Media Study - Medija centar Beograd
Media Study - Medija centar Beograd
Media Study - Medija centar Beograd
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procedure to be heard on the facts which have given cause to the procedure. The<br />
broadcaster’s representative has the right to attend the Council session at which the<br />
revocation of the licence is discussed and to orally plead the broadcaster’s defence at that<br />
opportunity.<br />
The Council decision on revoking the broadcasting licence shall be reached by a twothirds<br />
majority of all the Council members.<br />
The decision in para 3 of this Article must be duly reasoned.<br />
The broadcaster, whose broadcasting licence has been revoked, has the right to file an<br />
objection to the Council within eight days after the Council has delivered it the decision.<br />
The objection stays the implementation of the decision.<br />
An administrative lawsuit may be launched against the Council decision on the objection.<br />
The broadcaster shall forthwith obey the final Council decision on licence revocation,<br />
and if it fails to comply, the procedure of forced Council decision execution shall be<br />
applied in keeping with this Law.<br />
Broadcasting Licence Revocation as a Sanction for Violating Broadcaster<br />
Obligations<br />
Article 63<br />
The Council shall pronounce a temporary broadcasting licence revocation lasting up to 30<br />
(thirty) days against a broadcaster which, despite the warning pronounced in terms to<br />
Article 18 of this Law, continues failing to abide by the provisions of this Law or<br />
regulations passed on the basis of it or does not abide by the terms embodied in the<br />
broadcasting licence or does not act pursuant to measures for remedying the violations<br />
specified in the Council warning.<br />
The permanent revocation of a broadcasting licence shall be pronounced against a<br />
broadcaster which has not fulfilled its obligations and has previously been punished at<br />
least three times by temporary broadcasting licence revocation.<br />
Broadcasting Licence Expiration<br />
Article 64<br />
A broadcasting licence shall no longer be valid upon expiration of the term for which the<br />
broadcasting licence was issued unless the Agency has reached a decision on its<br />
extension in keeping with Article 59 of this Law.<br />
Procedure of Forced Execution of Council Decision<br />
Article 64a<br />
The Council decision on licence revocation, or on prohibition of programme<br />
broadcasting, shall be delivered forthwith to the broadcaster, or the natural or legal<br />
person broadcasting the programme without the broadcasting licence.<br />
If the authorised person of the broadcaster, or the natural person or the authorised person<br />
of the legal person broadcasting the programme without the licence, refuses to receive the<br />
Agency decision referred to in para 1 of this Article, that decision shall be deemed<br />
delivered when attached by the Agency's authorised person to the entrance door of the<br />
business premises used by the broadcaster, or the natural or legal person broadcasting the<br />
programme without the licence.<br />
The broadcaster whose broadcasting licence has been temporarily or permanently<br />
revoked, as well as the legal or natural person broadcasting the programme without the<br />
licence, shall cease broadcasting the programme immediately after the Council decision<br />
on licence revocation or the decision on prohibition of programme broadcasting becomes<br />
final.<br />
If the broadcaster, or the natural or legal person broadcasting the programme without the<br />
licence, does not cease broadcasting the programme themselves within the time limit<br />
referred to in para 3 of this Article, the Council decision shall be executed by the person<br />
employed with the Agency and authorised by the Council, by sealing the premises<br />
containing the telecommunication equipment of the broadcaster, or the natural or legal<br />
person broadcasting the programme without the licence, including the radio station.<br />
The person authorised for forced execution of the Council decision shall be issued an<br />
identification card which that person shall present to the broadcaster's authorised person<br />
or other interested person, or the natural person or the authorised person of the legal<br />
person broadcasting the programme without the licence, when entering their business<br />
premises for the purpose of forced execution of the Council decision.<br />
The contents and form of the identification card referred to in para 5 of this Article shall<br />
be prescribed by the Council.<br />
In executing the procedure referred to in para 5 of this Article, the Agency shall be<br />
entitled to seek help of the Ministry of Interior, if needed.<br />
Revision of Terms Set in the Radio Station Licence<br />
Article 65<br />
The terms set in the radio station licence may be revised by the telecommunications<br />
regulatory authority during the work of that radio station only in keeping with a separate<br />
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