mass media.

[14 February 2013; 21 November 2013; 24 April 2014; 23 November 2016]

Section 61. Rights of the National Electronic Mass Media Council

The National Electronic Mass Media Council has the right to:

1) examine the register and records of the programmes distributed by the electronic

mass medium;

2) request from the electronic mass media their financial operations report, if these

mass media have requested for or acquire financing from the State or local government

budget or payment reductions;

3) arrive (also without prior warning) at any electronic mass medium to carry out an

inspection in order to ensure the fulfilment of the tasks of State administration of the Council

determined in this Law;

4) on the basis of the decision of a judge referred to in Section 61.1 of this Law, enter,

in the presence of an electronic mass medium and police (also without prior warning), the

objects in the ownership, possession or use of the respective electronic mass medium, to carry

out a forcible search of these objects and to examine the property and documents therein

[including the inspection of information (data) in the electronic information system –

computers, floppy disks and other information media] and record information in order to

ensure the fulfilment of the tasks of Sate administration of the Council determined in this

Law.

[23 October 2014]

Section 61.1 Decision of a Judge

(1) A judge of a district (city) court on the basis of the legal address of the National Electronic

Mass Media Council shall take a decision on permission to perform the activities referred to

in Section 61, Clause 4 of this Law. The judge shall, within 72 hours, examine the application

by the Council and other documents which justify the necessity to perform such activities,

hear the information provided by the representatives of the Council and take a decision on

permission of activities or a decision on refusal to permit them. A true copy of a decision of a

judge shall be sent to the Council within 24 hours from the moment of taking of the decision.

(2) In respect of the decision of a judge, a complaint may be submitted to the Chief Judge

within 10 days from the date of receipt of the decision. A complaint shall be examined by the

Chief Judge within 10 days. A complaint of the Council regarding a decision of a judge shall

be examined with the participation of a representative of the Council. A complaint of a person

regarding a decision of a judge shall be examined with the participation of a representative of

the Council and a representative of the interested party. A decision taken by the Chief Judge

shall be final and not subject to appeal.

(3) A complaint may be satisfied or rejected by the Chief Judge. When satisfying a complaint,

the appealed decision may be revoked or amended either in full or in part.

(4) Evidence obtained on the basis of the appealed decision that has been revoked or amended

in full or in part shall not be used in the case to the extent to which the decision has been

found unlawful.

[23 October 2014]

Section 62. Competence of the National Electronic Mass Media Council in the Field of

the Public Electronic Mass Media

(1) The National Electronic Mass Media Council shall, upon consultation with the public

electronic mass media, develop and approve annual plans for the programmes of the public

electronic mass media.

(2) The National Electronic Mass Media Council shall, in consultation with the public

electronic mass media, prepare proposals for the draft Annual State Budget Law regarding the

financial resources necessary for the implementation of the annual plans for the programmes

of the public electronic mass media, as well as after the approval of the Annual State Budget

Law and amendments thereof decide on the allocation of the granted resources in accordance

with the approved annual plans for the programmes of the public electronic mass media.

(3) The National Electronic Mass Media Council shall, on the basis of the annual plans for the

programmes of the public electronic mass media, determine the justified and fair allocation of

the State budget subsidy among the public electronic mass media.

(4) The National Electronic Mass Media Council shall develop and approve the statutes of the

public electronic mass media.

(5) The National Electronic Mass Media Council shall appoint and dismiss the Boards of the

public electronic mass media. Their members shall be selected in accordance with the

procedures of an open competition. The by-laws of the competition shall be approved by the

National Electronic Mass Media Council.

(6) The National Electronic Mass Media Council shall supervise the operation of the public

electronic mass media, by controlling whether it complies with the basic conditions for the

operation of the public electronic mass media regulated in this Law, with the tasks of the

public service remit of the programme of these mass media, and whether the financial

resources are used in accordance with the approved budgets.

(7) The National Electronic Mass Media Council shall take a decision regarding the

termination or continuing of the activities of the public electronic mass media, reorganisation

thereof, increase and decrease of equity capital.

(8) The National Electronic Mass Media Council shall publish an annual report on the

implementation of the public service remit of the public mass media and their financial

activities on the Internet website and submit it to the Commission of Human Rights and

Public Affairs of the Saeima.

Section 63. Public Advisory Council

(1) The Public Advisory Council shall be an advisory institution established by the National

Electronic Mass Media Council with the task of ensuring the participation of the public in the

drafting of the public service remit and the national strategy for the development of the

electronic mass media sector. Decisions of the Public Advisory Council shall be of a

recommendatory nature.

