public service broadcasting in central asia
Legal Mapping Of Public service Broadcasting in Kyrgyzstan
THE DRAFT LAW "ON TV/RADIO BROADCAST"
Present law is used in reference to broadcasters and producers of TV/radio production, founded in the Kyrgyz republic.
Purpose of law
Present law is adopted for the purposes of:
§ ensuring legal base of founding and activity of broadcasters and producers of TV/radio production;
§ ensuring constitutional right on freely search for, give and distribute mass information;
§ ensuring objectivity and completeness of information about all sides of society life;
§ ensuring interests of consumers, reflecting opinions of politic, religious, national, social, age and other groups of population with observance of public and state interests;
§ establishing order of licensing in the field of tele- radiobroadcasting.
Sphere of given law application
Present law applies in reference to broadcasters and producers of TV/radio production, registered in the Kyrgyz Republic according to the acting legislation.
Present law does not apply in reference to teleradiobroadcasting of closed sort (production, technological, educational, service, etc.), as well as to radio amateur and other sort of radio link, which acts on the base of individual call sign or distributes special sort of information transmissions of which are not directed to mass receive.
Legislation on teleradiobroadcasting
Legislation of the Kyrgyz Republic on teleradiobroadcasting is a part of legislation on mass media and is based on the Constitution, Law of the Kyrgyz Republic "On mass media", "On defense of journalist professional activity", "On guarantees and free access to information", present law and other legal acts of the Kyrgyz Republic.
If statements of international agreements, ratified by Jogorku Kenesh of the Kyrgyz Republic set other rules than provided by present law, then statements of international agreements have the priority.
Freedom and independence of teleradiobroadcasting
In the Kyrgyz Republic the right of citizens on freely search for, receive, production and distribute of mass information through teleradiobroadcasting is guaranteed by the state.
Teleradiobroadcasting in the Kyrgyz Republic is undertaken freely, independently and shall not be limited except as described in the Constitution and laws of the Kyrgyz Republic.
In the sphere of TV/radio broadcasting, censorship is not permitted and the creation of any organizational structures, which can undertake censorship functions, is similarly forbidden.
Teleradiobroadcasting company observing requirements and conditions notified in broadcasting license has the right freely to make decisions about contents of its programs.
For the purpose of this law the following definitions shall hold:
TV/radio broadcasting is the distribution of TV/radio programs and additional in formation with the use of the air (land or satellite transmitter) or cable (wire, digital computer or other) networks in the open or encoded form, intended for the individual reception by unlimited circle of persons;
TV broadcast or radiobroadcast is separate, complete in organizing and subject reference, part of TV or radio program, containing reports and materials, prepared and destined for TV or radio broadcasting;
TV program or radio program is totality of TV or radio broadcasts following each other in foreseen order, which are transmitted with the help of radio frequency spectrum, cable or wire network;
Additional information is any (alpha, digital, graphic, sound) information unconnected with the contents of basic program, transmitting in the body of teleradiobroadcasting signal and intended for individual reception by unlimited circle of persons;
TV/radio production is audio, audiovisual works consisting of fixed series of shots connected between each other (accompanied by sound or not), destined for visual or hearing ( in case of accompanying by sound) perception with the help of technical means;
Tele- radio production producer is physical or juridical person, specializing in producing tele- radio programs, tele- radio broadcasts;
Broadcasting license is written permission, giving the right on teleradiobroadcasting with the use of determined frequency, cable or wire network considering the location of transmitting devices and service area;
Broadcaster is juridical person acting on the base of broadcasting license, forming the broadcasting net, organizing distribution of tele- radio programs and additional information using radio frequency spectrum and having responsibility for the contents of distributed programs;
Technical means of TV/radio broadcasting is equipment which supports the preparation of TV and radio programs and their transmission on technical communications means;
TV/radio broadcasting signal is the radiation, one or several characteristics of which can be changed for transmitting television (sound) programs and additional information;
Individual reception is a direct reception of tele- radio programs, tele- radio broadcasts from transmitting devices by simple home devices with antennas of small size without right of next rebroadcasting;
Service zone is the zone of action of existing or planned tele- radio broadcasting transmitter, in which conditions of individual reception correspond to the requirements of acting standards and rates;
Relay is simultaneous transmitting tele- radio broadcasts by one broadcaster, transmitted by other broadcaster;
TV/radio broadcasting frequencies list is a document which consists of a list of the frequencies set aside by authorized organs of executive authorities for the purpose of teleradiobroadcasting;
Network of telebroadcasting or radiobroadcasting is a totality of radiofrequencies, channels of cable and wire networks, used by broadcaster for the purpose of telebroadcasting or radiobroadcasting;
Transborder teleradiobroadcasting is teleradiobroadcasting service zone of which includes territory of other states.
