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LAW OF THE AZERBAIJAN REPUBLIC

of December 30, 2021 No. 471-VIQ

About media

This Law according to Items 1, 10 and 13 parts I of article 94 of the Constitution of the Azerbaijan Republic determines organizational, legal and economic basis of activities in the field of media, and also general rules of acquisition, preparation, transfer, production and distribution of mass information.

Chapter 1. Basic provisions

Article 1. Basic concepts

1.1. For the purposes of this Law the following basic concepts are used:

1.1.1. mass information - the information published and (or) distributed by media subjects for the purpose of bringing to unrestricted number of persons which receipt, transfer, production and distribution are not limited to the laws of the Azerbaijan Republic;

1.1.2. media - the tools and means used for implementation of the periodic or regular publication and (or) distribution of mass information and also the information environment created through them;

1.1.3. the media subject - physical (except for journalists) or the legal entity whose main activities is the publication and (or) distribution of mass information;

1.1.4. the journalist - person acting in the media subject according to the employment contract or individually based on copyright under the civil agreement which main activities is continuous collection, preparation, editing and production, information transfer, and also the expression of opinion (commenting) according to the specified information and carrying out these activities for the purpose of income acquisition;

1.1.5. audiovisual media - media, the performing representation to the user of TV and radio broadcasting, including service of custom broadcasting by different technical methods and means in audio-and (or) visual form;

1.1.6. printing media - media, distributing mass information of text or visual form on the paper and (or) electronic medium having single registration within year with certain frequency or in case of collection of the corresponding materials;

1.1.7. online media - the media performing distribution of mass information of text, audiovisual or other electronic (digital) form on the website, except for audiovisual media and printing media;

1.1.8. news agency - media, the performing obtaining, transfer, the production and distribution of mass information and also signing agreements with other media subjects on provision (obtaining) of information and providing regular delivery under the specified agreements of the acquired information;

1.1.9. edition - the Section consisting of on-stage performance groups of websites, newspapers and other periodicals, and also TV and radio channels, services of custom broadcasting and news agencies;

1.1.10. the editor-in-chief - person performing functions on decision making relatively content and the choice of the material spread within the schedule of the program in TV and radio broadcasting in service of custom broadcasting - the program within the program directory, and also in printing media and online media;

1.1.11. the user - the physical person or legal entity using media for satisfaction of the information needs without commercial purpose;

1.1.12. media literacy - knowledge of contents of mass information, its transfer and consumption, capability critically to evaluate, use and analyze in different contexts;

1.1.13. logo (emblem) - any combination of characters (words, letters, digits, graphical elements, etc.) allowing to distinguish edition (editions) of media subjects;

11.1.14. the aduiovizualny broadcaster - the physical person or legal entity which is responsible for contents of programs in TV and radio broadcasting, including in service of custom broadcasting, and the making decision on method of broadcasting of this service;

1.1.15. the land broadcaster - the physical person or legal entity which is responsible for content TV, radio programs and distributing these programs by method of land broadcasting;

1.1.16. the all-country broadcaster - the land broadcaster whose programs cover at least 70 percent of the population in the territory of the Azerbaijan Republic;

1.1.17. the regional broadcaster - the land broadcaster whose programs cover at least 70 percent of the population at least than 2 (two) administrative and territorial units of the Azerbaijan Republic;

1.1.18. the broadcaster of platform - the physical person or legal entity which is responsible for contents of audiovisual programs and broadcasting these programs through platform and (or) the operator of multiplex and (or) the body (structure) determined by relevant organ of the executive authority, or directly via the Internet;

1.1.19. the operator of infrastructure - the body (structure) determined by relevant organ of the executive authority, providing relaying of audiovisual programs by consolidation of large number of signals of audiovisual digital broadcasting in one or several signals and also on separate radio frequency, with use of radio-frequency resources through basic networks of land broadcasting which owns;

1.1.20. the operator of multiplex - the legal entity performing relaying more than one TV or radio channel with use of radio-frequency resources;

1.1.21. the operator of platform - the physical person or legal entity performing relaying of programs, including services of custom broadcasting by means of signals cable, IPTV-, OTT - mobile TV broadcasting and coding of satellite signal;

1.1.22. provider of service of custom broadcasting - the physical person or legal entity providing viewing and (or listening) programs at the moment chosen by the user, and at his individual desire, according to the constituted directory of programs and responsible for contents of the specified directory of programs;

1.1.23. relaying - acceptance and transfer of TV or radio channels, and also programs or their parts without any changes in their content at the time of broadcasting with use of any technology;

1.1.24. thematic broadcasting - the broadcasting consisting of programs of at least 75 (seventy five) percent of the program schedule or the directory of which is devoted to certain sphere (news, the movie, the documentary, sport, music, children's entertainments, teletrade, etc.);

