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Dainius Radzevicius, Chairman of Lithuanian Journalists Union

Dainius Radzevicius, Chairman of Lithuanian Journalists Union. Focus on media ethics in Lithuania International Workshop in Budapest June 8-9, 2007. Focus on media ethics in Lithuania.

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Dainius Radzevicius, Chairman of Lithuanian Journalists Union

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  1. Dainius Radzevicius, Chairman of Lithuanian Journalists Union Focus on media ethics in Lithuania International Workshop in Budapest June 8-9, 2007

  2. Focus on media ethics in Lithuania • Since 1996, the legal landscape of mass media regulation in Lithuania has gone through incredible change. There are two main reasons. First, Lithuania had adopted new law on press and broadcasting activities in the early nineties. • This new law regulate the relations of society, government and mass media according to the practices accepted in democratic countries. However, because it takes some time to accommodate the legitimate interest of all parties, the accommodation process is still not over yet.

  3. Focus on media ethics in Lithuania • Second, the press and broadcasting sector are undergoing commercialisation and privatisation in full speed. On the one hand, commercialisation and privatisation helps the press and broadcasting sector to get rid of their economical problems; on the other hand, it brings in new phenomena, which the local public did not get used to in the beginning. Examples of these phenomena include yellow journalism, deteriorating ethical standards, and impact of big money on reporting.

  4. Focus on media ethics in Lithuania • While the broadcasting landscape changed the fastest, the landscape of magazines has probably changed the most. If one would compare the list of those titles available today and those available ten years ago, one could probably find just one or two matching titles, which are usually women magazines. All others are new, reflecting new lifestyles and newly emerging social groups. Magazines are also very much under the influence of advertisers, who consider the magazines as a primary tool to reach specialised audiences and buy advertising space accordingly.

  5. Focus on media ethics in Lithuania • In the early years of independence, newspapers were separated from the state and went private. Foreign, again predominately Scandinavian, investment entered the newspaper sector quite fast. Estonia was the first with Eesti Ekspress, Latvia followed with its biggest daily Diena, and Lithuania was hesitant for a while but now followed the path with the second largest daily from Kaunas, Kauno Diena, to be acquired by Norwegian Orkla.

  6. Focus on media ethics in Lithuania • Decrease of pluralism and emergence of yellow-style profit-oriented journalism on the national level of the press started to become a concern for the society and became the frequent issue in the field of media criticism. The trend was taken on board by some politicians, who started to exploit it as a media bashing opportunity. The response of the journalism community was to come forward with self-regulation systems, basically saying to the politicians and society: We see the point of the criticism, but please let us fix the problems ourselves by the help of the Codes of ethics, Commission of ethics, press ombudsmans, etc.

  7. Focus on media ethics in Lithuania • The full-scale system of self-regulation was introduced in Lithuania in 1996. • The first phase of the transition—which included the disruption of soviet media system and emergence of the new structure of the media which is capable of integrating Western journalistic practices and is ready to be integrated into the structures of Western media businesses—is over, and the next stage—which is to find its place and voice in united Europe—has just started.

  8. REPUBLIC OF LITHUANIALAW ON PROVISION OF INFORMATION TO THE PUBLIC2 July 1996 No. I-1418, Vilnius(Revised version on 11 July 2006 – No X-752) • Article 43. Professional Ethics when Providing Information to the Public • 1. The norms of professional ethics which have to be adhered to by the producers and disseminators of public information as well as journalists is defined in the Code of Ethics of Lithuanian Journalists and Publishers (hereinafter referred to as the “Code”), the Resolution on the Ethics of Journalism adopted by the Parliamentary Assembly of the Council of Europe, also by international treaties of the Republic of Lithuania governing the production and dissemination of public information, and this Law.

  9. Article 43. Professional Ethics when Providing Information to the Public • 2. The Code of Ethics of Lithuanian Journalists and Publishers shall be approved, amended or supplemented by the meeting of representatives of journalists’ and publishers’ organisations (hereinafter referred to as the “meeting of representatives”) which is convened and attended by the Ethics Commission of Journalists and Publishers. The said meeting shall be also attended by representatives of other journalists’ and publishers’ organisations. The meeting of representatives shall approve, amend or supplement the Code in compliance with the rules of procedure of the meeting. It shall be approved by a simple majority vote by the meeting of representatives on the proposal of the Ethics Commission of Journalists and Publishers.