ORGANIZATION OF TELERADIOBROADCASTING
Order of teleradiobroadcasting realization
Teleradiobroadcasting in the Kyrgyz Republic is realized on the base of broadcasting license.
Frequencies set aside for telebroadcasting and radiobroadcasting are limited national resource and are granted to broadcaster on the tender base.
Search for audio, visual and audiovisual mass information
Journalists producing TV/radio production can't be restricted in their right to search for and to request information, to make notes, in other their rights except as described in laws of the Kyrgyz Republic.
Journalists producing TV/radio production can be accredited under state organs, commercial and non profit organizations with conditions established by accrediting organ in accordance with legislation of the Kyrgyz Republic.
Accrediting organs (press-services, press-centers, press-bureaus, press-agencies) have no right to refuse in accrediting journalists, making production of TV/radio production, if issued legal act on opening such press-services (about appointments of persons having responsibility for press relations). Legal status of accredited journalist is defined in accordance with legislation of the Kyrgyz Republic on mass media.
Broadcaster accomplishes distribution of TV/radio programs, registered as mass media in accordance with Law of the Kyrgyz Republic "On mass media".
TV/radio programs distributed by broadcaster can be produced both by broadcaster himself and by other producers of TV/radio programs.
Teleradiobroadcasting is fulfilled by broadcaster by means of using his own or leased technical means of communication.
When distributing TV/radio production produced by other mass media it is necessary to refer to it.
Rebroadcasting TV/radio programs, TV/radio broadcasts is allowed only on the base of contract, concluded between broadcaster and organization making rebroadcasting.
Relations between producers of TV/radio production and broadcaster are regulated by Civil legislation of the Kyrgyz Republic.
Conditions and order of advertisement distribution by broadcaster are established by legislation of the Kyrgyz Republic on advertising.
Conditions and order of limiting concentration of mass information, distributing by broadcasters, are regulated by norms of legislation of the Kyrgyz Republic on competition and limitation of monopoly activity on trade markets.
Distribution of election agitation
Conditions and order of distribution by state broadcasters election agitation materials are established by legislation of the Kyrgyz Republic on elections and referendums.
Emergency broadcasting on behalf of state authorities of the Kyrgyz Republic is accomplished in case of declaring emergency situation or martial law.
In case where an emergency situation or martial law has been declared, network of television and radiobroadcasting (state and non-state) immediately is afforded to President of the Kyrgyz Republic and Jogorku Kenesh (Parliament) of the Kyrgyz Republic.
Charitable and sponsorship activity in the sphere of teleradiobroadcasting
Charitable and sponsorship activity in the sphere of teleradiobroadcasting is a non profit activity of physical and juridical persons, which make financing broadcasters or producers of teleradioprograms, separate teleradiobroadcasts.
Charitable financing and sponsorship of state broadcasters are not allowed.
It is prohibited financing and sponsorship of:
information TV/radio programs, TV/radio broadcasts;
from politic parties, other politic units, as well as persons making politic activity, which in its turn influences on forming public opinion.
Teleradioprogram, teleradiobroadcast, financed by subject of charitable activity or by a sponsor, must contain clear and understandable titles, symbols, scripts or announcements reporting it.
