Slovakia

Last update: August, 2018

The Constitution of the Slovak Republic, as amended and approved in 1992, refers to the political and cultural heritage of its ancestors and of its Cyril and Methodius spiritual heritage. The preamble also contains a basic attempt at applying a democratic form of public administration, guarantees a life in freedom and the development of spiritual, cultural and economic prosperity.

The Constitution states that the Slovak Republic supports the national awareness and cultural identity of Slovaks living abroad, furthering its support to institutions established for the purpose of achieving the above objective and for supporting their relations with the motherland.

Article 34 stipulates that citizens who form a national minority or ethnic group are guaranteed the right to develop their own culture and, together with other members of national minority or ethnic groups, the right to spread and receive information in their mother tongue, to associate in national associations, and to establish and maintain educational and cultural institutions.

Article 43 guarantees the freedom of scientific research and art. The right to ownership of creative and intellectual property is protected by law. The right to have access to a cultural wealth is guaranteed under conditions stipulated in this special act.

Article 44 guarantees the right to the protection of an environmental and cultural heritage - "Everybody is obliged to protect and enhance an environmental and cultural heritage".

Last update: August, 2018

Public resources in the area of culture are distributed in accordance with the budget vote of the Ministry of Culture and the budgets of autonomous regions, towns and villages. The basic distribution of public resources at the central level is stipulated in the Act on the State Budget of the Slovak Republic for the relevant budget year (identical with the calendar year). At the level of public administrative bodies, the distribution of budgets for autonomous regions, towns and villages is predetermined by the decisions made by their autonomous bodies (representative bodies).

Financial Funds, in the budget voted upon by the Ministry of Culture, are distributed to individual budget programmes on the following basic structure:

• Creation, propagation, protection and presentation of cultural values:
  • institutional support of state subsidised and non-profit organisations;
  • a grant system; and
  • aid to the broadcasting of public media.
• Creation and implementation of policies:
  • the conception of a cultural policy and management and co-ordination of programmes; and
  • churches and religious organisations.
• Economic mobilisation of the Ministry of Culture (sub-programme of the programme coordinated by the National Economic Development Office).

For more detailed classification and a financial summary of the budget expenditure voted upon by the Ministry of Culture, see chapter 7.1.3.

The Ministry of Culture itemises funds for the state budget according to the Act on Budget Rules and the Act on the State Budget for the relevant year. The summary of tasks and processes that are provided by individual organisations for the relevant year, in accordance with the subject of activities of the particular organisation, form an integral part of the specification for the subsidised organisations.

Grants from the Ministry of Culture are distributed in accordance with a principle of open competition (tendering) for individual projects and activities. Individual applications for a subsidy from programmes of the grant system are assessed by the relevant special commissions, which are the advisory bodies of the Minister of Culture. The commissions also propose the amounts for the subsidy. On the basis of applications approved by the Minister of Culture, the Ministry concludes Agreements on the Providing of a Grant from the budget of the Ministry of Culture for individual applicants.

At the level of autonomous regions, the distribution of finances designated for culture is based on contributions to activities. A markedly smaller part of the budget for autonomous regions is designated as being distributed by means of tendering. One priority of the cultural policy at this level of public administration should be the gradual increase of the volume of financial resources distributed by means of an open competition for projects (tendering).

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Last update: August, 2018

The tax reform in Slovakia, carried out between 2004 and 2006, resulted in the introduction of a unified individual income tax rate, a corporation income tax rate and VAT in the amount of 19% from the tax base.

With regard to the course of tax reform, the Ministry of Finance dissented from the proposals regarding the application of tax tools (a decrease in tax liability, deductible items from the tax base, tax stimulus) focused on the increase of private investments in culture. Non-profit non-governmental organisations (NGO), focusing their activities in the field of cultural heritage, have been included on the list of authorised recipients of direct allocation of 2% tax from the individual income tax rate and corporation income tax. This direct allocation is on a voluntary basis and every taxpayer can specify such organisations as a recipient. A recipient of these funds must have been in operation for at least one year in the area stipulated by law and must be registered in the central register by Notary Offices.