(2) Representatives of associations, foundations, professional institutions and other

organisations acting in the field of the mass media, education, culture, science and human

rights, shall be included in the composition of the Public Advisory Council.

(3) The by-law of the Public Advisory Council shall be approved by the National Electronic

Mass Media Council.

Chapter XII. Public Electronic Mass Media

Section 64. Basic Conditions for Operation of the Public Electronic Mass Media

(1) The public electronic mass media shall be editorially and financially independent and

operate in the interests of the public.

(2) The public electronic mass media shall not be subject to privatisation neither in their

entirety, nor in parts, and the property thereof shall not be pledged, except for the case

referred to in Paragraph three of this Section.

(3) The public electronic mass media have the right to participate in the establishment of

commercial companies, purchase capital shares, stocks and securities of other commercial

companies, as well as to pledge capital shares, stocks and securities of commercial companies

owned by them by a permission of the National Electronic Mass Media Council, if it directly

or indirectly does not worsen or endanger the quality of the programmes of the public

electronic mass media.

(4) The public electronic mass media in accordance with the procedures specified in laws and

regulations have the right to purchase immovable property necessary for the operation thereof.

The purchase of immovable property using State budget resources or its alienation requires

the consent of the National Electronic Mass Media Council.

(5) The public electronic mass media shall be successors to the rights and obligations of

Latvijas Radiofons, the former Latvian SSR State Television and Radio Broadcast

Committee, the State Television and Radio Broadcast Committee of the Republic of Latvia,

the State companies Latvian Radio and Latvian Television, as well as the State non-profit

limited liability company Latvian Radio and the State non-profit limited liability company

Latvian Television.

Section 65. Administration of the Public Electronic Mass Media

(1) A public electronic mass medium shall be administered by the Board.

(2) A person of good reputation, with higher education and at least five years professional

experience in the field of the mass media or undertaking management may be approved as a

member of the Board of a public electronic mass medium.

(3) A member of the Board of public electronic mass medium may not:

1) be active in a political party or association of political parties, but in case, if he or

she is active in a political party or association of political parties, such activity shall be

terminated;

2) be an owner of capital shares (shares) of any electronic mass medium;

3) have been punished for an intentional crime, if he or she has not been exonerated or

the criminal record has not been extinguished or expunged.

(4) Restrictions and prohibitions provided for public officials in the law On Prevention of

Conflict of Interests in Activities of Public Officials shall apply to the members of the Boards

of public electronic mass media.

Section 66. Programmes of the Public Electronic Mass Media

(1) Public electronic mass media shall ensure the provision of information necessary for every

member of society to be able to form a substantiated and free opinion.

(2) Programmes of the public electronic mass media shall be produced in compliance with

high requirements of ethics and quality and reflect the diversity of public opinion. The

programmes of the public electronic mass media may not reflect solely the interests of a

certain political, ideological, economical, religious or other group.

(3) In the creation of their programmes, the public electronic mass media shall take into

account the diversity of society in Latvia in social, economic, regional, educational, cultural

and religious terms while respecting human rights and fundamental freedoms, the equality of

all before the law, the freedom of opinion and expression, the right to receive and distribute

information freely, the presumption of innocence, inviolability of personal life, honour and

dignity

(4) Latvian Radio and Latvian Television shall produce programmes as national programmes

in the official language. If Latvian Radio and Latvian Television produces several

programmes, a part of the transmission time of one programme may be reserved for

broadcasts in other languages, including in this transmission time also cinematographic films

and theatre performances subtitled in the official language.

(5) Not less than 30 per cent of transmission time in the programmes of Latvian Television

shall be intended for the European audiovisual works produced by independent producers.

(6) Public electronic mass media within the scope of a public service remit are entitled to

provide new additional services regardless of the type of supply or financing thereof,

including in Internet environment. If the public electronic mass medium wishes to provide an

adequate substantially new service, prior to commencing the provision of this service it

requires a permit from the National Electronic Mass Media Council for the provision of such

service. The National Electronic Mass Media Council shall take a decision on issue of such

permit that is based upon an open public discussion during which it is assessed whether the

new service satisfies the democratic, social and cultural needs of the society and whether due

consideration is paid to the potential impact thereof on the market of mass information means.

(7) [The Paragraph shall come into force on 1 January 2021 and be included in the wording

of the Law as of 1 January 2021. See Paragraph 34 of Transitional Provisions.]

[24 April 2014; 20 June 2018]

Section 67. Distribution of the Programmes of the Public Electronic Mass Media

(1) The availability of the programmes of the public electronic mass media shall be ensured

throughout the entire territory of Latvia.

