Law on public broadcasting and television and the incorporation of the public company Ràdio i Televisió d'Andorra SA

Chapters: I, II, III, IV, V, VI, VII, Appendix I.

Seeing that the General Council in session on 13 April 2000 passed the following Law on public broadcasting and television and the incorporation of the public company Ràdio i Televisió d'Andorra SA


Explanation of reasons

Since the first Law on broadcasting and television in Andorra was passed by the General Council on 12 October 1989 and the amendment to this Law was passed on 13 July 1992, very important changes have occurred both within Andorra and at international level. On the one hand, during this time Andorra has become a constitutional state with all that this fact implies. On the other, with the new information and communication technologies fundamental changes have taken place not only in the working, management and broadcasting of radio and television but also in the manner of understanding society, since new challenges and opportunities have appeared for all who know how to take advantage of them.

In Europe there has begun a process of revising legislation on audio-visual matters which had become obsolete due to the above-mentioned changes. Andorran legislation is no exception to this process.

The aim of this law is to being Andorran legislation on radio and television into line with this process of adapting the legal framework to the new information technologies, to reinforce the nature of a competitive public service in the new global audio-visual environment, to set up new supervisory and control bodies which will see to it that the general principles laid down by this law are respected and to consolidate a system of management and financing which will make in competitive within its media environment.

The law regulates the radio and television system which is declared to be a public state service and which may broadcast using any broadcasting or telecommunication system. The regulation suffices for the state coverage at present in existence but also takes account of the possibility that, once technological systems enabling it have been implanted, it may take the form of a radio and television system which is under indirect management thanks to an administrative concession. The planning, ordering and management of the transporting and broadcasting networks is reserved for the government as the body representing the state before international broadcasting and telecommunication bodies.

Lastly, this law sets up a public joint stock company named Ràdio i Televisió d'Andorra, SA, which is the public company to which the direct management of the public broadcasting and television service is entrusted.

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Heading I. Status of public broadcasting and television

Chapter I. Aim and scope of application

Article 1
1. The aim of this law is to regulate broadcasting and television services which are declared essential state-owned public services.
2. Diffusion of the public broadcasting and television service may be done by analogical or digital system using hertz waves, satellite or cable, and may include programs of a general or thematic nature, open or coded, non-paying or paying, including interactive telecommunication services such as the pay to watch, video on demand and other systems which may hereafter be developed.
3. The planning, ordering and management of the broadcasting and telecommunication networks as well as their functional allocation to radio and television programs is reserved for the government in accordance with international agreements and current legislation.

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Chapter II. General provisions

Article 2
Public broadcasting and television services must make their programming and programs subject to the following general principles:
a) Respect for the principles laid down in the Constitution of the Principality of Andorra and the rights and freedoms recognized and guaranteed by it.
b) Objectivity, truthfulness and impartiality of information.
c) Respect for the freedom of expression and information.
d) Respect for the right to honour, personal and family intimacy and personal dignity.
e) Respect for political, cultural and social pluralism.
f) The promotion of the language and carrying out of the cultural, educational and social mission proper to Andorra.
g) Respect for and special attention to young people and children both in the treatment of content and general programming.
h) Respect for the principles of equality and non-discrimination on account of birth, race, sex or any personal or social circumstance.

Article 3
During election campaigns the special system of compliance with electoral rules must be applied.

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Chapter III. Management of the public service

Article 4
The public broadcasting and television service shall be directly managed by a public state-owned company to be called Ràdio i Televisió d'Andorra, SA.

Article 5
The management of public radio and television services not owned by Ràdio i Televisió d'Andorra, SA, shall require prior administrative concession which must be approved by the General Council (Parliament).

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Chapter IV. The Andorran Audio-visual Council

Article 6
The Andorran Audio-visual Council is the advisory and consultative body to the government of the Principality of Andorra and the management company Ràdio i Televisió d'Andorra, SA. The government will give it financial and administrative support-
This body shall carry out its tasks in institutional and working autonomy.

