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
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.
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.
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.
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.
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.
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.
REPUBLIC OF LITHUANIA
LAW ON PROVISION OF INFORMATION TO THE PUBLIC
2 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.
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.
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 rebroadcasting 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.
Article 48. Competence of the Radio an Television 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;
Article 48. Competence of the Radio an Television 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);
Article 48. Competence of the Radio an Television 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, rebroadcasting 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;
Article 48. Competence of the Radio an Television 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 rebroadcasting 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;
Article 48. Competence of the Radio an Television 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;
Article 48. Competence of the Radio an Television 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.
Article 48. Competence of the Radio an Television 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.
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.
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.
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.
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.
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.
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;
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.
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.
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.
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.
Article 46. Ethics Commission of Journalists and Publishers
The Ethics Commission of Journalists and Publishers shall be a selfregulatory 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”).
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.
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.
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 )
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.
Thank You !!!