1. Publishing
In the fields of publishing, the Competition Council has tried to define the distinction among different types of press.319 It was rather important to define the distinction since the State Joint stock company “Latvijas Pasts” (transl. as Latvian Post) has set delivery tariffs for 2 groups: daily newspapers and weekly newspapers. And considering that “lately there are published several publications, which are registered as newspapers in the Register of Enterprises, but their weight and factual form conforms the magazine, such press publications have separate tariff. As the determinative criteria have been set the following:
• the newspapers are not printed on newspaper paper only;
• are stitched up (stapled or braced otherwise);
• the volume is 48 pages or more.320
317 Supra 3. 318
Regulations No. 88 of Cabinet of Ministers of 27 February 2001 “The regulations of importation, exportation and distribution” (Ministru kabineta 27 February 2001 noteikumi Nr. 88 “= X ievešanas, izvešanas un L]SODW ãDQDV noteikumi "), published in Latvijas 9 VWQHVLV 2IILFLDO *D]HWWH RQ 0DUFK 2001.
319 The decision of Competition Council No. 10 of 26 February 2003, available on the Internet at http://www.competition.lv/uploaded_files/2003/D10_2602.doc. Last visited: 30 January 2005.
320 The letter of the SJSC ”Latvijas Pasts“ No. 36-14.1/1136 sent to the publishers of newspapers/magazines ”On cooperation in 2003“.
6.180
6.181
The Association of Polygraphic enterprises of Latvia for the purposes of defining the newspaper have set as the criteria the following:
- the determinative criteria for the purposes of classification of periodic publication is the registration certificate of the mass media.
- the publications are printed on newspaper paper and they do not have any separate cover printed on better quality paper321
.
The Press Publisher Association of Latvia stated that currently the only existing criteria for classification of press publications is the subjective evaluation of the publisher and the rights to define its publication, the primary considering distinctions on weight and periodicity322
. Nonetheless, The Association of Polygraphic enterprises of Latvia have stated that according to the common practice: the newspaper is press publication that gives information with temporary value and is not intended for permanent storage. It is usually manufactured on lower quality paper; the magazine is a press publication, which information has a longer lasting value and they are printed on better paper323.
2. Music – copyright
There are no sector specific judgements in the field of music available for the current study, since the most judgements deal with unauthorized copying and distribution or performance of music works. This is controlled by the collective society of authors and performers ($XWRUWLHV EXXQNRPXQLF ãDQ VNRQVXOW FLMXD HQW UD/DWYLMDV$XWRUWLHV EXD HQW UD). With regards to the music, National Radio and Television Council performs supervision in order to control whether in radio programmes created within the framework of national order, the music reflecting Latvian cultural identity is not less than 40% of the total broadcasting time devoted for music within a month. There is no information about court cases / decisions of authorities which would give any definitions relevant for the study.
3. Film
As to the film sector, there also are no relevant authority / court decisions available for the current study. The most definitions are incorporated in normative documents. Hereto, the film sector is relatively small in Latvia, therefore according to the information available, there is no well-established court practice yet.
4. Broadcasting (radio and television)
The court decision of Constitutional Court of Latvia No. 2003-02-0106, 05 June 2003 ”On the Compliance of Article 19 (the Fifth Part) of the Radio and Television Law with Articles 89, 91, 100 and 114 of the Republic of Latvia Satversme (Constitution) as well as with Articles 10 and 14 (read together with Article 10) of the European Convention for the Protection of Human Rights and Fundamental Freedoms and Articles 19 and 27 of the International
321
The letter of The Association of Polygraphic enterprises of Latvia No.03./08 January 2003.
322 The letter of Press Publisher Association of Latvia of 08 January 2003 No. 01/1-03 “On classification of periodic publications”. 323 Supra 47. 6.183 6.184 6.185 6.186 6.187
Covenant on Civil and Political Rights” was dealing with sensitive issue of broadcast time in foreign languages. The Constitutional Court of Latvia established that the provision setting that total broadcasting time in foreign languages cannot exceed 30 percent of total broadcasting time per month, is disproportionate and unreasonably restricts freedom of speech. The Constitutional Court established that the challenged norm has legitimate aims, since “increase of the influence of the Latvian language will further the process of public integration and secure harmonious functioning of the society, and that is an essential precondition of public welfare”324. Nonetheless the Court further cited: “the state radio shall
be separated from the private organizations… if we think about the private radio, about the private broadcasting organizations, we have to remember that they are private, existing on money of their own and by limiting their air time we come into conflict with the relations of the free market (Verbatim Report of the Saeima 14 June 1995 Session)”325 and inferred that
the challenged norm does not reach the goal since the results of the research, attached to the materials of the case, proved that if – because of language restrictions - the residents cannot use the services of the local broadcasting organizations, they choose the services of broadcasting organizations of other states, most of all the Russian television channels326. Thus
the Court concluded that “the limitation to the use of language, included in the challenged norm, cannot be regarded as socially needed in the democratic society”327. So the Court by this decision widened the concept of the broadcast, excluding unconstitutional provision defining necessity for 30% of broadcast time in Latvian language.
5. Internet
Information society services law was adopted only on 17 November 2004, therefore it is impossible currently to discuss about any court or administrative practice so far. The only decisions in this regards are taken by the Competition Council mostly on unfair competition (operation without a licence) and violations in the field of advertising. The market definitions arising from these definitions are reflected in previous sections of this study.
V. Common factors and differences between these market definitions and the market