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The Radio and Television Commission of Lithuania (the “RTCL”) is an independent body accountable to the Seimas and responsible for the regulation and oversight of the activities of radio and/or television broadcasters and providers of on-demand audiovisual media services falling under the jurisdiction of the Republic of Lithuania as well as the oversight of the activities of re-broadcasters operating in Lithuania and of the persons disseminating television programmes and/or individual programmes via the Internet. The RTCL participates in the national audiovisual policy-making. It acts as an expert of the Seimas and the Government on all matters related to radio and television broadcasting and re-broadcasting, dissemination of television programmes and/or individual programmes via the Internet, and provision of on-demand audiovisual media services. In the process of performing its functions and taking decisions within its competence, the RTCL is independent from other influences.

Updated: 2020-06-29

Paragraph 4 of Article 47 of the Law on Provision of Information to the Public sets out that the Radio and Television Commission of Lithuania is made up of 11 members: two members are appointed by the President of the Republic, three members (one from the opposition political groups) by the Seimas on proposal by the Committee on Culture, three members by the Lithuanian Association of Artists, one member by the Catholic Bishops’ Conference of Lithuania, one by the Lithuanian Union of Journalists, and one by the Lithuanian Society of Journalists.

Only a Lithuanian national of impeccable reputation may serve as a member of the RTCL. A member is also required to hold a university degree and have at least 5 years of work experience in the field of audiovisual policy, public information production and dissemination, professional or academic experience in the field of public information, education, culture, science or human rights. Members of the RTCL are subject to the same criteria as those that apply to civil servants under the Law on Civil Service of the Republic of Lithuania and define the cases when an individual is not considered to be of impeccable reputation. An individual may not serve as a member of the RTCL if they were a member of any management body of an undertaking or organisation operating in a regulated sector and it has been less than a year since the end of their service, and/or may have an interest in these undertakings or organisations. Members of the RTCL are appointed for a term of four years and can serve as members for a maximum of two consecutive terms.

As per paragraph 9 of Article 47 of the Law on Provision of Information to the Public, members of the Seimas, the Government, members of the Council of the National Radio and Television of Lithuania, civil servants of political (personal) confidence, persons linked with broadcasters and re-broadcasters of radio and/or television programmes, other persons providing users of the Republic of Lithuania with the services of dissemination of television programmes and/or individual programmes via the Internet or providers of on-demand audiovisual media services through employment, copyright or other contractual relationship, also interest holders in radio and/or television broadcasters and re-broadcasters, other service providers disseminating television programmes and/or individual programmes via the Internet and providers of on-demand audiovisual media services and heads of the institutions and organisations appointing them as well as staff of the RTCL’s administration may not serve as members of the Radio and Television Commission of Lithuania. The chairman and the deputy chairman of the RTCL may not work in business, commercial and other agencies, enterprises or organisations, may not receive any other remuneration except earnings fixed according to the position held and remuneration for research, pedagogical work as well as remuneration for creative activities not related to broadcasters and re-broadcasters of radio and/or television programmes, other persons providing users of the Republic of Lithuania with the services of dissemination of television programmes and/or individual programmes via the Internet or providers of on-demand audiovisual media services and/or their participants.

No individual may be a member of the RTCL if their close persons, as they are defined in the Law on the Adjustment of Public and Private Interests in Civil Service, are connected to radio and/or television broadcasters, re-broadcasters, other persons engaged in the dissemination of television programmes and/or individual programmes via the Internet to Lithuanian users and provision of on-demand audiovisual media services through employment, copyright or other contractual relationship and are participants in radio and/or television broadcasters, re-broadcasters, other persons engaged in the dissemination of television programmes and/or individual programmes via the Internet to Lithuanian users and providers of on-demand audiovisual media services. Members of political parties are required to suspend their party membership, if appointed to the RTCL, and activism in the party until the end of their term of office in the RTCL.

Updated: 2020-09-04

The RTCL may take decisions in its meetings or conference meetings. Paragraph 13 of Article 47 of the Law on Provision of Information to the Public stipulates that decisions of the RTCL are taken by an open, simple majority vote of all the members of the RTCL with the exception of the decisions listed below which shall require at least 2/3 majority vote of all the members to pass:

  • Decisions to issue or deny a licence
  • Decisions to impose sanctions provided for in the Code of Administrative Misdemeanours and the Law on Provision of Information to the Public
  • Decisions regarding the terms and conditions and results of competitions
  • Decisions to suspend or cancel a licence
Updated: 2020-06-29

Paragraph 11 of Article 47 of the Law on Provision of Information to the Public stipulates that meetings are called by the chairman of the RTCL no less than once a month at their own initiative, or if a meeting is requested by at least 1/3 of the members of the RTCL. All meetings of the RTCL are open to the public meaning that any person concerned may attend the meeting. A meeting may be held behind closed doors if decided so by at least 2/3 of the members attending the meeting where there is a need to protect the privacy or property of an individual, also in cases where a public meeting would risk disclosing state, professional or commercial secrets.

Updated: 2020-06-29

As per paragraph 15 of Article 47 of the Law on Provision of Information to the Public, all operations of the RTCL are supported by the administration of the RTCL. The chairman of the RTCL also serves as the head of administration. The chairman manages operations in accordance with the Regulations of the RTCL. The RTCL transacts its business by way of meetings and conference meetings.

Updated: 2020-06-29

The process of holding meetings and conference meetings is defined in the Rules of Procedure of the RTCL (the “Rules of Procedure”). Clause 61 of the said Rules of Procedure stipulates that the chairman may call conference meetings at a frequency the chairman sees fit depending on the number of matters to address, the relevancy and importance of these matters. Clause 93 of the Rules of Procedure also stipulates that members of the RTCL may take decisions of a general nature at a conference meeting, save for the decisions listed in paragraph 13 of Article 47 of the Law on Provision of Information to the Public which can only be taken at a meeting of the RTCL. Decisions at conference meetings are taken by an open, simple majority vote of all the members of the RTCL. It is important to mention that conference meetings are closed to the public unless the RTCL decides otherwise. Hence, at discretion of the chairman and having regard to the number, relevancy and importance of the matters to be discussed, a conference meeting may take all decisions, except for the ones listed below which require at least 2/3 of the votes by the members attending a meeting of the RTCL:

  • Decisions to issue or deny a licence
  • Decisions to impose sanctions provided for in the Code of Administrative Misdemeanours and the Law on Provision of Information to the Public
  • Decisions regarding the terms and conditions and results of competitions
  • Decisions to suspend or cancel a licence
Updated: 2020-06-29

The following activities of radio and/or television broadcasting in Lithuania require a licence:

1. Radio and television broadcasting over a terrestrial radio station or a network of terrestrial radio stations

2. Television broadcasting over a terrestrial TV station or a network of terrestrial TV stations

3. Television broadcasting over the cable TV networks

4. Television broadcasting over the Multichannel Multipoint Distribution Service (MMDS) networks

5. Television broadcasting over the electronic communications networks the main purpose of which is not radio and/or television broadcasting and/or programme broadcasting and/or re-broadcasting with the exception of television broadcasting over the mass media (Internet websites, pages)

6. Television broadcasting over a man-made Earth satellite

Updated: 2020-06-29

Broadcasting licences may only be issued to legal entities, legal entities and organisations with no legal personality status established in the European Economic Area, also branches of these legal entities and organisations with no legal personality status established in Lithuania and other countries of the European Economic Area, unless the circumstances laid down in the Law on Provision of Information to the Public exist, in which case the RTCL has to deny the broadcasting licence.

Updated: 2020-06-29

Persons may engage in the licensed activities of radio and television broadcasting in Lithuania only as provided for in the Law on Provision of Information to the Public and the Rules for the licensing of broadcasting activities and re-broadcast content approved by Order No ĮV-281 of 1 April 2011 of the Minister of Culture of the Republic of Lithuania where the appropriate licence has been obtained. Broadcasting licences are issued for an indefinite period of time, and licence terms and conditions are public. Broadcasting licences are issued by the RTCL in accordance with the provisions of the Law on Provision of Information to the Public and the Rules for the licensing of broadcasting activities and re-broadcast content. Broadcasting licences are issued by way of a competition except in the following cases where a broadcasting licence is issued without a competition:

  • to research and study institutions or educational establishments for the purpose of broadcasting educational and culture-focused radio and television programmes over the terrestrial radio and/or television stations up to 20W power;
  • for television broadcasting over the cable TV networks;
  • for television broadcasting over the electronic communications networks the main purpose of which is not radio and/or television programme and/or programme broadcasting and/or re-broadcasting;
  • for television broadcasting over a man-made Earth satellite (satellites);
  • in other cases set forth in the Plan for the assignment of radio frequencies for the broadcasting and transmission of radio and television programmes.

 

The RTCL announces licence competitions:

  • when the Communications Regulatory Authority of the Republic of Lithuania provides the RTCL with information about the coordinated radio frequencies (channels) in the Plan for the assignment of radio frequencies for the broadcasting and transmission of radio and television programmes together with the main conditions of operating the electronic communications networks required for the purpose of issuing broadcasting and re-broadcast content licences;
  • at RTCL’s discretion, or where requested by the stakeholders, when radio and television broadcasting does not require any of the radio frequencies (channels) specified in the Plan

 

Decisions of the RTCL relating to competitions are public and available on the RTCL’s website at https://www.rtk.lt/lt/atviri-duomenys/konkursai.

Updated: 2020-06-29

Persons wishing to obtain a broadcasting licence have to submit an application to the RTCL. The model application and the requirements that apply to its submission are defined in the Rules for the licensing of broadcasting activities and re-broadcast content.

Updated: 2020-06-29

The issuance of, modifications to or specifications of a broadcasting licence are subject to a state fee payable to the national budget in the amount specified in the List of specific state fees approved by Resolution No 1458 of 15 December 2000 of the Government of the Republic of Lithuania On the approval of the List of specific state fees and payment and refunding of state fees.

