Ukrainian
Law: “On Television and Radio
Broadcasting”
This Law, in conjunction with the
Ukrainian Law “On Information,” regulates the
activity of television and radio organizations on the
territory of Ukraine and defines the legal, economic,
social, and organizational conditions of their activity,
implementing freedom of expression, the rights of
citizens to receive complete, reliable, and useful
information, and the open and free discussion of public
questions.
CHAPTER
I GENERAL PRINCIPLES
Article 1.
Definition of terms.
For
purposes of this Law, the following definitions shall be
used:
“subscriber”—a
juridical or natural person;
“audiovisual information”—visual
information, accompanied by sound;
“broadcast channel”—an aggregate
bandwidth of assigned frequencies, designated for
transmission of television or radio broadcasts;
“license”—a written determination by a
competent organ that grants the right to use
broadcast channels;
“broadcasting (television and radio
broadcasting)” —the long distance delivery
of audio or visual information by means of
electromagnetic waves, disseminated by transmission
equipment and intended for reception by an unlimited
number of television or radio receiving sets;
“direct transmission”—the live
dissemination of television and radio broadcasts
without preliminary taping or editing;
“radio broadcasting”—the production
and dissemination of audio programming;
“social broadcasting”—broadcasts or
programs for the blind, deaf, or persons with weak
hearing, of an educational, instructional or
informational character;
“transmission”—the dissemination of
tele-radio programs via technical means of
communication;
“telecommunication”—the delivery and
reception of any kind of signal, image or sound via
electromagnetic means of communication (cable,
visual, or radio communication);
“television broadcasting”—the
production and dissemination of audiovisual
broadcasts and programs;
“tele-radio organization (editorial staff,
studio, agency, society, association, company, radio
station, etc.)” —a juridical person,
registered in the manner established by applicable
legislation, having the right to produce and
disseminate television and radio broadcasts and
programs;
“tele-radio employee”—a state or
private employee of a tele-radio organization, who by
nature of his or her professional activity
participates in the creation and dissemination of
tele-radio broadcasts and programs;
“tele-radio program”—an aggregate of
tele-radio broadcasts, transmitted either live or on
tape;
“tele-radio center (television center, radio
center, technical center of tele-radio
broadcasting)”—an enterprise employing
technical equipment designated for the production of
tele-radio broadcasts and programs;
“technical means of broadcasting”—the
aggregate of radio- electronic means and technical
equipment by which programs and broadcasts are
delivered to viewers or listeners.
Article 2.
Fundamental principles of the activity of tele-radio
organizations.
Tele-radio organizations of Ukraine in their activity
recognize the principles of objectivity, reliability of
information, competency, guaranteeing to each citizen a
right of access to information, free expression of their
views and opinions, securing of ideological and political
pluralism, and observance by tele-radio employees of
professional ethics and universal moral norms.
Tele-radio organizations do not have
the right in their programs to divulge information
constituting state secrets or other secrets protected by
legislation, to call for forcible change or overthrow of
the existing state or public order or for violation of
the territorial integrity of Ukraine, to disseminate
propaganda advocating war, violence, brutality, or
arousal of racial, national, or religious enmity, or to
disseminate pornographic or other information which
undermines public morals, incites violation of the law,
or degrades the honor and dignity of a person.
Article 3. Sphere
of Application of the Law.
This
Law applies to relations between subjects in the field of
television and radio broadcasting, regardless of the form
of property ownership, purposes of creation, and form of
titular activity of such tele-radio organizations, or the
means of dissemination of tele-radio information, if
their broadcasts are intended for mass consumption.
This Law does not apply to relations
regulating the creation and activity of special closed
television and radio broadcasting systems (industrial,
technical, constructional, governmental, etc.), amateur
radio communications, radio sport or other forms of
communication operating on the basis of individual
calling or use for dissemination of its special purpose
information not intended for mass consumption, or to
video or audio production activities not using the air
waves in particular institutions.
Article 4.
Authority of State Organs Over Television and Radio
Broadcasting in Ukraine.
The
Supreme Council of Ukraine shall establish state policy
governing television and radio broadcasting, the
legislative basis for its implementation, and guarantees
of the social and legal protection of employees in this
field.
The Cabinet of Ministers of Ukraine
shall insure the implementation of state policies
governing television and radio broadcasting, and
coordinates the activity of ministries and other central
organs of state executive powers in this sphere.
In the development of television and
radio broadcasting, the authority of: the Supreme Council
of the Republic of Crimea; local Councils of
people’s deputies; and offices of state
administration of regions, districts, the Cities of Kiev
and Sevastopol, and districts in Kiev and Sevastopol
shall be established by legislation.
Article 5.
National Television and Radio Broadcasting Council.
For
purposes of the implementation and observance of
legislation in the sphere of television and radio
broadcasting and other normative acts, a National
Television and Radio Broadcasting Council (hereinafter
the “National Council”) shall be created.
The National Council shall be an extra
departmental state body, functioning in accordance with
Regulations approved by the Supreme Council of Ukraine.
The National Council shall consist of
eight persons—four nominated by the Chairman of the
Ukrainian Supreme Council and four nominated by the
President of Ukraine—and who will serve for a term
corresponding to those of the Ukrainian Supreme Council
and President of Ukraine.