In case if subjects of charitable activity and sponsors in the sphere of TV/radio broadcasting are juridical and physical persons making business, object of that is goods and services, advertisement of which is prohibited by legislation of the Kyrgyz Republic, then such TV/radio programs, TV/radio broadcasts must not contain data about subjects of charitable activity and sponsors.
Types of broadcasters
There are state and private broadcasters working in the Kyrgyz Republic.
(1) State broadcaster is a juridical person with the status of the state institute, established by the state and local authorities of the Kyrgyz Republic.
(2) State broadcasters are created for the purpose of state providing the constitutional right of the citizens for the free informational access, including the access to the political, economical, artistic, educational, scientific, and other socially important information.
(3) Goals of the state broadcasters defined by the purpose of their founding are:
accomplishment of the national television and radio broadcasting according to the best native and international cultural traditions on a corresponding to the international technical standards level.
accomplishment of the state duty to provide physically invalid citizens with the right on a free search and receipt of the information.
accomplishment of the informational policy that furthers the security (including the informational security ) and the state entirety.
(4) State broadcaster creates broadcasting network basing on the interests of citizens and state authorities. It is due to:
§ distributing the official messages during a period of time convenient for the citizens, provide them with an opportunity to know the official position of all the state authorities;
§ cover in an equal measure the activity of all the state authorities in Kyrgyz Republic, the political side of the country, avoiding giving the preference to some certain political movements;
§ equally provide representatives of different national, social, age and other groups of people with an opportunity to get in the air;
§ in the programs and broadcasts place the information about political and public life in the Kyrgyz Republic;
§ promote saving and enlarging the cultural values, cultural property and heritage of the people of the Kyrgyz Republic;
§ promote saving and development of state language of the Kyrgyz Republic;
§ promote saving and development of languages of the other people living in the Kyrgyz Republic;
§ promote distributing the production for children and teenagers as well as the production for the family examination;
§ distribute messages and materials for deaf and hard of hearing people;
§ provide the television and radio audience with an opportunity to choose tele- and radioprograms and broadcasts.
Each state broadcaster can get a license for broadcasting through one television and radio broadcasting network having the same broadcast area coverage.
State broadcaster is found by organs of state authorities of the Kyrgyz Republic.
Order of founding and acting state broadcasters is established by normative legal acts not contradicting present law.
Financing of the state broadcasters
(1) Financing of the activity of the state broadcasters is carried out at the expense of the state budget and other sources.
(2) The broadcasting volumes of the state broadcasters, establishing in accordance with acting legislation of the Kyrgyz Republic, are obligatory for the execution. Their financing is guaranteed by the state.
(1) Private broadcasters form the broadcast net on their own with an accordance to the demands of the present law, other active laws as well as the broadcast license.
(2) Interference of the state authorities into activity of the commercial broadcasters is prohibited with an exception to the cases foreseen in the law.
Financial basis of the activities of private organizations
The financial activity of commercial broadcasters is based on the sale of the broadcaster's air for advertising, as well as on the financial support of sponsors and other incomes from the other types of financial activity not expressly forbidden by the legislation.
TV/radio production for the state needs
(1) Any mass media, irrespective of the form of property, can carry out the fulfillment of the state organizations' tasks for the producing and distribution of programming for the state needs and, foremost, for the needs of military defense, security, defense of the civil order, culture, science, education, and healthcare.
(2) Payment of production for the state needs, produced by the nongovernment broadcasters, is financed out of the corresponding budgets.
(3) State, in person of authorized organs of the Kyrgyz Republic, has the right to form the list of programs and broadcasts, foremost, for children and teenagers, deaf and hard of hearing people, as well as the inquiry, and educational materials, which belong to the production for the state needs and also to announce the tender on their producing.
Broadcasters are obligated to daily inform through the air their names, information about their symbolic, as well as the other output data, foreseen by the legislation of the Kyrgyz Republic.
