[Unofficial translation]
[Excerpts]
Act of 3rd May 2004, no. 112
“Basic rules on the arrangement of the radio and television system
and the RAI-Radiotelevisione italiana Spa, as well as delegation to the
Government of the enactment of a consolidation act on radio and television”
published in Gazzetta Ufficiale no. 104, on 5th May 2004 – Ordinary
Supplement no. 82
Chapter I
GENERAL PRINCIPLES
[…]
Section 3.
(Basic principles)
Fundamental principles of the radio and television systems are the freedom
and plurality of the radio and television mass media, the protection of
each individual’s freedom of expression speech, including the freedom
of opinion and the freedom of receiving or disseminating information or
ideas without limit or frontiers, the objectivity, the completeness, the
loyalty, the impartiality of the information, the broad-mindedness of
different opinions and the political, cultural, social and religion trends,
and the safeguarding of the ethnic diversity and cultural, artistic and
environmental heritage, at local and national level, by respecting freedom
and rights, particularly those referring to the dignity of the individual,
of the promotion and protection of the welfare, of the health and harmonic
physical, psychic and moral development of the child, guaranteed by the
Constitution, by the Community law, by the international rules in force
in the Italian law system, and by the regional and state laws.
[…]
Section 5.
(Principles on safeguarding pluralism and competition in the radio
and television system)
1. By guaranteeing the pluralism of the radio and television mass media,
the radio and television system is based on the following principles:
a) protection of the competition in the radio and television market,
of the mass media and the advertising market, and protection of the
pluralism of the radio and television media, by forbidding the constitution
or maintenance of harmful actions towards pluralism, in accordance with
the criteria set in this Act, even through joint or controlled subjects,
and ensuring the most transparency possible of the corporate ownership
structures;
[…]
i) specific measures for the protection of the broadcasting for the
language minorities recognised in this Act;
[…]
Section 6.
(General principles on information and further obligations of the
public service within the radio and television area)
[…]
4. This Act identifies further and specific obligations of the public
service which must be fulfilled by the concessionaire company of the general
public radio and television service in all its programmes. This not only
includes information programmes but also European audiovisual productions
made by independent producers, in order to favour education, social growth
and progress, to promote the Italian language and culture, to safeguard
the national identity and to ensure useful social benefits.
[…]
Section 7.
(General principles on local radio television broadcasting)
1. local radio and television broadcasting enhances and promotes local
or regional culture, in the framework of the political, cultural and linguistic
unity of the State. The rules concerning the protection of language minorities
recognized by this Law will apply.
[…]
Section 12.
(Efficient use of the electromagnetic spectrum)
[…]
3. The Authority for the guarantees in communications adopts and updates
the national plan for allocation of radio and television frequencies with
digital technique ensuring, in the whole territory of the State, efficient
and plural use of the radio resource, equal coverage, rational distribution
of resources among the operating subjects at national and local level,
, in accordance with the principles set in this Law, and a reserve for
the linguistic minorities recognised in this Law.
[…]
5. The plan for the allocations as well as the successive modifications
and integrations are subordinated to the opinion of the regions in accordance
with the location of the plants and, with the aim of protecting linguistic
minorities, the plan is also subordinated to the consultation to the autonomous
regions of Valle d’Aosta and Friuli Venezia Giulia, and to the autonomous
provinces of Trento and Bolzano. Opinions and arrangements are reached
in accordance with the proceedings set in section 1, of the Law of 30
April 1998, no. 122.
[…]
Chapter IV
OBLIGATIONS OF THE GENERAL PUBLIC RADIO AND TELEVISION SERVICE AND REFORM
OF RAI-RADIOTELEVISIONE ITALIANA SPA
Section 17.
[…]
2. The general public radio and television service, in accordance with
section 6, paragraph 4, guarantees, anyhow:
[…]
d) the access to programmes, in accordance with the limitations and
the modality set in the law, in favour of the parties and groups represented
in the Parliament, in assemblies and in the regional councils, of the
organisations of the local autonomies, of national trade unions, of
religious confessions, of political movements, of the cultural and political
associations and bodies, of national co-operation associations legally
recognised, of the associations devoted to social promotion, recorded
in the national and regional registry, of the ethnic and linguistic
groups and of other groups of relevant social interest which may request
them;
e) the constitution of a society for the production, distribution and
broadcasting of radio and television programmes abroad aiming at the
knowledge and enhancement of the Italian language, culture and industry
through the use of programmes and by spreading the most relevant national
audiovisual productions;
f) the radio and television broadcasting in Ladin or German for the
autonomous province of Bolzano, in Ladin in the case of the autonomous
province of Trento, in French for the autonomous region of Valle d’Aosta
and in Slovene for the autonomous region of Friuli Venezia Giulia;
[…]
r) the promotion and enhancement of decentralised production centres,
in particular for the purposes set in letter b) and for the demands
for the promotion of cultures and local language instruments.
[…]
Section 26.
(Specific provisions for the autonomous region of Valle d’Aosta
as web as for the autonomous provinces of Trento and Bolzano)
1. Without prejudice to the respect of the fundamental principles set
in this Law, the autonomous region of Valle d’Aosta and the autonomous
province of Trento and Bolzano will see to the purposes of this Law in
the scope of the specific competences in accordance with the sense of
the special Statue and guidelines, also taking into account the provisions
of the chapter V of the second part of the Constitution for the parts
which establish modalities of autonomy wider than those already attributed.
[…]
Section 28.
(Abrogation)
1. The following provisions are repealed:
a) law 14 April 1975, n. 103, excluding sections 1, third, forth and
fifth sub-sections, 4, 6, 17, 19, 20 e 22 and title III, IV e V, which
remain in force as regards the compatibility with this Act, except for
what is provided in section 20 of this Law;
b) section 3, sub-section 1, letter b), of the law 25 February 1987,
n. 67;
c) sections 1, 2, excluding the third sentence of the sub-section 2,
and 15, sub-sections from 1 to 7, of the law 6 August 1990, n. 223;
d) section 4, sub-section 1-bis, of the decree-law 19 October 1992,
n. 408, converted with modifications into law 17 December 1992, n. 483;
e) law 25 June 1993, n. 206, except for section 3 and 5, excluding,
however, what is provided in section 20 of this Law.
f) section 2, sub-sections 1, 6, limited to the first three sentences,
8, 9, 10, 11, 14, 15 and 19, and section 3, sub-sections 6, 7 and 9,
of the law 31 July 1997, n. 249;
g) section 2, sub-section 4, of the decree-law 18 November 1999, n.
433, converted with modifications into law 14 January 2000, n. 5.
Section 29.
(Entry into force)
1. This Law enters into force the day after its publication in the Gazzetta
Ufficiale.
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