The members of the National Council
will elect two of their members to be Chairman and Deputy
Chairman, respectively. The Chairman and his or her
Deputy shall work on the National Council on a full-time,
professional basis. The remaining members of the
National Council shall serve without monetary
compensation.
Members of the National Council
working on a professional basis shall not hold any other
positions in other state or non-state organizations,
institutions or enterprises, receive separate
compensation for discharge of their duties (except for
fees for creative activity or teaching), engage in
ownership activity in the field of television or radio
broadcasting, and shall suspend their membership in
political parties.
Members of the National Council and
its staff employees may not be founders of tele-radio
organizations or participate in commercial activities.
The fundamental duties of the National
Council shall be:
a. Coordination
of development of a uniform plan for a single
Ukrainian broadcasting information space and
participation in its implementation;
b. Supervision of the observance by tele-radio
organizations of legislation in the sphere of
television and radio broadcasting in Ukraine and the
conditions of their licenses;
c. The granting to tele-radio organizations, on
a competitive basis, of licenses for the right to use
broadcasting channels and broadcasting air time;
d. Administration of rational use of frequency
resources;
e. Formulation of rules for the creation and
storage of temporary archives of television and radio
broadcasts.
The National Council
shall have the right to:
— Require
forfeiture of a license if a tele-radio organization
has not commenced operations one year after the grant
of the license;
— To require all tele-radio organizations to
submit documents, information and explanations
concerning their activities;
— Within the limits of its competency, conduct
inspections into the operations of tele-radio
organizations regarding the conditions and use of
broadcasting channels.
In
cases of violations of applicable legislation or
licensing requirements by tele-radio organizations, the
National Council may impose: Warnings; Monetary fines;
Temporarily suspend operations or revoke the license.
The National Council shall present
annual reports to the Ukrainian Supreme Council regarding
its activity. These reports shall be disseminated
in the mass media.
Article 6.
Interference in Creative Activity of Tele-Radio
Organizations Prohibited.
Interference by state agencies and agencies of local and
regional self government, their officials, civic
organizations, and individual citizens in the creative
activity of tele-radio organizations in the form of
either censorship or control over the ideological content
broadcasts, is prohibited, with the exception of
information protected by law.
Article 7.
Antimonopoly Restrictions.
A
tele-radio organization, and its divisions with juridical
personality, does not have the right to broadcast on more
than two television channels and three radio channels on
the territory of the entire country, province, city or
other region designated in its license, except for cable
(wire) networks and broadcasting to foreign
countries. A juridical or natural person does not
have the right to be a founder or co-founder of more than
one tele-radio organization.
Article 8.
Protection of Interests of National Tele-Radio
Production.
For the
purpose of defending the interests of national television
and radio producers and encouraging investment in the
development of a national base for television and radio
broadcasting, no less than 50 percent of each tele-radio
organization’s air time must consist of broadcasts
(films) produced directly by the tele-radio organization
or other juridical persons operating in Ukraine.
Article 9.
Language of tele-radio broadcasts and programs.
Tele-radio organizations shall broadcast in the state
language.
Broadcasts in certain regions may also
be in the language of national minorities densely
inhabiting those areas.
Broadcasts to foreign audiences shall
be in Ukrainian or the corresponding foreign language.
Article 10.
Legislation Concerning Television and Radio Broadcasting.
Legislation of Ukraine regarding television and radio
broadcasting consists of the Law of Ukraine “On
Information,” this law, and other legislative acts
of Ukraine, promulgated in connection with them.
Article 11.
System of National Television and Radio Broadcasting of
Ukraine.
The
system of national television and radio broadcasting of
Ukraine shall consist of state and independent tele-radio
organizations founded by juridical or natural persons
pursuant to the applicable legislation of Ukraine.
Article 12. State
Tele-Radio Broadcasting Organizations of Ukraine.
The
basis of national television and radio broadcasting of
Ukraine shall be state tele-radio organizations funded
from the state budget and transmitting television and
radio programming to the entire territory or particular
regions of Ukraine and to foreign audiences. In
their activity, state tele- radio organizations shall be
governed by the Constitution, Laws of Ukraine and other
legislative acts of Ukraine, carrying out fundamental
goals defined in this Law and reporting annually to the
National Council.
State tele-radio organizations are
granted priority rights to the use of state television
and radio networks.
The annual revenues of a state
tele-radio organization from advertising and sponsors
shall not exceed 25 percent of its budget.
The basic tasks of state tele-radio
organizations are:
a. To provide
information to television viewers and radio audiences
about social-political and other events in Ukraine
and abroad, disseminate official communications, and
explain decisions of the bodies of legislative,
executive, and judicial power;
b. To produce and disseminate economic,
journalistic, cultural-educational, instructional,
entertainment, and sports programming, as well
as programs for children and adolescents;
c. To enhance Ukraine’s international
relations, and the growth of its prestige in the
world.
CHAPTER
II FOUNDING OF TELE-RADIO
ORGANIZATIONS AND LICENSING OF THEIR ACTIVITY
Article 13. Right
to Establish a Tele-Radio Organization.
