LAW OF THE REPUBLIC OF KAZAKHSTAN

of June 19, 2024 No. 93-VIII ZRK

About mass media

This Law governs the public relations in the field of mass media, establishes their legal basis and is aimed at providing constitutional right on freedom of expression and creativity.

Chapter 1. Basic provisions

Article 1. The basic concepts used in this Law

In this Law the following basic concepts are used:

1) the subscriber - the physical person or legal entity which signed the contract for receipt of services of TV and radio broadcasting with the operator of TV and radio broadcasting;

2) the simplified procedure for accreditation - the automated process of accreditation of mass media and their journalists (representatives of mass media) by means of issue of the accreditation card;

3) information sovereignty - the independence of information space of the Republic of Kazakhstan determining social and political independence of citizens of the Republic of Kazakhstan in forming of the information agenda;

4) the nursery TV, radio program - TV, the radio program intended for children aged up to 12 years, having plot, characteristic of this age group;

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

6) mass media - the periodic printing edition, TV, radio channel, the Internet edition;

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

8) products of mass media - the circulation or part of circulation of separate number of the periodic printing edition or audiovisual work, separate release TV, radio programs, and also information placed in the Internet edition;

9) 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, release and distribution of mass media;

10) educational TV, radio program - TV, the radio program intended for a wide range of persons which content is directed to training of the TV viewer or radio listener in system of specific knowledge in this or that field of science, culture, production, art and social life;

11) single media platform - the information system intended for realization of the state information policy;

12) the distributor of individual satellite and radio intakes - the physical person or legal entity distributing maps of conditional access to services of operators of TV and radio broadcasting, the equipment intended for individual acceptance TV, radio signal of the operators of TV and radio broadcasting having the license in the field of TV and radio broadcasting and having own satellite systems of broadcasting to the territories of the Republic of Kazakhstan;

13) the individual satellite and radio intake - the equipment intended for individual acceptance TV, radio signal;

14) multichannel transfer of soundtrack - the transfer of two and more soundtracks in TV program giving to the subscriber opportunity of the choice of language of viewing;

15) TV, radio channel of open entry - TV, the radio channel extended by means of digital on-air and satellite TV and radio broadcasting for the unrestricted group of people without collection of payment for the viewing right;

16) 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 with the editorial office of mass media;

17) accreditation of the journalist (the representative of mass media) - appointment procedure of the journalist and recognition of its powers by state body and (or) organization;

18) special status of the journalist - the status of the journalist providing protection of the rights and freedoms of the journalist, the expanded rights by search, request, obtaining and distribution of information and also other special rights established by this Law;

19) multichannel broadcasting - the telecommunication system intended for distribution of packets TV, radio channels;

20) mass media - mass media and Internet resource;

21) monitoring of mass media - process of collection and the analysis of products of mass media regarding compliance with law of the Republic of Kazakhstan, and also regarding harming moral development of society and violation of universal, national, cultural and family values;

22) products of mass media - products of mass media, and also information placed on Internet resource;

23) distribution of products of mass media - sale (subscription, delivery, distribution) of periodic printing editions, broadcast TV, radio programs, the audiovisual work, bringing to the consumer TV, radio programs with use of technical means of telecommunications and in networks of telecommunications, and also placement of information in Internet editions or on Internet resources;

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

25) the state information policy - complex of the state measures directed to creation and distribution of information satisfying interests of the state and society which purposes are strengthening and protection of information sovereignty;

26) the state media - the mass media having in the authorized capital more than fifty percent of voting shares, shares in the authorized capital, the shares belonging to the state;

27) non-state mass media - the mass media having in the authorized capital less than fifty percent of voting shares, shares in the authorized capital, the shares belonging to the state;

28) 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;

29) obligatory TV, radio channel - TV, the radio channel incoming the corresponding list approved by authorized body obligatory for distribution by means of multichannel broadcasting to the territories of the Republic of Kazakhstan, except for networks of digital on-air TV and radio broadcasting and TV and radio broadcasting in networks of telecommunications;

