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1 F092.22/5617 HELLENIC REPUBLIC MINISTRY OF INTERIOR GENERAL SECRETARIAT OF COMMUNICATION GENERAL SECRETARIAT OF INFORMATION Directorate of Media Supervision Department of Administrative Media Supervision Athens, September 9th, 2009 Ref. No Subject: «Terms, conditions and media presentation during the pre-election period of political parties and party coalitions represented in the Hellenic Parliament and the European Council, in public and private radio and television stations of free reception as well as in subscriber radio and television service providers of all descriptions, during the parliamentary elections to be held on the 4th of October 2009» RESOLUTION THE MINISTER OF INTERIOR Having regard to: 1. The provisions of: a) Articles 10 and 30 par. 2 of Law 3023/2002 on the «State financing of political parties, income and expenses, media presentation, publicity and financial auditing of political parties and candidate MPs» (Gov. Gaz. 146 A ); b) Articles 45 and 47 par. 4 of Pres. Decree 96/2007 (GG A 16); c) Law 2328/1995 on the «Legal status of private television and local radio, regulation of issues related to radio and television market, miscellaneous provisions» (GG 159 A ) and Law 2644/1998 on the «Rendering of subscriber radio and television services and related provisions» (GG 233 A ), as currently in force; d) Pres. Decree 127/2009 on the «Dissolution of Parliament, announcement of MP elections and convocation of a new Parliament» (GG 174.A / ); e) Article 44 par. 1 of Law 3734/2009 (GG 8 A ); 1
2 f) Pres. Decree 206/2007 on the «Appointment of Ministers and Deputy Ministers» (GG 232 A ); g) Article 90 of Pres. Decree 63/2005 on the «Government and Governmental Organs» (GG 137 A ); h) Article 7 par. 1(a) and par. 1(b) of Law 3603/2007 on «Regulating issues related to public opinion polls» (GG 188 A ) as re-enacted by article 13 of Law 3783/2009 (GG 136 A ); 2. Opinion No. 8271/ (Minutes of Proceedings No. 1) of the National Council of Radio and Television. 3. A proposal made on by the Central Electoral Committee, established under Decision No /2009 rendered by the Minister of Interior on the «Establishment of a Central Electoral Committee» (GG 1905 B ). 4. The fact that the provisions hereof incur no expenses to be borne by the state budget. WE HEREBY RESOLVE During the pre-election period of the parliamentary elections to be held on the 4th of October 2009, the following regulations shall apply as regards the terms of media presentation of the political parties and party coalitions which participate in the Hellenic Parliament and the current European Parliament, in public and private radio and television stations of free reception, as well as in subscriber radio and television service providers of all descriptions, which are legally operating according to the applicable laws on broadcasting: 2 1. «Hellenic Radio and Television S.A.» ( ERT S.A. ) shall transmit, within its national radio and television network, a 60-minute interview of the leader of each political party or party coalition. ERT S.A. shall permit the live re-transmission of interviews and shall make available, free of charge, the content of the related video or audio recordings to any informative private radio or television station, which is legally operating and does request the same.
