Regulatory Guide on conducting inspections of broadcasters and programme service providers entered into force
Information on registration by the Ministry of Justice of Ukraine of the Decision of the National Council No. 2127 of November 9, 2017, that approved amendments to the Regulatory Guide on conducting inspections of broadcasters and programme service providers, registration of records on administrative offenses and on violation of the legislation on advertising, was published on the website of the “Official Bulletin of Ukraine”. Registration of this regulatory act took place on December 5, 2017, under reg. No. 1468/31336. The document was published in the “Official Bulletin of Ukraine” No. 002 from January 5, 2018.
The reasons behind amending the Regulatory Guide were the changes introduced to the legislation in the broadcasting area, in particular regarding the share of the national audiovisual product, the share of songs (verbal and musical works) in the state language and official languages of the European Union in the general amount of songs broadcast throughout the day, as well as during the time intervals, the share of programmes, conducted in the state language.
Moreover, the document provides for the conduct of desk inspections by the National Council in cases that do not require obtaining documents from licensees. At the same time, the general procedure of their appointments remains unchanged. In addition, the need to carry out scheduled inspections of programme service providers was cancelled; only the option of carrying out off-schedule inspections of this activity remains, in case where such need may arise as a result of monitoring or complaints.
The new edition of the Regulatory Guide regulates the conduct by the National Council of monitoring of TV and radio programmes; contains definitions of types of monitoring; lists information to be contained in the act of monitoring of programmes of TV and radio organizations and in the act of monitoring of programme services providers; specifies the procedure for conducting inspections and issuing an inspection certificate; lists the rights and obligations of the authorized persons of the National Council, who carry out inspections, and the rights and obligations of the licensees during the inspections.