 

Clause 3.151 of the List of specific state fees specifies the following state fees:

  • Broadcasting licence issuance by way of a competition – €521
  • Broadcasting licence issuance without a competition – €144
  • Broadcasting licence modifications, specifications – €28

The appropriate state fee for the issuance of a broadcasting licence has to be paid to the national budget by the winner of the competition only, or the person who was issued the licence without a competition. The state fee is payable to the national budget by transferring the funds into the dedicated bank account of the State Tax Inspectorate with a payment numeric reference 5710 (for the services provided by other institutions included in the national budget).

Having paid the appropriate state fee, the radio and/or television broadcaster has to produce a document to the RTCL confirming payment.

All radio and/or television broadcasters that generate revenue from the broadcasting of radio and/or television programmes are required to pay a fee equal to 0.8% on their revenue from audiovisual commercial communications, advertising, subscription fee and other activities related to the broadcasting of radio and/or television programmes to finance the activities of the RTCL. This fee is payable to the account No LT32 7044 0600 0798 2622 of the RTCL acting as a budgetary establishment. Radio and television broadcasters are required to pay an annual fee for the activities of radio and/or television broadcasting (the “Annual Fee”) to finance the activities of the Association of Ethics in the Provision of Information to the Public. The procedure for setting and paying the Annual Fee is defined in the Descriptor of the procedure for setting the annual fee for radio and/or television broadcasting, re-broadcasting, dissemination via the Internet and on-demand audiovisual media services approved by Order No ĮV-318 of 21 April 2011 of the Minister of Culture.

Updated: 2020-08-18

A licence holder must report the expected cessation of the licensed radio and/or television broadcasting activities to the RTCL at least 30 days before the effective day of cessation. A licence holder may, where consent from the RTCL has been received, suspend the licensed activities of radio and/or television broadcasting on a temporary basis but in any event for a period not exceeding 3 months.

Updated: 2020-06-29

The procedure of modifying the terms and conditions of a broadcasting or re-broadcast content licence is laid down in the Descriptor of the procedure for modifying the terms and conditions of broadcasting and re-broadcast content licences approved by Decision No KS-101 of 18 May 2016 of the RTCL.

A broadcasting licence holder who wishes to have the terms and conditions of their licence modified has to submit a reasoned application to the RTCL specifying the following information:

1. the number of the licence concerned;

2. the reasons requiring modifications to the terms and conditions;

3. the specific terms and conditions covered by the request for modifications;

4. the terms and conditions to replace the existing terms and conditions of the licence. If the licence holder asks for modifications to the structure and contents of a radio or television programme, the licence holder shall also be required to produce the following:

4.1. in the case of a national radio or television broadcaster—details of a sociological (representative) survey done on radio or television audiences; in the case of a regional broadcaster or local radio and/or regional programme broadcaster—details of sociological surveys done by the broadcaster or other persons, and/or other data about the audience of the radio programme or television programme;

4.2. an impact assessment done by the broadcaster or other persons as to how changes in the structure and contents of the radio or television programme will affect the listeners of the radio programme or viewers of the television programme.

5. A reasoned application for modifications to the terms and conditions of the licence has to be accompanied by the documents (if any) supporting the reasons for modifications to the terms and conditions of the licence (for example, business plan, audited balance sheet, contracts, etc.).

Updated: 2020-06-29

The conditions of the unlicensed activities of radio and/or television broadcasting are defined in the Law on Provision of Information to the Public, Rules for the licensing of broadcasting activities and re-broadcast content, Descriptor of the procedure for providing information about activities approved by Decision No KS-167 of 15 September 2015 of the RTCL. Persons may engage in the unlicensed activities of radio and/or television broadcasting in Lithuania only with prior notification of the RTCL subject to the terms and conditions of the Rules for the licensing of broadcasting activities and re-broadcast content.

The unlicensed activities of radio and/or television broadcasting in Lithuania may be pursued by legal entities, legal entities and organisations with no legal personality status established in the European Economic Area, also branches of these legal entities and organisations with no legal personality status established in Lithuania and other countries of the European Economic Area, unless the circumstances laid down in the Law on Provision of Information to the Public exist when the RTCL has to deny the right to engage in the unlicensed activities of radio and/or television broadcasting in Lithuania.

Updated: 2020-06-29

A person who wishes to notify of the start of the unlicensed broadcasting of a radio and/or television programme has to follow the requirements set out in the Descriptor of the procedure for providing information about activities (the “Descriptor”). Prior to the start of the unlicensed broadcasting of a radio and/or television programme, the person wishing to do so needs to produce to the RTCL a Notice of the start of the unlicensed broadcasting of a radio or television programme (Appendices 1 and 2 of the Descriptor), or electronically via the RTCL’s secure access online data provision information system (DPIS). A separate Notice must be provided for each of the radio and television programme intended to be broadcast. Any such Notice to the RTCL needs to accompanied by duly certified copies of the notifying person’s documents of incorporation (incorporation agreement (memorandum), articles of association (regulations), certificate of incorporation), or a copy of the identity document of the authorised person (where the notifying person is a natural person), also a completed copy of the Notifying Person’s Declaration specified in the Rules for the licensing of broadcasting activities and re-broadcast content. Notifying persons may start the unlicensed activities of radio and/or television broadcasting and/or re-broadcasting, the services of the dissemination of television programmes and/or individual programmes to Lithuanian users, or the provision of on-demand audiovisual media services the next day after the day of the notice to the RTCL, or on the day specified in the notice if the start date of their activities is later than the day of the notice delivered to the RTCL.

Updated: 2020-06-29

All radio and television broadcasters that generate revenue from the broadcasting of radio and/or television programmes are required to pay a fee equal to 0.8% on their revenue from audiovisual commercial communications, advertising, subscription fee and other activities related to the broadcasting of radio and/or television programmes to finance the activities of the RTCL. This fee is payable to the account No LT32 7044 0600 0798 2622 of the RTCL acting as a budgetary establishment.

Radio and television broadcasters are required to pay an annual fee for the activities of radio and/or television broadcasting (the “Annual Fee”) to finance the activities of the Association of Ethics in the Provision of Information to the Public. The procedure for setting and paying the Annual Fee is defined in the Descriptor of the procedure for setting the annual fee for radio and/or television broadcasting, re-broadcasting, dissemination via the Internet and on-demand audiovisual media services.

Updated: 2020-06-29

Persons must report all changes to the information provided in the notices of the start of the unlicensed broadcasting of a radio or television programme, appendices 7 and 8 of the Descriptor of the procedure for providing information about activities (the “Descriptor”) and/or via the secure access online data provision information system (DPIS) in writing to the RTCL (by completing only the appropriate clauses specified in Appendices 7 and 8 of the Descriptor) or via the DPIS (by modifying the appropriate information in the forms) no later than within 10 working days from the day of these changes.

Persons must report all changes to the details of a management body of the entity and their members and/or participants to the RTCL no later than within 10 working days from the effective date of these changes (by providing information specified in Appendices 16 and/or 17 of the Descriptor, or via the DPIS by completing the following forms: Operator’s participants (shareholders, stakeholders, etc.) and/or Operator’s management bodies and their members.

Persons must report all changes to the operator’s documents of incorporation, legal form, registered address and/or name, authorised representative and/or information about the authorised representative, mailing address, e-mail address, website address and telephone number to the RTCL no later than within 10 working days from the effective date of these changes and, where possible, shall do so via the DPIS, and produce copies of the amended documents to the RTCL.

Updated: 2020-06-29

Neither the provisions of the Law on Provision of Information to the Public relating to the regulation of the unlicensed activities of radio and/or television broadcasting nor of the Descriptor of the procedure for providing information about activities do provide for a possibility to suspend, on a temporary basis, the unlicensed activities of radio and/or television broadcasting and the validity of notices about unlicensed activities.

Updated: 2020-06-29

A person who wishes to terminate the unlicensed activities of radio, television broadcasting must notify the RTCL in writing of this intention (by completing the appropriate information in Appendices 7 and 8 of the Descriptor of the procedure for providing information about activities) or via the secure access online data provision information system (DPIS) maintained by the RTCL (by completing the appropriate clause of the form for the specific activity) and specify the effective day of cessation.

Updated: 2020-06-29

Re-broadcast content licences may only be issued to legal entities, legal entities and organisations with no legal personality status established in the European Economic Area, also branches of these legal entities and organisations with no legal personality status established in Lithuania and other countries of the European Economic Area, unless the circumstances laid down in the Law on Provision of Information to the Public exist when the RTCL has to deny the broadcasting or re-broadcast content licence.

Updated: 2020-06-29

The licensed activities of radio and/or television re-broadcasting in Lithuania using the radio frequencies (channels) specified in the Plan for the assignment of radio frequencies for the broadcasting and transmission of radio and television programmes (the “Plan”) may only be pursued where a re-broadcast content licence has been obtained as provided for in the Law on Provision of Information to the Public and the Rules for the licensing of broadcasting activities and re-broadcast content. Re-broadcast content licences are issued for an indefinite period of time. The terms and conditions of the re-broadcast content licences so issued are public. Re-broadcast content licences are issued by the RTCL in accordance with the Law on Provision of Information to the Public and the Rules for the licensing of broadcasting activities and re-broadcast content. Re-broadcast content licences are issued by way of a competition.

Updated: 2020-06-29

Persons who wish to obtain a re-broadcast content licence have to submit an application to the RTCL. The model application and the requirements for its submission are set out in the Rules for the licensing of broadcasting activities and re-broadcast content.

Updated: 2020-06-29

The issuance of, modifications to or specifications of a re-broadcast content licence are subject to a state fee payable to the national budget in the amount specified in the List of specific state fees approved by Resolution No 1458 of 15 December 2000 of the Government of the Republic of Lithuania On the approval of the List of specific state fees and payment and refunding of state fees.

 

Clause 3.151 of the List of specific state fees specifies the following state fees:

  • Re-broadcast content licence issuance by way of a competition – €521
  • Re-broadcast content licence issuance without a competition – €144
  • Re-broadcast content licence modifications, specifications – €28

The appropriate state fee for the issuance of a re-broadcast content licence has to be paid to the national budget by the winner of the competition only, or the person who was issued the licence without a competition. The state fee is payable to the national budget by transferring the funds into the dedicated account of the State Tax Inspectorate with a payment numeric reference 5710 (for the services provided by other institutions included in the national budget).

