High court upholds public broadcaster's fee

The Constitutional Court has rejected a challenge to the subscription fee charged by Croatia's public broadcaster.

Croatia's Constitutional Court has quashed a challenge to legislation regulating the monthly fee public broadcaster Croatian Radio-Television, HRT, charges citizens. The court noted that the fee was not a parafiscal tax, but rather a “specific monetary obligation” to access broadcasts that are aired as a public service. HRT’s privileged position is justified because it provides a public service, the court ruled.

“Financing HRT has to be observed in light of its specific public role,” the court concluded in the decision.

The court found that the monthly 80 kuna fee was constitutional and that HRT was not abusing its role as public broadcaster.  The fee, the court said, was not related to owning a TV or radio, but rather access to “public broadcasting services.”

“The monthly fee is paid only by those citizens who, when purchasing a receiver, realize the possibility of accessing those broadcasting services that are conducted as a public service,” the court said.

The court rejected claims that HRT was exploiting its monopolistic position or that it is in a more favorable position than commercial broadcasters.