The
right to establish a tele-radio organization in Ukraine
belongs to: Citizens of Ukraine not limited in
legal capacity, the Supreme Council of Ukraine, the
president of Ukraine and other juridical persons of
Ukraine.
Establishment and operation of
tele-radio organizations by foreign juridical and natural
persons and persons without citizenship are prohibited in
Ukraine. Establishment and operation of tele-radio
organizations with foreign investment exceeding 30% of
their capital stock are prohibited.
Foreign investment in tele-radio
organizations in Ukraine shall be under the oversight of,
and with the consent of, the National Council.
Registration of tele-radio
organizations shall take place in accordance with
procedures established by legislation of Ukraine
concerning enterprises.
To register, a founder must present to
the appropriate agency a petition, the decision of the
founders concerning creation of a tele-radio
organization, its charter, and other documents required
by applicable legislation of Ukraine.
All tele-radio organizations shall be
listed in the State register of tele-radio organizations
of Ukraine, which shall be maintained by the National
Council.
Article 14. Licensing
of Broadcasting Channels.
In
order to obtain a license for the right to use
broadcasting channels, a tele-radio organization, its
founder, or an authorized agency must submit an
application to the National Council.
The application must contain the
following information:
a. About the
founder (for a juridical person—the name, legal
address, and bank account number; for a natural
person—last name, first name, patronymic year of
birth, citizenship, and address);
b. The name of the tele-radio organization, its
bank account number, and other identifying
information (call signs, emblem, etc.);
c. The location of the tele-radio organization;
d. The intended programming of the tele-radio
organization in accordance with the requirements of
this law;
e. The language (or languages) in which the
broadcasts will be aired;
f. The intended geographical area of
dissemination of programs or broadcasts;
g. The intended audience;
h. The periodicity, time and volume of
broadcasting (including production of proprietary
broadcasts);
i. The form of broadcasting (video, audio,
tele-text, other);
j. The means of programming dissemination
(over-the-air, cable, over-the-air and cable, wire,
satellite, and others);
k. The location of and technical information
concerning the transmitter.
Copies
of governing documents of the tele-radio organization
approved according to prescribed procedures must be
attached to the petition.
The petition for grant of a license to
a tele-radio organization for the right to use
broadcasting channels will be reviewed and a decision
rendered no more than one month from the day of its
submission to the National Council along with required
notification to the applicant of the decision.
A license for the right to use
broadcasting channels shall be granted no later than ten
days after the rendering of a decision by the National
Council, under condition of a payment of a fee and shall
be the sole legal basis for the right to use broadcasting
channels.
A license shall contain the
information set forth in the application for its
issuance, as well as the location of broadcasting
channels, the geographic zone of reliable reception, the
portion of programming of proprietary production and its
subject matter, the average daily volume of broadcasting,
duties assumed by the tele-radio organization in the
course of competitive selection, the length of the
license term, the date when the license will become
effective, and the date of commencement of broadcasting
activity.
In the course of conducting a
competitive selection between applicants for receipt of a
license, the National Council shall consider the
interests of viewers and listeners, the necessity of
protecting general national interests and the
dissemination of cultural values, the necessity of fuller
coverage of the positions of various social groups in
television and radio programming, conformity of proposals
set forth in the application for grant of a license and
the conditions of the competition, conformity of the
tele-radio organization’s technical capabilities and
creative potential to the proposals in the application
and the duty of a tele-radio organization to provide
social broadcasting.
Tele-radio organizations which are not
registered according to established procedures shall not
have a right to claim receipt of a license, nor shall
tele-radio organizations created by political parties,
trade unions, religious organizations, or entities which
they have founded (or appeared as co-founders). In
those cases in which multiple applicants have grounds for
receiving a license, the primary right to receive it
shall be enjoyed by the applicant holding that license in
the previous term, if in the course of operations it did
not violate the conditions of its license and the demands
of applicable legislation.
Article 15.
Dismissal of an Application for Grant (Renewal) of a
License Without Review.
An
application for grant (renewal) of a license for the
right to use a broadcasting channel shall not be reviewed
if it:
- a. Was granted
(signed) by a person not having authority to do
so;
b. Was granted in violation of the
requirements of Article 14 of this Law.
The
applicant shall be informed about dismissal of a
application without review in the form of a letter with a
listing of the reasons within the time frame established
for licensing. The applicant may appeal this
decision to a court.
After removal of the reasons which
were the basis for the decision to dismiss an application
without review, it must receive substantive review
according to the procedures and in the time frame
established by Article 14 of this Law.
Article 16.
Denial of A Grant (Renewal) of a License.
A
refusal to grant (renew) a license for the right to use a
broadcasting channel is permissible in cases when:
a. The
application was submitted by an enterprise, founder,
or organization which is not a juridical person;
b. A license was previously issued to a
tele-radio organization with the same name and for
the same territory of broadcasting;
c. The charter of the tele-radio organization
is in conflict with the requirements of Article
2(2) of this Law;
d. The charter does not specify that the
tele-radio organization is a juridical person;
e. The application was submitted prior to one
year from the day of a decision by the National
Council revoking a license of that tele-radio
organization;
f. The technical capability of carrying out
broadcasting on the basis of the characteristics in
the application is lacking.