Article 7
1. The Andorran Audio-visual Council consists of five members of recognized technical and professional competence appointed and dismissed by the General Council by a majority vote of three quarters of its members. The mandate of the members of the Andorran Audio-visual Council is for five years.
If a first vote does not obtain the majority required in the foregoing paragraph, candidates obtaining an absolute majority on a second vote shall be elected.
2. The chairmanship of the Andorran Audio-visual Council is held on a working basis for periods of six months by rotation from older to younger of its members.
The chairman of the Andorran Audio-visual Council represents it in law; organizes, co-ordinates and sets in motion its activities; summons, chairs, suspends and closes meetings and acts as moderator in its debates. If the chairman is absent or sick, he or she is replaced in his or her functions by the oldest member.
3. The post of secretary of the Andorran Audio-visual Council is held on a working basis for periods of four months by rotation from younger to older of its members. The secretary draws up the minutes of the sessions and issues certificates of resolutions countersigned by the chairman.
4. To be validly met, the Andorran Audio-visual Council requires the presence of at least three of its members. The Andorran Audio-visual Council meets at least once a month and in all cases whenever requested by two of its members. The summoning must be done with at least forty eight hours' notice giving the agenda unless the meeting is decided upon when all members are present and met.
5. In the exercise of its functions the Andorran Audio-visual Council may request the presence with right to speak but not to vote of the managing director of Ràdio i Televisió d'Andorra, SA. This summoning must be done with five days' notice.
6. Resolutions of the Andorran Audio-visual Council are taken by a majority of the members present. In the case of a stalemate, the chairman shall have the casting vote.

Article 8
The Andorran Audio-visual Council is competent:
a) To deal in writing with the consultations and issue the reports requested of it by the government and the general manager of the company Ràdio i Televisió d'Andorra, SA, on matters related to radio and television. In all cases reports on draft laws or regulations related to matters audio-visual are preceptive but not binding.
b) To exercise functions relating to the right to rectification entrusted to it under chapter V of this heading.
c) To issue an annual report on the basic principles and lines of programming. To also report on the grids of this programming presented to it every six months by the general manager of public radio and television.
In particular, the Andorran Audio-visual Council shall see that the rights of minorities, children and young people are respected and that there is no discrimination on grounds of race, sex, religion and opinion.
d) To issue a preceptive report on the draft for the overall budget drawn up by the general manager prior to its submission to the government.
e) To examine questions which, while not falling under its competence, may be submitted to it for consideration by the general manager of Ràdio i Televisió d'Andorra, SA.

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Chapter V. Right to rectification

Article 9
1. Anyone who considers that he has been damaged by the broadcasting of untrue data or facts touching himself may request the general manager of the company Ràdio i Televisió d'Andorra, SA, within seven days of said broadcast, to broadcast the relevant rectification.
2. The request must give reason. The general manager must answer accepting or refusing the request within the three following days if the program is a daily one; in other cases, within at most seven days. If he does not reply, the request is to be considered as refused.
3. An appeal against the decision of the general manager may be filed within the following seven days with the Andorran Audio-visual Council which shall give the general manager a time limit of two days to give reasons why he has not broadcast the rectification and shall decide on the course to be followed within a further period of three days.
4. Once decided upon, the rectification must be broadcast within the following three days in audience conditions equivalent to those of the space in which the data or facts subject to rectification were broadcast. If the decision of the Andorran Audio-visual Council does not provide for rectification, the person who has demanded the rectification may file a plaint with the Civil Section of the Magistracy which shall be dealt with by abridged procedure.
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Chapter VI. Parliamentary control

Article 10
A permanent legislative commission of the General Council shall exercise control and see to it, through the general manager, that the activities of Ràdio i Televisió d'Andorra, SA, comply with the principles set out in article two of this law.

Heading II. Of the public company Ràdio i Televisió d'Andorra, SA

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Chapter VII. Incorporating the public company Ràdio i Televisió d'Andorra, SA

Article 11
To manage the public broadcasting and television services run directly by the state it is decided to set up the public company Ràdio i Televisió d'Andorra, SA, in the legal form of a joint stock company which shall subject its organization, activities and system of functioning to the by-laws appendixed to this law and be subject to the financial control set out in the general law on public finance.

Article 12
The company Ràdio i Televisió d'Andorra, SA, contains the following points in its by-laws:
a) Its aim consists in:
i) The production, edition, importing and dubbing of all manner of image and sound documents and their marketing and broadcasting by hertz waves, satellite or cable, whether as general or thematic programs, coded or uncoded, through systems of free access or pay per wiew or others which may be set up in the future.
ii) The management of its own television and radio chains.
iii) The broadcasting of official statements or communiqués of public interest, of political propaganda at the times and in the manner prescribed by law, the marketing and sale of its products and, in a limited measure, advertising.
Any other activity accessory or complementary to the main aim indicated above is also an aim of the company.
b) The founding capital is one hundred million pesetas (100,000,000 PTA). Company capital is one hundred percent state owned and may not be assigned, mortgaged, encumbered, pledged or ceded in any manner whether for a consideration or not.
c) The government acts as the general assembly of said joint stock company. The company is governed by a general manager who is considered as the sole administrator and is responsible for company administration and programming the radio and television programs. The general manager is empowered to represent the company in and out of court and his powers of representation cover all actions included in the company aim defined in the by-laws.
d) The general manager is appointed by the government after advice from the Andorran Audio-visual Council and his mandate shall last for one legislative period although he may continue to exercise office until he is ratified or replaced.
e) Apart from the reasons defined in the Regulation for merchant companies, the office of general manager is incompatible with any public office whether elected or appointed and also with any link with other means of communication or advertising companies, companies producing programs or related to the supply or provision of radio and television material. If a reason for incompatibility arises, the general manager may be required to accept due liability.
f) The government may dismiss the general manager giving reasons for its decision in the following circumstances:
If it considers the financial management to be contrary to the principles of good management
For manifest incompetence
For condemnation for an offence with malice aforethought
If a reason for incompatibility is detected

