LAW OF THE REPUBLIC OF TAJIKISTAN

of March 19, 2013 No. 961

About periodicals and other mass media

This Law establishes organization-legal bases of activities of periodicals and other mass media, the state guarantees of their freedom and governs the relations, related.

Chapter 1. General provisions

Article 1. Basic concepts

B this Law are used the following basic concepts:

- news agencies - the legal entities registered according to the procedure, established by the legislation of the Republic of Tajikistan, collecting, development, preparation and the publication of information;

- belief - assessment, statement of the point of view, the comment, and also expression of opinion in relation to the phenomena, processes or the personality which have no confirmatory conclusions or the denying facts;

- mass information - messages, printed, audio-, audiovisual materials and other information on persons, objects, facts, events, the phenomena, and also beliefs which extend by means of printing, audio-and video means for a wide range of users and consumers;

- accreditation - registration of representatives of mass media in state bodies or in the relevant organizations for information access and its publication;

- mass media - periodicals and also news agencies, body - and the broadcasts, newsreels, records, the audio-and audiovisual programs airing or distributed by means of cable television at least once a year;

- the journalist - the physical person who is engaged in collection, editing and preparation of information and materials for the editorial office of mass media, connected with this edition by the employment contract or other contractual relations and performing activities agrees to the powers conferred to it or being the member of labor union of journalists;

- typography - the place where printing mass media are issued;

- periodicals - the newspapers, weeklies, magazines, almanacs, collections and bulletins having the permanent name, the current issue and which are published in certain time (at least once a year);

- the founder - the physical and (or) legal entity who creates mass media also establishes procedure for its activities;

- the publisher - physical and (and) the legal entity who is performing release of the periodical, including carrying out organizational, financial and technical, technology and other conditions on ensuring its release;

- the distributor of mass media - the physical and (or) legal entity who based on the agreement with the editorial office of mass media distributes its products;

- confutation - the written requirement of physical person and legal entity concerning confutation of the unreliable information published in mass media and degrading his honor, advantage and reputation;

- the editorial office of mass media - legal entities and physical persons, or their organizations (their division) performing release of mass media;

- the editor-in-chief (editor) - the person leading mass media, and making the final decision on its release;

- censorship - claiming by state bodies or their officials, other physical persons and legal entities, irrespective of their form of business, from the editorial office of mass media of preliminary approval of materials or information intended for seal;

- the answer - written reaction in mass media of physical persons and legal entities of rather unreliable information violating the rights and interests protected by the law;

Article 2. Legislation of the Republic of Tajikistan on periodicals and other mass media

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

Article 3. Freedom of periodicals and other mass media

1. Periodicals and other mass media in Tajikistan are free.

2. Everyone has the right to freely get, receive and distribute information, to express the beliefs, to extend them in periodicals and other mass media in the forms established by this Law.

3. Any violation of freedom of periodicals and other mass media by person, officials of the state and public bodies, including intervention in professional activity of editorial office of mass media, illegal suspension and (or) the termination of its activities, according to the legislation is the basis for accountability.

4. Censorship and prosecution for criticism are prohibited.

5. In the Republic of Tajikistan according to the legislation monopolizing of periodicals and other mass media is not allowed.

Article 4. Language of mass media

Mass media in the Republic of Tajikistan perform the activities on state and other languages according to the procedure, established by the legislation of the Republic of Tajikistan.

Article 5. State support of mass media

The state provides observance of the rights and legitimate interests of mass media. The state support of mass media is performed by target assignment, financial aid and in other types of the state support according to the procedure, established by the legislation of the Republic of Tajikistan.

Article 6. Inadmissibility of abuse of freedom of expression

1. Distribution of the data containing the state secret or other information protected by the law, information calling for violent overthrow or change of the constitutional system, making of criminal act, incitement of racial, national, parochial, religious, language hatred, for propaganda for war, violence, to terrorist and extremist activities, damnification of integrity and independence of the state and also - promotion and advertizing of materials and information of pornographic nature is forbidden.

2. Mass media bear responsibility for objectivity and reliability, information distributed by them.

Chapter 2. Procedure for organization and organization of activities of mass media

Article 7. Right to organization of mass media

1. Citizens of the Republic of Tajikistan and legal entities have the right to establish mass media according to the procedure established by the legislation of the Republic of Tajikistan.

2. Have no right to be founders of mass media:

- the citizens who did not reach eighteen-year age, recognized by the judgment by incapacitated or it is limited by capable;

- political parties, political movements, the organizations and legal entities whose activities are limited or prohibited by the legislation of the Republic of Tajikistan;

- foreign legal entities, foreign citizens and stateless persons;

- legal entities whose authorized capital consists of more than 25 percent of foreign investments.

3. Mass media are established in forms of commercial and non-profit organization according to the procedure established by the legislation of the Republic of Tajikistan.

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