A
refusal to grant a license to a tele-radio organization
shall be sent to the applicant in a written form with an
explanation of the basis for the refusal.
Denial of a grant of a license may be
appealed to a court within a three-month time period.
Article 17. Term
of License.
A
license for the right to use a broadcasting channel shall
be issued for a term proposed by the applicant, but a
term shall not be for less than for five years for
over-the-air broadcasting and ten years for cable (wire)
broadcasting. At the expiration of this term, the
license shall no longer be in effect.
For an extension of the right to
broadcast a tele-radio organization must again receive a
license in accordance with the procedures set forth by
this Law.
The right to commence broadcasting is
preserved for a tele-radio organization for one year
following the day that the license becomes
effective. Upon initiation of broadcasting
activity, the tele-radio organization must inform the
National Council within ten days. If a tele-radio
organization does not commence broadcasting within one
year after the license becomes effective, the license
will no longer be in effect.
Article 18. Fee
for Grant of a License.
For a
grant of a license a tele-radio organization shall pay a
monetary fee of an amount established by the Cabinet of
Ministers of Ukraine.
For issuance of a duplicate license, a
payment equal to ten percent of the monetary fee must be
made. The registration fee shall go to the account
of the National Council.
Article 19.
Cessation of Activity of a Tele-Radio Organization.
Cessation of a tele-radio organization’s activity
shall occur upon a decision of the founder (co-founders)
or a court, and the National Council shall be informed
within ten days for the purpose of making corresponding
changes in the state register.
CHAPTER
III ORGANIZATION OF TELE-RADIO
BROADCASTING
Article 20.
Commencement of Broadcasting and Transmission of
Tele-Radio Broadcasts or Programs.
A
tele-radio organization may commence broadcasting from
the moment its license becomes effective. An owner
of the technical means of broadcasting or an organization
that makes use of them shall not provide these means for
the use of a tele-radio organization that do not hold a
license. Distribution of television or radio
programming over a territory larger than the one stated
in the license shall not be permitted.
A license holder may not sub-lease a
broadcasting channel. The manager of a tele-radio
organization or a person authorized by him shall
authorize the transmission of tele-radio broadcasts or
programs and shall be personally responsible for their
content and quality.
Article 21.
Identifying Information.
A
tele-radio organization broadcasting around the clock
must announce its name and other identifying information
(call signs, emblem, etc.) four times every 24 hours; all
other tele- radio organizations must do so at the
beginning and the end of each broadcasting day.
Article 22.
Rights and Procedures for Use of Broadcasting Channels.
Procedural rules for the use of broadcasting channels
shall be determined by the National Council.
Regardless of their forms of property, tele-radio
organizations shall have the right to use the frequencies
designated for broadcasting, as well as to own, manage
and use technical means of broadcasting.
Article 23.
Satellite Television and Radio Broadcasting.
The
system of satellite TV and radio broadcasting shall be
developed and used in Ukraine in accordance with the
following priorities:
a. distribution
over the whole territory of Ukraine, or over parts of
it, of program or broadcasts by tele-radio
organizations registered in Ukraine for reception
by individual subscribers or community
distribution networks;
b. exchange of programs and broadcasts between
tele-radio organizations of Ukraine and other states.
The procedural rules
for satellite broadcasting shall be established by the
National Council.
Article 24. Cable
(Wired) Broadcasting.
Networks of cable (wired) broadcasting shall be
established by permission of local bodies of the state
executive power. The procedural rules for the use
of these networks for broadcasting purposes shall be
determined by Articles 13-18 of this Law. A cable
television organization must simultaneously retransmit
the programs of state broadcasting organizations to its
subscribers over a cable channel.
Article 25.
Authorization for the Use of Programming of Other
Tele-Radio Organizations.
Except
as provided in Article 36 of this Law, tele- radio
organizations shall have the right to use programs or
broadcasts of other tele-radio organizations only after
obtaining proper authorization from them.
Copying, showing, or sale of tele-,
radio-, or video products without permission of their
owners is prohibited.
In a case where programs or broadcasts
of a tele-radio organization are used without
authorization, the tele-radio organization shall have a
right to damages as compensation for the violation of its
rights.
Disputes that arise shall be decided
by a court or arbitration court in accordance with
procedures established by applicable legislation.
Article 26. The
Right of Access to Information.
Tele-radio organizations and their personnel shall have
the right to obtain information necessary for the conduct
of their responsibilities from state bodies, public
associations, enterprises, institutions, and
organizations in accordance with procedures stipulated by
the applicable legislation of Ukraine. Official
persons who provide the information shall bear
responsibility for its authenticity.
Article 27.
Distribution of Official Reports and Other Obligatory
Information.
State
tele-radio organizations shall broadcast, without
compensation, the official reports of the Supreme Council
of Ukraine, the President of Ukraine, the Cabinet of
Ministers of Ukraine, and the Constitutional Court over
the whole territory of the country, and the official
reports of the Supreme Council of the Republic of Crimea,
local Councils of people’s deputies, and local state
administrations, over the territory governed by them.