In order to increase the availability of literature and to promote reading of books, the goods item books and music has been reclassified from 1 January 2008 to receive a decreased VAT rate of 10%. This reclassification includes school books and is in accordance with the European Directive on a common system of VAT. Publishers of books and music consider this tool to be of great assistance to the book market, resulting in the slowing down of the increase in the prices of books and music.

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Last update: August, 2018

The Ministry of Culture is the central body of the state administration for copyright and laws in this field. During access negotiations, in the area of intellectual property, the Ministry of Culture was responsible for the area of copyright and rights connected with copyright. International co-operation in the areas of culture, science, education and commerce, and membership in international organisations (especially World Intellectual Property Organisation, WIPO / OMPI) and the EU, forms the framework for the Slovak Republic's legal basis in the field of copyright.

The Slovak enactment of laws on copyright and rights connected with copyright are based on classical European standards and fulfils any and all criteria of the European Union from the point of view of law compatibility.

The basic legal regulation of the Slovak Republic governing copyright is Act No. 618/2003 Coll. on Copyright and Rights connected with Copyright (Authors' Act). This Act regulates relations originating in connection with the following:

• creation and use of literary or other works of art or scientific work;
• creation and use of artistic performance;
• production and use of sound recording and audiovisual recording (audiovisual fixation);
• broadcasting and use of radio broadcasting and television broadcasting;
• production and use of databases; and
• collective administration of rights.

The Act regulates the above relations so that the rights and legitimate interests of an author, performing artist, producer of a sound recording, producer of an audiovisual recording (audiovisual fixation), radio broadcaster and television broadcaster and the maker of a database are protected. The Act defines personal rights and the property rights of authors, performing artists and the holders of rights connected with copyright. It also regulates contract rights and the protection of rights.

The Act further regulates the operation of the collective administration of rights. The authorisation to carry out collective rights management is granted by the Ministry of Culture to individual organisations. Organisations of collective rights management pursuant to the Author's Act, and on the basis of a licence granted by the Ministry of Culture, are as follows:

• Slovenský ochranný zväz autorský (SOZA) - rights to musical works;
• LITA, autorská spoločnosť - rights of authors of literary, dramatic, graphic and / or visual art, photographic, architectural, choreographic and audiovisual works of art and works of non-decorative art;
• SLOVGRAM, an independent association of performing artists - rights of performing artists and rights of producers of sound recordings and sound and picture recordings and broadcasters;
• OZIS, association of Slovak interpreters - rights of performing artists; and
• Slovenská asociácia producentov vaudiovízii (SAPA) - rights of producers of audiovisual recordings and other holders of rights of audiovisual recordings.

The Ministry of Culture is the national co-ordinator of Directive 2001/29/ES (the so-called Information Directive). With regard to its operation, which also includes media (internet and other digital media included), and copyrights and rights connected with copyrights, the Ministry also participates in the processes relating to the standardisation of Digital Rights Management.

Last update: August, 2018

In the Slovak Republic, the protection of personal data is secured by Act No. 428/2002 Coll. on the Protection of Personal Data. The Act regulates:

• the protection of personal data of natural persons during their processing;
• rules governing the processing of personal data;
• safety of personal data;
• protection of rights of affected persons;
• flow of personal data through borders;
• registration and evidence of information systems; and
• establishment, position and operation of the Office of the Slovak Republic for the Protection of Personal Data.

The Office of the Slovak Republic for the Protection of Personal Data is a state executive, registration and supervisory body for the protection of personal data.

See chapter 2.5.4.