  10. About Radio and Television Commission of Lithuania • The Radio and Television Commission of Lithuania is an independent institution with powers of regulation and supervision of activities of  radio and television broadcasters, which is accountable to the Seimas of the Republic of Lithuania. It is an expert of the Seimas and government of the Republic of Lithuania in matters of radio and television broadcasting. •     In its activities the Commission is guided by the Constitution of Republic of Lithuania, the RL Law on the Provision of Information to the Public, other laws and regulatory enactments, its own Regulations and the Rules for Licensing Broadcasting and Re-broadcasting Activities. •     Together with the Communications Regulatory Authority, the Commission works out the strategy and the strategic plan of radio and television broadcasting. It announces tenders for the acquisition of broadcasting or re-broadcasting licenses. It establishes the tender conditions and the terms of licensing, as well as fixes the rate of a registration fee and licensing fee for tenderers. It adopts decisions concerning the tender results and the granting of licenses. It supervises the observance of terms of licensing and decisions adopted by the Commission.

  11. Article 48. Competence of the Radio anTelevision Commission of Lithuania • 1. The Commission shall perform the following functions: • 1) in conjunction with the Communications Regulatory Authority, draw up the Strategy for Assigning Radio Frequencies to Broadcast and Transmit Radio and Television Programmes; also, in conjunction with the Communications Regulatory Authority and in accordance with the Strategy for Assigning Radio Frequencies to Broadcast and Transmit Radio and Television Programmes, draw up and approve the Strategic Plan for the Assignment of Radio Frequencies to Broadcasting and Transmission of Radio and Television Programmes; • 2) announce and organise, in accordance with the procedure established by this Law and the Rules for Licensing Broadcasting and Re-broadcasting Activities, tenders for obtaining broadcasting and/or re-broadcasting licences, determine the terms and conditions of these tenders and licences, issue licences, and change the terms and conditions of licences; • 3) set the rate of the fee for the examination of licence applications and change of the terms and conditions of licences;

  12. Article 48. Competence of the Radio anTelevision Commission of Lithuania • 1. The Commission shall perform the following functions: • 4) in conjunction with an institution authorised by the Government in the filed of provision of information to the public, approve a description of the procedure for fixing the rate of a licence fee, as well as to fix such rate in accordance with this description; • 5) control how broadcasters and re-broadcasters, as well as persons broadcasting, re-broadcasting or otherwise disseminating programmes or their parts through electronic communications networks, whose main purpose is not broadcasting and/or re-broadcasting of programmes, comply with this Law and the Law on the Protection of Minors against Detrimental Effect of Public Information, assumed obligations, licence terms and conditions and decisions taken by the Commission; • 6) maintain, within the limits of its competence, supervision over the implementation of the provisions of the Law on the Protection of Minors against Detrimental Effect of Public Information; • 7) establish the procedure for adhering to the requirements laid down in the laws and by the European Union concerning the structure and content of programmes, the broadcasting of advertisements and sponsorship of programmes (broadcasts);

  13. Article 48. Competence of the Radio anTelevision Commission of Lithuania • 8) maintain control over compliance by broadcasters with the provisions of this Law concerning the proportion of European works and works by independent producers in the programmes broadcast, the right to broadcast events of major importance to society as well as with the requirements laid down in paragraphs 3, 5, 10, 11 and 12 of Article 39 of this Law concerning advertising and provisions on the sponsorship of programmes; • 9) maintain control over compliance by re-broadcasters with the provisions of this and other laws concerning the broadcasting, re-broadcasting of programmes and requirements for public information laid down by laws; • 10) monitor broadcasters’ and re-broadcasters’ programmes to maintain control over compliance with the laws, Commission decisions regulating the activities of broadcasters and re-broadcasters as well as with licence conditions;