Tele-radio organizations, regardless
of their forms of property, shall not have the right to
refuse to disseminate reports about emergency
situations. The right to use television and radio
broadcasting for this purpose belongs to the bodies and
official persons who are authorized to make decisions in
emergency situations.
Tele-radio organizations shall
broadcast, without compensation, decisions of courts or
arbitration courts that have taken legal force and
contain orders that they be announced via those
tele-radio organizations.
Article 28. Use
of Television and Radio in Election Campaigning.
State
tele-radio organizations shall guarantee at the
corresponding national or local level equal access for
the conduct of pre-election campaigning by providing
equal in volume and value broadcast time to officially
registered candidates for the office of the President of
Ukraine, people’s deputy of Ukraine and local
Councils, and for other elected offices of state power,
as well as to political parties.
Independent tele-radio organizations
may provide broadcast time to candidates for the office
of the President of Ukraine and people’s deputy and
to political parties in accordance with the laws of
Ukraine on elections for the President of Ukraine and
people’s deputies of Ukraine, and decisions of the
Central Election Commission.
Oversight of the use of television and
radio broadcasting for pre-election campaigning shall be
performed by the Central Election Commission and
corresponding district election commissions.
In periods between elections, in order
to provide objective coverage of developments and event
taking place in society, state tele-radio organizations
shall make available equal opportunities to political
parties to express their views.
Article 29.
Provision of Broadcast Time for Official Pronouncements
and Declarations.
State
tele-radio organizations shall furnish live broadcasts of
(reports from) the sessions of the Supreme Council of
Ukraine and the Supreme Council of the Republic of Crimea
within the limits of their established volume of air time
and their general budgets.
Live broadcasts of (reports from) the
sessions of regional and other local Councils of
people’s deputies by state tele-radio organizations
shall be furnished on the basis of contracts between the
Councils and local tele-radio organizations.
Upon the demand of the President of
Ukraine, the Chairman of the Supreme Council of Ukraine,
the Prime Minister of Ukraine, or the Chairman of the
Constitutional Court of Ukraine, state tele-radio
organizations shall provide air time to them for urgent
official presentations on important state issues.
State tele-radio organizations shall
allow in their program schedules and forms an opportunity
for addresses by people’s deputies of Ukraine on an
issue concerning their official activity. Participation
of people’s deputies of Ukraine in other programming
is provided on a general basis.
Addresses by people’s deputies of
local Councils on issues concerning their official
activity in television and radio programs transmitted
over the geographic areas of the relevant Council are
furnished on the basis of agreements with the local
tele-radio organizations.
Article 30.
Advertising.
Advertising inside programs shall be explicitly
distinguished and separated from other elements of these
programs.
If a tele-radio organization is in
part or completely financed from the state budget, or if
the audience of a program is not warned of the commercial
character of the broadcast before its showing or lacks
the opportunity to deduct the cost of the program from
subscription payments, the time allocated for advertising
shall not exceed 10 percent per hour of broadcasting.
Interruption of entertainment and
sports programs of more than 30 minutes in length shall
be done for advertising purposes only once for every full
30-minute-long segment. Programs of less than 30 minutes
in length, cinema films and TV movies shall not be
interrupted for advertising, unless stipulated otherwise
in the contract between the tele-radio organization and
the copyright holder.
Beyond the time limit allocated for
advertising, moderators, announcers, and other
participants in tele-radio broadcasts may not put on
purposeful display goods or products or describe their
consumer values, either directly or indirectly by means
of clothing, outward appearances, pictures, etc.
Employees of tele-radio organizations shall
not advertise under the guise of information by pointing
out detailed information about a producer of products or
services, such as its address, telephone number, bank
account, or commercial characteristics of the goods and
services.
A tele-radio organization shall be
responsible for including in programs or broadcasts
advertising of poor artistic or technical quality, and
the advertiser shall be responsible for the content of
the advertising.
Article 31.
Prohibition and Limitation of Advertising.
Broadcasts of the sessions of the Supreme Council of
Ukraine, the Supreme Council of The Republic of Crimea,
official state occasions and ceremonies, addresses by the
President of Ukraine, the Chairman of the Supreme Council
of Ukraine, the Prime Minister of Ukraine, the Chairman
of the Constitutional Court, people’s deputies of
Ukraine, and members of the government of Ukraine, as
well as religious programs shall not be interrupted for
advertising.
Political advertising and campaigning
on the day of elections and referenda is prohibited.
Advertising of tobacco and alcohol
products, and narcotic drugs, as well as advertising that
is perceived subconsciously (covert advertising) is
prohibited. Advertising of means and methods of
medical prevention and cure, cosmetics, household
chemicals, food products and food ingredients is
permissible only if a permit for their use and sale has
been issued by specially authorized bodies of the health
service of Ukraine.
Advertising shall not either in its
text or visual images contain anything that could be
detrimental to the spiritual, moral, or mental health of
adolescents or children.
Advertising in broadcasts aimed at
children (under 14 years of age) is prohibited.
Article 32.
Participation of Sponsors in the Creation of Tele-Radio
Broadcasts.