(2) The public electronic mass media have the right to transmit programmes by any technical

means.

(3) In the public electronic communications networks programmes of the public electronic

mass media shall be ensured in unchanged form for the end-users of services.

(4) The public electronic mass media are entitled to provide additional programme services by

a permission of the National Electronic Mass Media Council regardless of the type of delivery

and financing thereof.

Section 68. Archives of the Public Electronic Mass Media (Video and Audio Library)

(1) The audio and audiovisual works and phonograms of cultural and historical value

produced by the public electronic mass media or for the programmes thereof shall be regarded

as part of the national cultural heritage and a constituent part of the Latvian National Archive

Fund, which is supervised, preserved and utilised in accordance with that which is specified in

the relevant laws and regulations.

(2) If within the framework of the State archives it is intended to copy materials held in the

archives of the public electronic mass media with a view to their storage under heightened

security, the Archives shall cover the technical costs of copying. At least two copies shall be

made for programmes of special cultural and historical significance, they shall be intended

only for storage and use or publishing of these copies in any form is not permitted.

(3) The public electronic mass media are entitled to utilise materials of their archives in any

possible form for transmission purposes, as well as in any other form in accordance with the

for producing their programmes within the framework of the public service remit covering

only the necessary technical copying costs. Access may be denied only to conditional access

information in accordance with the Freedom of Information Law.

Section 69. Duties of Latvian Television in Providing Support to the Latvian Film Sector

(1) Latvian Television shall ensure the availability of the Latvian national audiovisual

heritage to the public by purchasing national films, demonstrating them in their programmes

and performing other support measures for the Latvian film sector in accordance with the

laws and regulations governing this sector.

(2) Latvian Television shall co-operate with the State direct administration institution the

National Film Centre in matters of the national film heritage.

(3) The State direct administration institution the National Film Centre and the Latvian

Television shall enter into an agreement setting out the procedures by which Latvian

Television has the duty to be involved in the co-production and purchasing of the national

films within the framework of the budget granted to it. The time period of such agreement

shall be three years and it shall be renewed on every occasion not later than four months

before the start date of the next time period.

Section 70. Financial Provision of the Public Electronic Mass Media

(1) The sources of financial provision of the public electronic mass media shall be:

1) a State budget subsidy for the implementation of the public service remit, moreover,

it may not be less than that for the previous year;

2) income from economic activity;

3) gifts and donations in the form of money and property, including gifts and

donations of foreign natural and legal persons;

4) other sources of financing provided for in laws and regulations.

(2) If coverage of an event important for a significant part of the public has not been included

in the public service remit, the public electronic mass media have the right to request

reimbursement of costs of coverage from the organiser of the relevant event if the event is

covered upon the initiative of the organiser of the event.

(3) An annual implementation of the public service remit shall be ensured from the State

budget:

1) performance of tasks specified in this Law;

2) distribution of programmes throughout the entire territory of the State, as well as for

the target audience outside the State borders;

3) remuneration of employees and insurance of employees subject to special risk.

(4) The following shall be ensured from the State budget and other financing sources

specified in Paragraph one of this Section:

1) maintenance of the infrastructure:

a) purchase and maintenance of buildings, land, premises and technical

equipment possessed,

b) leasing costs, public utilities and tax payments for the buildings, land,

premises and technical equipment presently in use,

c) other maintenance related expenses;

2) development of the public electronic mass media in accordance with the national

strategy for the development of the electronic mass media sector approved by the National

Electronic Mass Media Council.

(5) If coverage of an event important for a significant part of the public is not included in the

annual plans of the programmes of the public electronic mass media, the public electronic

mass media have the right to request reimbursement of their expenses from the organiser of

the relevant event if the event is covered upon the initiative of the organiser of the event.

(6) The public electronic mass media shall open accounts in the Treasury for the receipt of

financing from the State budget and and for the payment of necessary expenses.

Chapter XIII. The Public Service Remit

Section 71. The Public Service Remit

(1) The public service remit is the totality of measures the task of which is:

1) to promote a patriotic attitude towards the statehood of Latvia, and democratic state

system thereof;

2) to promote the implementation of human rights and fundamental rights;

3) to promote strengthening of the principles of democracy and ethics, reflecting the

diversity of opinions of the public;

4) to ensure the production of objective, independent and thematically balanced news,

analysis and comments on events in Latvia, European Union and the world;

5) to educate the inhabitants and promote their civil understanding of political,

economic, cultural, legal, environmental, security and social issues by ensuring the systematic

coverage of these issues;

6) to promote integration and social cohesion on the basis of the Latvian language;