  14. Article 48. Competence of the Radio anTelevision Commission of Lithuania • 11) impose, in accordance with the procedure established by the law, the following penalties on broadcasters and re-broadcasters as well as other persons broadcasting, re-broadcasting or otherwise disseminating programmes or their parts through electronic communications networks, whose main purpose is not broadcasting and/or re-broadcasting of programmes, as well as producers and/or disseminators of programmes publicly distributed through data transmission networks, who have violated the requirements of this Law, the Law on the Protection of Minors against Detrimental Effect of Public Information, licence conditions or who do not comply with the decisions or obligations adopted by the Commission: reprimands, monetary penalties prescribed by the Code of Administrative Offences of the Republic of Lithuania, suspension of licence for a period of up to 3 months, revocation of licence, appeal to the court regarding the suspension or termination of activities of the Information Society media in accordance with the procedure laid down by this Law;

  15. Article 48. Competence of the Radio anTelevision Commission of Lithuania • 12) submit proposals concerning the drafting of laws governing the activities of broadcasters and re-broadcasters as well as other legal acts related to these activities; • 13) initiate the termination of illegal broadcasting and re-broadcasting activities; • 14) suspend in the manner prescribed by law the re-broadcasting within the territory of the Republic of Lithuania of the programmes produced abroad; • 15) collect information about broadcasters, re-broadcasters and common-use reception networks, analyse their activities, publish information about the participants therein, prepare information and methodical materials on these issues;

  16. Article 48. Competence of the Radio anTelevision Commission of Lithuania • 16) prepare and submit every 2 years to the Seimas an analytical survey of the implementation of Lithuania’s audiovisual policy, the development of the market of audiovisual services, the prospects for the expansion of national audiovisual sector, including the statistical data on the progress necessary to comply with the provisions of paragraphs 3 and 4 of Article 38 achieved by all the broadcasters falling under the jurisdiction of the Republic of Lithuania, also stating the reasons that impede the implementation of the said provisions and remedial measures taken or to be taken. • 17) cooperate with the institutions of the European Union and other foreign countries which perform equivalent functions, also represent, within the sphere of its competence, the Republic of Lithuania in international organisations; • 18) establish the procedure for encoding the programmes broadcast and/or re-broadcast; and • 19) perform other functions set out in the laws and other legal acts.

  17. Article 48. Competence of the Radio anTelevision Commission of Lithuania • 2. While carrying out the functions referred to in subparagraph 6 of paragraph 1 of this Law, the Commission may address the inspector of journalist ethics regarding the conclusions pertaining to the assigning of public information to the category of information which causes a negative impact on the development of minors, if members of the Commission have reservations when assessing the damage done to the physical, mental or moral development of minors or assessment of such public information requires special knowledge. Upon the receipt of such inquiry, the inspector of journalist ethics must, in the manner and within the time limits prescribed by this Law, submit to the Commission his own conclusions on the matter at issue or the conclusions of the experts of the office of inspector of journalist ethics with respect to that matter.

  18. Article 49. Inspector of Journalist Ethics • The Inspector of Journalist Ethics shall be a State Officer who shall supervise the implementation of the provisions of this Law. • The Inspector of Journalist Ethics shall be appointed for a five-year term of office by the Seimas on the nomination by the Ethics Commission of Journalists and Publishers. The same person may not be appointed the Inspector of Journalist Ethics for more than two successive terms of office. A person appointed the Inspector of Journalist Ethics shall hold office until the appointment of a new Inspector of Journalist Ethics.

  19. Inspector of Journalist Ethics • A citizen of the Republic of Lithuania of good repute with higher education and the competence necessary to perform his duties shall be appointed the Inspector of Journalist Ethics. • Members of Seimas and Government as well as public servants of political (personal) confidence may not be appointed as the Inspector of Journalist Ethics. The Inspector of Journalist Ethics and members of his family may not be linked with producers and/or disseminators of public information by virtue of employment and may not have the shares of the producers and/or disseminators of public information. During his term office, the Inspector of Journalist Ethics may not participate in political activities. • The Inspector of Journalist Ethics shall act in accordance with the Constitution of the Republic of Lithuania, this and other laws, international treaties of the Republic of Lithuania, and other legal acts.

  20. Inspector of Journalist Ethics • The decisions of the Inspector of Journalist Ethics may be appealed against in court within 30 days after the day of their publication. • The Inspector of Journalist Ethics may not hold any other elective or appointive office and receive any other remuneration, except for that prescribed for his current position and payments for pedagogical or creative activity.

