Vprašanje pravnih učinkov pravila obveznega prenosa na način uveljavljanja pravice kabelske retransmisije

Abstract

The author discusses the legal effects of the must-carry rule on the enforcement of the right of cable retransmission when broadcasting RTV programs of special importance. She focuses on the issue of determining the scope of a payment default from the second and third paragraphs of Article 112 of the Media Act (ZMed) in relation to the exercise of the right of cable retransmission, in particular whether the payment defaults also relate to copyright on the RTV programs of special importance and to the question of interpretation of the scope of the remuneration exemption when the cable retransmission right is managed individually. The author notes that the must-carry rule does not exclude the obligation of the operator from the title of acquisition of the right of cable retransmission, even if this right is managed individually. The free of charge clause from Article 112 of ZMed refers solely to the prohibition of the payment of access to the transmission signal itself. They do not relieve operators of the obligation to regulate copyright and related rights in connection with RTV programs of special importance. The author concludes by proposing a legislative amendment of the third paragraph of Article 112 of the ZMed.