Greek Legislation
Greek Legal Framework for the Mass Media
The basis of the protection provided for the freedom of expression in Greek Media, lies in the Greek Constitution.
In Article 14 pr. 1 it is stated that every person may express and propagate his/her thoughts orally, in writing and through the press is free. Censorship, as well as other preventive measures, including the seizure of newspapers and other publications before and after circulation, is prohibited. Seizure by order of the public prosecutor is allowed exceptionally after circulation and in the cases of: a) an offence against Christian or any other religion, b) an insult against the person of the President of the Republic, c) a publication which discloses information on the composition, equipment and set-up of the armed forces or the fortifications of the country, or which aims at the violent overthrow of the regime or is directed against the territorial integrity of the State, and d) an obscene publication, which is obviously offensive to public decency, in the cases stipulated by law.
In Article 14 par. 5, it is stated that the right to reply to inaccuracies published or broadcasted by the media is guaranteed by the Constitution.
In Article 14 par. 9, it is stipulated that media outlets are obliged to register ownership status and information regarding the financing of the outlet. Concentration of ownership is prohibited.
According to Article 15 par. 1 “the protective provisions for the press are not applicable to films, sound recordings, radio, television or any other similar medium for the transmission of speeches or images”. According to par. 2 “Radio and television shall be under the direct control of the State. The control and imposition of administrative sanctions are under the exclusive competence of the NCTRV (National Council of Radio-Television) which is an independent authority, as specified by law”.
The legal instruments through which media in Greece are regulated, are the following:
Law 1092/38 (regulating the press) Law 1730/87 (on Public Broadcasting Stations) Law 1866/89 (on the founding of NCRTV and the granting of licenses for non-State TV Stations) Law 2328/95 (on matters concerning the function of private TV and local radio and the electronic market) Law 2644/98 (on pay-TV and radio) Law 2863/00 (on NCRTV and other authorities of radio/TV services) And Law 3414/05 (Antimonopoly policy)
Law 1092/38 defines the basic press instruments, namely “press” and “magazine”. Under the definitions given, “newspaper” is printed matter which is published on a daily or at least monthly basis and contains material of either political or social concern, i.e. news, current issues of public interest, announcements and advertisements. The “magazine” is a printed matter, published at least monthly with content differentiating from that of a newspaper.
According to Law 1092/38, the press is entitled to a series of privileges, namely discount on telephone and postal tariffs, and at the same time is liable to a set of obligations, such as the respect of the personality and privacy of individuals and the respect for truth. In cases of publications of untrue or wrong facts, there is an obligation to publish a correction. The press has to respect varying opinions and it is responsible as regards the forming of public opinion as well as the publication of news in a manner that does not cause unnecessary panic to the public.
According to Law 1730/87 public TV and radio were united under one corporate body called E.R.T. S.A. As stipulated by law, the mission of E.R.T. S.A. is the organisation, the exploitation and the development of State radio and TV, their contribution to public education and entertainment, as well as the presentation of the activities of the Greek Parliament. In the law it is further provided that state TV and radio should reach as many social groups possible and cover a broad range of fields, since its purpose is not to make profits but to pursue public interests.
Law 1866/89 was the one that gave birth to private television and radio in Greece, being the first step towards abolishing state monopoly, which was later completed with Law 2328/95. It also set the basic principles for the set-up and the action for the NCRTV. This part of Law 1866/89 was later replaced by Law 2863/00.
Law 2328/95 stipulates that the NCRTV grants licences for commercial TV and radio stations, under the scrutiny of public interest. The commercial stations are obliged to provide programs of high quality, objective information and news reports and promote cultural development. Under the law, NCRTV has the authority to request information from radio and television stations as regards their set up and financing.
Under the Law 2328/95 there are limits regarding the concentration in media ownership. In printed media it is provided that a physical or legal person and his/her relatives up to the fourth degree may be holders of or participate in only: 1) maximum of two daily political newspapers (a morning and an afternoon one) issued in Athens, Piraeus or Thessaloniki, 2) one daily financial newspaper and one daily sports newspaper issued in Athens, Piraeus or Thessaloniki, 3) two non-daily provincial newspapers issued in different regions and 4) one Sunday publication.
In television and radio concentration is restricted as well. Thus, a joint stock company can obtain only one license for a television station and/or one license for a radio station. Ownership of more than one electronic information medium of the same kind is not permitted, and every physical or legal person can take part in just one company and with maximum 25% of its capital. According to Law 2644/1998 this percentage has increased to 40% for the pay-per-view broadcasting media. The same rule applies to relatives (up to the fourth degree) of physical persons. As regards cross media ownership, the rule is that a single company or individual cannot take part in more than two media categories (TV, radio, newspapers). The participation of non EU foreigners in the shareholding of limited companies with a license to broadcast free to air radio should not exceed 25% of the total capital. Holding a position in public administration or in a legal entity of the wider public sector which carries out works or supplies or provides services, is deemed incompatible with being the owner, the partner, the main shareholder or the managing executive of an information media company. Also included under this incompatibility are all types of related persons, such us spouses, relatives, financially dependent persons or companies.
Law 2644/98 regulates the provision of pay-radio and TV services through analogue or digital means, either terrestrially or via cable or satellite. For terrestrial transmission there is a competitive licensing procedure, due to the scarcity of frequencies. At the same time, licenses for satellite transmission are submitted to the NCRTV. Licenses are granted only to limited companies (S.A.) the shares of which should be registered. In an effort to avoid the emergence of dominant positions, the law is limiting the holding of licenses. i.e. an interested party can only take part in one company providing pay-services under the same means of distribution, and in one additional service using different means of distribution.
According to Law 2863/00 the NCRTV, an independent authority, has the sole responsibility for: a) granting, renewing or revoking licenses for radio and TV services, b) practising control on radio/TV companies, private or state ones, on whether they uphold the relevant legislation, c) ensuring political and cultural diversity in mass media in cases when Laws 2328/95 and 2644/98 are breached, d) supervising free competition in the media market, e) imposing fines and administrative measures and f) examines requests for remedies for personal insults caused by mass media.
Antimonopoly policy: Law 3414/05 sets the antimonopoly public policy in the field of media enterprises, in application of Article 14 par. 9 of the Greek Constitution. According to Article 12, the market share of media companies is supervised by NCRTV.
The Greek Criminal Code’s articles 361-369 are about slander and libel. Accordingly, a person has a right to sue the insulting party based on the aforementioned articles. In some cases, the penalty, apart from fines, can lead to imprisonment. There is also the possibility, according to article 369, that in cases as such the media are obliged to publish the court’s verdict.
In addition to the above legislation, there are some relevant presidential decrees: Most notably, there is presidential decree 100/2000, which brings to force in Greece the Regulation on “Television without Frontiers”. There is also presidential decree 131/2003, which gives application to the Regulation 2000/31 on e-commerce.