Article 13
1. For the achievement of the company aim Ràdio i Televisió d'Andorra, SA, has at its disposition the assets and resources which the government shall allocate it and those obtained hereafter through the exercise of its activities.
Ràdio i Televisió d'Andorra, SA, may undertake credit operations to attend to its treasury needs on condition that overall these do not exceed 35% of the revenue from current operations during the preceding financial year.
2. It also has at its disposal the goods belonging to national assets which the General Council may allocate to it on a proposal from the government.
3. The goods from national assets allocated to Ràdio i Televisió d'Andorra, SA, are legally goods in the public domain.
Ràdio i Televisió d'Andorra, SA, has full autonomy for the ordinary and extraordinary administration of the goods in the public domain allocated to it, which it may use only to achieve its aims. If any such goods allocated to it cease to be necessary to carry out the aims of the service which they render, they shall be disaffected or returned to national assets.

Article 14
1. Ràdio i Televisió d'Andorra, SA, is financed by means of subsidies included in the budget of the Principality and the commercial revenue which it obtains from advertising, the sale of its products or any other revenue coming from the activity defined in its company aim.
2. Each year the general manager presents the government with a first draft for the yearly budget in which the ordinary subsidies for investment and running shall figure for consideration and, if such be the case, for inclusion in the draft general budget of the state.
3. The budgets, accountancy and financial control of the company are subject to the provisions of the general law on public finance and the relevant provisions for implementation.
4. Each year the general manager shall present the government, for its approval and control, with the following documents:
The liquidation of the budget
The balance sheet and running account for the financial year
The account summarizing commercial operations
A statement on variation of funds for manoeuvres
A table of financing

Article 15
The government may have programmed and broadcast all the official statements and communiqués of public interest which it considers necessary, indicating their source.


Transitional provisions

First
The government is empowered to underwrite all the capital of Ràdio i Televisió d'Andorra, SA.

Second
The government is empowered to decree the rules for allocating the assets at present in the possession of or held by ORTA which shall be transferred to Ràdio i Televisió d'Andorra, SA, so that this latter may function as soon as it is incorporated.

Third
Until the foregoing transitional provisions have been carried out, ORTA shall continue to carry out its duties under the laws abolished by this law, which laws shall continue to be applicable until such time as the functioning of the bodies and companies set up under this law is effective.

Fourth
Until such time as the system of administrative concessions laid down in article five of this law has been regulated, the radio and television stations existing at the time when this law comes into effect shall continue under the same conditions as at present.

Derogatory provision
One
The laws of 12 October 1989 and 13 July 1992 on radio broadcasting and television in Andorra as well as laws of similar or lesser rank which are contrary to the provisions of this law are hereby abolished.


Final provisions

First
Chapter V of this law is qualified in nature.

Second
The government is empowered to decree the regulatory provisions for carrying out, implementing and applying this law.

Third
This law shall come into force as soon as it is published in the Official Gazette of the Principality of Andorra.

Casa de la Vall, 13 April 2000
Francesc Areny Casal
Syndic General

We the co-princes sanction it and promulgate it and order it to be published in the Official Gazette of the Principality of Andorra.
Jacques Chirac
Joan Marti Alanis
President of the French Republic
Bishop of Urgell
Co-prince of Andorra
Co-prince of Andorra


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Appendix I

Statutes of the public company Ràdio i Televisió d'Andorra, SA

I. Name, aim, legal status, duration and registered offices

Article 1
The name of the company is "Ràdio i Televisió d'Andorra, SA", abridged as "RTVA, SA".

Article 2
The company aim is:
a) The production, edition, importing and dubbing of all manner of image and sound documents and their marketing and broadcasting by hertz waves, satellite or cable, whether as general or thematic programs, coded or uncoded, through systems of free access or pay per wiew or others which may be set up in the future.
b) The management of its own television and radio chains.
c) The broadcasting of official statements or communiqués of public interest, of political propaganda at the times and in the manner prescribed by law, the marketing and sale of its products and, in a limited measure, advertising.
Accessorily it may also carry out activities complementary to the aim indicated above which tend to its better achievement.