STATE AND PUBLIC REGULATION IN THE AREA OF TELEVISION AND RADIO BROADCASTING
Goals of the state and public regulation in the area of television and radio broadcasting
Regulation in the area of television and radio broadcasting is accomplished for the purpose of providing freedom of speech and press, the rights and legal interests of television and radio audiences, producers and distributors of mass media, including audio, visual, and audiovisual information, as well as other information, the development and accomplishment of national policy in the area on television and radio broadcasting, including the area of licensing the regional use of the naturally limited resource, the radio frequency spectrum, for television and radio broadcasting.
State and public regulation in the area of television and radio broadcasting is accomplished by the National commission on teleradiobroadcasting of the Kyrgyz Republic.
National commission on teleradiobroadcasting of the Kyrgyz Republic
National commission on teleradiobroadcasting of the Kyrgyz Republic (hereafter National Commission) is a specially authorized body of the state and public regulation and control in the area of television and radio broadcasting.
National Commission accomplishes the distribution of the radio frequency spectrum, intended for television and radio broadcasting with the purpose of organizing the activity of television and radio broadcasting.
The spectrum for television and radio broadcasting is being defined and approved by the State radio frequency spectrum Commission of the Kyrgyz Republic.
Authority of the National commission on teleradiobroadcasting
Development and provision of the execution of state policy in the area of television and radio broadcasting, including the area of licensing the television and radio broadcasting.
Development of the motions for the President of the Kyrgyz Republic on the execution of state policy in the area of television and radio broadcasting.
Consultation in the area of television and radio broadcasting for the President of the Kyrgyz Republic, Government of the Kyrgyz Republic, Legislative Committee and the Committee of the National representatives of Jogorku Kenesh (Parliament) of the Kyrgyz Republic and their special commissions and committees.
Public distribution of the radio frequency spectrum for the purposes of television and radio broadcasting.
Ensuring the observance by the licensees of terms stated in the licensing agreement.
Announcement, and development of the terms for the organization and carrying out tenders for getting licensed in broadcasting.
Creation and publication of the list of broadcasting licensees and forming the open database with the terms of getting broadcast licenses, issued on the territory of the Kyrgyz Republic.
Making decisions to issue, suspend or annul licenses for broadcasting.
Consideration of the complaints and restrictions of the National Communication Agency concerning the questions of licensing in the area of television and radio broadcasting.
National Commission in its activities follows the considerations of Constitution of the Kyrgyz Republic, the present law, other legislative statements of the Kyrgyz Republic, international agreements in the sphere of media and telecommunications, and its statute.
The statute of the National Commission is sanctioned by Jogorku Kenesh (parliament).
The activity of the National Commission is based on the principles of independence, cooperation, and freedom of speech.
The National Commission is elected for the five-years period.
The order of forming the National commission on teleradiobroadcasting
National commission on teleradiobroadcasting consists of seven people: chairman and six members of the commission.
The staff of the National Commission is formed as following:
Chairman of the National Commission is appointed by President of the Kyrgyz Republic;
Chairman of the National Commission is appointed for five year period;
Four members of National commission are suggested and confirmed by Jogorku Kenesh: 2 - from Law Assembly and 2 - from People's Representatives Assembly of the Kyrgyz Republic from a number of the most authoritative and qualified persons in the sphere of journalism, law, teleradiobroadcasting, management as well as famous persons of science, culture and art. They are confirmed by qualified majority of voices - two third of all voters - for the term of 5 years but no more two terms running. Given candidatures can be presented for consideration by professional units of broadcasters and producers of television and radio production.
National commission includes on permanent base:
Chairman of State commission on radiofrequencies;
Director of National communication agency.
National commission chooses deputy chairman among commission members.
Deputies of Jogorku and state officers can not be members of National commission, except those who is appointed on permanent base.
Members of commission on teleradiobroadcasting making their activities follow the Constitution and norms of acting legislation.
Authorities of commission member can be early stopped in the following cases:
application of commission member about resignation;
either loss of kirgizstani citizenship by commission member or getting citizenship of other state;
appearing limitations foreseen by position 5 of present article;
taking guilty verdict referring to commission member into effect;
declaring commission member to be incapable, limited capable, absent in place unknown or dead by the court decision taken effect.
