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The Service
As already mentioned, as regards the
regulation of the sector, the public
service concession holder's broadcasting
activity is regulated not only by the Law,
but by the Service Contract.
In accordance with the Service Contract,
the offering of quality programming,
which is to be in line with Italian values
and ideals, as well as with audience
sensitivities and the interest of minors, is
characterized by a range of content and
efficiency in production that gives the
public a positive image of the public
service provided, and this in terms of the
level of programming, the
appropriateness of the mission that it is
required to fulfil as compared with
commercial broadcasting, and the cost
of the licence fee.
To that end, the following is a list of the
primary responsibilities:
• the freedom, completeness,
objectivity, and pluralism of
information;
. safeguarding the national identity, as
well as local identities and the
identities of the minority language
groups;
• the nation's political and economic
developments and the challenges of
modernization;
• the developments in political and
economic relations with European
partners and the dissemination of the
key aspects of their cultures;
• providing information on the politics,
economies, and societies of non-EU
countries, particularly the world's
least-developed nations both
economically and socially;
• promoting culture, history, traditions,
and artistic heritage;
• respect for the environment;
• representing the reality of daily living
in Italy;
• promoting employment and
employment conditions;
• the issues of civil law, solidarity,
feminism, equal opportunities, and
integration;
• public safety, reporting violence,
crime, breakdown of the social fabric
and social marginalisation;
• focus on the family;
• the protection of minors, the elderly,
and other groups in need of
protection.
On 6 April 2011, at the Ministry for
Economic Development, the Service
Contract with Rai, issued for the
2010-2012 term, was signed. The
Contract will come into force, upon
completion of the approval procedure,
the day after publication in the Official
Gazette of the Italian Republic. The
main elements of the Contract are
summarised below.
Digital Terrestrial Television
The term of validity of the Contract
covers the switchover phase by the
Italian television system from analogue
to digital.
Within this framework, the switchover
represents the central element of the
Contract, both in terms of the offering
and of technological development.
As regards the offering, the Contract
requires Rai to create "general interest,
semi-general interest and specialized
channels to fulfil the Public Service
mission; in this area, Rai develops and
articulates the offering of new channels
with the aim of reaching all audience
targets thanks to programming open to
innovation and conceived in view of the
growing complexity of television
audiences".
It envisages:
• expansion to the new digital channels
of the setting for definition of the
predetermined offer of Public Service,
with an increase in the minimum
charge share from 65% to 70%;
• the development of specialized
channels. This concerns minors (with
Rai making a commitment to create
two channels specifically for preschool
and school children), Italian
and European audio and visual
channels, information (with a
commitment by Rai to reserve "a
specialized channel for information
and general investigation").
As regards technology, the forecasts
requiring Rai to play a driving role in the
switchover of the Italian television system
to the new digital technology are of
particular importance. In this setting, the
Concession Holder is required to
"implement the process of conversion of
the networks to digital technology in
accordance with the timing and methods
indicated by the Ministry, as well as the
Master Plan of conversion activities,
drawn up by the Ministry for each of the
technical areas".
Consolidation of the
Public Service role
The Contract introduces a series of
standards aimed at consolidating the
public service role assigned to Rai. In
this sphere the Rai is required to "create
a comprehensive offering of quality
programming, which is to be in line with
Italian identity, values and ideals, as well
as with audience sensitivities and the
interest of minors, respectful of women
and their human, cultural and
professional dignity, characterized by a
broad range of content and efficiency in
production", identifying the principles
and general criteria for the pursuit of this
aim.
The principle which establishes that Rai -
among other things - must ensure "the
quality of information as a necessary
presidia of pluralism, completeness and
objectivity" and favour "also through
journalistic information, the development
of a critical, civil and ethical sense of
national collectiveness, with respect for
the right/duty to provide information, the
truth of the facts and people's right to be
informed".
This also comprises the provisions
requiring that Rai "apply, during the
exercise of its activity, the principles,
criteria and rules of conduct contained in
the Code of Ethics and the Charter of
Duties of Public Service Operators,
considered as the combination of values
which Rai acknowledges, accepts and
shares and the combination of
responsibilities taken on by Rai within its
own organization and with others, and
consequently to sanction every form of
behaviour that goes against the letter
and spirit of the above-mentioned
documents, using the methods
envisaged therein".
The principles that establish that Rai "is
required to acknowledge in the Code of
Ethics (the pertinent part) and in the
Charter of Duties, the Code of Selfconduct
on the matter of the portrayal of
legal issues in radio and television
broadcasts, signed on 21 May 2009, the
Code of Self-conduct of broadcasts
commenting on sporting events, known
as the "Sport and media code", signed
on 25 July 2007, and the TV and minors
code pursuant to article 34 of the
Consolidated Law, as well as specific
provisions for reality programmes, to be
communicated to the Ethics Commission
within three months of entry into force of
this Contract".
Also of importance are the commitment
to contrast "concealed forms of
advertising", developing a new
monitoring system, and the commitment
to publish the results to the Ministry for
Economic Development, the AGCOM
(Italian Communications Authority) and
the Parliamentary Monitoring
Commission.
The new Contract aims to launch a new
cultural trend, requiring Rai to observe
"the correct portrayal by television of the
image of women and the female world
in general" also through the promotion
and exploitation of "a new direction in
the use of the female figure, with
complete respect for the professional
and cultural dignity of women, also with
a view to contributing to the removal of
the obstacles that limit equal
opportunities".
Ratio between costs and revenues
relating to the Public Service mission
The Contract introduces a series of
defensive standards that allow Rai to
propose changes to the Contract in the
event of significant alterations to ratio
between Public Service costs and
revenues.
In this setting, we can see how the role
of the Ministry-Rai Joint Commission has
been strengthened. Not only is the
Commission responsible (as already
seen in the Contract currently in force)
for "defining - in line with the evolution
of the reference setting - the most
effective operating methods for
application and development of the
activities and obligations envisaged in
this contract", but also for:
•"a) defining the appropriate
interventions to overcome the
difficulties of application and
interpretation which might emerge;
• b) informing the parties to the contract
of significant alterations to the
contractual balance, also in terms of
the proportional and adequate ratio
between Public Service mission and
costs and relative funding, suggesting
the measures best suited to reestablishing
it".
It is also deemed appropriate to mention
the Ministry's commitment to "identify,
with the involvement of the pertinent
administrations, the most effective
methods to contrast evasion of the
licence fee, suggesting appropriate
legislative initiatives and taking the
necessary administrative measures".
The new Service Contract will make Rai's
Ethical Code, as approved by the
Company's Board of Directors in 2003,
binding with regard to the importance of
the commitments envisaged in said
Code.
With a subsequent resolution, the
Company's Stable Commission, as
envisaged by article 1.5 of the Ethical
Code, was set up, in order to supply
assistance and support with the
implementation and control of the
observance and effectiveness of the
Ethical Code.
As envisaged by its regulations,
approved in the first meeting held on 29
November 2004, the Commission met
once a month.
Since 2005, the Ethical Code has been
an integral part of Rai's Organization
and Management Model under
Legislative Decree 231/2001. It has
been distributed to employees and staff
members and is referred to for formal
adhesion in all the agreements and
contracts entered into. The Code can
also be found on the corporate website
(www.rai.it).