KŠB Succeeds in Proceedings before the Supreme Administrative Court04/08/14 / News
KŠB successfully advised and represented the Radio and Television Broadcasting Council (RTBC) before an extended chamber of the Supreme Administrative Court. The important decision concerned the criteria by which a notice from the RTBC can constitute lawful grounds for imposing a penalty.
In 2009, the RTBC fined CET 21 for failing to distinguish an ad from a particular show, as the Radio and TV Broadcasting Act requires. CET 21 sought to have the fine revoked before the Municipal Court in Prague, claiming that the RTBC merely referenced its prior notices without dealing with the specific contents of the case at hand. The Municipal Court in Prague ruled that such notices could not constitute grounds for imposing a penalty.
However, on behalf of the RTBC, KŠB filed a cassation complaint at the Supreme Administrative Court, which had the case discussed by an extended chamber since the Supreme Administrative Court’s decisions in the particular area conflicted with one another. The crucial issue concerned the interpretation of this expression: “conduct that has the character of conduct that was notified to the operator as unlawful”. In other words, is it possible to fine a broadcaster for a hidden ad based on a previous notice from the RTBC which, however, concerned a different hidden ad? The Supreme Administrative Court finally agreed with the RTBC’s opinion that such a procedure is admissible. If it were not, it would not be possible to fine broadcasters for unlawful conduct since to be immune from punishment they would merely need to refrain from re-running the particular show.