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LAW OF TURKMENISTAN

of December 22, 2012 No. 355-IV

About mass media

(as amended on 09-06-2018)

This Law governs the relations arising in the field of mass media; establishes procedure for collection, preparation and distribution of mass information; determines the rights, obligations and responsibility of the subjects performing preparation and distribution of mass information, journalists and the bodies regulating their activities.

Chapter I. General provisions

Article 1. Concept of mass media

1. Mass media are understood as forms (printing, broadcasting, network editions and other) periodic distribution of the mass information representing printing, audio-, audiovisual and other messages and materials.

Also regular releases of news agencies, other similar organizations directed to implementation of information activities, irrespective of form of distribution, quantity of the issued copies or any other criteria belong to mass media.

The official, technical and in-house document, securities do not belong to mass media.

2. The newspaper, the magazine, the bulletin, other edition having the permanent name, the current issue and frequency of one and more numbers (releases) within year belong to printing editions.

The newspaper - the periodical from several strips informing on social and political and social and economic events in the country and the world.

The magazine - the illustrated edition periodic, as a rule, (with cover) containing Articles or works of art of different authors and genres.

Printing editions differ on territorial sign:

1) nationwide, extended in all territory of Turkmenistan;

2) regional, extended, as a rule, in the territory of one welayat;

3) local, extended, as a rule, in the territory of the city, the etrap.

3. The TV channel and radio channel, TV program and radio program intended for individual acceptance by the unrestricted group of people with use of on-air (radio-frequency), satellite or cable broadcasting treat broadcasting editions.

The TV channel, radio channel is understood as the set of TV programs, radio programs created according to broadcasting schedule (program schedule) and airing under the permanent name and with the established frequency.

TV program - set separate, independent from the point of view of their contents, structure and time of broadcast of sound, audiovisual works (transfers, movies, advertizing, announcements, broadcasts of different actions and another) which is periodically transmitted to society through professional specialized television technical means, has the permanent name and airs at least once a year.

The radio program - set separate, independent from the point of view of their contents, structure and time of broadcast of audio-works (transfers, advertizing, announcements, broadcasts of different actions and another) which is periodically transmitted to society through professional specialized radio engineering tools, has the permanent name and airs at least once a year.

The telecast or broadcast - the set of messages and materials prepared and intended for TV and radio broadcasting which is the separate, finished in the organizational, creative and thematic relation part of TV program or radio program.

TV and radio broadcasting represents distribution by the speaker of TV channel and/or radio channel as a part of respectively TV programs and/or radio programs.

Speaker is the subject having the corresponding license which creates (completes and/or packs) television or radio programs and transfers and performs primary distribution of programs for public acceptance.

4. Online media - the website on the information and telecommunication Internet registered as mass media (Internet mass-media). Legal regulation of creation and activities of Internet mass-media is performed by this Law and the legislation of Turkmenistan in the field of regulation of Internet services.

5. Products of mass media - the circulation or part of circulation of separate number of the periodic printing edition; separate release of TV channel, radio channel, TV program, radio program; separate release or updating of online media.

Distribution of products of mass media is performed by sale (subscription, delivery, distribution) of periodic printing editions, broadcast of TV channel, radio channel (broadcasting), provisions of access to online media.

6. The founder, edition, the publisher and the distributor treat the subjects performing preparation and distribution of mass information.

Article 2. Legislation of Turkmenistan on mass media

1. The legislation of Turkmenistan on mass media is based on the Constitution of Turkmenistan and consists of this Law and other regulatory legal acts of Turkmenistan regulating questions of creation, functioning and distribution of mass media.

2. If the international treaty of Turkmenistan establishes other rules than provided by this Law, then rules of the international treaty are applied.

Article 3. Law coverage

This Law extends to the mass media established by legal entities and physical persons of Turkmenistan and also to mass media of foreign states (further - foreign mass media) regarding distribution of their products in the territory of Turkmenistan.

Chapter II. State regulation in the field of mass media

Article 4. The principles of state policy concerning mass media

1. The principles of state policy of Turkmenistan in the field of freedom of mass information are:

- mass media in Turkmenistan are free. The state guarantees freedom of mass media in opinion expression. Nobody can prohibit or interfere with mass media to distribute information which is of public interest, differently as according to the law;

- citizens of Turkmenistan have right to use of any forms of mass media for expression of opinions and beliefs, search, obtaining and distribution of information;

- citizens of Turkmenistan have the right through mass media of data on activities of state bodies, public associations, officials;

- freedom to collect, receive and distribute information cannot be limited differently as according to the law if it is necessary for protection of the constitutional system, health, honor and advantage, private life of citizens, public order;

- the organization of mass media, ownership, use and the order them, and also access to information and communication technologies and freedom of their use are not limited, except as specified, provided by this Law;

- creation of equal legal and economic conditions for ensuring fair competition of the subjects performing preparation and distribution of mass information;

- ensuring control from state bodies and bodies of public associations for the purpose of ensuring pluralism and fair competition in the field of mass information, prevention of abuses of dominant position among the subjects performing preparation and distribution of mass information;

- preparation and distribution in Turkmenistan of mass media on state and other languages;

- the right of legal entities and physical persons to demand from the editorial office of mass media of confutation of the published data untrue and degrading honor and advantage of physical person or doing harm to goodwill of the legal entity;

- right of mass media to the state support of the activities;

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