Unofficial translation - not updated. An updated version will be available from 16 October 2000.

Royal Norwegian Ministry of Cultural Affairs

Act no. 127 of 4 December 1992 relating to broadcasting

(With subsequent amendments, most recently by Act No. 18 of 16 June 1994)

Chapter 1. Definitions, scope, etc.

§ 1-1.Definitions

"Broadcasting" or "broadcasts" shall mean the transmission of speech, music, images and the like by radio waves or cable, intended to be received directly by the general public.

"Local broadcasting" shall mean the transmission of speech, music, images and the like by radio waves or cable, intended to be received directly by the general public within geographically delimited areas.

"Broadcasting company" shall mean the Norwegian Broadcasting Corporation Ltd. or any party holding a licence under § 2-1.

"Advertisement" or "advertising" shall mean any form of promotion of a product or service in return for payment or any other form of remuneration.

"Sponsorship" shall mean the direct or indirect contribution to the production of a broadcasting programme given by a natural or legal person not engaged in the production or broadcasting of such programmes.

The King will settle matters of dispute concerning this section.

§ 1-2.Scope

This Act also applies to Svalbard, Jan Mayen Island and the Norwegian dependencies, as well as to facilities and devices situated on the Norwegian section of the Continental Shelf. The King may by regulation prescribe exemptions and special rules which local conditions dictate.

Broadcasting from international territory is regulated by Chapter 9.

The King may by regulation provide that this Act shall apply, wholly or partly, to Norwegian vessels, aircraft, drilling platforms or other facilities or devices situated in international territory beyond the provisions of § 9-1.

This Act does not regulate telecommunications and computer services.

Chapter 2. General provisions

§ 2-1.Licence requirement, licensing authority, etc.

The Norwegian Broadcasting Corporation Ltd. is authorised to broadcast. Persons other than the Norwegian Broadcasting Corporation Ltd. must be licensed pursuant to this Act in order to broadcast nationally or locally. Broadcasting by way of frequencies or satellite capacity controlled by Norwegian authorities is subject to licensing pursuant to this Act. Licences are to be granted for a limited period of time.

The Ministry issues licences for broadcasting and local broadcasting. Conditions may be imposed on such licences. The King may issue provisions concerning the conditions that may be imposed on licences as well as supplementary provisions in order to fulfil Norway's international obligations.

The Mass Media Authority is the administrative body for broadcasting and local broadcasting, etc. The Ministry will lay down further rules concerning the tasks of the Mass Media Authority.

The transmission of simple announcements does not require a licence.

§ 2-2.Facilities for broadcasting and retransmission of broadcasting

The establishment or operation of facilities for broadcasting or local broadcasting or the retransmission of broadcasting or local broadcasting requires a licence from the Ministry or the body appointed by the Ministry to issue licences.

Conditions may be imposed for the allocation of licences.

Persons who operate a facility for broadcasting or retransmission of broadcasting shall not broadcast or retransmit from any person who has not been granted a licence.

§ 2-3.Prior assessment of programmes

Persons who have not contributed to or who bear no editorial responsibility for a programme in a broadcasting company are not entitled to view or listen to a programme before it is broadcast.

The first paragraph does not restrict the authority to issue orders or to decide to implement coercive measures in accordance with the Act on Court Procedure.

§ 2-4.Announcements issued by government authorities, etc.

Broadcasting companies are obliged, in accordance with rules prescribed by the King, to broadcast announcements issued by government authorities if the announcement is of essential importance.

The King may issue regulations concerning broadcasting activities during a state of readiness or war.

§ 2-5.Recording of programmes

Broadcasting companies are obliged to preserve programme recordings for a period of no less than two months after the programmes are broadcast. In case of complaints concerning a programme's contents, etc. pursuant to Chapter 5, the programme shall be preserved until the complaint has been settled. The programme shall likewise be preserved if notice of legal action has been given.

Broadcasting companies are obliged to surrender recordings of programmes to the Complaints Committee for Broadcasting Programmes and other bodies invested with the authority to supervise provisions made in or pursuant to this Act.

§ 2-6.European television programme material

The King will issue further rules concerning the use by television companies of European programme material, including which programme categories the rules apply to, the definition of European programme material and the implementation of such rules.

In this section the term "television company" shall mean the Norwegian Broadcasting Corporation Ltd. or other person holding a licence for television broadcasting pursuant to § 2-1, second paragraph.

Chapter 3. Advertising, sponsorship.