  21. Inspector of Journalist Ethics • The Inspector of Journalist Ethics shall examined a received complaint or application not later than within 30 days. In some cases, where it is necessary to verify the data more thoroughly, the time limits of examination of an application or complaint may be extended up to three months from the date of receipt of the complaint or application. • If a complaint or application is reasoned, the Inspector of Journalist Ethics may take one of the decisions provided for in paragraph 2 of Article 50 of LAW ON PROVISION OF INFORMATION TO THE PUBLIC. • The Inspector of Journalist Ethics shall present his decision to the applicant, producers and/or disseminators of public information.

  22. Inspector of Journalist Ethics • Activities of the Inspector of Journalist Ethics shall be ensured by the service of the Inspector of Journalist Ethics. The service of the Inspector of Journalist Ethics shall be a state institution headed by the Inspector of Journalist Ethics. • The activities of the Inspector of Journalist Ethics and the service headed by him shall be financed from the State budget. The funds allocated for this purpose shall be listed under a separate budget item. • The Inspector of Journalist Ethics and the service headed by him shall work in accordance with the regulations of the Inspector of Journalist Ethics, approved by the Seimas.

  23. Competence of the Inspector of Journalist Ethics • 1) examine the complaints and applications of interested persons regarding violation of their honour and dignity in the media; • 2) examine the complaints and applications of interested persons regarding violation of the right to the protection of privacy in the media; • 3) examine the complaints and applications of interested persons regarding violation of management of their personal data in the media; • 4) maintain, within the limits of his competence, supervision over the implementation of the provisions of the Law on the Protection of Minors against Detrimental Effect of Public Information; • 5) assess compliance with the principles of providing information to the public set forth in this and other laws, submit proposals to state institutions for improving their implementation;

  24. Competence of the Inspector of Journalist Ethics • 6) in compliance with the conclusions of experts, ascribe press publications, audiovisual works, radio and television programmes or broadcasts, the Information Society media and other media and/or their contents to the categories of erotic, pornographic and/or violent character, and inform the State Tax Inspectorate under the Ministry of Finance about press publications of erotic and/or violent character; • 7) cooperate with counterpart institutions of the European Union and other countries as well as represent, within the sphere of his competence, the Republic of Lithuania in international organisations; • 8) draw up and publish every two years an analytical survey intended to establish the guidelines for the development of a democratic culture in the field of provision of information to the public; • 9) carry on monitoring of public information in the media, with the exception of radio and television programmes.

  25. Competence of the Inspector of Journalist Ethics • In discharging the functions the Inspector of Journalist Ethics shall make a decision to: • 1) reprimand the producers and disseminators of public information about the noticed violations of legal acts governing the provision of information to the public and request that they be eliminated; • 2) request that a producer or disseminator of public information refute in accordance with the established procedure published false information, degrading the honour and dignity of a person or damaging his professional reputation, legitimate interests, or provide that person with a possibility to reply and deny such information; • 3) appeal to competent state institutions and the Ethics Commission of Journalists and Publishers in respect of the noticed violations of this Law and other legal acts governing the provision of information to the public; • 4) write down records of administrative offences in the cases set out in the Code of Administrative Offences; • 5) hear proceedings of administrative offences and impose administrative penalties in the cases set out in the Code of Administrative Offences.

  26. The Inspector of Journalist Ethics • Decisions of the Inspector of Journalist Ethics shall be published in the supplement Informaciniai Pranešimai (Information Bulletin) to the official gazette Valstybės Žinios as well as on the website of the service of the Inspector of Journalist Ethics. An operative part of a decision of the Inspector of Journalist Ethics must be forthright announced in that medium in which the Inspector of Journalist Ethics has established a violation. • The Inspector of Journalist Ethics shall have the right to receive, free of charge, from the producers and disseminators of public information, state and municipal institutions and agencies the information necessary for discharging the functions of the service of the Inspector of Journalist Ethics.

  27. The Inspector of Journalist Ethics • A group of experts shall operate at the Inspector of Journalist Ethics, presenting conclusions with respect to ascription of press publications, audiovisual works, radio and television programmes or broadcasts, websites or other media and/or their contents to the categories of erotic, pornographic and/or violent character. The Inspector of Journalist Ethics shall approve the composition of a group of experts. Experts shall be responsible for the correctness of their conclusions. A group of experts shall work in accordance with the regulations approved by the Inspector of Journalist Ethics and their activities shall be financed with the funds of the state budget. • The Inspector of Journalist Ethics shall report to the Seimas at least once a year about his work as well as the work of the service of the Inspector of Journalist Ethics.