7) to ensure the preservation, development and use of the Latvian language, its

functioning to the full extent as the official language, especially promoting the use of Latvian

as the language of common communication of all the inhabitants of Latvia;

71) to ensure the preservation, protection, development and use of the Latgalian

written language as a historical type of the Latvian language and Livonian as the language of

indigenous people;

8) to ensure the development of Latvian culture, especially by promoting the

production of original broadcasts in Latvian;

9) to promote respect for the Latvian language, popularise the history and cultural

values of Latvia;

10) to promote awareness of national identity in the Latvian, European and global

space, as well as the expressions and development of regional and local identity in Latvia;

11) to ensure the permanent possibility for political parties and their associations to

express their opinions, as well as the possibility to engage in campaigning and provide

information before elections and referendums, in accordance with laws and regulations;

12) to evaluate, preserve and distribute national and European cultural heritage;

13) to facilitate by documentary and artistic means the understanding of the history of

Latvia and contemporary processes and to form a notion of the possibilities for future

development;

14) to ensure information, education, culture and recreation resources appropriate for a

children and youth audience;

15) to create an environment for free and pluralistic discussions on issues important

for society;

16) to develop contemporary and diverse genres and formats;

17) to facilitate participation of representatives of different groups of society in the

production of programmes and broadcasts;

18) to envisage broadcasts for minority groups and individuals with special needs;

19) to envisage access to certain broadcasts for people with impaired vision and

hearing;

20) to ensure live coverage of events (political, social, cultural, sports etc.) significant

for a wide audience;

21) to include in the content of programmes and broadcasts the information prepared

by the regional electronic mass media which complies with the purposes and tasks of the

relevant public electronic mass media;

22) to ensure responsible and sustainable journalism that guarantees research of

information, quality of analysis and promotes the development of professional human

resources;

23) to make recordings in order to ensure the preservation of cultural and historical

heritage;

24) to envisage coverage of ecumenical religious services.

(2) The public service remit shall be fulfilled by the public electronic mass media. The

National Electronic Mass Media Council may assign the production of certain broadcasts or

programmes in accordance with the national strategy for the development of the electronic

mass media sector to other electronic mass media in accordance with the tender procedures, if

the total amount of expenses for these electronic mass media for fulfilment of the public

service remit for the relevant calendar year does not exceed 15 per cent of the funding granted

for the implementation of the public service remit. The electronic mass medium shall

constantly ensure separate accounting of the transmission time and finances for the part of the

programme that is being produced as part of a public service remit and for the part of the

programme that is not being produced as part of a public service remit.

(3) The principles and structure for the use of funding intended for production of the content

of broadcasts, except for the content of news broadcasts, shall be determined in the by-law

developed by the National Electronic Mass Media Council.

(4) The amount of the public service remit for the electronic mass media which are not the

public electronic mass media shall comply with the funding granted in the sub-programme of

the annual State budget. A contract shall be concluded on the fulfilment of the public service

remit for a time period which does not exceed one financial year, except for the case referred

to in Paragraph five of this Section.

(5) If there are any free spots for television programmes within the network where the

distribution of free television with terrestrial transmitters is ensured, the National Electronic

Mass Media Council as part of the public service remit shall organise a tender for the free

spots of television programmes. Upon organising the tender, preference shall be given to

those applicants which plan to ensure that at least 20 per cent of the weekly transmission time

will be reserved to the European audiovisual works that initially are produced in Latvian. A

contract is concluded regarding fulfilment of the public service remit for a time period not

exceeding three financial years. The National Electronic Mass Media Council may prescribe

in the tender by-law a provision that every year by consulting with the electronic mass

medium and complying with the relevant conditions and nature of the remit, which is

specified in the tender by-law of the public service remit, it shall review the public service

remit, develop and approve the annual plan for broadcasts or programmes of the electronic

mass medium for the part of a programme or programme that is being produced as part of the

public service remit. The appeal of a decision by the National Electronic Mass Media Council

on approval of tender results shall not suspend the application thereof.

[18 April 2013; 21 November 2013; 24 April 2014]

Chapter XIV. Provision of a Pay Television Service in Terrestrial Broadcasting

[14 February 2013]

Section 72. Provision of a Pay Television Service

(1) A pay television service shall be provided by one electronic mass medium selected in

accordance with tender procedures and the distribution of programmes offered by it in digital

terrestrial broadcasting is ensured by using the services provided by the State stock company

Latvian Radio and Television Centre. The provisions of this Chapter shall not be applicable to

the local electronic mass media to which a broadcasting permit has been issued for the

distribution of a television programme in digital terrestrial broadcasting.