Having paid the appropriate state fee, the radio and/or television re-broadcaster has to produce a document to the RTCL confirming payment.

All radio and/or television re-broadcasters that generate revenue from the re-broadcasting of radio and/or television programmes are required to pay a fee equal to 0.8% on their revenue from audiovisual commercial communications, advertising, subscription fee and other activities related to the re-broadcasting of radio and/or television programmes to finance the activities of the RTCL. This fee is payable to the account No LT32 7044 0600 0798 2622 of the RTCL acting as a budgetary establishment.

Radio and television re-broadcasters are required to pay an annual fee for the activities of radio and/or television re-broadcasters (the “Annual Fee”) to finance the activities of the Association of Ethics in the Provision of Information to the Public. The procedure for setting and paying the Annual Fee is defined in the Descriptor of the procedure for setting the annual fee for radio and/or television broadcasting, re-broadcasting, dissemination via the Internet and on-demand audiovisual media services.

Updated: 2020-06-29

The procedure of modifying the terms and conditions of a re-broadcast content licence is laid down in the Descriptor of the procedure for modifying the terms and conditions of broadcasting and re-broadcast content licences. A re-broadcast content licence holder who wishes to have the terms and conditions of their licence modified has to submit a reasoned application to the RTCL specifying the following information:

1. the number of the licence concerned;

2. the clause or terms of the licence covered by the request for modifications;

3. the terms and conditions to replace the existing terms and conditions of the licence. If the licence holder asks to replace a television programme re-broadcast and specified in the licence, the licence holder must provide the following information about the television programme the re-broadcaster intends to re-broadcast and the replacement of the programme re-broadcast with another one:

3.1. name and nature of the television programme;

3.2. name of the broadcaster of the television programme;

3.3. the country of jurisdiction of the television programme broadcaster;

3.4. languages of broadcasting, source language and additional languages in which the television programme is to be re-broadcast (subtitled);

3.5. data (in a percentage or numeric format) reflecting the change in the balance of languages of the television programmes re-broadcast (classification of the television programmes re-broadcast into categories by language, i.e. programmes re-broadcast in an official EU language or non-EU language as provided for in paragraphs 5 and 6 of Article 34 of the Law on Provision of Information to the Public);

3.6. explanations as to the impact of modifications to the terms and conditions of the licence on the diversity of television genres being re-broadcast;

3.7. the duration of re-broadcasting of the television programme per day; if it is not intended to re-broadcast the television programme in question 24/7, an indication of the specific time frame of re-broadcasting needs to be provided (exact hours of the day);

3.8. information about whether the television programme is to re-broadcast based on conditional access.

Updated: 2020-06-29

The unlicensed activities of radio and/or television re-broadcasting in Lithuania may be pursued by legal entities, legal entities and organisations with no legal personality status established in the European Economic Area, also branches of these legal entities and organisations with no legal personality status established in Lithuania and other countries of the European Economic Area, unless the circumstances laid down in the Law on Provision of Information to the Public exist when the RTCL has to deny the right to engage in the unlicensed activities of radio and/or television broadcasting in Lithuania, dissemination of television programmes and/or individual programmes via the Internet or provision of on-demand audiovisual media services to Lithuanian users.

Updated: 2020-06-29

Any person who wishes to notify of the start of the unlicensed re-broadcasting of a radio and/or television programme has to follow the requirements set out in the Descriptor of the procedure for providing information about activities (the “Descriptor”). Prior to the start of the unlicensed re-broadcasting of a radio and/or television programme, the person who wishes to do so needs to produce to the RTCL a Notice of the start of the unlicensed re-broadcasting of radio or television programmes and/or individual programmes (Appendices 3 and 4 of the Descriptor), or electronically via the RTCL’s secure access online data provision information system (DPIS). Any such Notice to the RTCL needs to be accompanied by duly certified copies of the notifying person’s documents of incorporation (incorporation agreement (memorandum), articles of association (regulations), certificate of incorporation), or a copy of the identity document of the authorised person (where the notifying person is a natural person), also a completed copy of the Notifying Person’s Declaration specified in the Rules for the licensing of broadcasting activities and re-broadcast content.

Persons may attach to the Notice the following mandatory information about the radio and/or television programmes and/or individual programmes expected to be re-broadcast:

  • if the Notice is submitted in a paper-based format by completing Clause 1.8 in Appendix 3 of the Descriptor and Clause 1.10 in Appendix 4 of the Descriptor, or no later than within one month from the start of operations in Lithuania by submitting the information provided for in Appendices 13 and 14 of the Descriptor;
  • if the Notice is submitted via the DPIS by completing form clauses Details of the radio programmes re-broadcast, Details of the television programmes and/or individual programmes re-broadcast, or no later than within one month from the start of operations in Lithuania by completing the said clauses in the appropriate forms of the DPIS. The Notifying Person may start their unlicensed activities of radio and/or television programmes the next day from the day of submission of the Notice to the RTCL, or on the day specified in the Notice if this day is later than the day of the notice to the RTCL.
Updated: 2020-06-29

All radio and television re-broadcasters that generate revenue from the re-broadcasting of radio and/or television programmes are required to pay a fee equal to 0.8% on their revenue from audiovisual commercial communications, advertising, subscription fee and other activities related to the re-broadcasting of radio and/or television programmes to finance the activities of the RTCL. This fee is payable to the account LT32 7044 0600 0798 2622 of the RTCL acting as a budgetary establishment.

Radio and television re-broadcasters are required to pay an annual fee for the activities of radio and/or television re-broadcasting (the “Annual Fee”) to finance the activities of the Association of Ethics in the Provision of Information to the Public. The procedure for setting and paying the Annual Fee is defined in the Descriptor of the procedure for setting the annual fee for radio and/or television broadcasting, re-broadcasting, dissemination via the Internet and on-demand audiovisual media services.

Updated: 2020-06-29

Persons must report all changes to the information provided in the Notices, Appendices 9, 10, 13 and 14 of the Descriptor of the procedure for providing information about activities (the “Descriptor”) and/or via the secure access online data provision information system (DPIS) in writing to the RTCL (by completing only the appropriate clauses specified in Appendices 9, 10, 13 and 14) or via the DPIS (by modifying the appropriate information in the forms) no later than within 10 working days from the day of these changes.

Persons must report all changes to the details of a management body of the entity and their members and/or participants to the RTCL no later than within 10 working days from the effective date of these changes (by providing the information specified in Appendices 16 and/or 17 of the Descriptor, or via the DPIS by completing the following forms: Operator’s participants (shareholders, stakeholders, etc.) and/or Operator’s management bodies and their members. Persons must report to the RTCL in writing and, where possible, via the DPIS any changes to the operator’s documents of incorporation, legal form, registered address and/or name, authorised representative and/or information about the authorised representative, mailing address, e-mail address, website address and telephone number no later than within 10 working days from the effective date of these changes and produce copies of the amended documents to the RTCL.

Updated: 2020-06-29

Persons may attach to the Notice the following mandatory information about the radio and/or television programmes and/or individual programmes expected to be re-broadcast:

1. if the Notice is submitted in a paper-based format by completing Clause 1.8 in Appendix 3 of the Descriptor of the procedure for providing information about activities, Clause 1.10 in Appendix 4 of the Descriptor, or no later than within one month from the start of operations in Lithuania by submitting the information provided in Appendices 13 and 14 of the Descriptor;

2. if the Notice is submitted via the secure access online data provision information system (DPIS) by completing form clauses Details of the radio programmes re-broadcast, Details of the television programmes and/or individual programmes re-broadcast, or no later than within one month from the start of operations in Lithuania by completing the said clauses in the appropriate forms of the DPIS.

Updated: 2020-06-29

A person who wishes to terminate the unlicensed activities must notify the RTCL in writing of this intention (by completing the appropriate information in Appendices 9 and 10 of the Descriptor of the procedure for providing information about activities) or via the secure access online data provision information system (DPIS) (by completing the appropriate clause of the form for the specific activity) and specify the date of cessation.

Updated: 2020-06-29

The procedure of providing the services of dissemination of television programmes and/or individual programmes is set out in Article 33 of the Law on Provision of Information to the Public and the Rules for the licensing of broadcasting activities and re-broadcast content. The main requirements that apply to a person who wishes to provide the services of dissemination of television programmes and/or individual programmes via the Internet are as follows:

1. as stipulated in paragraph 1 of Article 33 of the Law on the Provision of Information to the Public, any person who wishes to engage in the unlicensed activities that comprise the dissemination of television programmes and/or individual programmes via the Internet must notify the RTCL of these activities as required under the Rules for the licensing of broadcasting activities and re-broadcast content;

2. as stipulated in paragraph 2 of Article 33 of the Law on Provision of Information to the Public, a person who wishes to engage in the unlicensed activities that comprise the dissemination of television programmes and/or individual programmes via the Internet must provide a declaration of their compliance with the requirements under points 1 to 5 of paragraph 2 of Article 33 of the Law on Provision of Information to the Public;

3. as stipulated in paragraph 2 of the Article 22 of the Law on Provision of Information to the Public and Clause 59 of the Rules for the licensing of broadcasting activities and re-broadcast content, the activities of the dissemination of television programmes and/or individual programmes via the Internet in Lithuania may only be pursued by legal entities, legal entities and organisations with no legal personality status established in the European Economic Area, also branches of these legal entities and organisations with no legal personality status established in Lithuania and other countries of the European Economic Area. Please note that there is no possibility for natural persons to engage in the dissemination of television programmes and/or individual programmes via the Internet.

 

Updated: 2020-06-29

Before engaging in any activities of the dissemination of television programmes and/or individual programmes via the Internet a person who wishes to do so has to notify the RTCL of the start of these operations. The main requirements and rules on how to submit the appropriate notice are set forth in the Rules for the licensing of broadcasting activities and re-broadcast content and the Descriptor of the procedure for providing information about activities.

