Czech Republic

Freedom of Expression and Access to Information

By Petra Tomásková, Czech Helsinki Committee

(Editorial Note: This text was written in November 1999 and only slightly edited in May 20011)

A. International law and Czech legal regulation

Freedom of expression and information is guaranteed in Article 17 of the Czech Bill of the Fundamental Rights and Freedoms. Article 10 of the Czech Constitution defines the superiority of international conventions that are legally binding on the Czech Republic over domestic laws. One of these conventions is the Universal Declaration of Human Rights of 1948, Article 19. Another such convention is the International Covenant of Civil and Political Rights (legally binding on the Czech republic since 1976), the 1981 European Convention for Protection of Individual Rights, the Convention for Protection of Human Rights and Fundamental Freedoms (legally binding on the Czech Republic since 1992).

There is an immense problem with integration of recommendations of the Council of Europe and the UN because there is no mechanism that would provide for their implementation. The Ministry of Foreign Affairs is responsible for addressing problems related to implementation of legally binding opinions or recommendations of UN committees.

The Constitution of the Czech Republic (Article 17) states that the Constitutional Court should rule on cases of conflict between the laws of the Czech republic and international human rights conventions. If the Constitutional Court decides that the domestic law is in conflict with relevant international human rights standards, it has the power to annul the law or part of it.

B. Freedom of Expression

The Bill of Fundamental Rights and Freedoms, Article 17 states that:

1.    Freedom of expression and right to information are guaranteed. 

2.    Everyone has the right to express his right by speech, written form, press, picture or different way and to search, receive and spread ideas and information without regard of the frontiers of the country. 

3.    Censorship is inadmissible. 

4.    Freedom of speech and right to search and spread information may be restricted by law if it is provision necessary for protection of rights and freedoms of others, security of state, public security, security of public health and morality. 

5.    State bodies and organs of territorial self-government have duty to provide information about their activity in adequate way. The conditions of providing information will be prescribed by law. 

This constitutional law is elaborated in lower legislation, detailed below.

C. Electronic Media2

Law 483/1991 (On the Czech Television) establishes Czech state television as a legal entity with its own property. It is a public service provider bound to produce objective, accurate, comprehensive and balanced information facilitating the free development of public opinion, developing the cultural identity of Czech nation and national minorities in the Czech republic, to transmit ecological information, to contribute to the education of the young and to provide public entertainment, on two channels. Public control over the broadcaster is to be exercised by Czech Television Council, a body that is elected by the Czech Parliament. The Council has 9 members who are elected for five-year periods and may be re-elected. It is answerable to government for its activity. Membership constitutes a public function, incompatible with the function of the president, MP, minister, chief of central administration authorities or with posts in political parties and movements. Member of the Council may also not work in companies that are engaged in television broadcasting.

The Council nominates the general director of Czech Television (CTV), approves the budget and final account of CTV, approves status of CTV, creates and cancels CTV studios and rules on complaints about the director of CTV. It submits an annual report to government about its activities and management.

Funding for CTV comes from television license fees and income from CTV’s commercial activities.

Czech public radio is regulated by Law 484/1991, which accords the same status to public radio as to public television. The Czech Radio Council also has nine members elected for five-year periods and is answerable to government for its activity. Financial sources are radio license fees and income from commercial activity.

The Czech Council for Radio and Television Broadcasting is a very important authority in the context of freedom of expression. It was constituted by Law 103/1992. The Broadcasting Council regulates all aspects of broadcasting, in reference to the existing laws governing media activity, helping to formulate principles governing state policy on broadcasting (the government is obliged to consult the Council during all decision-making processes related to broadcasting activity) and the development of broadcasting channels, overseeing registration and the granting or rescinding of broadcasting licenses, and determining penalties for operators who fall foul of broadcasting regulations or who broadcast without permission.

The Broadcasting Council submits an annual report to parliament, and has 13 members, elected by parliament for six-year periods. Membership of the Council is defined as a public function, answerable to parliament. Membership is not compatible with the function of the President of the Czech Republic, MP, minister, head of central administrative authority or of membership in the Czech Television Council and the Czech Radio Council. The members may not have any function in political parties or movements or be board members of companies engaged in the mass media.

However, as with the other regulatory bodies in the realm of mass media, political influence is felt in the constitution of membership, as members tend to reflect the party political make-up of parliament. Ruling parties have the possibility to appoint sympathetic members of the regulatory bodies, just as senior posts within the public broadcasters tend to reflect the party political landscape. Serious concerns thus remain about the independence of public broadcasters in the Czech Republic.