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Last update: August, 2018

Legislation in the area of culture in Slovakia began after the change of the political regime in 1989. Acts adopted in the former period were gradually replaced by new legal regulations - in respect of an entire transformation of the political, social and economic system of the Slovak Republic. Only two Acts adopted before 1989 are presently in force - Act No. 4/1958 Coll. on Folk Art Production and Arts and Crafts and Act No. 81/1966 Coll. on Periodicals and other Public Informative Mediums. During the time period between 1990 and 2000, this Act was amended many times, adapting it to changing legal and social conditions. In 2007, the Ministry of Culture submitted a new Press Act into the legal process, which should replace the present legal regulations, dating from1966.

Acts governing the area of media (new Acts on State Media - Slovak Television and Slovak Radio, the Act on Television and Radio Licence Fees and Television and Radio Broadcasting) and Acts governing the area of relations between the state and the Church (Act on Freedom of Worship and the Position of Church and Religious Societies) were the first legal regulations adopted after 1989. With regard to the area of media, the legislative regulation regarding the division of competences and property between the two republics forming the Czech-Slovak Federative Republic was also important. In order to ensure the free organisation of cultural life and artistic work, an Act on Funds for the Support of the Arts and an Act on the Grouping of Persons (enabled the creation of new Art Associations and Cultural Associations) was also important. The realisation of public cultural undertakings is regulated by Act No. 96/1991 Coll. on Public Cultural Events.

Basic legislation covering other areas of culture was also formed- cultural heritage and the preservation and care of historical monuments, audiovisual broadcasting, libraries, museums and galleries, theatre activities, official language etc. Acts on major national cultural institutes - the Slovak National Theatre, the Slovak Philharmonic Orchestra and the League for the Advancement of the Slovak Nation were also adopted. In 2000, Act No. 308/2000 Coll. on Broadcasting and Retransmission, governing the area of electronic media, was adopted; the adoption of this Act formed an integral part of the process of access of the Slovak Republic to the European Union.

Presently, the legal system of the Slovak Republic covering the area of culture consists of a set of several laws focused on the legal regulations of individual areas of culture. A general Act on Culture does not exist in Slovakia. The government, in its Programme Declaration for the time period of 2006 - 2010, intends to adopt an Act on the Financing of Culture, which would specify the general directions, types of resources for the financing of cultural activities, and also the mechanism of distribution, control and monitoring of the effectiveness of spending public resources. The legislative regulation covering the financing of development and spreading of the culture of national minorities and ethnic groups shall form an integral part of the Act. The Act should also stipulate the basic conditions of multi-source financing of culture, and specify the possibilities for increasing the share of non-state investment in culture.

Last update: August, 2018

The most important legal documents in the area of cultural heritage are:

• Declaration of the National Council of the Slovak Republic on the protection of cultural heritage No. 91/2001;
• Act No. 49/2002 Coll. on the Protection of Historical Monuments - regulating the conditions for the protection of cultural monuments and preservation. This Act defines the Historic Monuments Fund as a set of movable and immovable objects declared, pursuant to the above Act, to be national cultural monuments, architectural reserves and conservation zones; the Act further regulates the organisation and activities and competences of state administration bodies and the bodies of local self-governments, including the rights and obligations of owners and other legal entities and the imposition of fines as a consequence of illegal proceedings related to the protection of historic monuments;
• Act No. 200/1994 Coll. on the Chamber of Restorers and on the Performance of Restoration Work carried out by its members (the Chamber is a self-governing, apolitical and professional association of all restorers entered in the member list;
• Act No. 115/1998 Coll. on Museums and Galleries and on the Protection of Objects of Museum and Gallery Value- this Act regulates the preservation of objects of museum and gallery value as a part of cultural heritage, the creation of conditions enabling their protection, their use and accessibility in a manner which enables the spreading of knowledge, the scientific research and the familiarisation with history, culture and nature of Slovakia; the Act defines an object of museum and gallery value, a museum collection and a gallery collection, and museums and galleries as specialised organisations;
• Act No. 61/2000 Coll. on Public Education; and
• Act No. 270/1995 Coll. on the Official Language of the Slovak Republic.