1.1.25. the program - set of the data provided for informing, education and (or) entertainment of the users prepared based on the requirements established by this Law, containing in the program schedule or the directory of the programs broadcast by record directly or with use of electronic memory devices;

1.1.26. the program schedule - the schedule in which time and the sequence of programs are reflected;

1.1.27. the directory of programs - set of the programs offered at choice to the user in service of custom broadcasting;

1.1.28. satellite broadcasting - audiovisual broadcasting in case of which its transfer and direct acceptance by users by means of infrastructure of satellite broadcasting is provided;

1.1.29. cable broadcasting - audiovisual broadcasting in case of which its transfer and direct acceptance by users by means of different types of cable and (or) hybrid infrastructure is provided (radio and cable, satellite and cable, etc.);

1.1.30. IPTV broadcasting - broadcasting in case of which the Internet service provider provides transfer and acceptance of audiovisual programs by users with use of own Internet protocol (IP);

1.1.31. OTT broadcasting - the broadcasting providing transfer of audiovisual programs on the user's receiver on the Internet (except for IPTV broadcastings);

1.1.32. mobile TV broadcasting - broadcasting in case of which transfer and acceptance by users of audiovisual programs by means of mobile telecommunication networks is provided;

1.1.33. the prime time - time of the greatest viewing or listening of audiovisual programs within a day established by the decision of Audiovisual council of the Azerbaijan Republic (further - Council);

1.1.34. the organization for measurement of rating - person measuring amount of audience of audiovisual media;

1.1.35. significant action - the event of public, political, social and economic content which is of interest to society and intended for the publication and (or) broadcasting by the media subjects acting in the territory of the country.

1.2. Other concepts used in this Law have the values determined by regulatory legal acts of the Azerbaijan Republic.

Article 2. Legislation on media

The legislation of the Azerbaijan Republic on media consists of the Constitution of the Azerbaijan Republic, this Law, the laws of the Azerbaijan Republic "About freedom of information", "About personal data", "About receipt of information", "About information, informatization and information protection", other regulatory legal acts of the Azerbaijan Republic regulating the sphere of media, and also international treaties which participant is the Azerbaijan Republic.

Article 3. Scope of this Law

3.1. This Law extends to the media subjects founded in the territory of the Azerbaijan Republic, edition, their products and also to all media subjects who are outside the Azerbaijan Republic whose activities are oriented to the territory and the population of the Azerbaijan Republic, to part of media products created outside the Azerbaijan Republic broadcast only in the territory of the Azerbaijan Republic and also to journalists.

3.2. Provisions of this Law do not extend on:

3.2.1. information broadcast by persons (except for journalists) which are not considered as media subjects;

3.2.2. correspondence (correspondence) directed by users each other with use of information technologies, except for distribution of mass information.

3.3. Features of the activities of media subjects connected with election and predreferendumny propaganda are regulated by the Electoral code of the Azerbaijan Republic.

Article 4. Obligations of the state in the field of media

4.1. Fundamental obligations of the state in the field of media are:

4.1.1. ensuring pluralism of opinions and freedom of action in the field of media;

4.1.2. creation of conditions in the Azerbaijan Republic for providing everyone with information;

4.1.3. protection of users, especially children, from impact of harmful information;

4.1.4. encouragement of development of media and implementation of the stimulating measures;

4.1.5. stimulation of activities of media subjects and journalists;

4.1.6. providing competitive environment in the field of media, creation of equal opportunities for activities of media subjects of journalists;

4.1.7. safety of media space of the Azerbaijan Republic;

4.1.8. creation of conditions for ensuring public broadcasting service.

Article 5. Freedom of media

5.1. Media in the Azerbaijan Republic are free.

5.2. The state censorship in the field of media, and also creation for this purpose and financing of state bodies (structures) or positions is forbidden.

5.3. Freedom of activities in the field of media is based on guaranteeing the right by the state of everyone in the legal way to look for, receive, prepare, to transfer, make and distribute information.

5.4. Activities in the field of media are performed on the basis of creative and editorial independence.

5.5. Freedom of activities in the field of media can be limited only in the cases and procedure established by this Law and other laws of the Azerbaijan Republic regulating area of media.

5.6. In case of identification in activities of the media subjects which are outside the Azerbaijan Republic, cases of violation of requirements of this Law, the Council and body (structure) determined by relevant organ of the executive authority perform the measures provided by international treaties which participant is the Azerbaijan Republic, and this Law.

Article 6. Guarantee of activities of the journalist

6.1. Journalists have the right to independence, consolidation in the organizations representing them the interests, security of person in case of accomplishment of the professional duty, protection of the honor and advantage.

6.2. Unacceptably illegal intervention in professional activity of journalists.

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