Clause 6 of the Descriptor of the procedure for providing information about activities specifies that information may be provided to the RTCL in writing by completing the appropriate appendix of the Descriptor of the procedure for providing information about activities, or via the secure access online data provision information system (DPIS) maintained by the RTCL. Therefore, on a case by case basis, a person who wishes to engage in the dissemination of television programmes and/or individual programmes via the Internet must submit the Notice using one of the following methods:

  • in writing by completing Appendix 5 of the Descriptor (Notice of the start of the unlicensed activities of the dissemination of television programmes and/or individual programmes via the Internet to Lithuanian users) and produce the original copy of this notice to the RTCL in person or by mail at the following address: Šeimyniškių g. 3A, LT-09312 Vilnius, or e-mail a scanned copy of the original document to lrtk@rtk.lt, or
  • electronically by filling out the appropriate forms on the DPIS.

Any such Notice to the RTCL needs to be accompanied by duly certified copies of the notifying person’s documents of incorporation (incorporation agreement (memorandum), articles of association (regulations), certificate of incorporation), or a copy of the identity document of the authorised person (where the notifying person is a natural person), also a completed copy of the Notifying Person’s Declaration specified in the Rules for the licensing of broadcasting activities and re-broadcast content.

Also, the notifying person must also provide to the RTCL all information about the programmes to be disseminated or disseminated and shall do so within one mother from the start of operations at the latest.

Please note that the activities of the dissemination of television programmes and/or individual programmes via the Internet to Lithuanian users may be started the next day after the day of the notice to the RTCL, or on the day specified in the notice if the start date of these activities is later than the day of the notice to the RTCL.

Updated: 2020-06-29

As per paragraph 16 of Article 47 of the Law on Provision of Information to the Public, all persons engaged in the dissemination of television programmes and/or individual programmes via the Internet to Lithuanian users that generate revenue from audiovisual commercial communications, advertising, subscription fee and other activities related to the dissemination of programmes via the Internet to finance the activities of the RTCL. This fee is payable to the account No LT32 7044 0600 0798 2622 maintained by the RTCL.

Persons engaged in the dissemination of television programmes and/or individual programmes via the Internet to Lithuanian users are required to pay an annual fee for these activities (the “Annual Fee”) to finance the activities of the Association of Ethics in the Provision of Information to the Public. The procedure for setting and paying the Annual Fee is defined in the Descriptor of the procedure for setting the annual fee for radio and/or television broadcasting, re-broadcasting, dissemination via the Internet and on-demand audiovisual media services.

Updated: 2020-06-29

Clauses 66 and 67 of the Rules for the licensing of broadcasting activities and re-broadcast content stipulate that in the event of changes to the information in the notice or to the information about the television programmes and/or individual programmes disseminated via the Internet it shall be mandatory to notify the RTCL of these changes promptly in writing or electronically and in any event no later than within 10 working days from the effective date of the changes. It shall also be mandatory to notify the RTCL of any changes to the operator’s documents of incorporation, mailing address and telephone numbers promptly and in any event no later than within 10 working days from the effective date of the changes, and to produce copies of the amended documents and/or updated Notifying Person’s Declaration set out in the Rules for the licensing of broadcasting activities and re-broadcast content.

Updated: 2020-06-29

As stipulated in Clause 63 of the Rules for the licensing of broadcasting activities and re-broadcast content, it shall be mandatory to provide information to the RTCL about the television programmes and/or individual programmes intended to be disseminated via the Internet. Clause 9 of the Descriptor of the procedure for providing information about activities specifies that this information may be provided using one of the following methods:

  • together with the notice of the start of operations: where the notice is provided in writing, Clause 1.10 of Appendix 5 of the Descriptor of the procedure for providing information about activities (Notice of the start of the unlicensed activities of the dissemination of television programmes and/or individual programmes via the Internet to Lithuanian users); where the notice is provided via the secure access online data provision information system (DPIS) maintained by the RTCL, the following clauses of the DPIS’s forms have to be completed: Details about the television programmes and/or individual programmes disseminated, or
  • in writing no later than within one month from the start of operations in Lithuania by completing Appendix 15 of the Descriptor of the procedure for providing information about broadcasting activities (Details about the television programmes and/or individual programmes disseminated) and produce the original copy to the RTCL in person or by mail at the following address: Šeimyniškių g. 3A, LT-09312 Vilnius, or e-mail a scanned copy of the original document to lrtk@rtk.lt, or electronically via the DPIS no later than within one month from the start of operations in Lithuania by completing the following clauses of the DPIS’s forms: Details about the television programmes and/or individual programmes disseminated.
Updated: 2020-06-29

As per Clause 14 of the Descriptor of the procedure for providing information about activities, a person who wishes to terminate the unlicensed activities must notify the RTCL in writing of this intention  by completing the appropriate information specified in appendices of the Descriptor of the procedure for providing information about activities or via the secure access online data provision information system (DPIS) maintained by the RTCL.

On a case by case basis, a person who wishes to terminate the activities of the dissemination of television programmes and/or individual programmes via the Internet may notify the RTCL using one of the following methods:

  • in writing by completing Appendix 11 of the Descriptor of the procedure for providing information about activities (Details of the services of the dissemination of television programmes and/or individual programmes via the Internet) specifying the day of cessation and produce the original copy of the form so completed to the RTCL in person or by mail at the following address: Šeimyniškių g. 3A, LT-09312 Vilnius, or e-mail a scanned copy of the original document to lrtk@rtk.lt, or
  • electronically by filling out the appropriate clause of the DPIS’s form specifying the day of cessation.
Updated: 2020-06-29

In the event that the RTCL ascertains the fact of an operator pursuing the unlicensed activities with no prior notification of the RTCL as required under the Law on Provision of Information to the Public, the RTCL may file a petition with Vilnius Regional Administrative Court asking the court to order the cessation of the activities of broadcasting, re-broadcasting, dissemination of television programmes and/or individual programmes via the Internet and on-demand audiovisual media services as well any other illegal activities as provided for in paragraph 5 of Article 48 of the Law on Provision of Information to the Public.

The RTCL has the powers to issue mandatory orders to hosting service providers instructing them to remove, as soon as possible, all information stored by the hosting service provider and used to engage in the activities the RTCL was not notified of, or eliminate the possibility to access this information; or issue mandatory orders to network service providers instructing them to remove the possibility to access the information that is used to engage in the activities the RTCL was not notified of as required by law using the methods specified in paragraphs 6 and 7 of Article 48 of the Law on Provision of Information to the Public.

Article 475 of the Code of Administrative Misdemeanours of the Republic of Lithuania stipulates that the provision of the services of dissemination of television programmes and/or individual programmes via the Internet with no prior notice to the RTCL of the start of operations or of the start of services is punishable by a warning or a penalty to a natural person or the head of the service provider disseminating television programmes and/or individual programmes via the Internet, or some other responsible person, in the amount varying from one hundred forty to six hundred euros.

Updated: 2020-06-29

The Law on Provision of Information to the Public defines an on-demand audiovisual media service as an audiovisual media service provided by a media service provider for the viewing of programmes at the moment chosen by the user and at their individual request on the basis of a catalogue selected by the audiovisual media service provider (paragraph 77 of Article 2 of the Law on Provision of Information to the Public).

The qualification of on-demand audiovisual media services is individual and should be done on a case by case basis. When determining whether on-demand audiovisual media services are being provided in a particular case, the following aspects need to be ascertained:

1. whether the audiovisual content (video clips) available to the users can be qualified as a programme. A programme is understood as a set of sounds or moving images with or without sound independent in terms of content and structure usually constituting an individual item within an established programme schedule or catalogue and whose form and content correspond to the form and content of radio and/or television programmes (feature-length films, sports or other events, situation comedies, documentaries, children’s programmes, original drama, announcements, audiovisual commercial communications, talk shows, news programmes, etc.) (paragraph 47 of Article 2 of the Law on Provision of Information to the Public);

2. whether the user may choose and watch the programmes on the service provider’s catalogue at any time they want. A catalogue is understood as a list of programmes on offer drawn up by a provider of on-demand audiovisual media services (paragraph 26 of Article 2 of the Law on Provision of Information to the Public). Therefore, there has to be a certain catalogue for the user to choose the position they are interest in. The existence of a catalogue alone, however, cannot be interpreted as the service provided being an on-demand audiovisual media service as it has been defined above;

3. the criterion of the main purpose which defines that an on-demand service is a service the main purpose of which is to transmit visual content to the general public for its information, entertainment and educational needs.

 

The typical examples of on-demand audiovisual media services could be services available on the following websites: www.lnk.lt, www.tvplaypremium.lt, https://www.lrt.lt/mediateka, where users have the possibility to watch the specific programmes they wish and at the time they wish to do so.

Personal blogs and video blogs and services that comprise the release and dissemination of user-created audiovisual content intended for sharing and information exchange within the communities that share the same interests (e.g., an online forum of a homeowners’ association) do not qualify as on-demand audiovisual media services. The on-demand audiovisual media services’ category also does not include video sharing platforms, such as YouTube, Vimeo, Facebook, etc. Practically, there will often be situations where a website includes a list of programmes which would seemingly meet the criteria of a catalogue but the programmes themselves would be hosted on a video sharing platform, most often YouTube, i.e. users who want to watch a particular programme are redirected to the appropriate film on YouTube. These services do not constitute on-demand services and the operator of the website which only provides links to content on YouTube is not considered to be a provider of on-demand services.

Another category of services that do not qualify as on-demand services is electronic versions of newspapers where video content is used to illustrate the articles published. It should be noted, however, that if the electronic version of a newspaper has an entire section of video clips which, taken as a whole, satisfies the criteria of an on-demand service, then the operator of this website is considered to be a provider of on-demand services and the services provided as on-demand services. News portals which have a separate section of video clips as a rule are always considered to be on-demand services. The typical examples of news portals which provide on-demand services would be Delfi which makes its archive of programmes available to users at https://www.delfi.lt/video/laidos/, and 15min which makes its archive of programmes available to users at https://www.15min.lt/video.