Last update: August, 2018

This area is regulated by Act No. 384/1997 Coll. on Theatre Activities, regulating the establishment, unification, cancellation, position and operational activities of state professional theatres, professional theatres managed by bodies of territorial self-governments, other professional theatres and non-professional theatres, and the operational activities of state administration bodies, municipalities and autonomous regions. The Act also regulates the relations of theatre actors and other employees in this field.

The Act regulates the powers of the Ministry of Culture, autonomous regions, towns and villages as regards to the establishment, financing and supervision of entities performing theatre activities.

Act No. 385/1997 Coll. on the Slovak National Theatre regulates the activities, the position and symbol of the Slovak National Theatre as a professional and representative national cultural institution. The Act also regulates the budgetary control and management of the Slovak National Theatre as a state subsidised organisation subject to the Ministry of Culture.

Act No. 114/2000 Coll. on the Slovak Philharmonic Orchestra regulates the activities, the position and the basic administrative structure of the Slovak Philharmonic Orchestra as a professional and representative national cultural institution. The Slovak Philharmonic Orchestra is a state subsidised organisation subject to the Ministry of Culture.

Last update: August, 2018

Special legislation regarding fine arts and utility art in Slovakia does not exist. This area is covered by some related legal regulations (Act on Museums and Galleries, Act on Artistic Funds, Copyright Act).

Last update: August, 2018

The basic legal rule regulating the operation of the library system in Slovakia is Act No. 183/2000 Coll. dated 12 May 2000 on Libraries. This Act regulates the position and responsibilities of libraries, their establishment, the provision of library and information services to the public, the protection, use and access to historic library documents and the Historic Library Fund. According to this Act, the library system is part of a state information system consisting of the Slovak National Library, scientific libraries, university libraries, public libraries, school libraries and special libraries. The Act regulates the establishment of libraries, the rights and obligations of their founders, categorisation of libraries, financing of libraries, provision of library and information services, declaration of historic library documents and the Historic Library Fund.

In Slovakia, no special legal regulations regulating the area of literature, translation and the book market were adopted. The following related Acts regulate this area:

• Act No. 32/2001 Coll. on Obligatory Copies (refers to periodicals, non periodicals and copies of audiovisual work);
• Copyright Act; and
• Act No. 13/1993 on Artist Funds.

Last update: August, 2018

Film, video and photography

The basic legal norm regulating this area is Act No. 343/2007 Coll. on Conditions for Taking Evidence, Public Broadcasting and the Preservation of Audiovisual Works, Multimedia Works and Sound Recordings of Artistic Performances and on the change of and amendment to some laws (Audiovisual Act).

The Act regulates the obligations for production, public broadcasting and evidence-taking of audiovisual works, sound recordings of literary or musical works and multimedia works, the position of an independent producer, the position and activity of the Slovak Institute of Film, conditions governing professional storage of original mediums on which audiovisual works were for the first time recorded, sounds-video recordings and sound recordings forming the audiovisual heritage of the Slovak Republic.

The Act also defines some basic terms used in the audiovisual area, namely a Slovak audiovisual work, cinematographic works, producer of an audiovisual work, distributor of an audiovisual work, dubbing and other terms.

The Act stipulates and especially regulates:

• the obligatory registration of Slovak audiovisual works, Slovak sound recordings and Slovak multimedia works (a list is kept by the Ministry of Culture);
• the record of entities operating in the audio-visual field (a list is kept by the Ministry and data has been collected by the Slovak Institute of Film);
• the allocation of an international standard audiovisual work number (ISAN);
• the classification of audiovisual works, sound recordings and multimedia works from the point of view of their appropriateness for various age groups (unified system of labelling of audiovisual works and TV programmes);
• the obligations which must be fulfilled at public performances of audiovisual works (specification of obligatory data, regulations on language of audiovisual works);
• the advertisements during audiovisual presentations;
• the position, activities , tasks, management, administration and budgetary control of the Slovak Film Institute (the Institute also exercises all rights covering the Slovak audiovisual works which were created before 1991 by state organisation in the audiovisual field);
• the protection of audiovisual heritage (mandatory deposit and optional deposit of Slovak audiovisual works and conditions of performance thereof, the definition of the audiovisual heritage of the Slovak Republic);
• the specification and registration of independent producers in the audiovisual field; and
• bodies and supervision of adherence of the law.

