Document from CIS Legislation database © 2003-2021 SojuzPravoInform LLC

LAW OF THE KYRGYZ REPUBLIC

of August 23, 2021 No. 101

About protection against unreliable (false) information

Accepted by Jogorku Kenesh of the Kyrgyz Republic on July 28, 2021

Article 1. Regulation subject

1. This Law establishes prohibition on distribution of unreliable (false) information in Internet space, responsibility of persons which allowed distribution of unreliable (false) information in Internet space for the purpose of providing the rights and freedoms of citizens, legal entities and protection them from unreliable (false) information, and also the right and obligation of subjects of legal relationship under this Law.

2. Information distributed in Internet space of the Kyrgyz Republic is recognized object of public, civil legal relationship.

3. Inclusion in other laws of provisions and questions which subject of regulation is this Law is not allowed. If other laws contain the provisions and questions relating to regulation by this Law, they are applied in that measure in which do not contradict this Law.

4. Subjects of the legal relations regulated by this Law are:

1) Internet service providers, hosting providers, owners of the websites, owners of the page of the website on the Internet;

2) Internet users.

Article 2. The terms and concepts used in this Law

1) the Internet - the wide information and telecommunication area network connecting information systems and networks of telecommunication of the different countries by means of global address space, Internet protocol-IP based on use and the data transfer protocol (Transmission Control Protocol-TCP);

2) Internet space of the Kyrgyz Republic - the published incoming or originating cross-border and internal traffic of the Internet in the territory of the Kyrgyz Republic;

3) the website in Internet space of the Kyrgyz Republic - the place on the Internet representing set of information which is available from Internet space of the Kyrgyz Republic;

4) the page of the website in Internet space of the Kyrgyz Republic - part of the website on the Internet which is available from Internet space of the Kyrgyz Republic;

5) the owner of the website on the Internet - physical person or legal entity to which the website belongs on the property rights;

6) the owner of the page of the website on the Internet - physical person or legal entity to which the page of the website belongs on rights to use;

7) unreliable (false) information - the information containing on the website in the Internet or on the page of the website on the Internet, untrue, discrediting honor, advantage and goodwill of other person;

8) the user (subscriber) of the Internet - the physical person or legal entity using services of the Internet;

9) the Internet service provider - operators of telecommunication and operators of mobile cellular communication;

10) Items of public access to the Internet - public places where it is possible to get Internet access, and also Internet cafe;

11) hosting provider - person rendering services in provision and placement of the equipment, data and the websites in the Internet on the technical platforms with connection to the Internet.

Article 3. Prohibition on distribution of unreliable (false) information

1. Distribution of unreliable (false) information in Internet space of the Kyrgyz Republic is not allowed.

2. Propagation time of unreliable (false) information time when for the first time such information appeared in Internet space of the Kyrgyz Republic is recognized.

3. Everyone who considers that concerning it the unreliable (false) information discrediting it the honor, advantage and goodwill having the right to address the owner of the website on the Internet or to the owner of the page of the website on the Internet with the requirement about immediate (within 24 hours from the moment of the address) removal from the page or from the website of unreliable (false) information and placement of information denying earlier placed unreliable (false) information was distributed.

In case of refusal from removal of unreliable information or violation of time of removal of unreliable (false) information the person, whose rights and freedoms were broken in connection with the publication of unreliable (false) information about is mute, have the right to appeal actions of the owner of the website in the Internet or the owner of the page of the website on the Internet according to the procedure, determined by the Cabinet of Ministers of the Kyrgyz Republic, to require removal of unreliable (false) information and suspension of work of the website or the page of the website. Work of the website or the page of the website can stop for up to two months. The owner of the website or the page of the website has no right to create the new website or the page of the website on the Internet during suspension of the website or the page of the website.

4. The person, whose rights and freedoms were broken in connection with the publication of unreliable (false) information about is mute, have the right to require judicially compensation of the caused damage in connection with the publication of unreliable (false) information. At the same time the amount of compensation shall be proportioned.

5. The information access or to the website, or the page of the website on the Internet renews after the term for which work of the website or the page of the website is suspended, on condition of elimination (removal) of unreliable (false) information or renews by a court decision, taken legal effect.

Article 4. Rights and obligations of owners of information resources

1. The owner of the website and (or) the page of the website placed in Internet space of the Kyrgyz Republic shall:

1) not to allow use of the website or the page of the website in Internet space of the Kyrgyz Republic for distribution of false, unreliable information;

2) no later than 24 hours from the moment of the address of person whose rights and freedoms were broken, to eliminate violations.

2. The owner of the website and (or) the page of the website in Internet space of the Kyrgyz Republic shall post on the website or the page of the website on the Internet the surname and initials, the e-mail address for the direction to it of messages.

3. The owner of the website and (or) the page of the website and the user in Internet space of the Kyrgyz Republic has the right:

1) not to agree with arguments of person whose rights and freedoms in his opinion were limited;

To dispute 2) judicially the actions directed to suspension of work of the website or the page of the website in the Internet;

3) it is free to look for, receive, store, to use the information which is not discrediting or not degrading honor and advantage of the personality and to extend it orally, in writing or otherwise;

4) to place or allow placement on the website or the page of the website on the Internet the texts and (or) other materials of other Internet users which are not discrediting or not degrading honor and advantage of the personality.

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