I.O.'S ORDER OF THE MINISTER OF SOFTWARE TO INVESTMENTS AND DEVELOPMENT OF THE REPUBLIC OF KAZAKHSTAN

of January 26, 2016 No. 73

About approval of Rules of carrying out monitoring of mass media

According to subitem 13-2) of article 4-3 of the Law of the Republic of Kazakhstan of July 23, 1999 "About mass media" PRIKAZYVAYU:

1. Approve the enclosed Rules of carrying out monitoring of mass media.

2. To committee of communication, informatization and information of the Ministry for Investments and Development of the Republic of Kazakhstan (Kazangap T. B.) provide:

1) state registration of this order in the Ministry of Justice of the Republic of Kazakhstan;

2) the direction of the copy of this order in printing and electronic form on official publication in periodic printing editions and information system of law of Ad_let within ten calendar days after its state registration in the Ministry of Justice of the Republic of Kazakhstan, and also in the Republican center of legal information within ten calendar days from the date of receipt of the registered order for inclusion in reference control bank of regulatory legal acts of the Republic of Kazakhstan;

3) placement of this order on Internet resource of the Ministry for Investments and Development of the Republic of Kazakhstan and on the intranet portal of state bodies;

4) within ten working days after state registration of this order in the Ministry of Justice of the Republic of Kazakhstan submission to Legal department of the Ministry for Investments and Development of the Republic of Kazakhstan of data on execution of the actions provided by subitems 1), 2) and 3) of Item 2 of this order.

3. To impose control of execution of this order on the supervising vice-minister of investments and development of the Republic of Kazakhstan.

4. This order becomes effective after ten calendar days after day of its first official publication.

Approved by the Order of the acting minister on investments and development of the Republic of Kazakhstan of January 26, 2016 No. 73

Rules of carrying out monitoring of mass media

1. General provisions

1. These rules of carrying out monitoring of mass media (further – Rules) are developed according to subitem 13-2) of article 4-3 of the Law of the Republic of Kazakhstan of July 23, 1999 "About mass media" (further – the Law) and determine procedure for carrying out monitoring of mass media.

2. In these rules the following concepts are used:

1) authorized body in the field of communication – the central executive body determined by the Government of the Republic of Kazakhstan, enabling the realization of state policy in the field of communication, the state control, coordination and regulation of activities of persons providing services in the field of communication or using them;

2) mass media – the periodic printing edition, TV, radio channel, film documentary, audiovisual record and other form of periodic or continuous public distribution of mass information, including Internet resources;

3) products of mass media – the circulation or part of circulation of separate number of the periodic printing edition or audiovisual program, separate release of radio - the TV, film chronicle program, information placed on Internet resource;

4) monitoring of mass media (further - monitoring) – process of collection and the analysis of products of mass media regarding compliance with law of the Republic of Kazakhstan;

5) authorized body in the field of mass media (further – authorized body) – the state body performing state regulation in the field of mass media.

3. For the purpose of implementation of these rules according to the subitem 14) of article 4-3 of the Law the authorized body coordinates activities of the central and local executive bodies concerning mass media.

4. Monitoring of mass media is performed with use of the information system "The Automated Monitoring of National Information Space" in case of its availability. 

2. Procedure for carrying out monitoring of mass media

5. On technical and methodical supply of monitoring the authorized body attracts the organizations based on the contract for accomplishment of the state task for rendering services in carrying out monitoring of mass media to performance of works.

6. The organization performing works on technical and methodical supply of monitoring makes fixing of the signs of non-compliance with the legislation of the Republic of Kazakhstan revealed in the course of monitoring and also according to notifications of the state bodies sent to authorized body in form according to appendix to these rules.

Documents with the fixed signs of non-compliance with the legislation of the Republic of Kazakhstan go to authorized body no later than three working days from the moment of fixing of signs of non-compliance with the legislation with use of electronic document management systems and information systems.

7. According to the submitted documents the authorized body within one working day from the moment of receipt carries out the additional analysis of signs of non-compliance with the legislation of the Republic of Kazakhstan. By its results the authorized body qualifies violation and within the competence takes measures of rapid response.

In case of qualification of the violation of the law of the Republic of Kazakhstan which is not attracting criminal liability, the authorized body no later than one working day from the moment of qualification of violation sends the precautionary letter on need of its elimination to the owner or the owner of mass media.

In the precautionary letter the following data are specified:

1) specification on the addressee:

for periodic printing editions – the name of the owner of mass media, legal address, the official e-mail address, output data of the printing edition;

for TV, radio channels – the name of the owner of mass media, legal address, the official e-mail address;

for online medias and Internet resources – the name of the owner of Internet resource, legal address, the official e-mail address, the Internet resource IP address.

In case of impossibility of establishment of information about the owner of Internet resource, the precautionary letter is sent to the address of hosting provider on which server it is placed;

2) descriptive and motivation part:

violation essence, and also legislations of the Republic of Kazakhstan which violation is allowed by mass media;

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