Not later than 2 months from the day of preschedule stop of powers of National commission member, corresponding organs offer new member of National commission on teleradiobroadcasting.
For realization of its authorities National commission has the right to create working commissions as well as to attract consultants and experts.
National commission on teleradiobroadcasting annually publishes report about its activity.
Organization of activities of National commission on teleradiobroadcasting
Chairman of commission organizes and manages activities of National commission.
Chairman by necessity, but not less than one time per month gathers board.
Board is competent only when two third of all commission members present.
Board is conducted open and publicly for all interested persons.
Decisions of National commission are made by majority of commission members presenting at the board. After decision has been made it should be published in mass media.
Boards of National commission are registered in protocol and signed by Chairman of commission.
Preparation of needed documents for give of broadcast license with use of radio frequency spectrum, organizational, methodic and other help to National commission on teleradiobroadcasting, as well as executing its decisions are entrusted with National communications agency.
Guarantees of independence of members of National commission
Commission members when making their activities are independent from organs of state authorities and organs of local authorities and work on the public base.
Chairman and deputy chairman of National commission can not be members of any other party, deputies of Jogorku Kenesh.
All commission members can not be license-holders or one of the founders of mass media or get profit from mass media activity.
LICENSING ACTIVITY IN THE SPHERE OF TELERADIOBROADCASTING
Licensing of teleradiobroadcasting
Licensing of tele-radiobroadcasting is realized by National Commission on tele-radiobroadcasting (licensing organ) in accordance with the positions of present law, establishing peculiarities of licensing in the sphere of tele-radiobroadcasting.
Right on possessing broadcast license
Juridical persons of the Kyrgyz Republic Broadcast can be license-holders in accordance with requirements of present law.
Guarantees of broadcasters rights
Broadcast license is a very necessary legal basis for use of frequencies, cable and wire network on the territory of the Kyrgyz Republic for the purposes of teleradiobroadcasting, except as described in present law.
Broadcasting license, providing the right to use frequencies for purposes of the air broadcasting (radio frequencies ), are afforded in accordance with list of frequencies of tele-radiobroadcasting.
Citizens, public units, state government organs, state government organs of subjects of the Kyrgyz Republic and local authorities, juridical persons, regardless of their organization-legal form and form of property shall not limit broadcaster in realization of rights, obtained in accordance with broadcasting license.
List of teleradiobroadcasting frequencies
List of teleradiobroadcasting frequencies is composed by State commission on radiofrequencies of the Kyrgyz Republic according to National schedule of frequency distribution between radioservices of the Kyrgyz Republic.
List of teleradiobroadcasting frequencies must contain complete information about all free and accessible frequencies.
List of teleradiobroadcasting frequencies for land air, wire and cable teleradiobroadcasting on the territory of the Kyrgyz Republic includes information about location of working or planned, proposed to work on frequencies communications means with notifying broadcaster and communication operator in the sphere of teleradiobroadcasting, numbers of licenses and potential service zone.
List of teleradiobroadcasting frequencies for direct satellite teleradiobroadcasting on the territory of the Kyrgyz Republic includes information about orbital satellite positions and frequencies, set aside for the Kyrgyz Republic with notifying broadcasters and communication operators in the sphere of teleradiobroadcasting, numbers of licenses and potential service zone.
National commission on teleradiobroadcasting annually publishes List of teleradiobroadcasting frequencies.
Application for getting broadcast license
Applications for getting broadcast license are applied in accordance with List of teleradiobroadcasting frequencies.
Applications for getting broadcast license with the use of frequencies not included in List of teleradiobroadcasting frequencies must contain also data about possibility of using these frequencies for the purposes of teleradiobroadcasting and qualified data about technical support of using these frequencies suggested by applicant.
State commission on radiofrequencies together with NCA coordinate possibility of using these frequencies for the purposes of teleradiobroadcasting and put corresponding changes in List of teleradiobroadcasting frequencies, afterwards publishing it.