§ 3-1.Duration, content

Advertisements shall not exceed a total of 15 per cent of the broadcasting company's daily transmission time. The King may make exemptions from this provision for the broadcasting of information notices in local television broadcasting.

Advertisements may not be broadcast in connection with children's programmes, nor may advertisements specifically target children.

The King may issue further rules pertaining to the broadcasting, content, extent and supervision of advertising.

§ 3-2.Special rules pertaining to television advertising

Television advertisements shall principally be broadcast in blocks between programmes and shall be clearly separated from the ordinary programme service by special acoustic and optical signals.

The King may issue further regulations concerning the placement of advertisements.

§ 3-3. (Repealed by Act No. 126 of 17 December 1993, with effect from 1 January 1994)

§ 3-4.Sponsorship

If a programme is sponsored, information to this effect shall be given at the introduction and the conclusion of the programme. Information concerning the sponsor may be given in the form of the name, trademark or logo of the sponsor.

The content and form of presentation of a sponsored programme must be such as to maintain the full editorial integrity of the broadcasting company.

Sponsored programmes shall not promote the purchase or rental of any of the sponsor's products or services or those of a third party, and may not contain specific promotional references to such products or services.

News or current affairs programmes may not be sponsored.

Broadcasting may not be sponsored by any natural or legal person whose principal activity is to manufacture, sell or rent out products or services the advertising of which is prohibited by Norwegian legislation or rules issued pursuant to Norwegian legislation.

The King will issue further regulations pertaining to the sponsorship of broadcasting programmes.

Chapter 4. Retransmission by way of cable networks.

§ 4-1.Scope

The provisions of this chapter do not apply to cable networks limited to 25 buildings and/or 100 households.

§ 4-2.Right to retransmission

Simultaneous and unaltered retransmission by way of cable networks of broadcasts sanctioned by law does not require a special licence.

Agreements concerning the retransmission of satellite broadcasts shall contain a clause to the effect that Norwegian cable networks may enter the agreement on equal terms.

The owner or operator of the cable network may transmit information concerning the operation of the network or the programme services offered.

§ 4-3.Obligation to retransmit broadcasts, etc.

The King may issue regulations to the effect that certain broadcasts shall be retransmitted through cable networks, and specify conditions concerning such transmissions. The Mass Media Authority may in special cases reduce the number of broadcasts subject to obligatory retransmission.

The owner or operator of the cable network shall, in accordance with rules prescribed by the King, transmit announcements from government authorities, when it is of essential importance to do so.

§ 4-4.Choice of broadcasts

The cable subscribers may decide which broadcasts are to be retransmitted through the cable network in addition to the broadcasts subject to obligatory retransmission pursuant to § 4-3.

The owner or operator of the cable network shall inform the subscribers of available broadcasts and the conditions governing the reception and transmission of such broadcasts.

The King may issue regulations concerning procedures, etc. pertaining to the choice of broadcasts.

§ 4-5.Prohibition against retransmission

The Mass Media Authority may prohibit the retransmission of television programme services which

• a) broadcast advertising which is incompatible with Norwegian law,
• b) broadcast programmes containing pornography or violence which are incompatible with Norwegian law,
• c) broadcast programmes which may have a harmful effect on children or young persons, when retransmission takes place at a time of day when children or young persons constitute a substantial proportion of the viewers, or
• d) broadcast programmes which Norwegian courts have ruled contrary to § 135 a) of the General Civil Penal Code.

The King will issue further regulations concerning exemptions from the prohibition in the first paragraph, litra a). The King will issue further regulations on the procedure, etc. relating to prohibition pursuant to the first paragraph, litras a), b), c) and d).

§ 4-6.Appeals, appeals authority

The subscribers and the owner or operator of the cable network may appeal to the Mass Media Authority against decisions relating to the retransmission of cable broadcasts pursuant to the provisions of this chapter, including decisions concerning the choice of broadcasts.

The parties are bound to observe the orders and decisions of the Mass Media Authority.

The King will issue further regulations concerning time limits and limitations on the right of appeal, the appeals authority and the procedure relating to appeals.

Chapter 5. Complaints against broadcasting programmes. The Complaints Committee for Broadcasting Programmes.

§ 5-1.The Complaints Committee's jurisdiction

The Complaints Committee examines whether a programme broadcast by Norwegian broadcasting services has subjected any person to improper treatment or invaded his privacy. It examines whether a broadcasting company's decision in cases concerning rectification of alleged misinformation/incorrect information* is in accordance with proper practice.

