SlovakiaMedia Services Act: accessibility duties of providers of multimodal access services (programme guides, applications and players for television and on-demand services)
§§ 60a 60b, 145a a 242a zákona č. 264/2022 Z. z. o mediálnych službách a o zmene a doplnení niektorých zákonov (zákon o mediálnych službách)
In force since .
An accessibility requirements rule binding public and private bodies.
What it requires
- If you provide a multimodal access service (a service giving access, over electronic communications networks, to a content service so that a programme service or on-demand audiovisual media service can be identified, selected, read about and watched, including electronic programme guides, websites, online applications, set-top-box applications, downloadable applications, mobile services and applications with their media players, and hybrid television services), provide an electronic programme guide that is perceivable, operable, understandable and robust and gives information on its availability and accessibility for deaf and blind persons (ss. 60a and 60b(1)(a); Directive (EU) 2019/882, Art. 2(2)(b)).
- Provide the multimodal access (subtitles, audio description, interpretation into Slovak sign language) in full, in adequate quality for an accurate display well synchronised with sound and picture, and let the user control its display and use (s. 60b(1)(b)).
- Prepare information on how the service meets those duties, with a general description in accessible formats, the explanations needed to understand how it works and a description of how it meets the requirements; make it public in written and audio form, accessible also to persons with disabilities, and keep it for as long as you provide the service (s. 60b(2) and (3)).
- The rights and duties of a service provider under Act 351/2022 also apply to you (s. 60b(4)).
- The duties do not apply to a provider that is a microenterprise (s. 60b(5), citing s. 2(3) of Act 351/2022; Directive (EU) 2019/882, Art. 4(5)).
- You may keep providing the service until with products you used before , and contracts concluded before may continue unchanged until they expire, but not beyond (s. 242a; Directive (EU) 2019/882, Art. 32(1)).
These lines are LexLint's reading of the law's text.
If you get it wrong
Penalty structure
Section 145a requires the regulator to fine a provider of a multimodal access service from 100 to 3,000 euro for failing to meet section 60b. Under section 140(1) the regulator imposes a fine if the person, despite a warning, repeatedly breached the same duty, a repeat being a breach less than three years after the earlier breach.
- Rule
- Fixed only
- As of
- Minimum
- 100
- Currency
- EUR
- Fixed cap
- 3,000
Who enforces it
Enforcement body
The Council for Media Services (Rada pre mediálne služby), the regulator under the Media Services Act
What it reaches
Instrument type
an act of a legislature
Applicability criteria
- As of
- Combinator
- All of
- Criteria
- a provider of a multimodal access service within section 60a
- not a microenterprise (section 60b(5): „Ustanovenia odsekov 1 až 4 sa nevzťahujú na poskytovateľa služby multimodálneho prístupu, ktorý je mikropodnikom.“), where footnote 32b refers to section 2(3) of Act 351/2022
What this law does
Article IX of Act 351/2022 amended the Media Services Act to add the rights and duties of a provider of a multimodal access service to its subject matter. Article X of Act 351/2022 sets as the commencement day of that amendment.
Section 60a defines a multimodal access service as a service giving access, over electronic communications networks, to a content service so that a programme service or on-demand audiovisual media service can be identified, selected, read about and watched, including electronic programme guides, websites, online applications, set-top-box applications, downloadable applications, mobile services and applications with their media players, and hybrid television services.
Section 60b(1) obliges the provider to ensure an electronic programme guide that is perceivable, operable, understandable and robust and gives information on its availability and accessibility for deaf and blind persons, and to ensure that multimodal access is provided in full, in adequate quality, well synchronised with sound and picture, with display and use that the user can control.
Section 60b(2) and (3) oblige the provider to prepare information on how the service meets those duties and to make it public in written and audio form, accessible also to persons with disabilities, and to keep it for as long as the service is provided. Section 60b(4) applies to the provider the rights and duties of a service provider under Act 351/2022. Section 60b(5) exempts a provider that is a microenterprise, by reference to section 2(3) of Act 351/2022.
Section 242a lets the provider keep providing the service until with products it used before , and lets contracts concluded before continue unchanged until they expire, but not beyond .
Section 145a requires the regulator to fine a provider of a multimodal access service from 100 to 3,000 euro for failing to meet section 60b. Section 140(1) has the regulator impose a fine if the person, despite a warning, repeatedly breached the same duty, a repeat being a breach less than three years after the earlier breach of that duty. Section 1(1)(e) names the Council for Media Services (Rada pre mediálne služby) as the regulator.
When LexLint raises it
When your app profile says your app ships a consumer interface or ships a mobile app.
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