In case of announcing tender applications are handed not later than 30 days from the moment of announcement.
There notifies in application for getting broadcasting license:
name and juridical address of applicant;
way of information distribution;
period and maximum capacity of teleradiobroadcasting;
supposed service zone;
data about earlier given broadcast licenses to an applicant and about mass media founded by him as well as list of mass media production and distribution of which an applicant engages in;
date of application.
Copy certificate of registration as mass media is attached to application for getting license.
Decision about giving license or refusing one is made not later than month from a day of applying with all needed documents.
In case when it's required to coordinate with international agreements, term of license consideration is prolonged for necessary time, required in accordance with international norms and agreements, but no more than for three months.
Rejection of application for getting broadcast license by the reason of breaking requirements of given application does not deprive of applicant to apply secondly after correction of noted breaks.
Refusal of application accept can be appealed in the court order.
Affording broadcast license
When affording broadcast license it is considered:
program policy and themes directness of broadcasts;
need of difference of themes of TV/radio programs;
observance of real proportion which means broadcasting by TV/radio company its own programs and broadcasts;
technical and finance possibilities for accomplishing teleradiobroadcasting with applied characteristics or approximated to them;
correspondence of applicant's conditions to tender's conditions;
results of open hearing of applicant's representatives.
Applicant claiming to getting broadcast license, giving the right on use of cable or wire network for the purpose of teleradiobroadcasting, must present technical suggestion of creating cable or wire network, coordinated with state authorities of subjects of the Kyrgyz Republic and municipal authorities within limits of their competency.
Coordination with applicant of broadcasting license needed conditions and choice of broadcaster should be fulfilled not later than 60 days after registration of application in National commission or not later than 30 days after term expiration, established for applying for getting broadcast license in accordance with List of teleradiobroadcasting frequencies.
Tender on getting broadcasting license
In case of applying for getting broadcasting license by some applicants with the use of the same frequency from the List of frequencies or in similar case of the tele-radiobroadcasting limited by one service zone, broadcasting licenses are given on the tender base.
National Commission works out tender statements and conditions are proclaimed within month until the end of receiving applications for participation in the tender.
Tender can be held on the base of:
maximum finance offer
Tenders are held by National Commission on tele-radiobroadcasting, which makes final choose of applicant.
Applicants, who wish to take part in the tender, must deposit one time payment sized by National Commission and confirmed by corresponding state organ.
Refusal of giving broadcast license
Refusal of giving broadcast license is possible in the following cases:
applicant according to present law can not be broadcast license-holder;
resulting from tender applicant has not been chosen.
Motivated written refusal is sent applicant during the month.
Refusal of giving broadcast license can be appealed in the court during three months since got notification.
Contents of broadcast license
Broadcasting license contains the following data:
name and juridical address of applicant;
way of information distribution;
period and maximum capacity of teleradiobroadcasting;
supposed service zone;
data about earlier given broadcast licenses to an applicant and about mass media founded by him as well as list of mass media production and distribution of which an applicant engages in;
number and date of license issue;
frequency (frequencies) of teleradiobroadcasting;
location of communication means used for the purposes of teleradiobroadcasting including being sources of electromagnetic radiation.
Rates noted in license must not contradict present law.
Giving broadcasting license
National commission gives the license to applicant which has the right of broadcasting license's possessor after showing the document confirmed licensing payment, during 30 days after payment.
Term of validity of broadcasting license
Term of validity of broadcasting license is seven years.
Extending the term of license
A licensee applies for license extension not later than 6 months before expiration of license.
National commission is making a decision during the month from a day of applying for license extension.
Control for TV/radio programs, TV/radio broadcasts broadcasted
National Commission accomplishes control over broadcasters on the follows:
Conducting elections or referendum;
Distribution of specialized TV/radio programs, TV/radio broadcasts of erotic character;
Realizing charitable activity and sponsorship in the sphere of teleradiobroadcasting;
Distribution of effect court decisions containing addressed requirements on their publication;
Accomplishing teleradiobroadcasting on territories, on which according to constitutional law emergency situation is declared;
Observance of state secret.
