Author: dr. Rado Bohinc
Editor: Rogers Blanpain, Frank Hendrickx,Published by: Kluwer Law International, Alphen aan den Rijn cop. 2015
In the first part of the book, there is an overview of media markets and landscape in Slovenia and main actors in the field of public and private radio broadcasting and print media. Also technical infrastructure as electronic communications network, equipment, services, including electronic signature and cable penetration are analysed. In addition, institutional infrastructure like Electronic Communications Council of the RS, Communications Networks and Services Agency, ACOS (APEK) and The Inspectorate of the RS for Electronic Communications and Electronic Signature are presented. Following technological and economic developments on the media markets is introduced as digital television, new media, convergence of media products and film and audio-visual industry are described in the book. Sources of media law starting with the Constitution, legislation and implementation decrees, related to media and to broadcasting and journalist ethical codes and case law from the field are further elaborated.
Separately the journalists’ profession, journalists’ rights, the role of journalists as watchdogs of society, journalists’ independence in written press and in audio visual media is presented from the legal point of view. Also issues as journalists’ and editorial liability, defamation and libel, privacy, right to reply, protection of journalistic sources and access to public information in written and audio visual media is legally elaborated and presented in the book.
The following issues are also elaborated in the book: regulation, history, organization and financing of public and private broadcasting is further presented (different categories of private broadcasters, licensing requirements for radio and television broadcasters, content obligations (quota), language requirements and protection of minors and human dignity (prohibition of hate speech).
Rules on political independence of broadcasters, fair representation in election periods, political advertising and on the other hand. Different forms of commercial communications, restrictions on content, time and frequency restrictions, sponsorship and product placement are also part of the book. Ownership restrictions, restriction of concentration, the issue of incompatibility of performing radio and television activities and restrictions of board member positions are further presented.
Article 39 of the Constitution of Slovenia stipulates freedom of expression as one of the fundamental constitutional freedoms. Freedom of expression encompasses freedom of thought, freedom of speech and freedom of public appearance. Freedom of expression further on includes freedom of the press and other forms of public communication and expression. According to the Constitution of Slovenia freedom of expression shall be guaranteed. Constitution of Slovenia guarantees everyone to freely collect, receive and disseminate information and opinions. Except in such cases as are provided by law, everyone has the right to obtain information of a public nature in which he/she has a well-founded legal interest under law (Article 39 of the Constitution of Slovenia).
The right to correct published information which has damaged a right or interest of an individual, organization or body is guaranteed, as it is the right to reply to such published information (Article 40 of the Constitution of Slovenia). Both rights (Correction and Reply) are in details elaborated in the respective Law on Mass Media.