3 2. ERT S.A. shall also transmit within its national radio and television network during afternoon program hours, a 60-minute Press Conference held by the leader of each political party or party coalition. Informative private radio and television stations of free reception, broadcasting nationally, regionally and locally, shall be under the same obligation to transmit such Press Conference on the same day, either live or recorded. In case of a recorded transmission, starting and ending of transmission must take place between Par. 1(b) shall also apply to the press conferences mentioned in this paragraph. Speeches, interviews and statements made by the leaders of political parties or party coalitions during the 74th Thessaloniki International Fair do not fall under the scope of the pre-election period and, therefore, are not subject to the restrictions hereof. 3. ERT S.A. and the legally operating informative private radio and television stations of free reception broadcasting nationally, regionally and locally shall organize at least four integral round table discussions with representatives of the political parties or party coalitions hereof. Such discussions shall be held between hours ERT S.A. shall cover one (1) pre-election rally or any other pre-election political event to be held by each political party or party coalition, to be chosen by the parties themselves. Furthermore, ERT S.A. shall cover through its «Hellenic Television 3» channel ( ET-3 ), one (1) pre-election rally or any other pre-election political event to be held by each political party or party coalition in the city of Thessaloniki or any other city of Northern Greece, as may be possible by using the available technical means of ET-3 station. Par. 1(b) shall apply in this case as well. 5. ERT S.A. and the legally operating informative private radio and television stations of free reception broadcasting nationally, regionally and locally, as well as the subscriber radio and television service providers of all descriptions shall provide, free of charge, 10 minutes every week to each political party and party
4 coalition in order for them to present their program or any other political activity may be chosen by the parties themselves. Shifting or aggregation of such 10-minute periods is not allowed. By way of exception, the first week s 10-minute period may shift to the second week only. During such 10-minute periods, political parties or party coalitions may transmit advertising messages which may not be longer than one third (1/3) of each 10-minute period given. 6. ERT, informative private radio and television stations of free reception and subscriber radio and television service providers may not transmit messages of individual candidate MPs or indirectly present or making references to them during programs other than the ones of political dialogue. 7. The time provided for the transmission of advertising messages by political parties or party coalitions in the television stations of national range as well as in the subscriber radio and television service providers through satellite, may not exceed the twenty per cent (20%) of the daily transmission time of their radio or television programs. 4 Allocation of such time may not exceed 4 minutes per hour, not admeasured therein the allowable hourly limit of twelve (12) minutes for the transmission of advertising messages. Transmission of such messages shall be effected from to The overall time for message transmission of N.D., PA.SO.K., K.K.E., SY.RIZ.A., LA.O.S., ECO-GREENS political parties in the private television stations of national range shall correspond to an amount of six million (6,000,000 ) euros, whereas for subscriber radio and television service providers through satellite such sum shall amount to two hundred fifty thousand (250,000 ) euros, according to the price lists certified by the competent Tax Office on the date hereof. Time allocation rates shall be as follows:
5 Nea Dimokratia: 37.50%, PA.SO.K.: 37.50% K.K.E., SY.RIZ.A., LA.O.S., ECO-GREENS: 25%, depending on their electoral power achieved during the elections held on the 16th of September 2007, i.e.: K.K.E.: 8.15%/18.04x25%=11.29% SY.RIZ.A.: 5.04%/18.04x25%=6.98% LA.O.S.: 3.80%/18.04x25%=5.27% ECO-GREENS: 1.05%/18.04x25%=1.46% Therefore, the following message prices correspond within private television stations of national range: N.D.: 2,250,000, PASOK: 2,250,000, K.K.E.: 677,661, SY.RIZ.A.: 419,069, LA.O.S.: 315,965, ECO-GREENS: 87,306 and within subscriber radio and television service providers through satellite: Nea Dimokratia: 93,750, PASOK: 93,750, K.K.E.: 28,236, SY.RIZ.A.: 17,461, LA.O.S.: 13,165 and ECO-GREENS: 3,638. Time allocation for the transmission of advertising or social messages made by political parties or party coalitions within the public and private television stations corresponds to the following sums: MEGA CHANNEL 1,678,480 euros, ANTENNA TV 1,038,933 euros, ALPHA TV 854,160 euros, STAR 878,111 euros, ALTER 550,845 euros, SKY 360,000 euros, MACEDONIA TV 8,272 euros, 902 ARISTERA STA FM 31,198 euros, ET1, NET & ERT 3 600,000 euros. 5 During the pre-election period, no messages may be transmitted by entities other than political parties or party coalitions, the content of which might be, directly or indirectly, deemed as political. 8. The time given for the transmission of advertizing messages by political parties or party coalitions in the private television stations of regional and local range, as well as in the local radio stations, shall be five (5) minutes per day. Such messages may be transmitted from to hours. Such transmission time shall be allocated on a weekly basis as follows: N.D %, PASOK: 37.50% and for the political parties K.K.E., SY.RIZ.A., LA.O.S., ECO-GREENS, it shall