The Committee may decide to examine a programme on its own initiative or on the basis of a formal complaint. The plaintiff must establish that the programme or the decision on rectification directly concerns the plaintiff.

§ 5-2.The complaints procedure

Complaints against a programme must be submitted to the Complaints Committee no later than three weeks after the programme is broadcast. The Committee may in special cases try a complaint even if the time limit has been exceeded. In calculating the time limit, § 30 of the Public Administration Act shall apply correspondingly.

§ 5-3.The composition of the Complaints Committee

The Complaints Committee is composed of six members, each with a personal deputy. The members of the Committee are appointed by the Ministry for a term of four years. Three members and their personal deputies are appointed on the basis of nominations by the broadcasting sector. The Ministry appoints the Chairman of the Committee from the six members. The Chairman of the Committee and his personal deputy shall satisfy the general qualifications of a judge.

The Ministry will issue further provisions concerning the activities of the Committee, the procedure for appointments, etc.

§ 5-4.The Complaints Committee's procedure

The procedure shall be executed in writing, unless the Complaints Committee decides otherwise. The Committee shall give its decision on the complaint in session. A quorum is constituted when a minimum of five members or their personal deputies, including the Chairman or his personal deputy, are present. In the event of an equality of votes, the Chairman, or his personal deputy, has a casting vote.

The Committee shall endeavour to investigate the case as thoroughly as possible. It may order a recording of the programme to be played and a transcript thereof to be made.

Each party shall be given the opportunity to comment upon the other party's allegations, to the extent that the Committee finds reasonable.

The Ministry may issue further rules concerning the Committee's procedure.

§ 5-5.Summary dismissal without examination of the merits

Patently untenable complaints may be summarily dismissed by the Complaints Committee without an examination of the merits of the case. This also applies if the plaintiff has taken legal action in the matter.

§ 5-6.The decisions of the Complaints Committee

The Complaints Committee shall state the reasons for its decisions and for any dissenting votes.

The Committee's decisions are not binding on the plaintiff.

The parties shall be informed of the decision, the reasons for it and any dissent. The Committee decides whether the decision, the reasons for it and possibly also any dissent shall be made public in a broadcast by the broadcasting company.

The Committee's decisions may not be appealed pursuant to the Public Administration Act.

Chapter 6. The Norwegian Broadcasting Corporation Ltd.

§ 6-1.Organisation, ownership, purpose, etc.

The Norwegian Broadcasting Corporation Ltd. is a limited company. Act No. 59 of 4 June 1976 relating to companies applies to the Norwegian Broadcasting Corporation Ltd., unless otherwise provided in this Act.

The State shall hold all shares in the Norwegian Broadcasting Corporation Ltd.

The Norwegian Broadcasting Corporation Ltd. has as its purpose to provide public service broadcasting and related activities.

§ 6-2.The Board of Directors

The Board of Directors has no authority concerning current programme activities.

The members of the Board of Directors may participate in the deliberations of the National Advisory Council.

§ 6-3.The Director-General

The Director-General is the managing director of the Norwegian Broadcasting Corporation Ltd., and is responsible for current programme activities.

The Director-General participates in the deliberations of the National Advisory Council. The Director-General may also participate in the deliberations of the Regional Programme Councils.

§ 6-4.Financing, etc.

The Norwegian Broadcasting Corporation Ltd.'s activities are financed by licence fees, proceeds on sales, etc. No financial support is to be derived from broadcasting advertisements. Licence fees are laid down by the Storting.

§ 6-5.Technical activities, etc.

The Norwegian Broadcasting Corporation Ltd. directs the technical production of its programmes. The Telecommunications Administration directs all other technical activities in accordance with agreements made with the Norwegian Broadcasting Corporation Ltd.

The King may define the dividing line between the two sectors and decide matters in the absence of an agreement.

The King may issue further rules concerning the use of transmitters and technical communication installations.

Chapter 7. The National and Regional Advisory Councils

§ 7-1.The tasks of the National Advisory Council

The National Advisory Council shall discuss and express its opinion on the general programme policy pursued by the Norwegian Broadcasting Corporation Ltd.

The National Advisory Council shall express its opinion on programme matters submitted by the Director-General, or on programme matters which the Council itself decides to take up.

The Board of Directors and the Director-General may invite the Council to give its opinion on administrative and financial matters.

The King may issue instructions to the National Advisory Council.

§ 7-2.The composition of the National Advisory Council

The National Advisory Council is composed of 14 members, each with a personal deputy. Eight members are appointed by the Storting, of whom one member shall be the Chairman of the Sámi Programme Council. Six members, including the Chairman and the Deputy Chairman, are appointed by the King.

