Miejsce wskazania sponsora audycji w świetle nowych regulacji prawnych i towarzyszącej im praktyki

Abstrakt

The latest amendments to the Act on Radio and Television of 29 December 1992 gave rise to a new approach to the question of crediting a sponsor in a programme. It is expressed in the legislative practice of the National Broadcasting Council, and as a result in the operation of the broadcasters themselves. It is assumed that the placement of sponsor credits is permissible, as a rule, out of the showing time. Some exceptions to the rule are possible, however. The Author believes that this practice is against this law and injures the good of recipients. By virtue of art. 7 § 1, a sponsor is to be credited during a sponsored programme – at the beginning, directly after a commercial break, and at the end. Failure to comply with the above creates a situation in which the recipient may not be informed of the programme being sponsored.

The restriction of the possibility to credit a sponsor – imposed by the Council – is unconstitutional, since it must be assumed that the law imposes an obligation to place such acredit in the locations indicated above, not prohibiting such placement in other locations. The law does not enable the Council to impose any restrictions. The Author claims that the connection between the obligation to credit the sponsor of a programme with the programme itself should be “realistic.” In other words, such an indication must not occur only outside aprogramme. It must be assumed that a “model” indication of a sponsor is within a programme – the beginning and directly after a commercial break. These indications should be obligatory, due to the good of the recipient. The other locations should be optional.

The above-presented view calls for an update to art. 17 §§ 1 and 8 of the Act on Radio and Television, as well as the directive of the National Broadcasting Council of 6 July 2009 on sponsorship of programmes or other types of coverage.