(2) The tender by-law shall be approved by the Cabinet. Requirements to be set forth to pay

television service providers, assessment criteria, procedures for the organisation of the tender,

time period for which the rights to ensure a pay television service are granted, fee for the use

of broadcasting networks to distribute pay television programmes in digital format and other

matters related to the organisation of the tender shall be determined in the tender by-law.

(3) The provider of a pay television service shall be determined by an interinstitutional

commission set up by the Cabinet that is composed of the representatives of the National

Electronic Mass Media Council, the Ministry of Transport, the Ministry of Culture, and the

Competition Council. The commission by-law shall be approved by the Cabinet.

(4) Experience in ensuring television programmes to end-users, availability of customer

service in the territory of the State, finances and stability, strategy for ensuring the service and

also other criteria determined in the tender by-law shall be taken into account upon assessing

applicants for the provision of a pay television service.

(5) The tender result shall be approved by an order of the Cabinet. The order of the Cabinet

may be appealed in the Administrative District Court in accordance with the procedures

prescribed by the Administrative Procedure Law. The appeal of the order shall not suspend

the application thereof.

[14 February 2013 / See Paragraph 23 of Transitional Provisions]

Section 73. Duties of and Restrictions on a Pay Television Service Provider

(1) A pay television service shall be provided in accordance with this Law, tender by-law and

the requirements set out in the national strategy for the development of the electronic mass

media sector.

(2) The rights to ensure the provision of a pay television service must not be transferred to

third persons.

(3) Upon providing a pay television service, the provider of a pay television service shall

ensure the following:

1) operation of a customer day-and-night service call centre;

2) accounting of pay programme customers, servicing thereof and provision of the

requested service in accordance with the liabilities towards a user and in accordance with the

issued retransmission permits;

3) supply of a television programme signal to the State stock company Latvian Radio

and Television Centre for further distribution by terrestrial transmitters in digital format in

accordance with a mutually signed contract.

(4) A pay television service shall be technologically ensured in a way that customers would be

able to continue using current reception equipment. The use of other receiving equipment

shall be permitted upon introducing new television technologies.

(5) Every year by 30 June, the provider of a pay television service shall provide to the

National Electronic Mass Media Council information on the compliance of the provision of a

pay television service with the strategy for ensuring the service specified in the tender

proposal.

(6) If a pay television service provider plans to expand the geographical coverage, it shall, by

31 March of the calendar year, submit to the State stock company Latvian Radio and

Television Centre a request for expanding the geographical coverage. The increase in the fee

related to ensuring the referred to request and which is determined in accordance with the

tariff calculation methodology approved by the Cabinet shall be covered by a pay television

service provider.

(7) The National Electronic Mass Media Council shall monitor the compliance of the

provision of a pay television service with the requirements of this Law and tender by-law.

[14 February 2013 / See Paragraph 23 of Transitional Provisions]

Section 74. Annulment of the Rights Granted to a Pay Television Service Provider

The Cabinet has the right to annul the rights to provide a pay television service if:

1) a pay television service provider has terminated its operations;

2) a pay television service provider fails to comply with the provisions of Section 73

of this law or the duties contained in the tender by-law;

3) a pay television service provider fails to fulfil the objectives set forth in the strategy

for the provision of the service contained in the tender proposal.

[14 February 2013 / See Paragraph 23 of Transitional Provisions]

Section 75. Approval of a New Pay Television Service Provider

(1) If the Cabinet has annulled the rights granted to a pay television service provider, it shall

approve another pay television service provider selected as the result of a tender within a

period of six months.

(2) Until the time when the Cabinet order on the approval of a new pay television service

provider comes into force, the previous approved pay television service provider shall

continue the work.

[14 February 2013 / See Paragraph 23 of Transitional Provisions]

Transitional Provisions

1. With the coming into force of this Law, the Radio and Television Law (Latvijas Republikas

Saeimas un Ministru Kabineta Ziņotājs, 1995, No. 20; 1996, No. 22; 1997, No. 11, 23; 1998,

No. 24; 1999, No. 5, 22, 24; 2001, No. 6; 2002, No. 22; 2003, No. 12; 2005, No. 2; 2009,

No. 2, 3, 21; Latvijas Vēstnesis, 2009, No. 193) is repealed.

2. The National Electronic Mass Media Council shall be the successor to the rights and

obligations of the National Radio and Television Council.