Depending on character of breach National Commission has the right to direct warning letter to broadcaster, to apply economic sanctions or to appeal in court about license recall.
Control for observing the technical conditions of licensing contract
Control for observing the technical conditions of licensing contract is made by National Communications Agency (NCA). NCA realizes technical control of licensee' equipment in accordance with acting norms of GOSST (State standard).
Order of applying sanctions to broadcasters breaching technical conditions of license is confirmed by National Commission on teleradiobroadcasting.
If detecting violations of acting rates broadcaster is obliged to remove violations in determined terms.
In case of appearing disputable questions independent experts can be attracted.
Suspension of broadcasting license' validity
For non fulfillment by licensee of requirements, which are contained in license, a licenser in written warns a licensee, which during 30 days from a day of warning receive must execute one of the following points:
to execute license conditions, which were broken;
to quote arguments in case a licensee thinks there wasn't broken license conditions.
Time for remove of reasons caused breaking conditions of license or clearing circumstances can be prolonged up to three months by solicitation of licensee.
National commission directs to licensee decision about suspension of license for three months term in case if reasons, caused breaching conditions of license are not removed.
Licensee has the right to appeal, in court order, decision of National commission about suspension of license validity.
Annulling a license
National commission has the right to annual license in the following cases:
court decision about canceling license;
if license-holder within the license term within the year has not begun to undertake broadcasting;
licensee applies for annulling a license.
Licensee has the right to appeal, in court order, decision of National commission about annulling a license.
Compensation of losses
Losses caused to broadcaster or by broadcaster as a result of illegal actions in the sphere of teleradiobroadcasting, are subjected to compensation according to civil legislation of the Kyrgyz Republic.
Norms of articles regulating contents of application for affording broadcast license, contents of broadcast license, and order of giving and term of broadcast license' validity, after adoption of law regulating licensing of some kinds of activities in the Kyrgyz Republic act in its part, which does not contradict the mentioned law.
Broadcast licenses, given before taking present law into effect, are valid until determined in them terms.
In case of regulation of relationships connected with give a license by separate licensing contract (agreement), concluded between licensee and licenser, given contract (agreement) will be valid in part, which does not contradict present law.
About putting legal acts in correspondence with present law
Entrust Government of the Kyrgyz Republic together with Ministry of justice to put all normative legal acts in accordance with present law of the Kyrgyz Republic.
About taking present law into effect
Present law takes effect from a day of its official publication.
President of the Kyrgyz Republic A. Akaev
This Law defines general legal, economic, and social grounds from organization of communications through the mass media.
following is referred to mass media: newspapers, magazines, supplements
thereto, almanacs, books, bulletins, and single issues designated for
public dissemination, which have permanent title, as well as TV and
radio broadcasting, movie and video studios, audio and visual recordings
and programmes, issued by state bodies, information agencies, political,
public, and other organizations and individuals.
Bodies of Mass Media
media shall be represented by its bodies and individuals, implementing
public dissemination of messages.
Producing and Economic Activities of the Mass Media
The activities of the mass media shall be implemented at the cost of selling their production, and other for-payment services, as well as at the cost of the funds of the founders, sponsors, and other revenues.
Legislation on Mass Media
This Law, and other legislative acts of the Kyrgyz Republic shall regulate the relationships associated with the activities of the mass media.
ORGANIZATION OF ACTIVITIES OF MASS MEDIA
The Right to Establish Mass Media
Registration of Mass Media
body of mass media shall submit the application for registration and
other documents to appropriate state bodies of the Republic of Kyrgyzstan,
which must review these documents within one month. The body of mass
media shall implement its activities after its registration.
Application for Registration of Mass Media
§ the founder;
§ the title, language, and location of the mass media;
§ program goals and objectives;
§ supposed periodicity of the issue, maximal volume of the mass media, and sources of funding.