The members are appointed for a term of four years. A member may only be reappointed for one term.

The Chairman, or a member authorised to represent him, may attend the Board meetings and take part in its deliberations.

§ 7-3.The Regional Advisory Councils

The Regional Advisory Council shall express its opinion on the general programme policy pursued by the Regional Offices and on programme matters which the Director-General or the Director of the Regional Office concerned submits to the Council, or which the Council itself sees reason to take up.

The Director-General and the Director of the Regional Office may invite the Council to express its opinion on administrative and financial matters.

An advisory council shall be appointed for each Regional Office.

The Regional Advisory Councils are composed of five members, each with a personal deputy, who are appointed for a term of four years by the County Council. A member may only be reappointed for one term. The King will issue rules concerning the appointment and composition of the Regional Advisory Councils in cases where the Regional Office serves more than one county.

The King may issue further rules concerning the tasks and procedure of the Regional Advisory Councils.

Chapter 8. Sale of equipment, fees and duties, recovery procedure, etc.

§ 8-1.The right to possess receivers

Any person is entitled to possess a receiver.

The assignment of a receiver from one person to another shall be reported to the Norwegian Broadcasting Corporation Ltd., which issues regulations concerning the obligation to submit sales reports and exemptions from this obligation.

§ 8-2.The importation and sale etc. of receivers

The importation, domestic sale, hiring or loaning out of receivers, including aerials, shall be reported to the Norwegian Broadcasting Corporation Ltd., which issues regulations concerning the obligation to submit such reports and exemptions from this obligation.

The Norwegian Broadcasting Corporation Ltd. determines what is meant by accessories and parts for receivers.

The King may issue regulations imposing conditions for importation and sale etc., as specified in the first paragraph, deemed necessary to ensure that receivers etc. satisfy reasonable quality standards.

Control measures may be established to ensure that the obligation to submit reports as specified in the first paragraph, and conditions imposed pursuant to the second paragraph are fulfilled. For this purpose, and to the extent it is deemed necessary, access may be demanded to account books, agreements and other documents of importance to the control, and to the premises where equipment liable to duty is manufactured, stored or sold.

The Ministry issues regulations pertaining to control procedures.

§ 8-3.Licence fees and special duties

The Storting determines the broadcasting licence fees for the possession of receivers and the surcharge on overdue payment and failure to submit reports pursuant to the provisions of § 8-1, second paragraph.

The Storting determines the special duties payable on the importation and on domestic sale, hiring or loaning out of receivers, accessories or spare parts for receivers, including aerials.

On overdue payment of special duties, interest is payable, pursuant to Act No. 100 of 17 December 1976 on interest payable on overdue payment, etc.

The Norwegian Broadcasting Corporation Ltd. issues regulations concerning the recovery of fees, special duties and interest on overdue payment.

The Norwegian Broadcasting Corporation Ltd. may, under special circumstances, by regulation or individual decision, grant exemptions, wholly or in part, from the payment of fees or duties.

Regulations issued pursuant to the fourth and fifth paragraphs are subject to approval by the Ministry.

§ 8-4.Security for, and recovery of, fees and duties, etc.

Security for overdue licence fees, surcharges and special fees is provided for by a lien on the receiver, including spare parts and accessories. Except in cases where Act No. 37 of 2 June 1978 relating to the bona fide acquisition of chattels personal applies, the said lien takes priority over all other rights to the object, even if the latter is assigned to a new owner. Should the lien lapse pursuant to the Act relating to the bona fide acquisition of chattels personal, it is transferred to subsequent receivers etc. that the debtor may acquire. The lien does not, however, take priority over a valid security for unpaid purchase money.

Apart from being grounds for enforcement by forced sale under Chapter 8 of the Enforcement Act, overdue lien claims are also enforceable by forfeiture under Chapter 13 of the Enforcement Act. The receiver etc. may in such cases be sold to pay the lien claims in the manner provided by regulations issued by the King.

Furthermore, licence fees, surcharges and special fees are enforceable by execution.

Chapter 9. Illegal broadcasting from ships and aircraft operating in international territory, etc.

§ 9-1.Prohibition against broadcasting, etc.