By the Audiovisual Act, the European Convention on the Protection of Audiovisual Heritage and Recommendations of the European Parliament and the Council on film heritage and the competitiveness of related industrial activities were implemented into the legal system of the Slovak Republic.

On the 1st January 2009, the Act No. 516/2008 Coll. on the Audiovisual Fund and the amendment of certain acts came into force by witch the Audiovisual Fund has been created as an independent institution for the support and development of audiovisual culture and industry. The fund provides financial resources from the 1st January 2010 for the whole spectrum of activities connected with the development, production and distribution of audiovisual works. In 2010 the Audiovisual Fund supported 265 applications for 140 different subjects in the amount of 6.9 million EUR.

Mass media

Basic legal rules governing the area of electronic media (television and radio broadcasting):

• Act No. 308/2000 Coll. on Broadcasting and Retransmission;
• Act No. 619/2003 Coll. on Slovak Radio;
• Act No. 16/2004 Coll. on Slovak Television;
• Act No. 212/1995 Coll. on Television and Radio Licence Fees; and
• Act No. 220/2007 Coll. on Digital Broadcasting of Programme Services and the Provision of other Content Services by means of Digital Transmission.

The Acts on Slovak Television, Slovak Radio and Television and Radio Licence Fees regulates the function, tasks, activities, financing, budgetary control and management of public service media. According to the law, the above organisations are defined as national, independent, informative, cultural and educational institutions, providing their services to the public in the area of television and radio broadcasting. Financing of both institutions is ensured by the Act on Television and Radio Licence Fees (concessions). In 2007, the Ministry of Culture submitted a draft of a new law which should amend the definition of public fees and regulate the manner of collection and use thereof designed for ensuring services provided to the public in the area of television and radio broadcasting.

Act No. 308/2000 Coll. on Broadcasting and Retransmission is complex legislation regulating the area of television broadcasting, radio broadcasting and retransmission of programme services in the Slovak Republic. The body entitled to grant licences for television broadcasting, licences for retransmission, and the body in charge over the supervision of the observance of the laws on radio broadcasting is the Board for Broadcasting and Retransmission. Its members are appointed by the National Council of the Slovak Republic for a period of six years. The administrative, legal and expert activities and the monitoring of broadcasting is provided by the Office of the Board.

The Act, apart from defining the main terms, regulates the conditions governing the process of granting licenses for broadcasting, advertising, teleshopping and sponsored programmes broadcast, the protection of human dignity, the protection of under age persons and the right to remedy, access to information and important events through broadcasting to the public, the conditions governing the broadcasting of European works and works of independent producers, the transparency of financial relations of broadcasters (prohibition of property interconnection of broadcasters with each other and between broadcasters and publishers of national periodicals) and sanctions in case of a breach of the law.

The main obligations of broadcasters in relation to the content of the programme service are as follows:

