Measures imposed

If, in the course of monitoring, the Regulator determines that the media service provider has breached an obligation envisaged by Articles 61–82 of the Law on Electronic Media or an obligation arising from the requirements stated in the license or the approval for media service provision, in accordance with the requirements envisaged by the Law, the Regulator imposes against the media service provider one of the following protection measures:

1. reprimand,
2. warning,
3. temporary ban on broadcasting programming content or temporary ban on broadcasting advertising messages,
4. temporary revocation of license or approval for media service provision, or
5. permanent revocation of license or approval for media service provision.

A reprimand is imposed against the media service provider if the provider commits a legal violation that cannot be deemed as a severe or particularly severe legal violation.

A warning is imposed against a media service provider that commits a severe legal violation.

A temporary ban on broadcasting programming content or a temporary ban on broadcasting advertising messages and other forms of advertisement is imposed against a media service provider that commits a particularly severe legal violation.

A temporary ban on broadcasting programming content is imposed in relation to the part(s) of a programme whose provision constitutes a legal violation, and it also applies to the same programming content regardless of changes in name, time of provision and other circumstances relevant to the recognisability of the content. A temporary ban on broadcasting programming content is imposed for a duration of up to 30 days from the day on which the decision on the imposition of the measure becomes final, particularly taking into account the frequency of broadcasting the part(s) of the programming content whose provision constitutes a legal violation.

A temporary ban on broadcasting advertising messages is imposed if it is impossible or not effective to impose a temporary ban on broadcasting programming content bearing in mind the nature and frequency of the broadcasting of programming content or parts of it that constitute a legal violation. A temporary ban on broadcasting advertising messages prohibits a media service provider from broadcasting, during a period determined within the range between one and eight days, advertising messages from 6 p.m. to 9 p.m. continuously in the television programme, or from 7 a.m. to 10 a.m. continuously in the radio programme. The manner of implementation of the ban on broadcasting advertising messages in the aforementioned time range when it comes to on-demand media services is determined by the Regulator in each case individually bearing in mind the manner, appearance and form in which the media service is made available to the public.

The protection measure imposed is entered into the Register of Media Services.

A reprimand measure imposed is deleted from the Register of Media Services within three years from the day of its imposition unless, during that period, the media service provider commits a legal violation due to which the protection measure was imposed against the provider.

Other measures imposed are not deleted from the Register of Media Services, and they are taken into account if they were imposed in the period between two competitions for awarding licenses in procedures launched after their imposition until the end of the new competition.