Ultimately, it is important to note that the compensation criterion is not important when identifying whether the services provided are on-demand services, i.e. on-demand services may be provided both for a fee and free of charge.

Updated: 2020-09-04

The procedure of how an operator can engage in the provision of on-demand audiovisual media services is set out in Article 33 of the Law on Provision of Information to the Public and in the Rules for the licensing of broadcasting activities and re-broadcast content. The following main requirements can be pointed out which apply to a person who wishes to engage in the provision of on-demand audiovisual media services:

  • as per paragraph 1 of Article 33 of the Law on Provision of Information to the Public, a person who wishes to engage in the unlicensed activities that include the provision of on-demand audiovisual media services must provide prior notice to the RTCL as required under the Rules for the licensing of broadcasting activities and re-broadcast content;
  • as per paragraph 2 of Article 33 of the Law on Provision of Information to the Public, a person who wishes to engage in the unlicensed activities that include the provision of on-demand audiovisual media services must provide a declaration that the person has satisfied all of the requirements set forth in point 1 to 5 of paragraph 2 of Article 33 of the Law on Provision of Information to the Public;
  • as per clause 59 of the Rules for the licensing of broadcasting activities and re-broadcast content, the activities of on-demand audiovisual media services in Lithuania may only be pursued by legal entities, legal entities and organisations with no legal personality status established in the European Economic Area and branches of these legal entities and organisations with no legal personality status established in Lithuania and other countries of the European Economic Area. Please note that there is no possibility for natural persons to engage in the provision of on-demand audiovisual media services.
Updated: 2020-06-29

Before engaging in the provision of on-demand audiovisual media services a person who wishes to do so has to notify the RTCL of the start of the provision of on-demand audiovisual media services. The main requirements and rules on how to submit the appropriate notice are set forth in the Rules for the licensing of broadcasting activities and re-broadcast content and the Descriptor of the procedure for providing information about activities.

Clause 6 of the Descriptor of the procedure for providing information about activities specifies that information may be provided to the RTCL in writing by completing Appendix 6 of the Descriptor of the procedure for providing information about activities, or via the secure access online data provision information system (DPIS) maintained by the RTCL. Therefore, on a case by case basis, a person who wishes to engage in the provision of on-demand audiovisual media services must submit the Notice using one of the following methods:

  • in writing by completing Appendix 6 of the Descriptor of the procedure for providing information about activities (Notice of the start of the unlicensed activities of the provision of on-demand audiovisual media services to Lithuanian users) and produce the original copy of this notice to the RTCL in person or by mail at the following address: Šeimyniškių g. 3A, LT-09312 Vilnius, or e-mail a scanned copy of the original document to lrtk@rtk.lt, or
  • electronically by filling out the appropriate forms on the DPIS.

 

Any such Notice to the RTCL needs to be accompanied by duly certified copies of the notifying person’s documents of incorporation (incorporation agreement (memorandum), articles of association (regulations), certificate of incorporation), or a copy of the identity document of the authorised person (where the notifying person is a natural person), also a completed copy of the Notifying Person’s Declaration specified in the Rules for the licensing of broadcasting activities and re-broadcast content.

Please note that the provision of on-demand audiovisual media services to Lithuanian users may be started the next day after the day of the notice to the RTCL, or on the day specified in the notice if the start date of activities is later than the day of the notice to the RTCL.

Updated: 2020-06-29

As per paragraph 16 of Article 47 of the Law on Provision of Information to the Public, all persons engaged in the provision of on-demand audiovisual media services to Lithuanian users that generate revenue from their activities are required to pay a fee equal to 0.8% on their revenue from audiovisual commercial communications, advertising, subscription fee and other activities related to on-demand audiovisual media services to finance the activities of the RTCL. This fee is payable to the account LT32 7044 0600 0798 2622 of the RTCL acting as a budgetary establishment.

Providers of on-demand audiovisual media services are required to pay an annual fee for the dissemination of television programmes and/or individual programmes via the Internet (the “Annual Fee”) to finance the activities of the Association of Ethics in the Provision of Information to the Public. The procedure for setting and paying the Annual Fee is defined in the Descriptor of the procedure for setting the annual fee for radio and/or or television broadcasting, re-broadcasting, dissemination via the Internet and on-demand audiovisual media services.

Updated: 2020-06-29

As per Clause 14 of the Descriptor of the procedure for providing information about activities, a person who wishes to terminate the unlicensed activities must notify the RTCL in writing of this intention by completing the appropriate information specified in appendices of the Descriptor of the procedure for providing information about activities or via the secure access online data provision information system (DPIS) maintained by the RTCL.

On a case by case basis, a person who wishes to terminate the activities of the provision of on-demand audiovisual media services may notify the RTCL using one of the following methods:

  • in writing by completing Appendix 12 of the Descriptor of the procedure for providing information about activities (Details of the provision of on-demand audiovisual media services) specifying the day of cessation and produce the original copy of the form so completed to the RTCL in person or by mail at the following address: Šeimyniškių g. 3A, LT-09312 Vilnius, or e-mail a scanned copy of the original document to lrtk@rtk.lt, or
  • electronically by completing the appropriate clause of the DPIS’s form specifying the day of cessation.
Updated: 2020-06-29

As per paragraph 1 of Article 6 of the Law on the Protection of Minors against the Detrimental Effect of Public Information, it is prohibited to directly disseminate information which has a detrimental effect on minors.

As Article 4 of the same Law stipulates, public information which has a detrimental effect on minors is information which may be detrimental to the mental or physical health of minors, their physical, intellectual, mental or moral development. The following public information is attributed to information which has a detrimental effect on minors:

1) of a violent nature, which encourages aggressiveness and disrespect for life;

2) which encourages the destruction or damage of property;

3) which shows close-ups of the body of a deceased, dying or cruelly mutilated person, except when such a showing is necessary for establishing the identity of the person;

4) of an erotic nature;

5) which invokes fear or horror;

6) which promotes gambling, encourages or offers to take part in gambling and other games which create an impression of an easy gain;

7) in which dependence on narcotic, toxic, psychotropic substances, tobacco or alcohol as well as other substances which are used or may be used for intoxication purposes are positively assessed and the use, production, distribution or acquisition thereof is promoted;

8) which promotes self-mutilation or suicide, specifies suicide measures and circumstances;

9) in which criminal acts are positively assessed or criminals are idealised;

10) which relates to the imitation of criminal acts;

11) which promotes behaviour degrading human dignity;

12) in which a person or a group of persons are ridiculed or humiliated on grounds of nationality, race, sex, origin, disability, sexual orientation, social status, language, religion, beliefs, views or on other similar grounds;

13) which demonstrates staged paranormal phenomena creating an impression that these phenomena are real;

14) which promotes sexual abuse and exploitation of minors, sexual relations between minors;

15) which promotes sexual relations;

16) which expresses contempt for family values, encourages the concept of entry into a marriage and creation of a family other than stipulated in the Constitution of the Republic of Lithuania and the Civil Code of the Republic of Lithuania;

17) in which obscene sayings, words or gestures are used;

18) which advises on how to manufacture, acquire or use explosives, narcotic or psychotropic substances as well as other items dangerous to life or health;

19) which promotes bad eating and hygiene habits and lack of physical exercise;

20) which shows mass hypnosis sessions in which the influenced object is the audience of a mass medium;

21) information related to personal data:

  • which, in relation to criminal acts or other violations of the law, makes available to the public the personal data of a minor who is not hiding from the law enforcement institutions or the court following the perpetration of the criminal act and who is the suspect, accused or convicted or a minor who has been a victim of a criminal act or other violations of the law, on the basis whereof his identity may be established;
  • which makes available to the public the personal data of a minor who has mutilated himself or has attempted this, who has committed suicide or has attempted this, on the basis whereof his identity may be established;
  • whereby, in providing data about a minor, his dignity is degraded and/or his interests are violated;
  • in which, abusing the inexperience and credulity of minors, their opinions and assessments are presented in the context of negative social phenomena;
  • in which the photos of minors or filmed material about them are presented in the context of negative social phenomena, where their identity may be established on the basis thereof.

 

Certain categories of information which has a detrimental effect on minors are prohibited from being disseminated and include information in which a person or a group of persons are ridiculed or humiliated on grounds of nationality, race, sex, origin, disability, sexual orientation, social status, language, religion, beliefs, views or on other similar grounds, also other information prohibited by law and pornographic in particular, information which promotes sexual abuse and exploitation of minors and/or presents gratuitous violence. It is also prohibited to disseminate information which has a detrimental effect on minors related to disclosure of personal data of a minor.

All other categories of information which has a detrimental effect are subject to restrictions on its release, i.e. this information can be disseminated only in strict compliance with the provisions of the Law on the Protection of Minors against the Detrimental Effect of Public Information—this public information may only be published in places that are closed to minors and/or at a time when minors cannot use the information, or where the technical measures applied make it possible for the individuals responsible for educating or supervising children to restrict access to harmful public information by minors. As per paragraph 2 of Article 7 of the same Law, programmes and broadcasts disseminating information which has a detrimental effect on minors may be broadcast without employing the technical measures specified herein where the programmes and broadcasts are marked by indexes and broadcast at appropriate times. Such programmes and broadcasts:

1) must be marked by the index “S” and broadcast from 11.00 p.m. to 6.00 a.m. where the information disseminated wherein has a detrimental effect on minors;

2) must be marked by the index “N-14” and broadcast from 9.00 p.m. to 6.00 a.m. where the information disseminated wherein has a detrimental effect on minors who are under 14 years of age;

3) must be marked by the index “N-7” where the information disseminated wherein has a detrimental effect on minors who are under 7 years of age.

Updated: 2020-06-29

Paragraph 4 of Article 4 of the Law on the Protection of Minors against the Detrimental Effect of Public Information stipulates that is prohibited to disseminate information in which a person or a group of persons are ridiculed or humiliated on grounds of nationality, race, sex, origin, disability, sexual orientation, social status, language, religion, beliefs, views or on other similar grounds, also other public information prohibited by law and pornographic in particular, information which promotes sexual abuse and exploitation of minors and/or presents gratuitous violence.

