Informative Notice
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Radio broadcasting
Radio programming and broadcasting activity falls under the radio and television activity.
The radio and television activity is the creation (production) of radio programmes with the purpose to publicly publish this content.
This activity also includes the form of mutual transmission of radio and television programmes between individual issuers with the purpose to publicly publish this content.
The radio activity includes the activity of preparing and broadcasting of radio programmes through radio broadcasting studios and devices for broadcasting of listening programmes to the public, associated studios or subscribers. The broadcasting of radio programmes online is also included (online radio stations). The broadcasting of data together with the broadcasting of radio programmes is also included.
Applies for SKD:
- Radio broadcasting J60.100
Conditions
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To pursue the activity, a prior registration and selection of an appropriate status form is required.
The activity of distributing programmes is carried out by the publisher/broadcaster of a medium which may be a legal or natural entity.
The activity must be based on freedom of expression, freedom of distributing programmes from other countries and prohibition of promoting inequality and intolerance.
The name of the medium and its sections or shows must be in the Slovenian language, except for the media or their sections or shows which are the Slovenian licence version of a foreign medium or selection or shows with trademarks or service marks of this media.
The name may also be in a dead language, Esperanto or one of the Slovenian regional dialects.
The programme content must be in the Slovenian language or appropriately translated into the Slovenian language, except when it is intended for readers, listeners or viewers from other language group.
The programme content designed for education in the field of language may be published/broadcast in a foreign language. The reason for distributing programmes in a foreign language must be specified in at the visible spot of the holder of this content.
If the programme content is intended for the Hungarian or Italian national community, then it may be published/broadcast in the language of the national community.
The publisher/broadcaster of a media must have its head office or permanent residence in the Republic of Slovenia.
In addition, the publisher/broadcaster must also have the head office of its editor board in the Republic of Slovenia.
Evidence
Extract from the Business Register (AJPES) the competent authority acquires it ex officio
Legal basis
Administrator of Legislation
Ministry of Culture
Maistrova ulica 10
1000 Ljubljana -
The media register includes all media that operate under the jurisdiction of the Republic of Slovenia. The ministry enters the medium in the register based on the issuer's written proposal that must contain the following mandatory data:
- name of medium,
- name or company name and head office or the permanent residence of the publisher,
- publisher's responsible person, when the publisher is a legal entity,
- type and time interval of media distribution,
- name and surname of the editor-in-chief,
- head office of the editor's board or editor-in-chief,
- the method and envisaged distributing programmes,
- the language of distributing programmes,
- sources and method of financing,
- data on persons with min. 5% ownership or majority share or share of voting rights in the property of the publisher of general information printed daily news or weekly news as well as radio and television programme.
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Every medium must have an executive editor which is appointed or dismissed by the publisher/broadcaster. Before appointing or dismissal of an executive editor, the publisher/broadcaster must acquire the editor board's opinion, if there is no stronger impact of the editor board determined in the fundamental legal document.
The executive editor is responsible for the implementation of the programme design and carries out other tasks determined with the fundamental legal document of the publisher/broadcaster. The executive editor is responsible for every published/broadcast information.
If a medium has several executive editors, then each of them is responsible for the publishing/broadcasting of information in respective programme bundle.
The executive editor is a person, who:
- is proficient in the Slovenian language, if he is not the citizen of the Republic of Slovenia, or the Italian or Hungarian language if this is a medium of the Hungarian or Italian community;
- has a legal capacity;
- has no prohibition to pursue occupation, activity or public appearance.
The executive editor cannot be a person who has immunity as per the constitution or law.
Evidence
- Evidence of active knowledge of the Slovenian language, if he is not a citizen of the Republic of Slovenia,
- evidence of active knowledge of the Italian or Hungarian language when this is a medium of the Hungarian or Italian national community
Legal basis
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Every year, at least no later by the end of February, the publisher/broadcaster must publish the following data in the Official Gazette of the Republic of Slovenia:
- Name, surname and permanent residence of the natural entity or the company and head office of the legal entity which has in his property at least 5% share of capital, or at least 5% share of managing or voting rights;
- Names of the members of the Management Board or Managing Authority and Supervising Authority of the publishers/broadcasters.
Legal basis
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The permit for the implementation of radio or television activity is issued by the Agency for Communication Networks and Services of the Republic of Slovenia.
Prior to the submission of the application the applicant must have registered activity; the applicant's medium must be entered in the register of media.
The applicant submits a written application for the acquisition of the permit that must contain:
- data on the broadcaster of the radio or television programme,
- indication of activity that is envisaged for implementation,
- name of the radio or television programme that will be broadcast,
- completed form on basic programme demands that the broadcaster will consider at programme distribution.
The Agency issues the permit upon the preliminary opinion of the Broadcasting Council.After each public tender, where the broadcaster was granted the right to the use of radio frequencies for programme distribution in analogue technology or the right to programme distribution on the tendered area in digital technology, the Agency will supplement the broadcaster's permit with additional programme requirements assumed by the broadcaster at the public tender, i.e. by issuing a new permit to the broadcaster.
The old permit ceases to apply. Based on the application of the permit's holder, the basic programme demands under the permit may be altered, whereas the purpose of broadcasting and the basic content starting points for the programme may not significantly change. Additional programme demands cannot be altered.
The holder of the permit can transfer their right arising from the permit with a legal transaction to another legal or natural person that fulfils the prescribed conditions for the acquisition of the permit, whereas, programme requirements must remain unaltered.
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Programme providers can apply to two different public tenders:
- for acquiring radio frequencies for implementing analogue broadcasting and
- for obtaining the right for programme distribution on the tendered area in the digital broadcasting technology.
The public tender procedure is managed and selected by the Agency for Communication Networks and Services of the Republic of Slovenia based on an explained proposal of the Broadcasting Council and in accordance with the law on electronic communication.Prior to the application to the public tender, the applicant will acquire a permit for the implementation of radio or television activity.