Estratti dalla - LEGGE 6 AGOSTO 1990, n. 223 -
Disciplina del sistema radiotelevisivo pubblico e privato Art. 8.
Disposizioni sulla pubblicità 1. La pubblicità radiofonica e televisiva non deve offendere la dignità della persona, non deve evocare discriminazioni di razza, sesso e nazionalità, non deve offendere convinzioni religiose ed ideali, non deve indurre a comportamenti pregiudizievoli per la salute, la sicurezza e l'ambiente, non deve arrecare pregiudizio morale o fisico a minorenni, e ne è vietato l'inserimento nei programmi di cartoni animati.
2. La pubblicità televisiva e radiofonica deve essere riconoscibile come tale ed essere distinta dal resto dei programmi con mezzi ottici o acustici di evidente percezione.
3. In relazione a quanto required by the European Communities Council Directive of 3 October 1989 (89/552/EEC) the insertion of advertising during the broadcast of theatrical, film, opera and music is allowed in the intervals normally played in theaters and movies. For works of scheduled duration is more to forty-five minutes is allowed a further break for any act or time. Further interruption is allowed if the scheduled duration of the work is at least twenty minutes two or more acts or forty-five minutes each time.
4. The Guarantor, felt a special committee composed of not more than five members appointed by him from among persons of recognized jurisdiction and determine the works of high artistic value, as well as educational and religious programs that can not be commercial breaks.
5. Is prohibited radio and television advertising of medicines and medical treatment available only on prescription. The Minister of Post and telecommunications issues through a decree on the integration of advertising standards in the implementation of Articles 13, 15 and 16 of the European Communities Council Directive of 3 October 1989 (89/552/EEC).
6. The transmission of advertisements by the public broadcaster can not exceed 4 percent of weekly programming and 12 percent of each hour; any excess, but no more than 2 percent in one hour, must be recovered before or after the hour.
7. The transmission of TV advertisements by private licensees for broadcasting national television can not exceed 15 percent of the daily programming and 18 percent of each hour, any excess, but no more than 2 percent over an hour, must be recovered before or after the hour. An identical limit is set to private dealers authorized under Article 21, to transmit simultaneously on at least twelve catchment areas, with reference to the time of programming simultaneously.
8. The radio broadcast of advertisements by private licensees may not exceed for each hour of programming on 18 per cent for radio nationally, 20 percent for radio broadcasting at the local level, 5 per cent for the radio broadcasting by the national or local dealers community character.
9. The transmission of TV advertisements by private licensees for broadcasting locally can not exceed 20 percent of every hour of programming and 15 percent of the daily programming. Any surplus not exceeding 2 per cent in one hour, must be recovered in the hour before or after.
10. Local advertising is reserved for private licensees for broadcast locally: thus the private licensees for radio and national television and the public broadcaster must transmit advertising messages simultaneously, with identical content on all basins served. The private dealers who have obtained the authorization under Article 21, may provide, in addition to national advertising, local advertising varied for each area covered by the permit, temporarily interrupting the interconnection.
11. Are void and will not have to bear the contractual terms of advertising che impongono ai concessionari privati di trasmettere programmi diversi o aggiuntivi rispetto ai messaggi pubblicitari.
12. Ai sensi della presente legge per sponsorizzazione si intende ogni contributo di un'impresa pubblica o privata, non impegnata in attività televisive o radiofoniche o di produzione di opere audiovisive o radiofoniche, al finanziamento di programmi, allo scopo di promuovere il suo nome, il suo marchio, la sua immagine, le sue attività o i suoi prodotti.
Art. 12
Registro nazionale delle imprese radiotelevisive 1. È istituito il registro nazionale delle imprese radiotelevisive la cui tenuta è affidata al Garante.
2. Sono soggetti all'obbligo dell'iscrizione nel registro la concessionaria public, private dealers, firms authorized under Articles 38 and 43 of the Act April 14, 1975, No 103, and businesses involved in the production or distribution of advertising agencies or programs to be transmitted by radio and television facilities.
Article 15 Prohibition of dominant positions within the means of mass communication and the obligations of dealers
1. In order to prevent dominant positions in the mass media are forbidden to possess:
a) a concession for television broadcasting in Italy, where it has control of publishers of newspapers whose circulation has an annual exceeded the previous calendar year 16 per cent of the total circulation of daily newspapers in Italy;
b) more of a concession for television broadcasting in Italy, where it has control of the publishers of newspapers whose circulation exceeds the annual 8 per cent of the total circulation newspapers in Italy;
c) more than two licenses for television broadcasting in Italy, where it has control of publishers of newspapers, whose total circulation is less than that provided by the letter b).