3. Those members of the National Radio and Television Council who in accordance with the

Radio and Television Law have been elected prior to the coming into force of this Law shall

continue to fulfil their duties as the members of the National Electronic Mass Media Council

until the end of the term for which they have been elected in accordance with the Radio and

Television Law, and also after the end of the referred to term – until the formation of the full

composition of the new National Electronic Mass Media Council, but not longer than by

1 February 2012. These conditions regarding the extension of the term of office of a member

of the National Electronic Mass Media Council shall not be applicable in the cases when the

mandate of a member of the National Electronic Mass Media Council has expired in

accordance with the conditions of Section 59, Paragraph two, Clauses 1, 3 or 4 of this Law.

[8 September 2011]

4. Until 1 September 2010, the National Electronic Mass Media Council shall take the

decision to reorganise the non-profit organisation limited liability company Latvian Radio and

non-profit organisation limited liability company Latvian Television into the State limited

liability company Latvian Radio and the State limited liability company Latvian Television,

as well as approve the statutes of these companies which comply with the requirements of the

laws and regulations regarding application of companies for entering in the Commercial

this Paragraph the non-profit organisation limited liability company Latvian Radio and non-

profit organisation limited liability company Latvian Television shall submit an application to

the Register of Enterprises of the Republic of Latvia regarding entering thereof in the

Commercial Register as the State limited liability company Latvian Radio and the State

limited liability company Latvian Television. Until entering of the relevant companies in the

Commercial Register their entrepreneurial activity shall be performed in accordance with

those laws in accordance with which these companies were operating by 31 December 2004.

5. Until 1 January 2011, the Latvian Radio and Latvian Television shall develop the by-law

regarding the use of funding intended for the production of the public service remit.

6. Insofar as it is not in contradiction with this Law, the Cabinet Regulation No. 714 of

2 September 2008, Procedures for the Implementation of the Broadcasting of Programmes

Produced by Public Electronic Mass Media in Digital Format, shall be applicable until

31 December 2013.

7. Until 1 December 2011, the regional and local electronic mass media may continue

terrestrial broadcasting of their television programmes in analogue format with their own

technical means.

8. After 1 December 2011, but not longer than until 31 December 2013, the regional and local

electronic mass media may continue terrestrial broadcasting of their television programmes in

analogue format with their technical means, if it is technically possible in the relevant

frequency and it does not interfere with the broadcasting of television programmes in digital

format, upon prior co-ordination of it with the State stock company Electronic

Communications.

[14 February 2013]

9. The electronic mass media referred to in Paragraphs 7 and 8 of these Transitional

Provisions shall be classified in accordance with the requirements of Section 10, Paragraph

one and Section 11 of this Law.

10. Paragraphs 7 and 8 of these Transitional Provisions shall not be applicable to those

electronic mass media which have been established after the day of coming into force of this

Law. Terrestrial broadcasting of the programmes of such electronic mass media shall be

ensured in digital format.

11. In order to commence terrestrial broadcasting in digital format, an electronic mass media

shall re-register previously received broadcasting permits and retransmission permits for

terrestrial broadcasting. If necessary, the National Electronic Mass Media Council shall make

amendments in the abovementioned permits. Upon the re-registration of the previously

received broadcasting permits, a condition regarding the use of a joint transmitter shall be

included in the broadcasting permit of a local electronic mass medium, if the available

frequency spectrum resource for transmitting several local electronic mass media television

programmes in digital format in the same geographical territory does not allow to determine

separate frequency allotments.

[14 February 2013]

12. Until 31 December 2013 the part of terrestrial broadcasting of television programmes of

electronic mass media in digital format shall be ensured by the merchant specified in

Section 72 of this Law. Until 31 December 2012 the Cabinet shall develop and submit to the

Saeima the draft law which provides conditions by which the electronic mass media shall

either choose a merchant which will ensure distribution of their programmes, or will provide

terrestrial broadcasting of their programmes in digital format by themselves starting form

1 January 2014.

13. Until 1 January 2011, the Cabinet shall develop and submit to the Saeima the draft laws

regarding the necessary amendments to other laws.

14. Until the day of coming into force of the Cabinet Regulation referred to in Section 18,

Paragraph three and Section 19, Paragraph two of this Law, but not longer than by

1 January 2011, the Cabinet Regulation No. 1617 of 22 December 2009, Regulation

Regarding the State Fee for the Issue of Broadcasting Permit, Retransmission Permit, Special

Permit (Licence) for the Operation of Cable Television and Cable Radio (Radio

Transmission) and Re-registration Thereof, shall apply in so far as it is not in contradiction

with this Law.

15. The term “electronic mass medium” used in this Law shall comply with the terms “radio”,

“television” and “broadcasting organisation” used in other laws and regulations.

16. Section 28, Paragraph five and Section 32, Paragraphs two and three of this Law shall be

applicable from 1 January 2011.

