Document from CIS Legislation database © 2003-2020 SojuzPravoInform LLC

LAW OF THE REPUBLIC OF KAZAKHSTAN

of July 23, 1999 No. 451-I

About mass media

(as amended on 25-05-2020)

This Law governs the public relations in the field of mass media, establishes the state guarantees of their freedom according to the Constitution of the Republic of Kazakhstan.

Chapter 1. General provisions

Article 1. The basic concepts used in this Law

In this Law the following basic concepts are used:

1) accreditation - appointment procedure of the journalist and recognition of its powers by state body, public association and organization;

2) the editor-in-chief (editor) - the physical person who is heading the editorial office of mass media and having appropriate authority on its release and distribution, broadcast;

3) mass information - the printing, audiovisual and other messages and materials intended for the unrestricted group of people;

4) mass media - the periodic printing edition, TV, radio channel, film documentary, audiovisual record and other form of periodic or continuous public distribution of mass information, including Internet resources;

5) products of mass media - the circulation or part of circulation of separate number of the periodic printing edition or audiovisual program, separate release of radio - the TV, film chronicle program, information placed on Internet resource;

5-1) monitoring of mass media - process of collection and the analysis of products of mass media regarding compliance with law of the Republic of Kazakhstan;

6) authorized body in the field of mass media - the state body performing state regulation in the field of mass media (further - authorized body);

7) distribution of products of mass media - sale (subscription, delivery, distribution) of periodic printing editions, broadcast of radio - TV programs, demonstration of film chronicle programs and placement of information on Internet resources;

8) the editorial office of mass media - physical person or on-stage performance group, being structural division of the legal entity, the performing collection, preparation of materials and release of mass media;

8-1) online media - the Internet resource which underwent the procedure of registration in authorized body which information and communication infrastructure is placed in the territory of the Republic of Kazakhstan;

9) the journalist (the representative of mass media) - the physical person performing activities for collection, processing and preparation of messages and materials for mass media on the basis of employment or other contractual relations;

10) complex - set of the buildings connected by general purpose and constituting single structure;

10-1) fund - the structural division of the legal entity who is under authority of authorized body, performing sales activity of projects, the mass media allocated for support and contribution to growth of professionalism of the Kazakhstan journalists (further - Fund);

11) the periodic printing edition - the newspaper, the log, the almanac, the bulletin, the appendices to them having the permanent name, the current issue and issued at least once in three months;

12) film, video production of pornographic and special sexual and erotic nature - the naturalistic, detailed fixing of sexual intercourse or demonstration of naked genitals in the course of sexual contact promoting excitation of sexual inclination or satisfaction of sexual requirements which do not correspond to moral values offend honor and advantage of the person;

13) the official report - the information provided and (or) distributed through mass media by the owner of information established according to the Law of the Republic of Kazakhstan "About information access";

13-1) stationary rooms - the capital buildings, constructions or their part having the base which movement is impossible without causing damage to their bearing construction;

14) information propagandizing suicide - information inducing to intended deprivation of own human life;

15) the distributor - the physical person or legal entity performing distribution of products of mass media under the agreement with her owner, the publisher or on other legal causes;

16) TV, radio channel - the mass media representing set TV, radio programs and audiovisual works, plots and materials created according to broadcasting schedule for the subsequent broadcasting and/or relaying;

17) TV, radio, the film chronicle program - is informative complete part TV, radio channel which has the corresponding name, the amount of broadcasting also can be used irrespective of other parts TV, radio channel;

18) censorship - preliminary approval of messages and materials by mass media of state bodies, officials and other organizations for their requirement or for other bases for the purpose of restriction or imposing of prohibition on distribution of messages and materials or their separate parts;

19) broadcast - broadcasting TV, radio programs, audiovisual record with use of analog and digital electromagnetic systems;

20) products of erotic nature - the printing edition or TV, radio program which show the sexual relations of people, intimate parts of human body, except for genitals and do not contain pornography elements.

Article 2. Freedom of expression, obtaining and distribution of information

1. Freedom of expression, creativity, expression in printing and other form of the views and beliefs, obtaining and distribution of information by any method which is not prohibited by the law are guaranteed by the Constitution of the Republic of Kazakhstan.

Censorship is forbidden.

2. State bodies, public associations, officials and mass media shall provide to each citizen opportunity to study the documents affecting its rights and interests, decisions and sources of information.

2-1. Mass media shall help the state bodies performing counteraction to terrorism.

3. Disclosure of the data constituting the state secrets or other secret protected by the law promotion and justification of extremism or terrorism, distribution of information opening techniques and tactics of anti-terrorist operations during their carrying out promotion of drugs, psychotropic substances, their analogs and precursors, and also cult of cruelty, violence and pornography are prohibited.

4. Use of mass media for the purpose of making of criminal and administrative offenses is forbidden.

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