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Media regulation in Slovak republic

Ownership transparency and

ownership restriction

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Tirana, 11.12.2024

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Legal framework for media regulation �

• In the Slovak Republic, the rights and obligations of content service providers are regulated by Media Services Act

(Act No. 264/2022 Coll. on Media Services and on Amendments and Additions to Certain Acts)

• Among other EU law, it is a transposition of the Audiovisual Media Services Directive (Directive 2010/13/EU on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services (Audiovisual Media Services Directive) in view of changing market realities as ammended)
• It is likely that this act will also implement The European Media Freedom Act 

Content service providers

• broadcaster,
• provider of an on-demand audiovisual media service,
• retransmission service provider,
• multiplex provider,
• video sharing platform provider,
• a content service provider not listed above

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Register of public sector partners

• The Register of Public Sector Partners (Register) is a public list in which the ultimate beneficiary owners of defined entities are registered (act no. 315/2016 Z.z. on the register of public sector partners and on amendment and supplementation of certain acts)
• Public sector partners shall be entered in the Register by authorized persons after they have carried out due diligence to verify the ownership structure and identify the ultimate beneficiary owners
• Registration in the Register is a condition for the authorization to broadcast and operate an on-demand audiovisual media service (the ownership structure must also be published on their website)
• The publisher of a periodical publication and the provider of a news web portal are also required to be registered in the Register

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Transparency of ownership of the content service provider

The regulator shall assess the ownership and personal relationship of the content service provider in order to examine whether the ownership and person relationships meet these conditions:

• the transparency of the ownership structure or the transparency or credibility of the financial resources intended to finance the provision of the content service is ensured,
• there is no apparent risk that the content service could be misused, directly or in conjunction with a foreign power, to threaten the constitutional order, national security or the democratic system of fundamental rights and freedoms guaranteed by the Constitution of the Slovak Republic, to discriminate or to incite intolerance or violence,
• there is no apparent risk that the plurality of information and media content could be undermined,
• it is not directly or indirectly financed by a terrorist organization or by a person or State on the United Nations or European Union sanctions list.

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Regulator's powers

• broadcaster or other person shall, on request, submit to the Regulator for its consideration such documents as are necessary to demonstrate compliance with the conditions and restrictions set in Media Service Act.
• Where it is established that a content service provider, other than a multiplex provider, does not comply with the conditions set out in in Media Service Act, the Regulator shall specify a reasonable period of time for the content service provider to remedy the situation and, where appropriate, specify the manner of remedying the situation.
• If the remedy is not remedied within the period specified, the Regulator shall revoke the relevant authorisation to provide the content service or otherwise provide for remedy.

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Ensuring plurality of information�

• A broadcaster shall not broadcast a radio programme service by terrestrial transmission and simultaneously broadcast a television programme service.
• A broadcaster shall not be a provider of a terrestrial multiplex in the territory of the Slovak Republic.
• The same person may not be an end-user of the benefits of more than one content service provider if the combined market share of these providers on the entire advertising market of the Slovak Republic exceeds 60%.

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�Impact on the erosion of plurality of information�

The regulator assesses the impact of the content service provider and the media group on the plurality of information in the media market and the advertising market and evaluates the risk of distortion of the plurality of information that is threatened by the exercise of this influence.

• A content service provider with a decisive influence on the distortion of plurality of information is a content service provider whose market share, either alone or together with other content services of the media group, exceeds 60 % of the total advertising market in the Slovak Republic.
• A content service provider with a relevant impact on the distortion of plurality of information is a content service provider whose market share, either alone or together with other content services of the media group, exceeds 30 % of the total advertising market of the Slovak Republic.
• A content service provider with a low impact on the distortion of plurality of information is a content service provider whose market share, either alone or together with other content services of the media group, does not exceed 30 % of the total advertising market of the Slovak Republic.

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�Impact on the erosion of plurality of information�Measures

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• The Regulator shall not grant consent under Media Service Act which would result in the acquisition of a decisive influence on the distortion of plurality of information or shall refuse an application for consent under this Act

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• The Regulator shall do the same where the acquisition of a relevant influence on the distortion of the plurality of information would be immediately capable of endangering the plurality of information provided to the public

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Other measures to ensure media pluralism

• ensuring transparency of funding
• maintaining a list of persons who participate in the crowdfunding of a content service or who have made a donation or other similar consideration to the content service provider without adequate consideration.
• the obligation to identify donors providing more than EUR 2 000 in a calendar year
• prohibition for the content service provider to enter into a silent partnership agreement.
• a sufficiently strict definition of the forms of linkage
• property link
• personal link
• parent media company
• subsidiary media company
• media group.
• Merger control? (thresholds are too high – 14.000.000 eur a year in Slovak republic)

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THANK YOU FOR YOUR ATTENTION

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