2. Bills of sale, leases or management expectations of companies operating in the field of mass communication and the transfer inter vivos of shares, shares or units of companies active in this field are zero if, for their effect, the same person, even through subsidiaries or affiliates, achieves more than 20 percent of the total mass of the communications sector of 25 percent or more of the above total resources the field of mass communications, or more than 25 percent of those resources if the same person achieves revenue in the field of mass communication for at least two thirds of its total revenue.
3. For the purposes of paragraph 2, the total resources of the area of \u200b\u200bmass communication means revenues from the sale of newspapers and magazines, from sales or use of products audiovisual, from subscriptions to newspapers, periodicals or broadcasters, advertising, from fees and government grants to a continuing nature.
4. The concessions in respect of both the national television broadcasting sound, subject to the same total issued to entities controlled by or connected to subjects which in turn monitor other holders of concessions can not exceed 25 percent of the number of networks under the national allocation plan and not the number of three.
5. For the purposes of this article, the ownership of the concession shall be treated as the control or connection, in accordance with Article 37 of this law, companies concession holders, or for persons or entities not corporate ownership of stocks or shares in the measures listed in Article 2359 of the Civil Code or the existence of the contractual conditions; also an authorization to exercise facilities repeaters Foreign radio and television programs under Articles 38 and following of the law April 14, 1975, No 103, as amended, amounts to a concession for radio or television nationwide.
6. Companies advertising agencies, production or distribution of programs, operating in the broadcasting sector, the Guarantor must submit by July 31 of each year, their budgets, accompanied by a document showing analytically the accounting relating to contracts with private concessionaires, with the public concessionaire and the licensees in accordance with Article 38 of Law April 14, 1975, No 103. This document is compiled on the basis of models, which were approved in the manner provided for in paragraph 1 of Article 14 and shall contain the names of the persons with whom contracts have been signed, any exclusivity clauses, any guaranteed minimum agreed , payments made on behalf of any person and any other information considered necessary for the purposes of compliance with the provisions of this Act.
7. If dealers private, the public concessionaire or consented to in Article 38 of Law April 14, 1975, No 103, are in situations of subsidiaries or associates against firms advertising agencies, they can not collect advertising for more than three national television networks, two or three national networks and local area networks or network including national and six local those which they hold controlling or related subjects, any more contracts from firms advertising agencies referred to in this paragraph should be targeted advertising to be disseminated by means other than radio and television and in any case not more than 2 percent Investment total advertising last year. The same provisions apply to companies advertising agencies that have control of companies holding concessions for radio broadcasting or television or are connected with them. Contracts entered into in contravention of the provisions of this paragraph shall be null and void.
8. The private dealers and the public broadcaster is required to comply with laws and international conventions in the field of telecommunications and use of intellectual property.
9. It prohibited the transmission of encrypted messages or subliminal.
10. It prohibited the broadcasting of programs that can harm the mental or moral development of minors, which contain scenes of gratuitous violence or pornography, which leads to attitudes of intolerance based on differences of race, sex, religion or nationality.
11. However, it is prohibited the transmission of films which have been refused clearance for the projection or representation in public or have been banned under the age of eighteen.
12. In case of violation of the prohibition referred to in paragraph 11 of this Article shall apply sanctions under Article 15 of Law April 21, 1962, No 161, whereby the closure of local deactivation.
13. The R-rated movies under the age of fourteen can not be transmitted in whole or in part before 22.30 hours and after 7 am.
14. The private dealers and the public broadcaster can not transmit cinematographic works unless otherwise agreed between the beneficiaries and the dealer, before the expiry of a period of two years beginning in the scheduling of such work in cinemas in a State belonging to the Community European Economic and in the case of films co-produced by the dealer, this period is reduced to one year.
15. The private dealers and the public broadcaster shall transmit the same program throughout the country for which the grant is issued. The regulations in Article 36 and the provision of Article 2, paragraph 2, determine the cases in which derogation is permitted this obligation.
16. The provisions of paragraph 3 of Article 8 shall apply from 1 January 1993 completed its operations for which dealers have acquired the rights to use prior to June 30, 1990.
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