1 / 23

Negotiating Montenegro's Accession to the EU: Chapter 10 Information Society and Media

This presentation discusses Montenegro's progress in implementing Chapter 10 of the EU accession negotiations, focusing on the information society and media sector. It covers relevant EU directives and national legislation, definitions of audiovisual media services, conditional access measures, and the protection of services. It emphasizes Montenegro's commitment to freedom of reception and retransmission of media services, while also addressing activities that infringe upon conditional access measures.

jaramillo
Download Presentation

Negotiating Montenegro's Accession to the EU: Chapter 10 Information Society and Media

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European UnionWorking Group for Chapter 10 – Information society and media Bilateral screening: Chapter10 PRESENTATION OF MONTENEGRO Brussels, 21-22January 2013

  2. Chapter 10: Information society and media CONDITIONAL ACCESS Jadranka Vojvodic Deputy Director Agency for Electronic Media jadranka.vojvodic@ardcg.org Chapter 10: INFORMATION SOCIETY AND MEDIA M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union

  3. Chapter 10: Information society and media Relevant Acquis • Directive 1998/84/ECof the European Parliament and of the Council of 20 November 1998 of the European Parliament and of the Council of 20 November 1998 on the legal protection of services based on, or consisting of, conditional access (OJ L 320, 28.11.1998, p. 54)31998L0084 P Chapter 10: INFORMATION SOCIETY AND MEDIA M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union

  4. Chapter 10: Information society and media National Legislation • Electronic Media Law (OG MNE, no. 46/10, 40/11, 53/11) • Criminal Code (OG RMNE, no. 70/03, 13/04, 47/06, OG MNE, no. 40/08, 25/10, 73/10, 32/11, 64/11) • Criminal Procedure Code (OG MNE, no. 57/09, 49/10) • Law on Obligations (OG MNE, no. 47/08, 04/11) Chapter 10: INFORMATION SOCIETY AND MEDIA M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union

  5. Chapter 10: Information society and media Definitions (1) • AVM service: • Under editorial responsibility, the principal purpose is to provide, through electroniccommunications networks, the programmes aimed at informing, entertaining or educating the general public • Aimed at general public • By electronic communications networks • May take the form of electronic media (radio or television broadcast), an on-demand AVM service or audiovisual commercial communication • Electronic media (a linear AVM service)- radio or television broadcast (audiovisual content). Enables simultaneous listening to and/or viewing of programmes on the basis of a programme schedule • (Electronic Media Law, Article 8, items 1 & 3) Chapter 10: INFORMATION SOCIETY AND MEDIA M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union

  6. Chapter 10: Information society and media Definitions (2) • On-demand audiovisual service (non-linear or encrypted AVM service) means an individual media service which enables the reception of radio and/or television broadcasts based on the individual user request and the catalogue of programmes selected by the AVM service provider, available solely based on a user contract or other form of prior individual authorisation • Protected service means an AVM service whose availability in a decoded form is conditioned by signing a user contract or other form of prior individual authorisation (conditional access) • Conditional access measures means technology, a device or a part thereof designed or adjusted to enable or restrict access to an encrypted/protected service • Associated service for conditional access means a service which implies installation, maintenance or replacement of conditional access measures, as well as provision of audiovisual commercial communication services related to them or encrypted services • (Electronic Media Law, Article 8, items 20, 21 & 22) Chapter 10: INFORMATION SOCIETY AND MEDIA M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union

  7. Chapter 10: Information society and media General Principle • MNE ensures freedom of reception and retransmission of AVM services from EU Member States and other European countries signatories to the European Convention on Transfrontier Television (ECTT) • Restriction of the freedom of reception and retransmission only in exceptional cases, in accordance with international treaties and this Law • (Electronic Media Law , Article 5) Chapter 10: INFORMATION SOCIETY AND MEDIA M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union

