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LAW OF THE REPUBLIC OF TAJIKISTAN

of December 14, 1996 No. 382

About television and broadcasting

(as amended on 02-01-2019)

This Law regulates activities of the television and broadcasting organizations (teleradio organizations) in the territory of the Republic of Tajikistan, determines the legal, economic, social, organizational conditions of their functioning directed to realization of freedom of expression, the rights of citizens to receipt of complete, reliable and operational information, to open and free discussion of public processes.

Chapter I. General provisions

Article 1. Basic concepts

In this Law the following basic concepts are used:

- the subscriber - the legal entity and physical person adopting programs of teleradio;

- broadcasting (telecasting broadcasting) - transfer on distance of sound and (or) visual information by means of communication channels and accepted by any quantity of teleradoipriyemnik;

- broadcast channel - set of the technical means intended for broadcasting TV and broadcasts;

- broadcasting - distribution of television or broadcasting programs by means of technical means of communication;

- live broadcast - direct distribution TV or broadcasts without making an appointment and installation;

- relaying - transfer by the additional transmitter of teleradio information for the purpose of increase in range of acceptance of telebroadcasts;

- the teleradio organization - the legal entity having the license for production and (or) distribution (broadcasting) of radio TV programs and audiovisual products;

- telecommunication - transfer and acceptance of any signs, signals of images and sound by means of electromagnetic means of communication of satellite, cable, optical and radio communication;

- technical means of broadcasting - set of radio-electronic and technical devices by means of which programs and transfers are led up to consumers;

- audiovisual products of the work, consisting of systems of the personnel connected among themselves (for the video image with sound or without sound), provided for broadcasting and acceptance by means of the appropriate technical means (audiovideos, movies, statement, advertizing, concert programs, etc.).

Article 2. Coverage of this Law

Operation of this Law extends to all types of the teleradio organizations, irrespective of form of business, except for special television and broadcasting systems of the closed type (production, technology, educational, office), radio amateur communication, radio sport or other types of communication, the information of special purpose acting on the basis of individual challenge or used for distribution and which are not expected mass acceptance of their transfers, activities for not radio hire video and audioproducts in different organizations.

This Law is applied to speakers and producers of the audiovisual work founded in the Republic of Tajikistan, and for founded out of its limits - only in the part concerning distribution of their information in the Republic of Tajikistan.

Provisions of this Law are applied to radio broadcasting in full when implementing TV and radio broadcasting with use cable, wire, satellite, multichannel, digital, computer, including the Internet, and other networks if other is not established by the law.

Article 3. Principles of activities of the teleradio organization

The principles of activities of the teleradio organizations in the Republic of Tajikistan are:

- objectivity of information;

- reliability;

- rights of citizens to receipt of information;

- free expression () views and opinions;

- respect of universal moral standards;

- strict observance of professional ethics.

Article 4. Legislation of the Republic of Tajikistan on television and broadcasting

The legislation of the Republic of Tajikistan on television and broadcasting is based on the Constitution of the Republic of Tajikistan and consists of this Law, other regulatory legal acts of the Republic of Tajikistan, and also the international legal acts recognized by Tajikistan.

Article 5. Powers of the state in the field of television and broadcasting

The state determines policy in the field of television and broadcasting, the legal framework of its realization, coordinates activities of the ministries, departments, other executive bodies in this sphere, provides material and technical resources of the state teleradio organizations, social and legal protection of their workers, accomplishment of the international obligations of the Republic of Tajikistan, participation in activities of the international organizations and performs international cooperation in the field of television and broadcasting.

Article 5.1. State regulation and control in the field of TV and radio broadcasting

State regulation and control in the field of TV and radio broadcasting is exercised by the Government of the Republic of Tajikistan through Committee on television and radio under the Government of the Republic of Tajikistan.

 The committee on television and radio under the Government of the Republic of Tajikistan within the competence performs the following functions:

- development and ensuring realization of state policy in the field of television and broadcasting;

- control of observance of requirements of this Law by the teleradio organizations;

- control of the aired teleradio programs, telebroadcasts, information and behind technical quality of broadcasting;

- other functions provided by the law.

The regulations on Committee on television and radio under the Government of the Republic of Tajikistan affirm the Government of the Republic of Tajikistan.

Article 6. Prohibition of intervention in creative activities of the teleradio organizations

Intervention of state bodies, local executive bodies of the government, their officials, political parties, public associations and physical persons in creative activities of the teleradio organizations, the state censorship and prosecution for criticism is forbidden.

Local authorities of the government have no right to make changes to structure of the state teleradio organizations.

Article 7. System of the teleradio organizations

The system of the teleradio organizations of the Republic of Tajikistan is constituted by the state and non-state teleradio organizations.

Article 8. State teleradio organizations

The state teleradio organizations of the Republic of Tajikistan are the republican (Tajik) television and broadcasting of the Gorno-Badakhshan Autonomous Region, areas, the city of Dushanbe and the network broadcasting of other cities and areas of the republic containing at the expense of the government budget.

It are provided to the state teleradio organizations the priority right to use of the state television and radio networks.

Article 9. Main objectives of the state teleradio organizations

The main objectives of the state teleradio organizations are:

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