In the Czech republic there are some private televisions too. Their activity is regulated by the law No. 468/1991 on broadcasting.3

2 This chapter was written before significant events in the area of broadcasting regulation took place. In late 2000, a serious conflict concerning the leadership of Czech Television and the independence of the broadcasting regulatory bodies, including those mentioned in this section, was sparked by the appointment of Jiri Hodac as Director of Czech Television in December 2000. Hodac was seen as a close ally of the ruling Social Democratic party of Vaclav Klaus and his appointment sparked protests among Czech TV employees, subsequently supported by the largest public demonstrations since 1989, against political interference in television broadcasting. Hodac resigned on 11 January 2001. The Czech Television Council members who had chosen him were removed from their posts, and a new media law was passed by Parliament. Critics said, however, that the new law was not an improvement on the former legislation.

D. Print Media

Law number 81/1966 (“On Periodical Printings”) regulates the publications of the press and other mass media (the last amendment from 1999).

Czech legal entities (persons) or Czech citizens above 18 years may publish print media. Other legal enteritis and physical entities may publish print media only with the assent of the authorized body of the state administration of the Czech republic. Authorization to edit periodical press depends upon registration. The registration of national and other print publications is provided by the central authority of the Czech Republic, while local press is registered by local authorities.

The registration form of periodical press has to be handed in at least 30 days before initial publication and has to contain:

a)    Name of periodical press 

b)    Its subject matter 

c)    Name and residence of editor, publishing organisations and printing companies 

d)    Place of publishing, address of editorial office and administration 

e)    Period during which periodical press will be published 

f)    Presumed average circulation, extent, format and price 

g)    Personal information details of chief-editor and his/her state citizenship and evidence of professional qualifications. 

The authorities have a duty to process the registration application within 15 days. If the registration form does not accomplish prescribed conditions, the authorities must inform the applicant about the need for changes within three days of receiving the registration form.

The editor has a duty to inform the registering authority of any changes to data included in the registration form. Registration will not be valid and authorization to publish periodical press will expire:

1.    If the publishing does not begin in 1 year after registration being pursued 

2.    lf the publishing of magazine or other periodical press matter is put aside or more than 1 year 

Censorship is inadmissible, as are all interventions of state authorities to restrict the freedom of word and image and their communication via the mass media. The chief editor or his/her delegated deputy is responsible for not publishing information containing fact constituting a commercial or state secret. The government has a duty to provide information to chief editors of print and electronic media about which facts constitute are considered as state or commercial secrets.

Provision is made in Czech domestic legislation for the right of reply and publication of corrections to inaccuracies in published information.

The distribution of information whose content propagates violence, war, fascist or nazi ideology, racial discrimination, attacks the integrity of the Republic or the basis of its constitutional system or violates international conventions, is prohibited by the law mentioned above (No. 81/1966). This is also prohibited by the Czech criminal law.

Foreign news agencies and informative mass media can undertake media-related activities in the territory of the Czech Republic only if their permanent employees and permanent foreign reporters are accredited at the Ministry of Foreign Affairs (DFA). The DFA and other state authorities should provide the employees of foreign news agencies and foreign mass media and permanent foreign reporters with assistance in the pursuit of their work. In cases where an accredited employee or reporter breaks international conventions or acts

against the interests of society as defined by law, the DFA has the right to cancel accreditation. Neither foreign news agencies nor foreign mass media may be located in the buildings of diplomatic or consular missions and their employees may not work for such missions. This is regulated by the same law No.81/1966

H. Access to Information

Law 106/1999 regulates the right of access to information, defining the circumstances in which the state authorities, public administration and other decision-making bodies have to provide information to the public. Law 148/1998 concerns the protection of restricted information. Restrictions on making information publicly available relate to ongoing criminal proceedings, the decision-making process of a court of law, the activities of intelligence services, etc.

Law 123/1998 concerns the right to information about the environment. This law regulates conditions according to which timely and complete information about the state of the environment and natural resources must be placed in the public domain.

Reistrictions also apply to access to information in the following categories:

a)    secret facts concerning state interests. 

b)    protection of personal or individual facts and protection of security of person 

c)    protection of intellectual property. 

d)    protection of commercial secrets. 

The classification of secret information is published by government in directives. Classification is administered by the National Security Office, whose Director is appointed and removed by government, after discussion in parliament. The National Security Office and its Director are directly answerable to the Prime Minister. Secret information is classified as follows:

a)    top secret 

b)    secret 

c)    confidential 

d)    reserved 

Legal persons may apply for access to restricted information if they possess special permission to do so and can demonstrate the need for access in order to accomplish certain tasks. Others having privileged access to restricted information are:

a)    the President of the Czech Republic 

b)    the leader of the Parliament 

c)    the leader of the Upper House 

d)    government ministers 

e)    the president of the Supreme Control Office, a special body established by a constitutional law 

f)    judges 

Security of the republic and state secrecy are protected and provisions for punishing law-breakers are covered by Article 105, Article 106 and Article 107 of the Criminal Code.