  8. Chapter 10: Information society and media Infringing Activities • Prohibited: • Production, import, marketing, leasing, advertising or keeping for commercial purposes the devices or software primarily designed, manufactured or adapted to enable or facilitate circumventing any measure of conditional access to an encrypted service and having no other significant purpose except this • Installation, maintenance or replacement of mentioned devices for commercial purposes • Circumventing any measure of conditional access or provision of service that enables or facilitates that • Broadcasting or distribution of any form of audiovisual communications on the above activities or services • (Electronic Media Law , Article 124) Chapter 10: INFORMATION SOCIETY AND MEDIA M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union

  9. Chapter 10: Information society and media Sanctions (1) • Misdemeanor offences for breaching Article 124, determined by the court: • A legal person punishable by a fine ranging from €500 to €6,000 • A responsible person within a legal person punishable by a fine ranging from €100 to €2,000 • (Electronic Media Law, Article 146) Chapter 10: INFORMATION SOCIETY AND MEDIA M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union

  10. Chapter 10: Information society and media Sanctions (2) • Unauthorized trade – without permit for trade & acquisition of goods for the purpose of sale  fine or prison sentence up to two years • Sale of goods produced without authorization – prison sentence from three months to three years • Unauthorized sale, purchase or exchange of goods or objects whose trade is forbidden or limited  prison sentence from three months to three years • If a network of dealers or intermediaries is organized for the aforementioned activities or if a material gain exceeding €3,000 is obtained  prison sentence from six months to five years • If a material gain exceeding €30,000 is obtained on the basis of the aforementioned activities  prison sentence from one to five years • Goods and objects subject to unauthorized trade shall be confiscated • (Criminal Code, Article 284) Chapter 10: INFORMATION SOCIETY AND MEDIA M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union

  11. Chapter 10: Information society and media Remedies (1) • Protected service provider - entitled to judicial protection under general rules (Electronic Media Law , Article 123) • Security measures – aimed at eliminating situation or conditions, which might influence an offender to commit crime in future, to be eliminated • Confiscation of objects – conditions: • If used in or intended for a criminal offence or if obtained by committing a criminal offence • If they belong to an offender • If they do not belong to an offender, but there is a danger that they could be used to commit a criminal offence, without interference with the rights of the third parties to compensation of damage from an offender • Mandatory destruction of the confiscated objects could be prescribed • (Criminal Code, Article 66, 67 & 75) Chapter 10: INFORMATION SOCIETY AND MEDIA M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union

  12. Chapter 10: Information society and media Remedies (2) • No one is allowed to retain any material gain obtained by a criminal offence • Seizure of material gain – pursuant to the law and court ruling •  Conditions and manner of seizure: • From an offender: money, valuables and any other material gain obtained by a criminal offence; if such a seizure is not possible, a perpetrator is obliged to pay the monetary value equivalent to the material gain obtained • From persons it has been transferred to without compensation • From persons who were aware that the material gains had been obtained by a criminal offence or who could have been and were obliged to be aware • From other persons, if material gain has been obtained for them by a criminal offence • (Criminal Code, Article 112 & 113) Chapter 10: INFORMATION SOCIETY AND MEDIA M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union

  13. Chapter 10: Information society and media Remedies (3) • Seizure of Objects and Material Gain: • Eligibility criteria: • have to be seized under the Criminal Code or • may be used as evidence in criminal proceedings • Upon the proposal of a Public Prosecutor • By a court ruling - immediately or within eight days as of the receipt of request • To be seized and delivered for safekeeping to the court or in another way • (Criminal Procedure Code, Articles 85 & 91) Chapter 10: INFORMATION SOCIETY AND MEDIA M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union

  14. Chapter 10: Information society and media Remedies (4) • The enforcement of judgments with respect to seizure of Objects and Material Gain - vested in the court of appropriate jurisdiction in compliance with the provisions of the law on the enforcement procedure • If the security measure of seizure of an item pronounced by a judgment - the first instance court decides whether such items will be sold, or given to a museum of criminology or other institution, or destroyed • (Criminal Procedure Code, Article 221) Chapter 10: INFORMATION SOCIETY AND MEDIA M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union