Broadcasts may be made with the participation of
juridical and natural persons, who act as sponsors, with
the exception of those whose primary business is the
production or the sale of products or services, for which
advertising is prohibited under Article 31 of this Law.
Broadcasts made with the participation
of sponsors shall be explicitly and fully identified as
such by visual or audio means at their beginning unless
the agreement between the tele-radio organization and the
sponsor stipulates otherwise.
News bulletins shall not be sponsored.
Interference by sponsors in the
professional activity of tele-radio organizations and
their employees is prohibited.
Article 33.
Correspondent Bureaus.
Tele-radio organizations shall have the right to open in
accordance with established procedures correspondent
bureaus in Ukraine and beyond its borders. Correspondent
bureau shall be a structural unit (department) of the
tele-radio organization and represent its interests.
Article 34.
Accreditation of Tele-Radio Employees.
Tele-radio organizations, with the consent of state
bodies and public associations shall have the right to
accredit with their press services journalist groups or
individual employees. Bodies where tele-radio
employees are accredited shall provide them with
facilities for professional work, taking into account the
characteristics of tele-radio production (location of
technical equipment, special lighting, connections to the
sound sources, etc.), as well as with information on the
place and time of sessions, press conferences,
presentations, conferences, and other occurrences, and
with minutes, protocols and other information.
Accreditation of tele-radio employees
may be withdrawn by decision, with the consent of the
tele-radio organization, of the organization where they
are accredited, or in case of their call back by the
tele-radio organization.
Article 35.
Preservation of Records of Tele-Radio Broadcasting.
Tele-radio organizations shall preserve the texts of
their program materials for one year after the broadcasts
of the programs, as well as keep a register of programs
broadcast without pre-recording (live), in which shall be
entered: the topic of the program; the date, time
of its beginning and end; and names of the authors,
moderators and other participants. The register of
programs broadcast live shall be kept for one year after
the day of last entry.
Programs completely recorded on
magnetic tape may be erased ten days after their last
airing, if by that time no application to refute
information contained in it has been filed. In case
of a dispute, they may be erased only after its
settlement (by a court verdict, an out-of-court
settlement, etc.).
The procedures and criteria for
selection, duration and conditions of long-term
preservation of tele-radio programs that have historic,
artistic, cultural or other value shall be established by
applicable legislation of Ukraine.
CHAPTER
IV RIGHTS AND OBLIGATIONS OF TELE-RADIO
ORGANIZATIONS AND THEIR EMPLOYEES
Article 36. Copyright
of Tele-Radio Organizations
Tele-radio organizations shall have copyrights on
broadcasts (films) and programs they have created, as
well as copyrights obtained in accordance with contracts
to which they are parties.
A tele-radio organization shall, with
respect to other tele-radio organizations, institutions,
and individuals in Ukraine and abroad, have the right to
permit or prohibit the following:
— broadcasting
(re-transmission) of its broadcasts (films) and
programs;
— copying or sale of copied broadcasts (films)
and programs that are its property, as well as copies
of musical, literary, and dramatic performances
originally produced by the tele-radio organization in
its studio or before live audiences.
Use of
the broadcasts (films) and programs of a tele-radio
organization shall be allowed without its permission in
the following cases:
— for
satisfaction of the personal needs of individuals;
— for the use by other tele-radio organizations
of short extracts not exceeding five minutes per
program (film);
— for educational purposes at state educational
institutions.
Article 37.
Duties of Tele-Radio Organizations.
A
tele-radio organization shall be obligated:
a. to
disseminate objective information;
b. in the operation of communication lines, not
to create interference in the transmission and
reception of programs of other tele-radio
organizations;
c. to comply with state standards and technical
parameters of television and radio broadcasting;
d. to give viewers advance notice if it airs a
program for which it has received payment;
e. to follow the rules of advertising activity
and sponsorship stipulated by this Law;
f. to treat with respect the national dignity,
national identity and culture of all peoples;
g. to keep secret, on the basis of documented
confirmation, information about persons who have
provided information or other materials on the
condition that their identities be kept confidential;
h. not to disseminate materials that violate
the presumption of innocence of a defendant before a
court verdict;
i. not to disseminate information about the
private life of citizens without their consent, if
this information is not a matter of public concern.
In a
case where a court determines that dissemination and
information about the private life of a citizen does not
present information which is a matter of public concern,
the moral and material damage shall be compensated in
accordance with procedures as established by applicable
legislation of Ukraine.
A tele-radio organization shall not
have the right to:
- — alter
radically the character, volume, or principles of
its programming without prior notification in its
broadcasts to viewers and listeners;
— unilaterally increase subscription fees or
other forms of payment for its services, prior to
the expiration of the applicable agreement,
except when the centrally-approved tariffs for
television and radio broadcasting services are
revised.
Within
a geographical area of reliable reception of tele-radio
programs, the pursuit of any type of activity that might
interfere with the reception of programs or lower their
technical quality is prohibited. Juridical and
natural persons who are guilty of violating this
provision shall pay all expenses necessary for
restoration of the previously maintained standard of
program reception.
Article 38.
Rights of Artistic Employees of Tele-Radio Organizations.
