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LAW OF THE REPUBLIC OF ARMENIA

of August 5, 2020 No. ZR-395

About audiovisual media

Accepted by National Assembly of the Republic of Armenia on July 16, 2020

Chapter 1. General provisions

Article 1. Purpose, subject of regulation and coverage of the Law

1. The purpose of this Law is:

1) to provide the right of everyone to receipt of reliable information;

2) to guarantee the right to expression of opinions;

3) to guarantee editorial independence of persons rendering audiovisual media services;

4) to guarantee independence of regulatory state agency;

5) to promote development of variety of audiovisual transfers.

2. This Law establishes the status of persons rendering audiovisual services, and operators, regulates procedure for authorization, licensing, submission of notifications, the bases for emergence of the rights and obligations of the subjects which are subject of regulation of this Law, the relations arising in the course of activities.

3. This Law does not extend to the additional audiovisual or text information (interactive television) transferred parallel to audiovisual products or as a part of audiovisual products or getting access by means of audiovisual products of the Internet, except for activities of network operators.

4. Operation of this Law extends in the Republic of Armenia:

1) on persons rendering audiovisual media services;

2) on operators;

3) on distributors of audiovisual programs;

4) on regulatory state agency;

5) on the body providing management and exercising supervision of activities of person rendering public audiovisual media services.

5. In sense of this Law, person rendering audiovisual media services is considered acting in the Republic of Armenia if corresponds to one of the following requirements:

1) registration and distribution of audiovisual information are performed in the territory of the Republic of Armenia;

2) uses the frequency provided by authorized body of the Republic of Armenia;

3) is used by the slot in public multiplex provided by authorized body of the Republic of Armenia;

4) is used by the slot provided by the private multiplex operating in the Republic of Armenia.

6. In sense of this Law, the operator is considered acting in the Republic of Armenia if uses the station located in the territory of the Republic of Armenia for satellite signal, the frequencies which are at the disposal of the Republic of Armenia or the Internet network provided in the territory of the Republic of Armenia.

In sense of this Law, distributors of audiovisual information by means of infrastructures of network operators or the Internet (the operator of OTT) are also considered as network operators.

Article 2. Legislation on audiovisual media of the Republic of Armenia

1. The legislation on audiovisual media of the Republic of Armenia includes the Constitution of the Republic of Armenia, this Law, the laws "About Mass Information", "About Electronic Communication", "About Copyright and the Related Rights", "About Language", "About Advertising", the Electoral code of the Republic of Armenia, legal acts of regulatory state agency, other legal acts and the international agreements of the Republic of Armenia regulating the sphere of audiovisual media.

2. If international treaties of the Republic of Armenia establish other regulations, than are provided by this Law, then regulations of international treaties are applied.

Article 3. The basic concepts used in the Law

1. In this Law the following basic concepts are used:

1) person rendering audiovisual media services (further - the Translator; person rendering sound media services - the Translator of audiotransfers) - the organization founded in the Republic of Armenia or the physical person or legal entity authorized by regulatory state agency which constitutes and provides to the consumer audiovisual information and bears editorial maintenance responsibility of audiovisual products;

2) regulatory state agency - the independent state body providing freedom, independence and variety of the broadcast media, controlling activities of Translators, operators and distributors of audiovisual programs;

3) the operator - the network operator or the operator of multiplex offering communication services (networks, audiovisions, the slot and other) and bearing responsibility for the report to consumers of audiovisual signal by operation of technical infrastructure;

4) the operator of multiplex - the physical person or legal entity providing exclusively technical operation of distribution of multiplex and infrastructures and using limited frequency resource;

5) network operator - the physical person or legal entity having cable or other network by the property right or other right (except as specified uses of limited frequency resources) and providing technical operation of this infrastructure;

6) public translator - The translator which is property of the company which 100 percent belong to the Republic of Armenia;

7) thematic orientation - orientation of audiovisual transfers on substantial features;

8) the consumer - the person accepting (looking and (or) listening) information at least one Translator;

9) the interconnected person - the parent, the spouse, the child, the brother, the sister;