  15. Chapter 10: Information society and media Remedies (5) • Claims under property law arising from the commission of a criminal offence • Eligible for consideration if: • submitted by a person entitled to exercise such claim in civil proceedings • it would not considerably delay the proceedings • May refer to damages, restitution of items or annulment of certain legal procedures • (Criminal Procedure Code, Articles 234 & 235) Chapter 10: INFORMATION SOCIETY AND MEDIA M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union

  16. Chapter 10: Information society and media Remedies (6) • Proceedings for Asserting Claims under Property Law  • To be submitted to the Public Prosecutor, or to the court conducting criminal proceedings • May be lodged at the latest until the conclusion of the main hearing before the court of the first instance • Persons authorized to file petitions designate their claim with precision and submit evidence • (Criminal Procedure Code, Article 236) Chapter 10: INFORMATION SOCIETY AND MEDIA M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union

  17. Chapter 10: Information society and media Remedies (7) • Imposing Temporary Measures securing a claim under property law arising out of the commission of a criminal offence • May be ordered in criminal proceedings upon the motion of person entitled to exercise such claim in civil proceedings  law regulating the enforcement procedure applies • In the course of the investigation - the ruling on temporary measures to be issued by the investigative judge • After the indictment has been brought - the ruling on temporary measures to be issued by the Chair of the Panel outside the main hearing and by the Panel during the main hearing • A ruling issued by the Panel may not be subject to appeal. In other cases, the Panel rules on the appeal • An appeal does not suspend enforcement of the ruling • (Criminal Procedure Code, Article 243) Chapter 10: INFORMATION SOCIETY AND MEDIA M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union

  18. Chapter 10: Information society and media Remedies (8) • Imposing Provisional Security Measures & Seizure of Material Gain • If seizure of material gains is possible - the court imposes provisional security measures, ex officio or upon the motion of the Public Prosecutor • The law governing the enforcement procedure applies • The provisions for Imposing Temporary Measures apply accordingly • (Criminal Procedure Code, Article 481) Chapter 10: INFORMATION SOCIETY AND MEDIA M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union

  19. Chapter 10: Information society and media Remedies (9) • Injury or Loss - a diminution of someone's property (simple loss) and preventing its increase (profit lost), as well as inflicting on another physical or psychological pain or causing fear, as well as violation of rights of person and reputation of legal entity (non- material damage) • Claim to Remove a Danger of Injury or Loss: • May be submitted by an interested party • To ensure measures to prevent the emergence of damage or disturbance, or to eliminate the source of danger – at the expense of the holder of the source of danger, should he himself fail to act accordingly • (Law on Obligations, Article 149 & 150) Chapter 10: INFORMATION SOCIETY AND MEDIA M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union

  20. Chapter 10: Information society and media Remedies (10) • Indemnity for damage to property • Restitution to Previous Condition and Indemnity in Form of Money • A responsible person - liable to re-establish the situation existing prior to the occurrence of damage • Should restoration of the previous situation fail to remove the damage entirely, the responsible person - liable to pay an indemnity in money to cover for the rest of the damage • (Law on Obligations, Article 192) Chapter 10: INFORMATION SOCIETY AND MEDIA M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union

  21. Chapter 10: Information society and media Remedies (11) • Scope of indemnity for damage to property • A person sustaining damage - entitled both to indemnity of common damage and compensation of profit lost • The amount of damages - determined according to prices at the time of rendering court's decision, unless something else be ordered by law • Profit lost – assessment of the profit which could have been reasonably expected according to the regular course of events or particular circumstances, and whose realization has been prevented by an act or omission of the tort-feasor is taken into account • (Law on Obligations, Article 196) Chapter 10: INFORMATION SOCIETY AND MEDIA M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union

  22. Chapter 10: Information society and media Future Activities • Ensure full transposition of the Conditional Access Directive in the part related to the information society services Chapter 10: INFORMATION SOCIETY AND MEDIA M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union

  23. Thank you for your attention QUESTIONS

More Related