Artistic employees of tele-radio organizations, engaged
in tasks assigned by them, shall on its assignment shall
have the right to:
a. gather and
receive without hindrance information necessary for
preparation of broadcasts;
b. make film, video, audio and other
recordings, and take photographs, except in cases
stipulated by applicable legislation of Ukraine;
c. visit governmental offices, enterprises,
institutions and organizations, and be received by
their officials, when on assignment from a tele-radio
organization;
d. upon presentation of credentials as an
employee of a tele-radio organization, have access to
placed of natural and other disasters, accidents,
mass disturbances, meetings, rallies, demonstrations
and other public events in areas where emergency rule
has been declared;
e. have access to (including making recordings
or copies of) documents and materials, except for
those specially protected by applicable legislation
of Ukraine;
f. use a pen-name and to warn about the
necessity of preserving the secret of the pen-name;
g. be presented with the final edition of a
program made with the use of materials collected by
them before it is aired, and suggest changes in it;
h. withdraw their responsibility for materials
that were, in their opinion, altered (distorted)
during editing;
i. decline an assignment from superiors, if it
contravenes applicable legislation.
Article 39.
Duties of Artistic Employees of Tele-Radio Organizations.
An
artistic employee of a tele-radio organization shall:
a. observe the
programming principles of the tele-radio
organization, and be guided by its charter;
b. verify the authenticity of information he or
she has received;
c. not permit dissemination of information
falling under Article 2(2) of this Law;
d. not permit dissemination of information in
tele- radio programs that violates the rights and
legal interests of citizens or degrades their honor
and dignity;
e. fulfill other requirements stipulated by
this Law, by the charter of the tele-radio
organization, and by a labor contract between the
employee and the tele-radio organization.
The
duties stipulated in the first paragraph of this Article
apply also to freelance employees of the tele-radio
organization.
In the event that an artistic
tele-radio employee is a candidate for elective office,
that employee shall have a right of access to television
and radio broadcasting equal to that of other candidates.
An artistic tele-radio employee shall
not have the right to use his or her employment position
to further the interests of a candidate whom he or she
serves as an agent.
CHAPTER
V RIGHTS OF TELEVISION VIEWERS
AND RADIO LISTENERS
Article 40.
Defense of the Rights of Television Viewers and Radio
Listeners.
Viewers
and listeners have the right to:
— receive for
their individual use all programs of state,
non-state, and foreign tele-radio organizations;
— present a tele-radio organization, its
founders and the National Council with remarks and
suggestions regarding the content and technical
quality of programs and receive a direct reply either
in broadcasts or in writing;
— refute information disseminated by a
tele-radio organization that is false or degrades the
honor and dignity of citizens.
Article 41.
Defense of the Rights of Non-Adult Viewers and Listeners.
Broadcasts (films) which could be detrimental to the
physical, mental or moral growth of minors are
prohibited.
Without the consent of the parents or
guardians, the dissemination of information about minors
who have committed a crime, about crimes committed
against minors, or about suicides of minors, if such
information allows for identification of the minor, is
prohibited.
Article 42.
Prohibition Against Distortion of Information.
A
person interviewed or used as an information source for a
tele-radio organization shall have the right to demand in
writing a review of the final material prior to its
airing, and, in case of a disagreement, to delete the
material from the broadcast. Disputes concerning
violations of the norms contained in the first paragraph
of this Article shall be adjudicated by a court.
Article 43. Right
of Reply, Refutation, or Personal Commentary about
Circumstances.
A
tele-radio organization shall make available to citizens
and representatives of organizations whose interests are
damaged by the dissemination of information an
opportunity to reply, refute, or provide a personal
commentary on the circumstances of the matter.
If information disseminated in a
tele-radio broadcast degrades the honor and the dignity
of a citizen or is false, it shall at the request of the
interested person be retracted by the tele-radio
organization that disseminated the information within one
month. The content and timing of the response shall be
determined by agreement of the interested party.
Disputes concerning implementation of
the above rights shall be adjudicated by a court.
CHAPTER
VI FINANCING AND
MATERIAL-TECHNICAL BASE TELE-RADIO ORGANIZATIONS
Article 44.
Financing of Tele-Radio Organizations.
The
following shall be sources for financing of tele-radio
organizations: budgetary appropriations, license fees,
and funds obtained from:
— production and
broadcasting of advertising, publishing of
newspapers, magazines, information bulletins, books
and video newspapers and production of contracted
tele-radio programs;
— sale of the right to publish listings of their
tele-radio programs to newspapers, magazines, and
news agencies;
— business activities of commercial channels, as
well as of cable reference services (teletex) and
other forms of tele-radio broadcasting;
— production, sale, and rental of recorded
cassettes and video and audio products;
— rental of television movies, commercial
performances, and concerts directly organized by a
tele-radio organization;
— foreign economic activities of a tele-radio
organization and other types of activities
contemplated by its charter;
— dues from its founders, sponsors, state
bodies, charitable and other public foundations, and
from private citizens. Foreign investment as a
form of financing of a tele- radio organization shall
be permitted in accordance with the requirements
stipulated by applicable legislation of Ukraine
within the limits established by Article 13 of this
Law.
