Law / Czech Republic

Act on audiovisual media services on demand, accessibility of on-demand programmes for people with hearing and visual impairment, action plans and evaluation

Zákon č. 132/2010 Sb., o audiovizuálních mediálních službách na vyžádání, § 6b

In force since .

An accessibility requirements rule binding public and private bodies.

What it requires

  • If you provide an audiovisual media service on demand, where it is appropriate supply open or hidden subtitles or Czech Sign Language interpretation for people with hearing impairment and audio description for people with visual impairment where you have them, or otherwise ensure that some programmes in the service are accessible to those people (s. 6b(1)).
  • After consulting the organisations in the Czech Republic that bring together people with hearing impairment and people with visual impairment, prepare an Action Plan for each evaluation period by which you commit, through appropriate measures, to raise the total share of programmes made accessible to those people over the immediately preceding period; if you provide more than one service, prepare it by service and by year from 1 July to 30 June, and submit a new plan to the Council by 30 June of the year in which the previous period ends (s. 6b(2)).
  • Submit to the Council, by 30 September of the year in which the evaluation period ended, an evaluation of the plan (s. 6b(3)).
  • The duties in section 6b(1) and (2) do not apply to programmes that by their nature cannot or need not be made accessible, in particular music programmes, programmes promoting your own service, and programmes made only of graphics or teletext without spoken word (s. 6b(4)).
  • Correct a breach the Council notifies within the period it sets; if you do, the Council opens no offence proceedings (s. 11(1) to (3)).

These lines are LexLint's reading of the law's text.

If you get it wrong

Penalty structure

Section 12(2) caps the fine at 1,000,000 koruna for an offence under section 12(1)(b), which covers failing to meet the duties in section 6b(1), (2) or (3), and at other amounts for the other offences in section 12(1). The Council for Radio and Television Broadcasting hears the offence (section 13(1)). Where a breach is corrected within the period the Council sets after its notice, the Council opens no offence proceedings (section 11(3)).

Rule
Fixed only
As of
Currency
CZK
Fixed cap
1,000,000

Who enforces it

Enforcement body

The Council for Radio and Television Broadcasting (Rada pro rozhlasové a televizní vysílání), which hears offences under section 13(1) of the Act

What it reaches

Instrument type

an act of a legislature

Applicability criteria

As of
Combinator
All of
Criteria
a provider of an audiovisual media service on demand (poskytovatel audiovizuální mediální služby na vyžádání), for programmes other than those excluded by section 6b(4)

What this law does

Drafted with AI

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Research summary

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Section 6b(1) of the Act on audiovisual media services on demand requires a provider, where it is appropriate, to supply open or hidden subtitles or Czech Sign Language interpretation for people with hearing impairment and audio description for people with visual impairment where it has them, or otherwise to ensure that some programmes are accessible to those people.

Section 6b(2) requires the provider, after consulting the organisations of people with hearing impairment and people with visual impairment, to prepare for each evaluation period an Action Plan by which it commits to raise the total share of accessible programmes over the previous period through appropriate measures, and to submit a new plan to the Council by 30 June of the year in which the previous period ends.

Section 6b(2) requires a provider of more than one on-demand service to prepare the plan by service and by year from 1 July to 30 June. Section 6b(3) requires the provider to submit to the Council by 30 September of the year in which the evaluation period ended an evaluation of the plan.

Section 6b(4) takes out of the duties in section 6b(1) and (2) programmes that by their nature cannot or need not be made accessible, in particular music programmes, programmes promoting the provider's own service, and programmes made only of graphics or teletext without spoken word. Act 242/2022 inserted sections 6a and 6b into the Act. Act 242/2022 took effect on the fifteenth day after its promulgation.

A transitional provision of Act 242/2022 required a provider to submit to the Council by an Action Plan for the shortened period from to , with its evaluation due by . A transitional provision of Act 242/2022 makes the first Action Plan under section 6b(2) follow on from the plan for the shortened period. Section 12(1)(b) makes it an offence to fail to meet the duties in section 6b(1), (2) or (3).

Section 12(2) sets the fine for an offence under section 12(1)(b) at up to 1,000,000 koruna. Section 13(1) gives the proceedings on offences under the Act to the Council for Radio and Television Broadcasting. Section 11(1) to (3) provides that the Council first notifies a provider of a breach and sets a period to correct it, and opens no offence proceedings if the provider corrects the breach in time.

Section 5(2)(b) of the Act on the operation of radio and television broadcasting makes the Council the publicly accessible online contact point for information and complaints about making television programmes accessible to people with hearing or visual impairment.

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