17. Section 71, Paragraph two of this Law shall be applicable from 1 January 2012. Until

31 December 2011, the legal regulation, which in respect of performers of the national remit

has been determined in Section 56 of the Radio and Television Law referred to in Paragraph 1

of these Transitional Provisions, shall be applied in respect of performers of the public service

remit.

18. [18 April 2013]

19. From 31 March 2013 to 31 December 2013, the conditions referred to in Section 19,

Paragraph six of this Law shall not be applied in respect of the supply of commercial national

electronic mass media television programmes to the subscribers of the respective cable

television.

[4 October 2012]

20. [21 November 2013]

21. Amendments to this Law with regard to the new wording of Section 13, the

supplementation of Section 19 with Paragraph 1.1 and also the new wording of Section 18,

Paragraph seven and Section 19, Paragraph three shall come into force on 1 January 2014.

[14 February 2013]

22. Until 31 March 2013, the Cabinet shall adopt the by-law of the tender on the provision of

pay television services referred to in Section 72, Paragraph two of this Law and the by-law of

an interinstitutional commission referred to in Paragraph three.

[14 February 2013]

23. Sections 72, 73, 74, and 75 of this Law (in the wording which comes into force on

15 March 2013) shall not be applied to digital terrestrial broadcasting and to a merchant

which ensures the latter approved by the Cabinet by 31 December 2013. With regard to digital

terrestrial broadcasting, the provisions of Sections 72, 73, 74, and 75 of this Law, except for

Section 72, Paragraph five, shall be applied by 31 December 2013 in the wording thereof as in

force on 14 March 2013.

[14 February 2013; 18 April 2013]

24. If the allotment determined in the broadcasting permit issued to electronic mass media

does not comply with the norms of this Law according to the coverage area, the broadcasting

permit shall be re-registered by 31 December 2014.

[18 April 2013; 21 November 2013]

25. Amendments to this Law with regard to the new wording of Section 19, Paragraph six, the

supplementation of Section 19 with Paragraphs 6.1 and 6.2 and also the amendment on the

deletion of Section 19, Paragraph seven shall come into force on 1 January 2014.

[21 November 2013]

26. Until 31 December 2013, the National Electronic Mass Media Council shall take the

decision referred to in Section 60, Paragraph one, Clause 14.1 of this Law whereby the list of

programmes to be distributed to end-users for free is approved. By the day of the coming into

force of the respective decision, the list of programmes to be distributed to end-users for free

shall be determined in accordance with Cabinet regulations referred to in Paragraph 6 of these

Transitional Provisions.

[21 November 2013]

27. Such electronic mass medium radio programme in whose broadcasting permit of the radio

programme it is determined or it is derived from it that the share of a radio programme in the

official language must not be less than 51 per cent shall be in the official language from

1 January 2017. The electronic mass medium whose radio programme from 1 January 2017 is

in the official language shall re-register its broadcasting permit by 31 December 2016. The re-

registered broadcasting permit shall come into force on 1 January 2017.

[23 October 2014; 17 December 2015]

28. The electronic mass medium in whose broadcasting permit of the radio programme it is

determined or it is derived from it that the share of a radio programme in the official language

is 50 per cent or may be less than 50 per cent shall choose whether from 1 January 2017 the

language of the distributed radio programme is the official language or foreign language and

shall re-register its broadcasting permit by 31 December 2016. The re-registered broadcasting

permit shall come into force on 1 January 2017.

[23 October 2014; 17 December 2015]

28.1 The broadcasting permit of an electronic mass media radio programme which has been

re-registered in accordance with Paragraph 27 or Paragraph 28 of the Transitional Provisions

of this Law (in the wording which comes into force on 26 November 2014) shall come into

force on 1 January 2016. Until 31 December 2016, the electronic mass medium may retain the

use of the language determined in the broadcasting permit of the radio programme issued

previously, if it has notified the National Electronic Mass Media Council thereon by

15 January 2016.

[17 December 2015]

29. If the electronic mass medium in whose broadcasting permit of the radio programme it is

determined or it is derived from it that the share of a radio programme in the official language

is 50 per cent or may be less than 50 per cent has not chosen whether from 1 January 2017 the

language of the distributed radio programme is the official language or foreign language and

has not re-registered its broadcasting permit by 31 December 2016, the radio programme of

this electronic mass medium shall be in the official language from 1 January 2017. Until

15 January 2017, the National Electronic Mass Media Council shall issue a new broadcasting

permit of a radio programme to the electronic mass medium referred to in this Paragraph on

the basis of this Law.