Article 45.
Material-Technical Base of Tele-Radio Organizations.
The
material-technical base of a tele-radio organization that
produces tele-radio broadcasts and programs and delivers
them to customers may include in its component parts
enterprises and organizations (television centers,
tele-radio centers, technical centers of television and
radio broadcasting, radio houses, etc.), as well as
technical means of dissemination of tele-radio programs
(transmitters, satellites, cable, radio- relay networks
of communication, and other means).
Technical means of television and
radio broadcasting established (purchased, constructed)
at the expense of state investments shall not be made
available for the use of non-state tele-radio
organizations without the consent of the relevant central
body of the state executive power and the National
Council.
Plans, programs and schematics for the
development of public, institutional and other forms of
broadcasting shall be coordinated by tele-radio
organizations with the development planned for state
television and radio broadcasting in the corresponding
geographic areas.
When designing, constructing, and
remodeling facilities (houses, buildings) intended for
public performances (cultural, sport, entertainment,
etc.), necessary technical standards shall be met for the
provision of live tele-radio transmissions from those
facilities (lighting, areas of installation of television
cameras and other equipment and for the work of
employees, communication lines, etc.).
CHAPTER
VII RESPONSIBILITY FOR VIOLATION
OF LEGISLATION ON TELEVISION AND RADIO BROADCASTING
Article 46.
Responsibility for Violation of Legislation on Television
Radio and Broadcasting.
The
following shall be violations of legislation of Ukraine
on television and radio broadcasting:
— Violations set
forth in Article 47 of the Law of Ukraine “On
Information;”
— Violation of requirements set forth in
Articles 2(2), 8, and 20(4) of this Law;
— Violation of the anti-monopoly limitations
stipulated by this Law;
— Violation of the limitations imposed on
foreign investors;
— Broadcasting without a license;
— Use of fraud to obtain a license for the use
of broadcasting channels;
— Broadcasting while in violation of conditions
set forth in a license;
— Violation of the procedures and time limits
for granting of a license;
— Violation of the interests and legal rights of
tele-radio organizations that are license holders;
— Providing the technical means of broadcasting
for the use of tele-radio organizations that do not
hold a license;
— Complete or partial transfer of a broadcast
channel for the use of another juridical or natural
person;
— Violation of the requirements regarding
communication of compulsory identifying information;
— Establishment of networks of cable (wire)
broadcasting without permission of the local bodies
of state executive power;
— Failure of cable tele-radio broadcasting
organizations to retransmit to their subscribers
programming of state broadcasters;
— Violation of copyrights of the owners of
tele-radio broadcasts and programs;
— Violation of the requirements governing
advertising established by this Law;
— Violation of the conditions of activity of
sponsors;
— Violation of the rights of artistic tele-radio
organization employees;
— Violation of the legal rights of television
viewers and radio listeners;
— Interference with the legal activity of the
National Council.
Persons
found guilty of these violations shall bear civil,
administrative, and criminal responsibility in accordance
with applicable legislation of Ukraine.
Article 47.
Compensation for Moral Damage.
Moral
(non-material) damages suffered by a citizen as a result
of dissemination by a tele-radio organization of
information that is false, degrades the honor and dignity
of an individual, or inflicts upon that person other
non-material damages shall be compensated in accordance
with a court decision by the guilty tele-radio
organization, official or citizen. The amount of
compensation for the moral (non- material) damage shall
be determined by the court.
Article 48.
Exemption from Responsibility for Dissemination of False
Information.
Tele-radio organizations and tele-radio employees shall
not be responsible for dissemination by television or
radio of false information in the following
circumstances:
a. If the
information was contained in official reports;
b. If it was received from information agencies
or press services of state bodies and bodies of
public associations;
c. If it was a direct quote from an address by
a people’s deputy or from an official address by
an official of a state body;
d. If it was contained in statements made by a
person on the air during a live broadcast.
CHAPTER
VIII INTERNATIONAL COOPERATION IN
THE SPHERE OF TELEVISION AND RADIO BROADCASTING
Article 49.
International Cooperation Among Tele-Radio Organizations.
Relations between tele-radio organizations and foreign
partners shall be based on international agreements
ratified by Ukraine or on direct agreements.
If an international agreement to which
Ukraine is a party establishes norms inconsistent with
this Law, the norms of the international agreement shall
apply.
Article 50.
Activity of Representatives of Foreign Tele-Radio
Organizations on the Territory of Ukraine.
Accreditation of foreign television and radio
broadcasting correspondents shall be performed by the
Ministry of Foreign Affairs of Ukraine.
The legal status and professional
activity of representatives of foreign tele-radio
organizations accredited in Ukraine shall be regulated by
the Cabinet of Ministers of Ukraine.
Representatives of foreign tele-radio
organizations who are not accredited in Ukraine in
accordance with established procedures shall perform
their activities as employees of foreign judicial
persons.
President of Ukraine
L. Kravchuk
City of Kiev
December 21, 1993
Published for the first
time in Ukrainian and Russian in the Kiev daily Holos
Ukrainy on February 22, 1994. Translated into
English by Peter Krug and Andrei Richter.
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