Chapter II |
Programming matters |
Article 7 |
Right of reply
1. |
All items of programme services, as concerns their
presentation and content, shall respect the dignity of the human
being and the fundamental rights of others.
In particular, they shall not:
a. |
be indecent and in particular contain pornography; |
b. |
give undue prominence to violence or be likely to incite
to racial hatred. |
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2. |
All items of programme services which are likely to impair
the physical, mental or moral development of children and adolescents
shall not be scheduled when, because of the time of transmission
and reception, they are likely to watch them. |
3. |
The broadcaster shall ensure that news fairly present facts
and events and encourage the free formation of opinions. |
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Article 8 |
Right of reply
1. |
Each transmitting Party ensure that every natural or legal
person, regardless of nationality or place of residence, shall
have the opportunity to exercise a right of reply or to seek
other comparable legal or administrative remedies relating to
programmes transmitted or retransmitted by entities or by technical
means within its jurisdiction, within the meaning of Article
3. In particular, it shall ensure that timing and other arrangements
for the exercise of the right of reply are such that this right
can be effectively exercised. The effective exercise of this
right or other comparable legal or administrative remedies shall
be ensured both as regards the timing and the modalities. |
2. |
For this purpose, the name of the broadcaster responsible
for the programme service shall be identified therein at regular
intervals by appropriate means. |
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Article 9 |
Access of the public to major events
Each Party shall examine the legal measures to avoid the right of
the public to information being undermined due to the exercise by
a broadcaster of exclusive rights for the transmission or retransmission,
within the meaning of Article 3, or an event of high public interest
and which has the effect of depriving a large part of the public in
one or more other Parties of the opportunity to follow that event
on television. |
Article 10 |
Cultural objectives
1. |
Each transmitting Party shall ensure, where practicable and
by appropriate means, that broadcasters reserve for European
works a majority proportion of their transmission time, excluding
the time appointed to news, sports events, games, advertising
and teletext services. This proportion, having regard to the
broadcaster's informational, educational, cultural and entertainment
responsibilities to its viewing public, should be achieved progressively,
on the basis of suitable criteria. |
2. |
In case of disagreement between a receiving Party and a transmitting
Party on the application of the preceding paragraph, recourse
may be had, at the request of one of the Parties, to the Standing
Committee with a view to its formulating an advisory opinion
on the subject. Such a disagreement shall not be submitted to
the arbitration procedure provided for in Article 26. |
3. |
The Parties undertake to look together for the most appropriate
instruments and procedures to support, without discrimination
between broadcasters, the activity and development of European
production, particularly in countries with a low audiovisual
production capacity or restricted language area. |
4. |
The Parties, in the spirit of co-operation and mutual assistance
which underlines this Convention, shall endeavour to avoid that
programme services transmitted or retransmitted by entities
or by technical means within their jurisdiction, within the
meaning of Article 3, endanger the pluralism of the press and
the development of the cinema industries. No cinematographic
work shall accordingly be transmitted in such services, unless
otherwise agreed between its rights holders and the broadcaster,
until two years have elapsed since the work was first shown
in cinemas; in the case of cinematographic works co-produced
by the broadcaster, this period shall be one year. |
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