6 depend on their electoral power achieved during the elections held on the 16th of September 2007 (25%) as detailed in the previous paragraph. An indicative allocation of such time per day is as follows: N.D.: minutes, PA.SO.K.: minutes, K.K.E.: minutes, SY.RIZ.A.: minutes, LA.O.S.: minutes and ECO-GREENS: minutes. 9. The transmission time of advertising or social messages made by political parties or party coalitions in ERA radio shall be ten (10) minutes per day. Such time shall be allocated as follows: N.D.: 3.75 minutes, PA.SO.K.: 3.75 minutes, K.K.E.: minutes, SY.RIZ.A.: minutes, LA.O.S.: minutes and ECO- GREENS: minutes. 10. ERT S.A., legally operating private radio and television stations of free reception broadcasting nationally, regionally and locally, as well as subscriber radio and television service providers of all descriptions shall give one third (1/3) of their news broadcasting programs for the presentation of the parties and coalitions preelection activities. News broadcasting programs that last less than five (5) minutes shall be excluded from such obligation Public television and radio stations, legally operating private radio and television stations of free reception broadcasting nationally, regionally or locally, as well as subscriber radio and television service providers of all descriptions shall be responsible for the observance of the proportional equality principle during their news broadcasting, political dialogues, information programs, interviews on the parties or coalitions positions and activities. Observance of the proportional equality principle shall govern their news broadcasting and programs in general, so that citizens are substantially informed on the parties or coalitions positions and activities. Such practice shall be monitored according to applicable laws. 12. Public and private television stations of national, regional and local range, as well as radio stations shall ensure, under the context of proportional equality which
7 must govern political dialogue programs, the broadest possible participation of political parties representatives, so that the parties or coalitions positions are best presented. Observance of the proportional equality principle shall be monitored for all the programs transmitted during the pre-election period. 13. Payment of any financial or other consideration to radio and television stations for the participation of parties or coalitions or candidate MPs in news or other programs is forbidden. 14. Public and private radio and television stations of free reception, as well as subscriber service providers shall not transmit or re-transmit any public opinion poll or poll result, made nationally or locally in any manner whatsoever, in relation to political tendencies, views and preferences of the public on political parties, political positions and persons or any other issues directly related to the elections mentioned herein, fifteen (15) days before the election day, i.e. after the 18th of September As for the rest, the conduction and re-transmission of polls and public opinion gallops during the pre-election period shall be governed by the provisions of Law 3603/2007 as currently in force One day before and on the elections day until 19.00, the transmission of advertising messages and rallies of political parties shall not be allowed, neither any programs of political dialogue or estimations for the electoral results, save for the statements made by party leaders made during the electoral proceedings. 16. The National Council of Radio and Television (NCRT) shall care for the observance of the obligations hereunder and may request, for the monitoring thereof, any kind of information. Non observance of such obligations shall constitute a violation of the laws governing the operation of private radio and television stations, in the meaning of articles 4 and 8 of Law 2328/1995 and articles 12 and 15 par. 3 of Law 2644/1998, as currently in force. Specifically, non observance of the obligations stipulated in par. 14 hereof shall entail the sanctions provided by Law 3603/2007. The National Council of Radio and Television
8 (NCRT) may, within the context of its related monitoring competences, request radio and television stations to submit, within a reasonable period of time, specific information. 17. The terms, conditions and media presentation in pre-election period of political parties and party coalitions that are not represented in the Hellenic Parliament and the European Council, in public and private radio and television stations of free reception as well as in subscriber radio and television service providers of all descriptions, during the parliamentary elections to be held on the 4th of October 2009, shall be determined according to the procedure of articles 10 par. 1, 12 par. 2 and 30 par. 2 of Law 3023/2002 and article 45 of Pres. Decree 96/2007, after their electoral lists are announced. This resolution shall enter into effect upon its publication with the Government Gazette. Let this resolution be published with the Government Gazette of the Hellenic Republic. THE MINISTER OF INTERIOR 8 Prokopios PAVLOPOULOS Certified exact translation of the attached original in greek Athens, 28/09/2009 The translator Elena ASIMAKI
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