Article 6 of the same Law also establishes an absolute ban on the dissemination of public information which has a detrimental effect on the development of minors where it is related to the disclosure of personal data:

1) which, in relation to criminal acts or other violations of the law, makes available to public the personal data of a minor who is not hiding from the law enforcement institutions or the court following the perpetration of the criminal act and who is the suspect, accused or convicted or a minor who has been a victim of a criminal act or other violations of the law, on the basis whereof his identity may be established;

2) which make available to the public the personal data of a minor who has mutilated himself or has attempted this, who has committed suicide or has attempted this, on the basis whereof his identity may be established;

3) whereby, in providing data about a minor, his dignity is degraded and/or his interests are violated;

4) in which, abusing the inexperience and credulity of minors, their opinions and assessments are presented in the context of negative social phenomena;

5) in which the photos of minors or filmed material about them are presented in the context of negative social phenomena, where their identity may be established on the basis thereof.

Updated: 2020-06-29

Clauses 11 and 18 of the Descriptor of the procedure for the marking and dissemination of public information which has a detrimental effect on the development of minors approved by Resolution No 1121 of 21 July 2019 of the Government of the Republic of Lithuania stipulate that television and radio programmes that disseminate public information which has a detrimental effect on the development of minors may only be aired if marked by an appropriate index and aired at an appropriate time (in the case of a television programme) or with prior speech-based warning (in the case of a radio programme), or at any time provided that the individuals responsible for educating and supervising children are given the possibility by the programme (television) broadcaster to employ technical measures to restrict access by minors to this public information.

Please note that no law provides for a single list of specific technical measures designed to protect minors against the detrimental effect of public information that can be used. Therefore, depending on the method of dissemination and in an attempt to protect minors against the detrimental effect of public information as effectively as possible, the following technical measures may be employed:

  • an interactive age verification pop-up requiring the individual to confirm that they are an adult;
  • face blurring or voice distortion to protect personal data of a minor;
  • other technical measures that ensure the proper protection of minors against the detrimental effect of public information.
Updated: 2020-06-29

Language requirements that apply to public information production and dissemination are set out in Article 34 of the Law on Provision of Information to the Public. Paragraph 2 of the said article stipulates that radio and/or television programmes with the total duration in a day of under 90 minutes have to be translated into Lithuanian, or shown with Lithuanian subtitles; if the total duration in a day is above 90 minutes – the programme must be translated into Lithuanian. As paragraph 47 of Article 2 of the Law on Provision of Information to the Public stipulates that audiovisual commercial communications qualify as one of the types of programmes, the article on language requirements applies to audiovisual commercial communications too.

Consequently, the transmission of audiovisual commercial communications in a foreign language (with no translation into Lithuanian or Lithuanian subtitles) is not possible.

Updated: 2020-06-29

The RTCL supervises the airing of audiovisual commercial communications and advertising when these communications and advertising are transmitted by the operators overseen by the RTCL, i.e. on television, radio and television and radio programmes transmitted via the Internet, and only for the purpose of ensuring compliance with the provisions of the Law on Provision of Information to the Public.

In certain cases, however, depending on the nature of audiovisual commercial communications and advertising, the Law on Provision of Information to the Public provides for exceptions when the requirements for audiovisual commercial communications and advertising are set in other dedicated laws and control thereof is done by other authorities irrespective of the fact that these communications and advertising have been aired on television, radio or television and radio programmes transmitted via the Internet:

  • Paragraphs 7 and 8 of Article 39 of the Law on Provision of Information to the Public establishes the regulatory aspects of tobacco and alcohol advertising and audiovisual commercial communications. Requirements specific to tobacco advertising and audiovisual commercial communications are set out in the Law on Control of Tobacco, Tobacco Products and Related Products, and respective requirements relating to alcohol advertising and audiovisual commercial communications in the Law on Alcohol Control. Compliance with the requirements of both of these Laws is enforced by the Department of Narcotics, Tobacco and Alcohol Control. Consequently, if an operator has any questions relating to tobacco and alcohol advertising or audiovisual commercial communications, it should contact the Department of Narcotics, Tobacco and Alcohol Control even in those cases when advertising and audiovisual commercial communications for the products mentioned are aired on television, radio or television and radio programmes transmitted via the Internet.
  • Paragraph 9 of Article 39 of the Law on Provision of Information to the Public establishes the requirements for advertising and audiovisual commercial communications when these relate to medical treatments and medicinal products—this type of advertising and audiovisual commercial communication are subject to the provisions of a dedicated law, i.e. the Law on Pharmacy. Control of this Law and the oversight of compliance with the provisions of this Law relating to the advertising of and audiovisual commercial communications on medical treatments and medicinal products is conducted by the State Medicines Control Agency under the Ministry of Health of the Republic of Lithuania. Therefore, if any irregularities in the advertising of or audiovisual commercial communications relating to medical treatments or medicinal products are observed where advertising or audiovisual commercial communications in question were made available on television, radio or television and radio programmes transmitted via the Internet, complaints must be filed with the State Medicines Control Agency under the Ministry of Health of the Republic of Lithuania.
  • Paragraph 16 of Article 39 of the Law on Provision of Information to the Public stipulates that requirements for political advertising are set out in the Law on Funding of, and Control Over Funding of, Political Parties and Political Campaigns as well as other legal acts. Political advertising in the mass media is supervised by the Supreme Electoral Commission. Therefore, if irregular political advertising is observed, even in cases when political advertising is aired on television, radio or television and radio programmes transmitted via the Internet, complaints must be filed with the Supreme Electoral Commission.
  • Paragraph 17 of Article 39 of the Law on Provision of Information to the Public stipulates that liability for the use of misleading and non-permitted comparative advertising is established in the Law on Advertising. Control of the Law on Advertising is done by the appropriate authorities listed in Article 19 of the Law on Advertising with the principal of those being the State Consumer Rights Protection Authority. Therefore, if misleading advertising or advertising of a different nature that infringements upon the requirements of the Law on Advertising is observed and even in cases where this advertising is aired on television and radio programmes transmitted via the Internet, complaints must be filed with the State Consumer Rights Protection Authority.
Updated: 2020-06-29

As per paragraph 1 of Article 39 of the Law on Provision of Information to the Public, advertising and audiovisual commercial communications must be decent, correct and readily recognisable. It is prohibited to publish in advertising and audiovisual commercial communications information which degrades human dignity, discriminates or promotes discrimination on the grounds of race, sex, sexual orientation or ethnic origin, nationality, citizenship, religion or belief, disability or age, offends religious and political convictions, promotes behaviour that is prejudicial to health and safety or behaviour that is grossly prejudicial to the protection of the environment.

Advertising and audiovisual commercial communications may not have a detrimental effect on the mental health of minors, their physical, mental or moral development and must comply with the following requirements:

  • they may not directly exhort minors to buy or hire or choose a product or service by exploiting the inexperience and credulity of minors;
  • they may not directly encourage minors to persuade their parents or others to purchase the goods or services being advertised;
  • they may not form the opinion of minors that the use of certain services or goods will make them physically, psychologically or socially superior to their peers;
  • they may not exploit the trust minors place in parents, teachers or other persons;
  • they may not show minors in dangerous situations in the absence of a public interest.
Updated: 2020-06-29
  • Teleshopping and television advertising on television and online radio programmes must be readily recognisable and distinguishable from the content of the programme by acoustic and/or optical and/or spatial means. Television advertising and teleshopping may be inserted during programmes only in cases and in the manner set out in Article 39 of the Law on Provision of Information to the Public, without prejudice to the integrity of an individual programme, taking into account the natural breaks in the programme, the duration and nature of the programme and without prejudice to the economic rights of the rightsholders.
  • Television advertising, announcements or teleshopping may not be inserted during religious services and religious programmes.
  • Television advertising and teleshopping must be inserted in programmes in blocks and containing at least two television advertising and/or teleshopping spots during one insertion. One television advertisement or one teleshopping spot may be inserted in a programme according to the procedure set out in point 6 of this paragraph, or in other cases set out in the Descriptor of the procedure for implementing the requirements for audiovisual commercial communication and advertising transmission, sponsorship of radio programmes and individual programmes in radio and/or television stations approved by Decision No KS-58 of 11 April 2012 of the RTCL in transmissions of sports events.
  • The total time of television advertising spots and teleshopping spots within a given clock hour must not exceed 20%. This requirement does not apply to the programmes broadcast by the broadcaster of television programmes itself and announcements of the ancillary products directly related to those programmes, sponsorship announcements and product placements.
  • Teleshopping windows must be of a minimum uninterrupted duration of 15 minutes. The number of teleshopping windows broadcast per day may not exceed eight with their total duration not exceeding three hours per day. Teleshopping windows must be clearly distinguished from other programmes by optical and spatial means.
  • Television advertising spots and/or teleshopping spots during sports or other events containing natural breaks may be inserted only for the duration of the natural breaks of these events.
  • The broadcasting of films made for television (excluding films in several parts, TV series and documentaries), cinematographic works and news programmes may be interrupted by television advertising and/or teleshopping once for each scheduled period of at least 30 minutes.
  • The broadcasting of children’s programmes may be interrupted by television advertising and/or teleshopping once for each scheduled period of at least 30 minutes, provided that the scheduled duration of the programme is greater than 30 minutes.
  • No television advertising and/or teleshopping is allowed in re-broadcast television programmes or parts thereof.
Updated: 2020-06-29

As per paragraph 1 of Article 40 of the Law on Provision of Information to the Public and Clause 40 of the Descriptor of the procedure for implementing the requirements for audiovisual commercial communication and advertising transmission, sponsorship of radio programmes and individual programmes in radio and/or television stations approved by Decision No KS-58 of 11 April 2012, audiovisual media services, radio programmes and/or parts thereof that are sponsored must meet the following requirements:

  • their content and, in the case of the broadcasting of a television and/or radio programme, their scheduling may under no circumstances be influenced in such a way as to affect the editorial responsibility and independence of the audiovisual media and the broadcaster of radio programmes;
  • they may not directly encourage the purchase or hire of goods and services, in particular by making special promotional references to these goods and services;
  • viewers must be clearly informed of the existence of a sponsorship agreement. A sponsored programme must be clearly identified as such by the surname (name), logo and/or any other symbol of the sponsor such as a reference to their product(s) or service(s), or a distinctive sign thereof, in an appropriate way at the beginning, during and/or at the end of the programme.
Updated: 2020-06-29

Clause 43 of the Descriptor of the procedure for implementing the requirements for audiovisual commercial communication and advertising transmission, sponsorship of radio programmes and individual programmes in radio and/or television stations approved by Decision No KS-58 of 11 April 2012 stipulates that any sponsor introduction should last for sufficient time for the viewer to hear and/or see the surname (name) of the sponsor, their logo and/or other symbol or slogan. The suggested duration of a single sponsor introduction is up to 15 seconds and the total duration of consecutive announcements introducing all of the sponsors of the programme no longer than 40 seconds. Where the duration of a television programme sponsor introduction is exceeded, any excess time is accounted as television advertising per one clock hour of broadcasting.