[23 October 2014; 17 December 2015]

30. The electronic mass medium which has received the broadcasting permit for the radio

programme prior to the coming into force of the restrictions specified in Section 33,

Paragraphs two and three of this Law shall ensure compliance with the relevant restrictions

from 1 January 2016.

[23 October 2014]

31. The amendment to Section 5, Paragraph one of this Law with regard to the replacement of

words “Law on Capital Shares and Enterprises of State and Local Governments” with words

“Law on Governance of Capital Shares of a Public Person and Capital Companies” shall come

into force on 1 January 2015.

[23 October 2014]

32. The provisions of Section 19, Paragraphs twelve and thirteen of this Law shall be applied

from 1 July 2017. Until such date, the electronic mass media which perform the

retransmission of television programmes shall receive the necessary retransmission permits at

the National Electronic Mass Media Council.

[17 December 2015]

33. The amendments to Section 22 of this Law which provide for the submission of the

notification on commencing the provision of an on-demand electronic mass media service to

the National Electronic Mass Media Council shall not be applicable to such electronic mass

media which are registered as the providers of on-demand electronic mass media services at

the National Electronic Mass Media Council by the date of the coming into force of these

amendments.

[17 December 2015]

34. Section 39.1, amendments to Section 42, Paragraph one which provide for the deletion of

the second sentence, Section 42, Paragraph three, amendments to Section 47, Paragraph one

which provide for the deletion of the second sentence, Section 47, Paragraph three, and

Section 66, Paragraph seven of this Law shall come into force on 1 January 2021. Upon

planning the State budget, financing adequate for these amendments shall be envisaged.

[20 June 2018 / The abovementioned amendments shall be included in the wording of the Law

as of 1 January 2021.]

35. The amendments to this Law with regard to the new wording of Section 13,

Paragraph one, Clause 3 and Paragraph six, the supplementation of this Section with

Paragraph seven, the supplementation of Section 60, Paragraph one with Clause 14.2, the

supplementation of Section 61 with Paragraph two and the amendment on the deletion of

Section 71, Paragraph five shall come into force on 1 January 2020. Until 30 June 2019, the

National Electronic Mass Media Council shall submit to the Commission of Human Rights

and Public Affairs of the Saeima a report on the progress of the harmonisation of aid for

commercial activity with the Directorate-General for Competition of the European

Commission. If necessary, the Cabinet, until 30 September 2019, shall prepare and submit to

the Saeima draft laws in order to ensure the implementation of norms for the control of aid for

commercial activity.

[20 June 2018 / The abovementioned amendments shall be included in the wording of the Law

as of 1 January 2020.]

36. The amendments to this Law with regard to the supplementation of Section 21.8 with

Paragraphs two, three, and four shall come into force on 1 January 2019. Upon planning the

State budget, financing adequate for these amendments shall be envisaged.

[20 June 2018 / The abovementioned amendment shall be included in the wording of the Law

as of 1 January 2019.]

37. The electronic mass medium which has received a broadcasting permit, retransmission

permit or has notified on the provision of an on-demand service shall submit to the National

Electronic Mass Media Council information on the beneficial owner thereof by

31 December 2018.

[20 June 2018]

Informative Reference to European Union Directives

[14 February 2013; 2 June 2016]

This Law contains legal norms arising from:

1) Directive 2002/22/EC of the European Parliament and of the Council of

7 March 2002 on universal service and users’ rights relating to electronic communications

networks and services (Universal Service Directive);

2) Directive 2009/136/EC of the European Parliament and of the Council of

25 November 2009 amending Directive 2002/22/EC on universal service and users’ rights

relating to electronic communications networks and services, Directive 2002/58/EC

concerning the processing of personal data and the protection of privacy in the electronic

communications sector and Regulation (EC) No 2006/2004 on cooperation between national

authorities responsible for the enforcement of consumer protection laws;

3) Directive 2010/13/EU of the European Parliament and of the Council of

10 March 2010 on the coordination of certain provisions laid down by law, regulation or

administrative action in Member States concerning the provision of audiovisual media

services (Audiovisual Media Services Directive);

4) Directive 2014/40/EU of the European Parliament and of the Council of

3 April 2014 on the approximation of the laws, regulations and administrative provisions of

the Member States concerning the manufacture, presentation and sale of tobacco and related

products and repealing Directive 2001/37/EC.

This Law has been adopted by the Saeima on 12 July 2010.

Acting for the President, Chairperson of the Saeima G. Daudze

Rīga, 28 July 2010

لاتفيا

LV100

Electronic Mass Media Law (as amended up to January 1, 2019)