Kulturális Közlöny, 2004 (48. évfolyam, 1-24. szám)

2004-01-06 / 1. szám

2 KULTURÁLIS KÖZLÖNY wishing to further develop the principles embodied in the Council of Europe recommendations on the drawing up of strategies to combat smoking, alcohol and drug dependence in co-operation with opinion-makers and the media, on the right to short reporting on major events where exclusive rights for their television broadcast have been acquired in a transfrontier context and on the portrayal of violence in the electronic media, which have been adopted within the framework of the Council of Europe since the Convention was adopted, have agreed as follows: Article 1 The word „juridiction” in Article 8, paragraph 1, and in Article 16, paragraph 2a, in the French text, shall be replaced by the word „compétence”. Article 2 The word „advertisements” in Article 15, paragraphs 3 and 4, in the English text, shall be replaced by the word „advertising”. Article 3 The definition of „Broadcaster” in Article 2, paragraph c, shall be worded as follows: ,,c „Broadcaster” means the natural or legal person who has editorial responsibility for the composition of television programme services for reception by the general public and transmits them or has them transmitted, complete and unchanged, by a third party;” Article 4 The definition of „Advertisement” in Article 2, paragraph f, shall be worded as follows: ,,f „Advertising” means any public announcement in return for payment or similar consideration or for self-promotional purposes, which is intended to promote the sale, purchase or rental of a product or service, to advance a cause or idea, or to bring about some other effect desired by the advertiser or the broadcaster itself;” Article 5 A new paragraph g reading as follows shall be inserted in Article 2: ,,g „Tele-shopping” means direct offers broadcast to the public with a view to the supply of goods or services, including immovable property, rights and obligations in return for payment;” Article 6 Article 2, paragraph g, shall be renumbered to Article 2, paragraph h. Article 7 The following text shall replace Article 5: „Article 5: Duties of the transmitting Parties 1 Each transmitting Party shall ensure that all programme services transmitted by a broadcaster within its jurisdiction comply with the terms of this Convention. 2 For the purposes of this Convention, a broadcaster within the jurisdiction of a Party is: — a broadcaster who is deemed to be established in that Party according to paragraph 3; — a broadcaster to whom paragraph 4 applies. 3 For the purposes of this Convention, a broadcaster shall be deemed to be established in a Party, hereinafter referred to as the „transmitting Party”, in the following cases: a the broadcaster has its head office in that Party and the decisions on programme schedules are taken in that Party; b if a broadcaster has its head office in one Party but decisions on programme schedules are taken in another Party, it shall be deemed to be established in the Party where a significant part of the workforce involved in the pursuit of the television broadcasting activity operates; if a significant part of the workforce involved in the pursuit of the television broadcasting activity operates in each of those Parties, the broadcaster shall be deemed to be established in the Party where it has its head office; if a significant part of the workforce involved in the pursuit of the television broadcasting activity operates in neither of those Parties, the broadcaster shall be deemed to be established in the Party where it first began broadcasting in accordance with the system of law of that Party, provided that it maintain a stable and effective link with the economy of that Party; c if a broadcaster has its head office in a Party but decisions on programme schedules are taken in a State which is not Party to this Convention, or vice-versa, it shall be deemed to be established in the Party concerned, provided that a significant part of the workforce involved in the pursuit of the television broadcasting activity operates in that Party; d if, when applying the criteria of paragraph 3 of Article 2 of Directive 97/36/EC of the European Parliament and of the Council of 19 June 1997 amending Council Directive 89/552/EEC on the 1. szám

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