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Restrictions of the right of defense of the Czech Television and Czech Radio in the light of their codes

Publication at Faculty of Law |
2021

Abstract

The paper deals with the exercise of the right of defense from the perspective of two specific entities - Czech Television and Czech Radio, which as public service media provide a public service in the field of television and radio broadcasting. From the legal regulation point of view, these entities have the same rights and obligations as any other legal entity against which criminal proceedings are being conducted.

However, while exercising of the rights of the defense, they are limited by their own codes, ie a set of rules submitted by their councils for approval by the Chamber of Deputies. But, according to the legal regulation, the codes are to set out only the principles of fulfilling the public service in the field of television and radio broadcasting, and in no way should they relate to judicial or administrative proceedings in which these entities participate.

Paradoxically, as a result of its own initiative, the constitutionally guaranteed right of defense of these subjects could be restricted, which cannot be considered comprehensible or legitimate.