  28. Article 46. Ethics Commission of Journalists and Publishers • The Ethics Commission of Journalists and Publishers shall be a self-regulatory institution of public information producers and disseminators. The Commission shall be a legal person, having its own seal, settlement accounts in the bank. • The Commission, comprised of 15 members to be appointed each by the Lithuanian Centre for Human Rights, the Lithuanian Psychiatric Association, the Lithuanian Bishops’ Conference, the Lithuanian Periodical Press Publishers’ Association, the Lithuanian Radio and Television Association, the Lithuanian Cable Television Association, Regional Televisions’ Association, and the Lithuanian Journalists’ Union, the Lithuanian Journalists’ Society, the Lithuanian Journalism Centre, the National Radio and Television of Lithuania, the Magazine Publishers’ Association, the Regional Press Publishers’ Association, the National Association of Publishers of Regional and City Newspapers, the Association of Communication and Advertising Agencies, shall be approved by the meeting of representatives of these Associations (hereinafter referred to as the “Meeting”).

  29. Ethics Commission of Journalists and Publishers • Members of the Commission shall be appointed for a term of three years. Organisations of journalists and publishers, which delegate their representatives to the Commission shall, not less seldom than once a calendar year, convene Meetings which must be attended by at least three delegates from each of the said organisations. The Meeting shall approve rules of procedure of the Commission. • The work of the Commission shall be organised by the Chairman of the Commission, who shall be elected by the Commission from among its members for a term of one year.

  30. Ethics Commission of Journalists and Publishers • The Commission shall perform the following functions: • 1) focus on the education of the professional ethics of journalism; • 2) examine the violations of professional ethics committed in the course of providing information to the public by journalists, producers of public information or responsible persons appointed by the participants therein; • 3) consider mutual disputes of journalists and producers or publishers of public information regarding violations of the Code of Ethics of Lithuanian Journalists and Publishers; • 4) supervise the compliance of disseminated public information with the provisions laid down in the laws, prohibiting the incitement of national, racial, religious, social or gender hatred. • 5. All interested persons may appeal to the Commission.

  31. Ethics Commission of Journalists and Publishers • The Commission shall act in accordance with the Constitution of the Republic of Lithuania, this and other laws, international treaties of the Republic of Lithuania, other legal acts, as well as the Code of Ethics of Lithuanian Journalists and Publishers and the Resolution on the Ethics of Journalism adopted by the Parliamentary Assembly of the Council of Europe. • The Commission shall work in accordance with the regulations approved by it. Commission decisions concerning the violations of professional ethics or other violations must be published immediately in the same media where the Commission has established these violations, and in the same manner as announcement of refutation, laid down in Article 44 of this Law. If a producer and/or disseminator of public information fails to publish within two weeks the decision of the Commission pertaining to the violations of professional ethics or other violations in its own media, the decision shall be announced on the first programme of the National Radio of Lithuania and on the webpage of the Commission – in the Information Society medium the manager of which is the Commission.(Paragraph 7 )

  32. Ethics Commission of Journalists and Publishers • The producers or disseminators of public information who disagree with the decisions of the Commission may appeal against them in court; but they must nevertheless publish them in accordance with the procedure established in paragraph 7 of this Article. • The Foundation shall ensure the funding of the necessary work by Commission experts, as well as the Commission’s information and technical servicing, public events held by the Commission, exploitation of the Commission’s premises, and other administrative expenses. The activities of the Commission may be financed with funds of other public foundations, as well as, when fulfilling requests by producers and/or disseminators of public information, with earnings from advance evaluation of information announced by them, showing whether or not the said information is in compliance with this Law and the Code of Ethics of Journalists and Publishers. The Commission shall have the right to fix rates for such services. The Commission shall announce information about the annual budget of its activities in the supplement Informaciniai Pranešimai (Information Bulletin) to the official gazette Valstybės Žinios not later than by 1 May of the next year.

  33. Thank You !!!

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