Updated: 2020-06-29
  • Properties, qualities and adjectives of the highest degree to describe these properties and qualities
  • Composition, effects, quality and information about awards
  • Price, novelty on the market
  • Other information that is an advertisement in nature that distinguishes the sponsor’s product or service
Updated: 2020-06-29

The free reception in Lithuania of the television programmes broadcast and re-broadcast from the EU Member States, states of the European Economic Area and television programmes and individual programmes disseminated via the Internet where only a separate programme is transmitted and of the programmes in the catalogues of on-demand audiovisual media service providers may be suspended on a temporary basis when:

  • the programme seriously and grossly violates the provisions of Article 17 and point 3 (contains incitement to hatred, ridicule, humiliation, incitement to discrimination, abuse, violence against a group or a person belonging to that group on the grounds of age, sex, sexual orientation, ethnic origin, race, nationality, citizenship, language, origin, social status, disability, belief, convictions, views or religion), points 4 and 5 of paragraph 1 of Article 19 of the Law on Provision of Information to the Public after all of the following conditions had been ascertained:

a) the violation specified above is repeated in the last 12 months of the first violation;

b) the RTCL has notified the provider of on-demand audiovisual media services, the responsible authority of the EU Member State which has jurisdiction over the matter and the European Commission of the suspected violations and the measures the RTCL intends to take in the event of repeated violations;

c) the RTCL has given the chance to the provider of on-demand audiovisual media services to produce their explanations and be heard in the matter of the suspected violations and the measures the RTCL intends to take in the event of repeated violations;

d) no agreement is reached by mutual consent through consultations with the competent authority of the EU Member State which has jurisdiction over the matter or state of the European Economic Area and the European Commission within one month from the day of the reception of the notice at the European Commission of suspected violations and the measures the RTCL intends to take in the event of repeated violations;

  • the programme seriously and grossly violated the provisions of points 1, 2 or 3 (dissemination of war propaganda, incitement to war) of paragraph 1 of Article 19 of the Law on Provision of Information to the Public after all of the following conditions had been ascertained:

a) the violation specified above is repeated in the last 12 months of the first violation;

b) the RTCL has notified the provider of on-demand audiovisual media services, the competent authority of the EU Member State which has jurisdiction over the matter and the European Commission of the suspected violations and the measures the RTCL intends to take in the event of repeated violations;

c) the RTCL has given the chance to the provider of on-demand audiovisual media services to produce their explanations and be heard in the matter of the suspected violations and the measures the RTCL intends to take in the event of repeated violations;

d) the RTCL received from a competent national security authority or some other authority information the assessment of which leads to the conclusion that the suspected violation is harmful or poses a serious threat to public security, including national security and defence.

 

The free reception in Lithuania of television programmes and/or individual programmes broadcast, re-broadcast or disseminated via the Internet where only a single programme is transmitted and the free reception of catalogues from non-EU Member States, states of the European Economic Area and other European states which have ratified the Council of Europe Convention on Transfrontier Television may be suspended by decision of the RTCL.

If a television programme and/or individual programme and/or catalogue from these states violate the requirements of Articles 17 and 19 of the Law on Provision of Information to the Public, the RTCL may specify in its decision what measures are to be applied and their effective date designed to stop the reception in Lithuania of the television programme and/or individual programme and/or catalogue. The measures intended to be applied and the duration of these measures must be proportional to the violations made and each of the measures must be tailored to the entity they are targeted at and the method of public information disseminated.

Updated: 2020-06-29

In the event of a sale or other transfer of less than 10% of shares (interests, member shares) in a broadcasting and/or re-broadcast content licence holder, there is no need to notify the RTCL of this sale or transfer, or obtain a written consent to this sale or transfer from the RTCL. The sale or other transfer of 10% or more shares (interests, member shares) in a broadcasting and/or re-broadcast content licence holder does require notification of the RTCL.

Updated: 2020-06-29

Clause 4 of the Descriptor of the procedure for the transferring of shares (interests, member shares) in broadcasting and/or re-broadcast content licence holders approved by Decision No KS-172 of 23 September 2015 of the RTCL (the “Descriptor”) stipulates that in the event of a sale or other transfer of 10% or more shares (interests, member shares) in a broadcasting and/or re-broadcast content licence holder, the licence holder must communicate to the RTCL the fact of the transfer of title within 30 days from the effective date of transfer. Clause 5 of the Descriptor requires that the following information be provided in a notice of the transfer of shares (interests, member shares) in a broadcasting and/or re-broadcast content licence holder:

  • name and surname (name), personal ID number (in the case of a foreign individual who has not been issued a national identification number subject to the law of their country—date of birth and name of the country that issued the identity documents) (business identifier and in the case of a foreign legal entity—name of the country and register that maintains details of registration), residence address (office address), telephone, fax, e-mail address and mailing address of the person transferring shares (interests, member shares) in the broadcasting and/or re-broadcast content licence holder;
  • number of shares (interests, member shares) transferred in the broadcasting and/or re-broadcast content licence holder and the share of votes they represent expressed in per cent;
  • name and surname (name), personal ID number (in the case of a foreign individual who has not been issued a national identification number subject to the law of their country—date of birth and name of the country that issued the identity documents) (business identifier and in the case of a foreign legal entity—name of the country and register that maintains details of registration), residence address (office address), telephone, fax, e-mail address and mailing address of the person acquiring shares (interests, member shares) in the broadcasting and/or re-broadcast content licence holder;
  • the effective date of the passing of the title to shares (interests, member shares) in the broadcasting and/or re-broadcast content licence holder;
  • the proportional distribution of shares (interests, member shares) in the broadcasting and/or re-broadcast content licence holder following the transfer of shares (interests, member shares).
Updated: 2020-06-29

Where upon the sale or other transfer of shares (interests, member shares) in a broadcasting and/or re-broadcast content licence there is a change in the owner(s) of the controlling interest, or where control (management) of a broadcasting and/or re-broadcast licence holder passes to another person(s) on other grounds, the persons intending to transfer and acquire these shares (interests, member shares) in or control (management) of the broadcasting and/or re-broadcast content licence holder must produce to the RTCL a request for the transfer and acquisition of shares (interests, member shares) in or control (management) of the broadcasting and/or re-broadcast content licence and obtain a written consent from the RTCL (Clause 6 of the Descriptor of the procedure for the transferring of shares (interests, member shares) in broadcasting and/or re-broadcast content licence holders approved by Decision No KS-172 of 23 September 2015).

 

A request by the person who wishes to transfer the shares (interests, member shares) in or control (management) of a broadcasting and/or re-broadcast content licence holder must provide the following information:

  • name and surname (name), personal ID number (in the case of a foreign individual who has not been issued a national identification number subject to the law of their country—date of birth and name of the country that issued the identity documents) (business identifier and in the case of a foreign legal entity—name of the country and register that maintains details of registration), residence address (office address), mailing address of the person who intends to transfer the shares (interests, member shares) in or control (management) of the broadcasting and/or re-broadcast content licence holder;
  • number of shares (interests, member shares) transferred in the broadcasting and/or re-broadcast content licence holder and the share of votes they represent expressed in per cent;
  • name and surname (name), personal ID number (in the case of a foreign individual who has not been issued a national identification number subject to the law of their country—date of birth and name of the country that issued the identity documents) (business identifier and in the case of a foreign legal entity—name of the country and register that maintains details of registration), residence address (office address), telephone, fax, e-mail address and mailing address of the person who intends to acquire the shares (interests, member shares) in the broadcasting and/or re-broadcast content licence holder;
  • the proportional distribution of the shares (interests, member shares) and votes in the broadcasting and/or re-broadcast content licence holder following the transfer of shares (interests, member shares) in the broadcasting and/or re-broadcast content licence holder;
  • gross revenue of the broadcasting and/or re-broadcast content licence holder in the operating year preceding the transfer of shares (interests, member shares) in and/or control (management) of the broadcasting and/or re-broadcast content licence holder.