• diversity of information and plurality of opinion within the broadcast programme service;
• objectiveness and impartiality of TV and radio reports and political and current affairs programmes;
• to provide for the use of the state language and the language of national minorities when broadcasting programmes and other elements of a programme service;
• as regards television broadcasting, to introduce and apply a uniform system of labelling programmes informing the spectators / listeners on the appropriateness of a programme for various ages (7, 12, 15 and 18 years of age);
• to designate the major share of airtime to works of European authors; the airtime dedicated to news programmes, sporting events, entertainment competitions, advertisements, teletext and teleshopping shall not be deemed to be a part of this airtime;
• to reserve at least 10% (licensed broadcasters) or 20% (public service broadcasters) of airtime to European works produced by independent producers; airtime dedicated to news programmes, sport events, entertaining competitions , advertisement, teletext and teleshopping shall not be included into the total airtime; this obligation shall also be deemed to have been fulfilled if a licensed broadcaster has dedicated at least 10% and a public service broadcaster at least 20% of its programme budget on the purchase and production of programmes of European works created by independent producers;
• to keep the time frame stipulated by the Law for Broadcasting of Advertisements, which must not exceed 15% of the airtime during a day, in the case of a licensed broadcaster (this amount can increase to 20% of airtime each day with the exclusion of teleshopping), and in the case of a public service broadcaster, it must not exceed 3% of the airtime each day (this amount can increase up to 10% of airtime each day to the exclusion of teleshopping); the airtime dedicated to the broadcasting of an advertisement and teleshopping must not exceed 20% (12 min) each hour; the airtime dedicated to the broadcasting of an advertisement between 7 pm and 10 pm must not exceed 8 minutes for each hour in the case of a public service broadcaster; and
• to observe the ban on sponsoring news programmes, sports news and political news.

Special obligations of a broadcaster relating to the Public Service Broadcasting Act are as follows:

• during the broadcasting of a television programme service, at least 25% of all broadcast programmes on every programme circuit must have been provided with hidden or open subtitles;
• during the broadcasting of a television programme service, at least 1% of all broadcast programmes on one programme circuit must be translated into sign language or must be broadcast in sign language; and
• to provide for a mixed programme structure, especially a majority proportion of programmes in the public interest.

According to this Act, programmes of public interest are programmes focused on the informative and cultural needs of listeners or spectators within the territory covered by the broadcaster's signal, in particular:

• programmes for under aged persons, focused on educational and informative purposes;
• news programmes;
• programmes focused on education and training, science and research;
• programmes which provide legal and other information, or support a healthy lifestyle, the protection of nature and the environment, the protection of life, health and property and safety on roads;
• programmes which present culture, with emphasis on the Slovak national culture and the culture of national minorities and ethnic minorities, their life and beliefs;
• programmes which present religious activities; and
• programmes designated for groups of citizens in social need.

Act No. 220/2007 Coll. on Digital Broadcasting regulates the conditions governing digital broadcasting of programme services and the provision of other content services by means of a digital transmission within the territory of the Slovak Republic, the rights and obligations of natural persons and legal entities in connection with digital broadcasting of programme services and the provision of other content services broadcast by means of  digital transmission, and the scope of action and competences of the public administration bodies on the regulation of the digital broadcasting of programme services and other content services provided by means of a digital transmission. The Act does not apply to content services accessible through the internet if this service isn't accessible by another manner of transmission.

The Act comprehensively regulates the process and the conditions governing the installation of digital transmissions in the Slovak Republic and the operation of supplemental content services. The Act also regulates the conditions governing the allocation and operation of a terrestrial multiplex in a television broadcast band, and specifies an individual, special public-legal multiplex. The Act also stipulates the mandatory offer regarding the allocation of a position in terrestrial multiplexer for a broadcaster having a licence for regional television broadcasting. The mandatory offer for a public broadcaster and a broadcaster having a licence for regional television broadcasting shall also apply in the case of allocation of a terrestrial multiplex within a broadcast band.

The Act prohibits the financial interconnection and personnel interconnection between authorised broadcasters and the operator of a terrestrial multiplex and a broadcaster with a nationwide licence. The Act also prohibits the concentration of ownership of operators of several multiplexes, if their signal can be received by more than 50% of all the inhabitants of the Slovak Republic.

The Act stipulates the conditions and procedures governing the transition to TV digital terrestrial broadcasting, which should be completed in the Slovak Republic by 2012.

Last update: August, 2018

In Slovakia, the sphere of culture does not specify any special legal regulations covering this area. The responsibility for architecture lies with the Department of Construction.