It is prohibited to establish or operate broadcasting facilities on board ships, aircraft etc., and on any facilities operating in or above international waters whenever the broadcast may be received in Norway, Denmark, Finland, Sweden or any other state signatory to the European Treaty of 22 January 1965 on the prevention of extra-territorial broadcasting, or whenever such signals interfere with the reception of radio signals in the said countries. The reception of radio signals, in this sense, includes broadcasting as well as radio navigation signals issued by ships and aircraft, etc.

§ 9-2.Prohibition against assistance, etc.

It is prohibited to assist in the passage through or the presence in Norwegian territory - including the sea and air territory - of ships, aircraft or any facilities which serve or are intended to serve broadcasting purposes in or above international waters, even when the broadcast is not of the type mentioned in § 9-1. This prohibition does not apply when an emergency situation makes it absolutely necessary to enter Norwegian territory in order to save human lives, a vessel or cargo.

§ 9-3.Regulations prohibiting assistance

The King may issue regulations prohibiting assistance in Norwegian territory - including the sea and air territory - to broadcasting in or above international waters, including the establishment or operation of offices for such broadcasting, the contribution of financial or technical assistance, advertising or promotion of such broadcasts and the supply or transportation of equipment, materials, magnetic tapes, etc. serving such operations.

The regulations referred to in the first paragraph may also prohibit assistance given from outside Norwegian territory, insofar as it concerns activities prohibited under § 9-1.

Chapter 10. Penalties, entry into force of the Act, etc.

§ 10-1.Penalties

Any person shall be liable to fines or imprisonment for a term not exceeding six months if he wilfully or negligently

• a) violates the provisions of chapters 2, 3, 4, §§ 8-1 and 8-2, or any regulation issued pursuant to those provisions,
• b) violates the conditions laid down in any licence issued pursuant to § 2-1 or § 2-2,
• c) violates § 9-1 or § 9-2 or any regulation issued pursuant to § 9-3,
• d) is accessory to the offences specified in litras a), b) or c).

In assessing sentence pursuant to the first paragraph, the fact that the violation has been committed in order to promote the interests of the enterprise, or the fact that the enterprise has profited from the violation, should be regarded as an aggravating circumstance.

The penal clauses in the first paragraph, litras c) and d) apply irrespective of the limitations imposed by §§ 12, 12 a) and 13, first and second paragraphs, of the General Civil Penal Code. Only nationals or residents of Norway, Denmark, Finland or Sweden are liable to a penalty for violating regulations issued pursuant to § 9-3.

Violations of the penal clauses specified in this section are to be considered misdemeanours.

§ 10-2.Warning

When a violation of this Act, or provisions or conditions laid down pursuant to this Act, has been committed by a person who has acted on behalf of a person or enterprise that has been granted a licence pursuant to §§ 2-1 or 2-2, the Mass Media Authority may issue a warning.

§ 10-3.Violation charge

The Mass Media Authority may upon violation of Chapter 3 of this Act or regulations laid down pursuant to Chapter 3 impose a violation charge payable to the State, calculated in accordance with further rules prescribed by the King.

A violation charge is imposed on any person who pursuant to § 2-1 has been given the right to operate the broadcasting or local broadcasting services in question. The King may issue rules concerning increased charges upon repeated violation. The Mass Media Authority may in special circumstances remit an imposed violation charge.

Any violation charge imposed is enforceable by execution. The King may issue further rules concerning the implementation of the provisions of this section, including recovery and time- limit for payment. It may be determined that interest shall be paid on a violation charge.

§ 10-4.Time-limited prohibition against the broadcasting of advertisements, revocation of a licence, etc.

When a provision found in Chapter 3 or a regulation laid down pursuant to Chapter 3 has been violated by any person who has acted on behalf of a broadcasting company, the Mass Media Authority may prohibit that company from broadcasting advertisements for a specific period of time.

Upon repeated or serious violations of this Act, or provisions or conditions laid down pursuant to this Act, committed by any person who has acted on behalf of a person or enterprise that has been granted a licence pursuant to § 2-1 or § 2-2, the Mass Media Authority may revoke the licence. Such revocation may be limited to a specific period of time.

The King may issue further rules concerning decisions to prohibit advertising and the revocation of licences, including the broadcasting company's duty to provide information.

§ 10-5.Entry into force of the Act, etc.

This Act shall enter wholly or partly into force from the date the King decides.

On the said date, Act No. 36 of 13 June 1980 relating to broadcasting, Act. No. 71 of 27 November 1987 relating to local broadcasting, Act No. 46 of 10 June 1988 relating to cable transmissions and Act No. 77 of 21 December 1990 relating to advertising in broadcasting, etc. shall be repealed.