 

A request by the person who wishes to acquire the shares (interests, member shares) in or control (management) of a broadcasting and/or re-broadcast content licence holder must provide the following information:

  • name and surname (name), personal ID number (in the case of a foreign individual who has not been issued a national identification number subject to the law of their country—date of birth and name of the country that issued the identity documents) (business identifier and in the case of a foreign legal entity—name of the country and register that maintains details of registration), residence address (office address), telephone, fax, e-mail address and mailing address of the person who intends to acquire the shares (interests, member shares) in and/or control (management) of the broadcasting and/or re-broadcast content licence holder and of the persons who may exert, either directly or indirectly, control over the said person, who has the power to exercise voting rights in the management bodies of the person intending to acquire the shares (interests, member shares) in and/or control of the broadcasting and/or re-broadcast content licence holder or who is entitled to appoint at least one member of the supervisory board and/or board of directors of the person intending to acquire the shares (interests, member shares) in and/or control (management) of the broadcasting and/or re-broadcast content licence holder;
  • number of shares (interests, member shares) to be acquired in the broadcasting and/or re-broadcast content licence holder and the share of votes they represent expressed in per cent;
  • name and surname (name), personal ID number (in the case of a foreign individual who has not been issued a national identification number subject to the law of their country—date of birth and name of the country that issued the identity documents) (business identifier and in the case of a foreign legal entity—name of the country and register that maintains details of registration), residence address (office address), telephone, fax, e-mail address and mailing address of the person who intends to transfer the shares (interests, member shares) in the broadcasting and/or re-broadcast content licence holder;
  • brief description of operations (in the case of a legal entity) and a CV (in the case of an individual);
  • information about property relations and/or joint ventures with other broadcasting and/or re-broadcast content licence holders and other originators and/or publishers of public information;
  • gross revenue in the operating year preceding the acquisition of shares (interests, member shares) in and/or control (management) of the broadcasting and/or re-broadcast content licence holder;
  • confirmation that there are no circumstances referred to in paragraph 8 of Article 22 of the Law on Provision of Information to the Public vis-à-vis the person who intends to acquire the shares (interests, member shares) in and/or control (management) of the broadcasting and/or re-broadcast content licence holder.

 

Any such request submitted by the person who intends to acquire the shares (interests, member shares) in and/or control (management) of a broadcasting and/or re-broadcast content licence holder must be accompanies by a copy of the identity document and/or manager-certified copies of documents of incorporation of a legal entity (agreement of incorporation (memorandum)), certificate of incorporation, articles of association (regulations), an extended abstract with a historical record from the Register of Legal Entities (Clause 9 of the Descriptor of the procedure for the transferring of shares (interests, member shares) in broadcasting and/or re-broadcast content licence holders approved by Decision No KS-172 of 23 September 2015 of the RTCL).

Updated: 2020-06-29

In the event that a licence holder is undergoing reorganisation, the RTCL may take a decision to issue a new licence (licences) without a competition to the permitted successor (successor) of the licence holder under reorganisation permitting the pursuit of the licensed activities of radio and/or television broadcasting and re-broadcasting under the same conditions provided that:

  • the person submits to the RTCL an appropriate application prior to the reorganisation process with a specification of reorganisation conditions;
  • prior and during the reorganisation process there have been no violations of the laws of Lithuania governing radio and/or television broadcasting and/or re-broadcasting, licence terms and conditions and decisions of the RTCL.
Updated: 2020-06-29

In accordance with paragraph 2 of Article 78 of the Law on Copyright and Related Rights (the “LCRR”), requests may be submitted to the RTCL by:

  • the copyright subject, i.e. an author, another natural or legal person possessing the author’s exclusive economic rights in the cases provided for in the LCRR, also a natural or legal person to whom the author’s exclusive economic rights have been transferred (successor in title);
  • the related rights’ subject, i.e. performer, producer of phonograms, broadcasting organisation, producer of the first fixation of an audiovisual work (film), another natural or legal person possessing the exclusive related rights in the cases provided for in the LCRR, also a natural or legal person to whom the related rights have been transferred (successor in title);
  • a collective administration organisation, i.e. a legal person that manages author’s rights or related rights on the basis of the law and contract;
  • makers of databases (sui generis rightsholders);
  • an authorised person.
Updated: 2020-06-29

Clause 9 of the Descriptor for handling copyright owners’ requests to issue mandatory orders to Internet service providers approved by Decision No KS-14 of 27 March 2019 of the RTCL (the “Descriptor”) sets out the non-judicial measures available to the applicants before they apply to the RTCL.

These non-judicial measures are:

  • a written address, including by e-mail, to the administrator of the site which posts the copyrighted content illegally asking the administrator to remove permanently the copyrighted content posted illegally and ensure that this content is not going to be republished  on the site illegally;
  • a written address, including by e-mail, to the hosting service provider for the site which posts the copyrighted content illegally asking the hosting service provider to remove permanently the copyrighted content hosted by the electronic information hosting service provider illegally and ensure that this content is not going to be republished on the site illegally, or remove the possibility to access this content.

Clause 10 of the Descriptor specifies that the non-judicial measures are considered to be exhausted if the copyrighted content posted on the site illegally is not removed or the possibility access this content has not been removed within 5 working days from the day of the applicant’s address to the said entities specified in subclauses 9.1 and 9.2 of the Descriptor. There are no requirements as to how the address to a website administrator or a hosting service provider should look like specifically, what matters is the fact of address itself. The relevant provisions of the Descriptor only require that any such address must be made in writing (including by e-mail), i.e. the demand to remove specific copyrighted content may be transmitted to the website administrator or hosting service provider at their respective e-mail addresses provided on the website in question. There may be cases when no e-mail address is provided on the website but there is a contact form for contacting the administrator, in which case the sending of the completed contact form will suffice, with a screen shot produced to the RTCL as proof of address to the website administrator. Address to the hosting service provider may also be produced in a free-format and communicated by e-mail. It is also important that any demand related to the illegal posting of copyrighted content would indicate the specific copyrighted content possibly posted illegally (preferably by providing an active link to the piece).

Updated: 2020-06-29

Clause 5 of the Descriptor of the procedure of mandatory orders to Internet service providers approved by Order No ĮV-771 of 25 November 2019 of the Minister of Culture of the Republic of Lithuania (the “Descriptor”) specifies that decisions by the RTCL relating to mandatory orders to Internet service providers establish dynamic blocking—instruct service providers to block the existing and future domain names identifying the websites used for the purpose of posting copyrighted content illegally, i.e. the order so issued by the RTCL includes the existing and future mirror sites. In other words, dynamic blocking happens when a mirror site is blocked on the basis of the website blocked (the original website).

Updated: 2020-06-29

Clause 6 of the Descriptor for handling copyright owners’ requests to issue mandatory orders to Internet service providers approved by decision No KS-14 of 27 March 2019 of the RTCL (the “Descriptor”) states that mirror sites include websites which provide access to the same activities as the original website. A mirror site must meet at least 2 of the attributes listed below:

  • the domain name of the site is identical or almost identical to that of the original website (addition or removal of several letters, numbers, other characters, changes to the domain ending, etc.);
  • the content of the site is identical or almost identical to the original website (posts the copyrighted content or parts thereof identical to those specified in the demand, identical works are post at similar times, etc.);
  • visuals of the site are identical or almost identical to those of the original website (the same graphic layout, identical trade and/or service mark, etc.);
  • its user interface is identical or almost identical to that of the original website (identical menu categories/choices, etc.);
  • website operator or administrator is the same as that of the original website, or it is possible to reasonably conclude from the details available that the operator or administrator is the same (the mirror site provides information or link to the original website, social media account (for example, on Facebook) contains information about the mirror site of the original website, etc.).
Updated: 2020-06-29

No. The RTCL cannot issue mandatory orders to Internet service providers at its discretion, except in cases when the order relates to the blocking of a mirror site. Clause 9 of Descriptor for handling copyright owners’ requests to issue mandatory orders to Internet service providers approved by decision No KS-14 of 27 March 2019 of the RTCL (the “Descriptor”) stipulates that the RTCL conducts continuous monitoring at its discretion and on the basis of reports received observing changes in the domain names identifying listed websites. The RTCL promptly includes changes in the list and communicates these changes electronically to Internet service providers within 1 working day at most. The inclusion of new domain names in the list must be sanctioned by Vilnius Regional Administrative Court.

Updated: 2020-06-29

The purpose of the secure access online data provision information system (DPIS) maintained by the RTCL is to provide opportunity to television broadcasters and re-broadcasters, persons who wish to engage in the unlicensed activities of radio and/or television broadcasting and/or re-broadcasting in Lithuania, persons who provide and/or wish to provide the services of dissemination of television programmes and/or individual programmes via the Internet to Lithuanian users or on-demand audiovisual media services (“Persons”) of providing notices of the start of operations and other information required to be submitted by the operators under the Descriptor of the procedure for providing information about broadcasting activities to the RTCL electronically.

The DPIS collects and stores all information provided by the operators in an electronic format.

Representatives of the persons who wish to engage in the unlicensed activities of radio and/or television broadcasting and/or re-broadcasting in Lithuania, provide the services of dissemination of television programmes and/or individual programmes via the Internet to Lithuanian users and on-demand audiovisual media services have the option of providing notices of the start of the intended unlicensed activities via the DPIS.

Representatives of the operators who only hold broadcasting and/or re-broadcasting licences issued by the RTCL may access and provide the following information via the DPIS:

  • contact details of the operator, its management bodies and participants;
  • reports of financial performance;
  • notices of the start of the intended unlicensed activities.

 

Representatives of the operators already engaged in the unlicensed activities may access and provide the following information via the DPIS:

  • contact details of the operator, its management bodies and participants;
  • reports of financial performance;
  • changes to the details of the unlicensed activities;
  • end date of the unlicensed activities;
  • notices of the start of the intended unlicensed activities.
Updated: 2020-06-29

A person who wishes to provide notices of the start of the intended unlicensed activities and/or information via the secure access online data provision information system (DPIS) must submit an application to the RTCL in the form provided in Appendix 19 of the Descriptor of the procedure for providing information about activities. The RTCL will prepare the means necessary to log into the DPIS within 10 working days from the day of receipt of the application at the RTCL. The RTCL will advise of the creation of accounts for the applicant’s representatives and login names to the DPIS in writing and will provide the DPIS user manual to each of the representatives at the e-mail address indicated in the application.

The person will have to notify the RTCL promptly (within 1 working day) and in writing of any changes to the details of authorised persons (representatives) who have the powers and mandate to provide information via the DPIS.

In the event of loss or having forgotten login details, the person will have to advise the RTCL of the fact (submit an application if the details had been lost). The RTCL will send the new login details by e-mail but only to the general manager or the authorised representative of the legal person. Please note that if the password is entered incorrectly three times in a row, the person’s account will be blocked.

Updated: 2020-06-29