Suspension or Termination of Activities of Mass Media
The Procedure of Appealing a Decision on Suspension or Termination of Activities of Mass Media
Obligatory and Depositary Copies
Storage of the Materials of TV and Radio Programmes
Permission to Disseminate the Mass Information
RELATIONSHIPS OF THE MASS MEDIA WITH ENTERPRISES, ORGANIZATIONS, INSTITUTIONS AND CITIZENS
The Right of the Bodies of Mass Media to Receive Information
Using Author's and Official Materials and Letters
The Right to Refute False Information
citizen or organization shall be entitled to demand from the body of
mass media a refutation of divulged false or defamatory information.
Cases of Non-Divulgence of Information
A body of mass media shall not be entitled:
to nominate a person, who provided information, with a condition, that his name would not be divulged, unless required by court;
to divulge the data of inquiry, preliminary or judicial investigation without written permission by a procurator and court;
to reveal any information, which concerns a juvenile offender without consent by his legal representative.
RIGHTS AND DUTIES OF A REPORTER
to this law, a reporter is a creative worker, who collects information
on events, which take place in the public life, who is involved in collection,
editing, and preparation of materials for mass media.
Rights and Duties of Reporter
A reporter shall have rights:
§ to collect and disseminate information;
§ to be received by an official, in the process of performance of professional duties;
§ to make notes or records, using necessary technical devices, at the respondent's consent;
§ to attend places of natural calamities, manifestations and demonstrations, at presenting reporter's identification document;
§ to consult specialists while checking the facts and circumstances, related to the received materials;
§ to refuse to create a material, signed by him, which contravenes his views;
§ to withdraw his signature from the material, which content, by his opinion, was distorted, in the process of preparation to printing;
§ to refuse to perform editor's commissions, associated with violation of law;
§ to preserve secrecy of authorship;
§ to judicial indemnification of moral and material damage, inflicted by actions of the editor, who admitted an arbitrary distortion of the reporter's material.
A reporter must:
verify authenticity of his messages;
grant requests by the persons, who provided the materials, about specifying their authorship.
INTERNATIONAL COOPERATION IN THE AREA OF MASS MEDIA
International Treaties and Agreements
cooperation in the area of mass media activities shall be implemented
on the basis of inter-state treaties and legislation of the Republic
Correspondents of Foreign Mass Media in the Republic of Kyrgyzstan
LIABILITY FOR VIOLATION OF LEGISLATION ON MASS MEDIA
List of Information Which Cannot Be Publicly Disseminated
§ divulgence of state and commercial secret;
§ summoning to coercive overthrow or changing of the existing constitutional system of the state, violation of sovereignty and territorial inviolability of the Republic of Kyrgyzstan, and any other state;
§ propagation of war, violence and coercion, ethnic or religious chauvinism and intolerance towards other peoples and nations;
§ insult of civil dignity of peoples'
§ insult of religious views of believers and ministers of religion;
§ dissemination of pornography;
§ use of expressions, regarded obscene;
§ dissemination of materials, which break the norms of civil and national ethics, which insult attributes of state symbols (armor, flag, anthem);
§ encroachment of honor and dignity of a person;
§ divulgence of intentionally false information.
Liability for Violation of Norms of This Law
Persons Liable for Violation of the Law on Mass Media
Events of Relief from Liability for Dissemination of False Data
§ if such data were contained in the official documents and messages;
§ if they were received from news agencies, or press services of the state or public bodies;
§ if they are word for word quotation of public presentations;
§ if they were contained in the presentations of citizens, which were transmitted on the air without preliminary recording.
Indemnification of Moral Damage
Moral (non-proprietary) damage, inflicted to a person, individual, or organization as a result of dissemination of false information by a body of mass media, which defames honor and dignity of a person, individual, or organization, or which inflicted other non-proprietary damage, shall be subject to indemnification by the mass media, by the decision of the court, as provided by law. The pecuniary amount of indemnification of moral (non-proprietary) damage shall be determined by court.