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LAW OF THE REPUBLIC OF KAZAKHSTAN

of July 2, 2018 No. 169-VI ZRK

About protection of children from information doing harm to their health and development

(as amended of the Law of the Republic of Kazakhstan of 26.12.2019 No. 289-VI ZRK)

This Law governs the public relations arising in connection with realization of the rights of children to obtaining and distribution of information corresponding to their age and is directed to protection of children from information doing harm to their health and development.

Chapter 1. General provisions

Article 1. The basic concepts used in this Law

In this Law the following basic concepts are used:

1) information products - products of mass media, and also other audiovisual and (or) printed materials intended for the unrestricted group of people;

2) distribution of information products - sales activity, to subscription, delivery, distribution, display, hire and (or) lease of information products;

3) the distributor of information products (further - the distributor) - the physical person or legal entity performing distribution of information products under the contract with her owner, the producer of information products or on other legal causes;

4) the producer of information products - the physical person or legal entity performing material and (or) organizational support of production and (or) production of information products;

5) information products for children - the information products corresponding on orientation, subject, content and registration of age category;

6) protection of children from information doing harm to their health and development - set of the legal, organizational, technical and other measures which are carried out for the purpose of information security of children;

7) authorized body in the sphere of protection of children from information doing harm to their health and development (further - authorized body), - the central executive body performing management in the sphere of protection of children from information doing harm to their health and development;

8) access for children to information - the right of children to freely receive and extend information products for children;

9) information security of children - ensuring protection of the rights and legitimate interests of children from information doing harm to their health and development;

10) age category - the category appropriated to information products according to the procedure, determined by this Law;

11) sign of age category - graphical and (or) text designations of age category;

12) age classification - process of assignment of information products of age category;

13) the naturalistic description and (or) the image - the description and (or) the image of the person, animal, subject, event, the phenomenon, action (failure to act) and their consequences fixing attention of the person on details, anatomic details and (or) physiological or technical processes of subject of the image (description);

14) information containing offensive language - information containing swear, vulgar, obscene words, turns of speech and expressions.

Article 2. Coverage of this Law

Operation of this Law does not extend to the relations connected with distribution of information products:

1) containing scientific, scientific and methodical, educational, educational and methodical, statistical information;

2) the Republic of Kazakhstan relating to cultural values according to the legislation on culture.

Article 3. The legislation of the Republic of Kazakhstan on protection of children from information doing harm to their health and development

1. The legislation of the Republic of Kazakhstan on protection of children from information doing harm to their health and development is based on the Constitution of the Republic of Kazakhstan and consists of this Law and other regulatory legal acts of the Republic of Kazakhstan.

2. If the international treaty ratified by the Republic of Kazakhstan establishes other rules, than those which contain in this Law then are applied rules of the international treaty.

Chapter 2. The principles of state policy, state regulation, public control and participation in the sphere of protection of children from information doing harm to their health and development

Article 4. The principles of state policy in the sphere of protection of children from information doing harm to their health and development

State policy in the sphere of protection of children from information doing harm to their health and development is based on the principles:

1) ensuring with the state protection of the rights and legitimate interests of children taking into account psychoage features, vulnerability from negative impact of the information circle;

2) systemacity and complexity of the state measures for ensuring protection of children from information doing harm to their health and development;

3) accounting of historical and other traditions, cultural values of society and the state for the purpose of proper education and full development of children;

4) admissibilities of restriction with the laws of the Republic of Kazakhstan of the rights of children to freely receive and distribute information doing harm to their health and development.

Article 5. Competence of the Government of the Republic of Kazakhstan

Government of the Republic of Kazakhstan:

1) develops the main directions of state policy in the sphere of protection of children from information doing harm to their health and development and will organize their implementation;

2) performs other functions assigned to it by the Constitution, the laws of the Republic of Kazakhstan and acts of the President of the Republic of Kazakhstan.

Article 6. Competence of authorized body

Authorized body:

1) realizes state policy in the sphere of protection of children from information doing harm to their health and development;

2) performs cross-industry coordination in the sphere of protection of children from information doing harm to their health and development;

3) is performed by international cooperation in the sphere of protection of children from information doing harm to their health and development;

4) approves rules and technique of assignment of information products of age classification;

5) approves requirements to sign of age category;

6) performs other powers provided by the laws of the Republic of Kazakhstan, acts of the President of the Republic of Kazakhstan and the Government of the Republic of Kazakhstan.

Article 7. Competence of state bodies and local executive bodies of the sphere of protection of children from information doing harm to their health and development

1. Authorized body in the field of mass media within the competence:

1) realizes state policy in the sphere of protection of children from information doing harm to their health and development;

2) is performed by monitoring of products of mass media regarding observance of requirements of this Law;

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