30) domestic TV, radio channel - TV, the radio channel created by the broadcasting companies registered in the territory of the Republic of Kazakhstan;

31) domestic TV, radio programs - TV, the radio programs created by the broadcasting companies or physical persons and legal entities registered in the territory of the Republic of Kazakhstan and performing the activities in the territory of the Republic of Kazakhstan and beyond its limits;

32) the state order on carrying out the state information policy at the regional level - the order for rendering services at the expense of budgetary funds in carrying out the state information policy at the regional level;

33) 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;

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

35) the state order on carrying out the state information policy at the republican level - the order for rendering services at the expense of budgetary funds in carrying out the state information policy placed in the state media;

36) relaying - acceptance and simultaneous or in record distribution TV, radio programs, TV, radio channels with use of technical means of telecommunications and in networks of telecommunications;

37) subsidizing of part of costs of operators of satellite TV and radio broadcasting - the irrevocable payments from the budget directed to compensation of part of costs of operators of satellite TV and radio broadcasting, except for the national operator of TV and radio broadcasting for the purpose of stimulation of the population of the cities of district value, settlements, villages, rural districts to use of services of domestic satellite devices;

38) subtitlings - method of distribution of information containing in TV program by means of text duplication of soundtrack of the original of TV program;

39) set-top subscriber box - the separate technical tool intended for acceptance by the subscriber digital TV, radio signal;

40) 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;

41) packet TV, radio channels - set TV, the radio channels created by the operator of TV and radio broadcasting for distribution by means of multichannel broadcasting in networks of telecommunications;

42) TV, radio program - it 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;

43) broadcasting company - physical person or legal entity, being the owner TV, radio channel, or its branch (representation) which received the certificate on registration TV, radio channel;

44) TV and radio broadcasting - forming and (or) distribution TV, radio channels with use of technical means of telecommunications and in networks of telecommunications for public acceptance by the subscriber in the opened or coded type;

45) technical means of TV and radio broadcasting - set of the radio-electronic means and transceiving technical devices providing production, forming, distribution and (or) acceptance TV, radio channels and TV, radio programs;

46) national network of TV and radio broadcasting - system of the technical means of the telecommunications and TV and radio broadcasting which are in property of the state, providing distribution TV, radio signals in the territory of the Republic of Kazakhstan;

47) TV and radio broadcasting service - acceptance, processing, storage, transfer, delivery TV, radio programs to the subscriber;

48) the operator of TV and radio broadcasting - the physical person or legal entity which obtained the license for occupation activities for distribution TV, radio channels;

49) broadcasting - primary distribution of signal TV, radio channels with use of technical means of telecommunications and in networks of telecommunications;

50) correspondent office - the isolated structural division of the legal entity performing functions of editorial office of mass media and collection, storage, creation (preparation) of information messages and (or) materials for these mass media and also distribution of its products;

51) broadcasting schedule - the list, the sequence, the name, time of broadcast TV, radio programs, the displaying main directions of the program concept of broadcasting to the specific period;

52) censorship - preliminary approval of messages and materials of 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;

53) the card of conditional access - the device containing the identifier of individual satellite and radio intakes, providing access for the subscriber to services of the operator of TV and radio broadcasting;

54) TV, radio channel of conditional access - TV, the radio channel extended by operators of TV and radio broadcasting in the territory of the Republic of Kazakhstan for the unrestricted group of people which right of viewing is provided on the basis of the paid agreement;

55) products of erotic nature - the printing edition which shows the sexual relations of people, intimate parts of human body, except for genitals and does not contain pornography elements;

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

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

1. Freedom of expression and creativity is guaranteed by the Constitution of the Republic of Kazakhstan. Censorship is forbidden.

2. Everyone has the right to freely receive and distribute information by any, not prohibited by the law method. The list of the data constituting the state secrets of the Republic of Kazakhstan is determined by the law.

3. Mass media shall help the state bodies performing counteraction to terrorism.

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info