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According to the Police, the lawsuits were initiated for not wearing masks and for breaching the prescribed distances.
“Eight people who agreed that an administrative violation report with a fine payment order would be emailed to them, officials have already done so. Individuals have to pay 250 euros each within the established period ”, indicates the police report.
It is also reported that 12 other people have been summoned to a police station to draw up an administrative infraction report.
“Not all people cooperate with police officers, some ask to communicate through their managers or lawyers,” says Kaunas County Police.
The police also launched administrative lawsuits last Monday against the broadcasters, collecting information and data related to the filming throughout the week. Officials also analyzed the live broadcast recordings and video surveillance cameras from the Žalgiris Arena.
According to the Kaunas police, various documents about the broadcast and the people who participated in it were requested from the organizers.
“The organizers communicate and cooperate with the police, they delivered the requested documents during the week and the officers began their analysis,” the police said.
Law enforcement promises to be briefed on final decisions to be made later.
Administrative proceedings were initiated for violations of public health legislation that endangered the spread of dangerous or particularly dangerous communicable diseases during emergency quarantine.
Natural persons are threatened with 500-1500 euros, legal persons – 1.5 to 6 thousand. EUR fines.
Due to possible violations of the MAMA broadcast of the music awards held at the “Žalgiris” arena in Kaunas, the police received around several dozen reports.
Already during the broadcast, there was outrage in the public space because the quarantine rules were not followed, masks were not used and there were no safe distances. Some called the event a “party during the plague.”
Organizers said there were no outsiders at the filming, all contestants were screened for COVID-19 prior to the awards, and staff wore protective masks.
Evaluation by an attorney
Laurynas Lukošiūnas, a partner at the Sorainen law firm and a lawyer, also commented on this situation.
“The Lithuanian Music Awards MAMA, which took place on Saturday, received criticism very quickly as to whether now is the right time for such activities. It is important to mention that there were no spectators in the room, only pre-registered nominees and nominations. Furthermore, all of them individuals were required to submit a positive COVID-19 antigen test no more than 2 days prior to admission to the awards.
Legally, the situation is unique and uncertain. Filming of shows and similar activities is not prohibited if safety requirements are met. However, there is currently no clear distinction between an event and a television show. It is clear that there is regulatory uncertainty and different interpretations.
On the other hand, it is not forbidden to carry out work if necessary and if the established requirements regarding flow management, distance, protection measures are observed. There is no doubt that filming a program, in this case a live broadcast, can be considered work. The production of audiovisual works is not prohibited, in accordance with the provisions of the Public Information Law. It is debatable whether such a show was necessary during the pandemic, but there are certainly legal arguments on the part of the organizers and participants. The MAMA awards can be seen as the production of a show, while the musicians and opinion formers obtain income from these activities, so it can be considered that they went to the filming location for work reasons, which is allowed by the Resolution Applicable government. The separation of personal flows and the use of masks also have certain exceptions provided in the decisions of the Operations Manual.
Despite the lack of certainty, the Lithuanian police have already begun to delve into the circumstances of the incident. If violations are found, the law does not provide for the possibility of warning during quarantine. Therefore, financial penalties are likely to be imposed. In a quarantine situation, the fines range from € 500 to € 1,500 for individuals and € 1,500 to € 6,000 for legal entities. But, as mentioned, there is a lack of legal certainty and the assessment of possible infractions is not unequivocal.
Organizers of the awards said they were willing to defend their rights in court. The situation is truly unique, as there are not many precedents, but the organizers will have legal arguments. It can be seen that they are already “doomed” in the public sphere, but such an assessment is premature. Until now, the jurisprudence has not been formed even in previous cases in progress on the operation of stores in quarantine conditions, due to the loud sound of 300 m2 M. meter. and other restrictions.
The epidemiological situation in Lithuania and in the world is changing very rapidly. At the same time, the restrictions are tightened or relaxed, but the activity of the institutions in the interpretation of the restrictions and their application is lacking. Business advice should not be punished, but above all. The current legal framework for quarantine restrictions is very dynamic, constantly evolving, and has many laconic wording. They must be interpreted in light of the realities of practical application. At present there is a great lack of legal clarity and formal interpretation.
The resulting situation will be an important catalyst for clarity on this issue. We should see the jurisprudence of the institutions and the courts on this in the near future. It is important to learn the relevant lessons from this history and have legal certainty, because the entertainment business and the public’s right to information have not disappeared, ”said the lawyer.
