Chapter I |
General Provisions |
Article 1 |
Object and purpose
This Convention is concerned with programme services embodied in transmissions.
The purpose is to facilitate, among the Parties, the transfrontier
transmission and the retransmission of television programme services. |
Article 2 |
Terms employed
For the purposes of this Convention:
a. |
"Transmission" means the initial emission by terrestrial transmitter,
by cable, or by satellite of whatever nature, in encoded or
unencoded form, of television programme services for reception
by the general public. It does not include communication services
operating on individual demand; |
b. |
"Retransmission" signifies the fact of receiving and simultaneously
transmitting, irrespective of the technical means employed,
complete and unchanged television programme services, or important
parts of such services, transmitted by broadcasters for reception
by the general public; |
c. |
"Broadcaster" means the natural or legal person who composes
television programme services for reception by the general public
and transmits them or has them transmitted, complete and unchanged,
by a third party; |
d. |
"Programme service" means all the items within a single service
provided by a given broadcaster within the meaning of the preceding
paragraph; |
e. |
"European audiovisual works" means creative works, the production
or coproduction of which is controlled by European natural or
legal persons; |
f. |
"Advertisement" means any public announcement 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, for which transmission time has been
given to the advertiser for remuneration or similar consideration; |
g. |
"Sponsorship" means the participation of a natural or legal
person, who is not engaged in broadcasting activities or in
the production of audiovisual works, in the direct or indirect
financing of a programme with a view to promoting the name,
trademark or image of that person. |
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Article 3 |
Field of application
This Convention shall apply to any programme service transmitted or
retransmitted by entities or by technical means within the jurisdiction
of a Party, whether by cable, terrestrial transmitter or satellite,
and which can be received, directly or indirectly, on one or more
other Parties. |
Article 4 |
Freedom of reception and retransmission
The Parties shall ensure freedom of expression and information in
accordance with Article 10 of the Convention for the Protection of
Human Rights and Fundamental Freedoms and they shall guarantee freedom
of reception and shall not restrict the retransmission on their territories
of programme services which comply with the terms of this Convention. |
Article 5 |
Duties of the transmitting Parties
1. |
Each transmitting Party shall ensure, by appropriate means
and through its competent organs, that all programme services
transmitted by entities or by technical means within its jurisdiction,
within the meaning of Article 3, comply with the terms of this
Convention. |
2. |
For the purposes of this Convention, the transmitting Party
shall be:
a.. |
in the case of terrestrial transmissions, the Party
in which the initial emission is effected; |
b. |
in the case of satellite transmissions;
1. |
the Party in which the satellite up-link is situated; |
2. |
the Party which grants the use of the frequency
or a satellite capacity when the up-link is situated
in a State which is not a Party to this Convention; |
3. |
the Party in which the broadcaster has its seat
when responsibility under sub-paragraphs i and ii
is not established. |
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3. |
When programme services transmitted from States which are
not Parties to this Convention are retransmitted by entities
or by technical means within the jurisdiction of a Party, within
the meaning of Article 3, that Party, acting as transmitting
Party, shall ensure, by appropriate means and through its competent
organs, compliance with the terms of this Convention. |
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Article 6 |
Provision of information
1. |
The responsibilities of the broadcaster shall be clearly and
adequately specified in the authorisation issued by, or contract
concluded with, the competent authority of each Party, or by
any other legal measure. |
2. |
Information about the broadcaster shall be made available,
upon request, by the competent authority of the transmitting
Party. Such information shall include, as a minimum, the name
of denomination, seat and status of the broadcaster, the name
of the legal representative, the composition of the capital,
the nature, purpose and mode of financing of the programme service
the broadcaster is providing or intends providing. |
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