Article 3
Once entered in the Company Register, the company shall have full legal personality and capacity to operate in the effective exercise of all manner of operations and contracts, whether civil, administrative, commercial and financial or of any other nature, which it may consider necessary or convenient for the better achievement of its company aim.

Article 4
The company shall have an indefinite duration and its operation shall begin on the same day on which it acquires a legal personality.

Article 5
The registered offices of the company are at 24 Baixada del Molí, Andorra la Vella.
The ordinary or extraordinary general assembly may decide to move the registered offices to another town in the Principality and to open delegations, representations, branches and agencies in any place in the country or abroad.

II. Company capital

Article 6
Company capital is one hundred million pesetas (100,000,000 PTA) divided up into one hundred registered shares each with a face value of one million pesetas (1.000.000 PTA).
The initial company capital may be increased or decreased by a resolution of the extraordinary general assembly in accordance with current legislation. Alterations to company capital must be entered in the Company Register.

Article 7
When the deed of incorporation of the company is made, company capital shall be completely underwritten and paid up as set out in said deed.

Article 8
Company capital is one hundred percent state owned and may not be assigned, mortgaged, encumbered, pledged or ceded in any manner whether for a consideration or not.

III. Shares

Article 9
Shares are always registered, taken from a share book and may eventually be represented by provisional certificates.

Article 10
Shares are numbered in sequence and entered in the Share Register provided for by article 23 of the Regulations for companies, in which the legally relevant notes shall be made.

IV. Liability for debts

Article 11
The company is liable for company debts with all its goods, present and future.

V. Governance of the company

Article 12
The company is governed by the general assembly of shareholders and by the general manager who is considered as the sole administrator.

VI. General Assembly of Shareholders

Article 13
The government acts as the general assembly of shareholders which is the sovereign body of the company.

Article 14
The aim of the general assembly is:
a) To examine and, if such be the case, to approve company management and company accounts and the balance sheet for the preceding financial year.
b) To decide on the profit and loss account and the distribution of profits.
c) To decide on the disposal of reserve funds.
d) To examine, approve or reject the budgets presented by the general manager.
e) In general to decide on any other matter submitted to it by the general manager or included on the agenda.

VII. General manager

Article 15
The company is governed, represented and administered by a general manager who is the sole administrator and responsible for programming the radio and television stations. The general manager is empowered to represent the company in and out of court and his powers of representation cover all actions included in the company aim defined in the by-laws.

Article 16
The general manager is appointed by the government after advice from the Andorran Audio-visual Council and his mandate shall last for one legislative period although he may continue to exercise office until he is ratified or replaced.

Article 17
Apart from the reasons defined in the Regulation for merchant companies, the office of general manager is incompatible with any public office whether elected or appointed and also with any link with other means of communication or advertising companies, companies producing programs or related to the supply or provision of radio and television material. If a reason for incompatibility arises, the general manager may be required to accept due liability.

Article 18
The appointment of officers and the granting or revocation of powers of attorney must be entered in the Company Register in the cases required by law.

Article 19
The government may dismiss the general manager giving reasons for its decision in the following circumstances:
If it considers the financial management to be contrary to the principles of good management
For manifest incompetence
For condemnation for an offence with malice aforethought
If a reason for incompatibility is detected

Article 20
The general manager may delegate part of his own attributions and grant powers of attorney to third parties.
In all cases, the powers of attorney granted by the general manager shall be subject to the provisions of article 9.2 of the Regulations for merchant companies or, if such be the case, whatever may be in force hereafter due to legislative amendments.

VIII. Accounts

Article 21
The company is obliged to keep accounts of its operations in the books decided on by the general assembly of shareholders.
In all cases it is compulsory to keep the following accountancy books: daily ledger, main ledger, inventory and balance sheet.

IX. Financial control

Article 22
Financial control shall be directed by the general audit in accordance with the provisions of the general law on public finance. The accounts are to be audited at least once a year.

X. Indebtedness and profits

Article 23
The company may undertake credit operations to attend to its treasury needs on condition that overall these do not exceed 35% of the revenue from current operations during the preceding financial year.

Article 24
All company revenue, under whatever heading, after deduction of all expenditure and amortizations, shall form company profit and be distributed as follows:
a) In all cases at least 10% of company profit shall be allocated to the reserve fund until the latter represents at least 10% of company capital.
b) With regard to the remainder, the general manager shall present the general assembly of shareholders with a proposal for distribution of profit.

XI. Winding up and liquidation

Article 25
The winding up of the company is a matter for the General Council (Parliament).

Article 26
Once the decision to wind up has been taken, the duties of the general manager shall come to an end and the general assembly shall keep the same powers as it had during the life of the company. The general assembly shall appoint one or more liquidators and define their powers.