10) the distributor of audiovisual programs - the physical person or legal entity providing to the operator for the purpose of distribution audiovisual programs based on the contract with the Translator;

11) multiplex - receipt of one single data flow (digital network) by consolidation of several flows which can be divided further again;

12) public multiplex - the digital network of broadcasting which is property of the company which 100 percent belong to the Republic of Armenia;

13) the slot - part of digital flow in multiplex which is enough for broadcasting no more than one program;

14) distribution - distribution of audiovisual information within certain territory;

15) audiovisual information - the audiovisual material provided to consumers on frequencies and other possible technical means (the transmitter, the satellite, cable network and other), including the additional audiovisual information transferred parallel to audiovisual products or as a part of audiovisual products or getting access by means of audiovisual products (interactive television);

16) linear audiovisual information - the audiovisual material provided to consumers by the Translator or the operator in previously adjusted sequence for the purpose of simultaneous viewing and (or) listening;

17) nonlinear audiovisual information - the audiovisual material provided by the Translator or the operator upon the demand of the private consumer for viewing and (or) listening at the moment chosen by it, according to the schedule (catalog);

18) the audiovisual program - audiovisual materials in the sequence which is previously adjusted by the Translator;

19) audiovisual transfer - the material of limited duration containing the distributed images and (or) sounds which is independent and complete in organizational sense and is considered object of the author's and (or) related right;

20) transfer of the first record - the audiovisual transmission broadcast for the first time;

21) audiovisual transfer in Armenian - the audiovisual transfer accompanied with any means of perception in Armenian (to dubbing-ins, postscoring and (or) subtitlings);

22) audiovisual advertizing - distribution of data on legal entities and physical persons, goods, the ideas or initiatives by means of the Translator which for the purpose of profit earning is designed to create or keep interest in this physical person or legal entity, goods, services, the ideas or initiatives;

23) authorization - provision by regulatory state agency to physical person or legal entity of the document giving the status of the Translator;

24) exclusive right - exclusive right on distribution of the audiovisual information which is intellectual property of other persons in certain geographical territory;

25) important event - political, cultural, religious, sports or equivalent it on their importance event of the state or national value;

26) monitoring - the observation performed by regulatory state agency for the purpose of assessment of conformity of activities of Translators and operators to requirements of the legislation on audiovisual media;

27) relaying - the simultaneous or almost simultaneous further broadcast of the audiovisual program other Translator or the network operator caused by the technical reasons characteristic of broadcasting process owing to the fluctuations caused by short-term breaks from broadcast of the audiovisual information before its acceptance and fixed (in audio-and (or) videos) audiovisual transfer;

28) the code of ethics - the document on own ethical standards constituted by the Translator independently according to the international criteria.

Article 4. Free choice of audiovisual information

1. In the Republic of Armenia the right of the free choice, production and distribution of audiovisual information is guaranteed. Censorship of audiovisual information is forbidden.

2. Everyone has the right to the free choice of audiovisual information.

3. The state creates necessary conditions and takes measures for acceptance of audiovisual programs of the Public translator (at least one audiovisual and one sound) in all territory of the Republic of Armenia.

4. The operator and the Translator in areas of coincidence of the territories of the corresponding distribution shall not interfere with the consumer's right to acceptance of other audiovisual information distributed legally.

Article 5. Human right for access to audiovisual information

1. If the Translator or the operator broadcasts audiovisual information for uncertain number of persons and on free basis, then everyone has the right to use such service in the consumer purposes gratuitously and without informing this Translator or the operator.

2. In other cases the price for information provided by the Translator or the operator, and conditions are established in contractual procedure.

Chapter 2. The general requirements imposed to audiovisual information of the Translators operating in the Republic of Armenia

Article 6. Language of audiovisual information

1. Language of audiovisual information is Armenian, except as specified, established by this Law.

2. The audiovisual information broadcast in foreign languages shall be followed by means of perception in Armenian (to dubbing-ins, postscoring and (or) subtitlings). Maintenance by means of perception in Armenian shall be applied only to audiovisual information in original language.

This provision does not extend:

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