Czech RepublicZákon o službách platforem pro sdílení videonahrávek (Video-Sharing Platform Services Act), Sections 7 and 8, Illegal Content Reporting and Complaints
Video-Sharing Platform Services Act (Zákon č. 242/2022 Sb., o službách platforem pro sdílení videonahrávek) Sections 7(1)(b) and (c), 8, 11 and 13
In force since .
A notice and action rule binding private bodies.
- Obligation class
- Governance, Disclosure
As of .
What it requires
- If you provide a video-sharing platform service established in Czechia, adopt measures that protect the general public from content containing incitement to violence or hatred against a group of persons, and from content whose dissemination is a criminal offence, such as public incitement to commit a terrorist offence, child pornography offences and racism and xenophobia offences, without filtering uploads or checking them in advance.
- Where appropriate, run a transparent, user-friendly mechanism that lets users report or flag such content on your platform, tell the user how the report or flag was handled without undue delay and no later than 60 days after it, and run an effective complaints procedure for users about how these measures are carried out.
- Send the Council for Radio and Television Broadcasting any change to your protection measures at least 15 days before you make it.
If you get it wrong
Penalty structure
Section 11(4) sets the maximum fine at CZK 500,000 for failing to introduce appropriate protection measures under Section 8(1) to (3), CZK 200,000 for placing an audiovisual commercial communication that does not meet Section 7(2) to (6), and CZK 100,000 for the other offences listed in Section 11(1) and (2).
- Rule
- Fixed only
- As of
- Currency
- CZK
- Fixed cap
- 500,000
Who enforces it
Enforcement body
Council for Radio and Television Broadcasting (Rada pro rozhlasové a televizní vysílání), which supervises the protection measures under Sections 7 and 8 and hears the offences under Section 11.
What this law does
Section 7(1)(b) requires a provider of a video-sharing platform service to adopt measures that protect the general public from programmes, user-created videos and commercial communications containing incitement to violence or hatred against a group of persons or a member of a group on grounds such as sex, race, ethnic or social origin, language, religion, political opinion, disability, age or sexual orientation.
Section 7(1)(c) requires measures that protect the general public from content whose dissemination is a criminal offence, in particular public incitement to commit a terrorist offence, child pornography offences and offences connected with racism and xenophobia. Section 8(2) requires the measures to be feasible and proportionate to the scope and nature of the service, and they may not lead to filtering of uploaded content or to prior checks.
Section 8(3)(d) lists, among the measures to be taken where appropriate, transparent and user-friendly mechanisms that let platform users report or flag to the provider content of the kind in Section 7(1) provided on its platform. Section 8(3)(e) adds systems through which the provider tells users how their report or flag was handled without undue delay and no later than 60 days after it was made.
Section 8(3)(i) adds transparent, easy-to-use and effective procedures for handling users' complaints about how the protection measures in points (d) to (h) are carried out, including information on settling the dispute out of court before the Czech Trade Inspection Authority. Section 13 gives this Act precedence over the Act on Certain Information Society Services where the two conflict.
Section 11(3) and (4)(c) make it an offence for a provider not to introduce the appropriate protection measures under Section 8(1) to (3), punishable by a fine of up to CZK 500,000. Section 5 makes the Council for Radio and Television Broadcasting (Rada pro rozhlasové a televizní vysílání) the supervisory body for the preparation and application of the protection measures under Sections 7 and 8.
When LexLint raises it
When your app profile says your app operates a social platform.