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LAW OF THE KYRGYZ REPUBLIC

of December 5, 1997 No. 88

About protection of professional activity of the journalist

Accepted by General Court of Jogorku Kenesh of the Kyrgyz Republic on November 11, 1997

Article 1. Law purpose

This Law governs the relations arising in connection with professional activity of the journalist, determines its rights and obligations, provides legal and social guarantees, establishes measures of responsibility for violation of the legislation on protection of professional activity of the journalist.

Article 2. Legislation on protection of professional activity of the journalist
Article 3. Journalist

The journalist - the creative specialist collecting the analysis, editing, preparation of materials and distribution of information.

Article 4. Inadmissibility of censorship

In the Kyrgyz Republic censorship in the field of mass information is not allowed.

Nobody has the right to demand from the journalist previously to approve messages and materials, and also to require to change the text or to completely remove material or the message from seal (air).

Access for the journalist to the information which is of public interest, affecting the rights, freedoms and legitimate interests of citizens cannot be limited.

Article 5. Journalist's rights

When implementing professional activity the journalist has the right:

- collect, analyze and distribute information;

- request and obtain socially significant information in state bodies, self-government institutions of citizens, public associations, the companies, organizations and the organizations;

- get access to documents, materials and information, except for those which contain the state or other protected secret, and also information with limited access;

- make journalistic investigation;

- distribute through mass media the prepared messages and materials behind the signature or under alias, to express in them the opinion;

- make in accordance with the established procedure records, including with use of technical means;

- be present upon presentation of the certificate of the journalist at open sessions of court, at zones of military operations, natural disasters, at mass actions, including at meetings and demonstrations;

- address specialists for verification of the data prepared for the publication;

- refuse the assignment given it by mass media if it is connected with violation of the law;

- refuse material creation if it contradicts his beliefs;

- save the mystery of authorship;

- not sign the message or material prepared by it which contents, in his opinion, is distorted in the course of editing, or to require removal them from seal (air);

- require judicially compensation of the moral damage caused to it by the mass media which allowed misstatement of information provided by the journalist in case of the publication;

- enter public associations, including the international organizations of journalists.

The journalist has also other rights granted to him by the legislation.

Article 6. Inadmissibility of abuse of the journalist's rights

Use of the journalist's rights established by this Law for the purpose of concealment or falsification of socially significant data, distribution of rumors under the guise of authentic messages is not allowed.

Article 7. Journalist's obligations

When implementing professional activity the journalist shall:

- observe requirements of the legislation and international treaties of the Kyrgyz Republic;

- check reliability of the prepared materials and messages, and also to provide the objective information;

- grant requests of persons which provided information for specifying of their authorship;

- adhere to the principle of presumption of innocence;

- respect the rights and freedoms, honor and advantage of the personality.

The journalist cannot trade on professional information, publish the facts about private life of physical person, and also use audio-and video recorders without the consent of source of information or the author.

The journalist performs also other duties, stipulated by the legislation.

Article 8. Guarantees of professional activity of the journalist

Professional privileges, honor and advantage of the journalist are protected by the law.

The journalist in case of execution of professional obligations uses guarantee of integrity of human beings.

Prosecution of the journalist for the publication of critical materials is not allowed.

The state guarantees to the journalist free receipt and distribution of information, provides its protection when implementing of professional activity by it.

Intervention in professional activity of the journalist, the requirement from it any data received in case of execution of professional obligations is forbidden.

Article 9. Journalistic investigation

The journalist has the right to make journalistic investigation.

The journalist has the right to extend results of the professional investigation in mass media, to voluntarily present them to state bodies, self-government institutions of citizens, public associations, the companies, organizations, the organizations and officials. At the journalist the materials and documents received during journalistic investigation, precisely judicially cannot be withdrawn or subjected to examination.

Article 10. Accreditation of the journalist

The journalist in coordination with management of the printing edition, broadcasting company (radio station), news agencies, and also other mass media has the right to be accredited under state body or public association.

State bodies and public associations under which journalists are accredited shall inform beforehand them on the held events and provide them necessary documents and materials.

The state body or public association has the right to stop accreditation of the journalist in case of violation of the legislation of the Kyrgyz Republic by him or based on the decision of this body or consolidation.

The journalist of the Kyrgyz Republic can be accredited in foreign state.

The foreign journalist can be accredited in the territory of the Kyrgyz Republic in coordination with the Ministry of Foreign Affairs of the Kyrgyz Republic.

Article 11. Activities of the foreign journalist in the Kyrgyz Republic

The foreign journalist accredited in the Kyrgyz Republic has the rights, equal with the journalist of the Kyrgyz Republic, and obligation.

The foreign journalist when implementing the professional activity in the territory of the Kyrgyz Republic shall observe the legislation of the Kyrgyz Republic.

Article 12. Termination of accreditation of the foreign journalist

The Ministry of Foreign Affairs of the Kyrgyz Republic can stop accreditation of the foreign journalist in case of violation of this Law, other legal acts, and also rules of international treaties of the Kyrgyz Republic by it.

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