   
|
|
Draft Law:
“On Rules for the Coverage by State Mass Media
of the Activity of Bodies of State Power”
Article
1. Subject of regulation.
This Law regulates relations
arising in connection with the dissemination by state
mass media of materials or reports about the activity of
bodies of state power of the Russian Federation and its
constituent units.
Article 2. Legislation concerning the rules for
Coverage by state mass media of activity of bodies of
state power.
Legislation of the Russian
Federation concerning rules for the coverage by states
mass media of the activity of bodies of state power is
part of the legislation concerning mass media.
This Law is the only normative legal
act of legislation of the Russian Federation concerning
rules for the coverage by state mass media of activity of
the bodies of state power.
Article 3. Definitions.
In this Law, it is understood
that:
—
“State medium of mass information” means an
outlet of mass information, the founder of which is a
federal body of state power;
— “Federal body of state power” means
the President of the Russian Federation, the Federal
Assembly of the Russian Federation, the Government of
the Russian Federation, the Constitutional Court of
the Russian Federation, the Supreme Court of the
Russian Federation, and the Superior Arbitration
Court of the Russian Federation;
— “Bodies of state power of the constituent
units of the Russian Federation” means
representative and executive bodies of state power of
republics, territories, regions, cities of federal
status, autonomous regions, and autonomous districts;
— “Mass information medium of federal
status” means an outlet of mass information
whose productions are disseminated over a territory
larger than five subjects of the Russian Federation;
— “Mass information medium of regional
status” means an outlet of mass information
whose productions are disseminated over a territory
of five or fewer constituent units of the Russian
Federation;
— “Information programs” means daily
television and radio news programs, with the
exception of authored information— analytical
programs.
Article
4. Guarantees of mass media independence from state
bodies.
State bodies of the Russian
Federation and its constituent units shall not act as
founders of periodical printed publications, except for
publications of only official announcements or materials.
Periodical printed publications
publish materials or announcements of state bodies of the
Russian Federation and its constituent units pursuant to
agreements for payment from funds allocated from the
respective budgets for carrying out the activities of
those state bodies.
State bodies of the Russian Federation
and its constituent units and their officials do
not have the right to interfere in the creative activity
of mass media editorial boards, except as provided for in
the Russian Federation Law “On Mass Media,” the
Russian Federation Law “On Copyright and Neighboring
Rights,” or this Law.
State bodies of the Russian Federation
and its constituent units, as well as their officials,
shall not influence or exert pressure on journalists for
the purpose of coercing them to provide non-objective,
biased reporting of their activity.
Article 5. Audio and video recording of the work
of federal bodies of state power.
The press services of federal
bodies of state power shall make video and audio
recordings of all official activities involving the
participation of the President of the Russian Federation,
sessions of the chambers of the Federal Assembly of the
Russian Federation, and the government of the Russian
Federation and its presidium. A permanent system of
preservation of these recordings shall be
established. Recordings of closed sessions shall be
made and preserved in conformity with the requirements of
Russian Federation legislation.
Journalists of the mass media have the
right to familiarize themselves and make copies of
recordings referred to in the first paragraph of this
article except for copies of closed sessions.
It is not required to refer to the
respective press service when using recordings in
television or radio programs.
State bodies and their officials are
prohibited from using the provisions of this article for
limiting the rights of accredited journalists to make
their own audio or visual recordings at sessions,
meetings or other open governmental activity.
Article 6. Mandatory television and radio
programs.
State audio-visual mass
information media of federal status must provide
dissemination of the following television and radio
programs in full on at least one nation-wide television
channel and one nation-wide radio channel at a convenient
time for viewers and listeners, no later than 24 hours
after the occurrence of the event in question:
—
Addresses and statements of the President of the
Russian Federation, the chambers of the Federal
Assembly of the Russian Federation, and the
Government of the Russian Federation, transmission of
which has been provided for by the respective Federal
bodies of state power;
— inaugural ceremonies for the assumption of the
Office of President of the Russian Federation;
— opening of the first post-election session of
the Federation Council of the Federal Assembly of the
Russian Federation;
— opening of the first post-election session of
the State Duma of the Federal Assembly of the Russian
Federation;
— opening of the first session of a
newly-constituted government of the Russian
Federation.
Article
7. Information Programs.
State audio-visual mass
information media of federal status shall include in all
information programs announcements on the day they have
taken place about decisions and actions falling within
the competence of the President of the Russian Federation
or pertaining to the authority of the Chambers of the
Federal Assembly of the Russian Federation in accordance
with Articles: 88 and 93; 87, Part Two; 92, Part Two;
108, Part Two; 111, Parts 3 and 4; 83(a), (v) and (d);
84(a), (b), (v) and (e); 102, Part One (a), (b), (v),
(g), (d) and (e); and 103, Part One (a), (b), (e) and
(zh) of the Constitution of the Russian Federation.
State audio-visual mass information
media of federal status shall include in all information
programs announcements on the day of their taking place
concerning:
—
decisions and actions falling within the competency
of the President of the Russian Federation and
Constitutional Court of the Russian Federation or
pertaining to the authority of the Chambers of the
Federal Assembly of the Russian Federation in
accordance with Articles: 105, Parts One, Four
and Five; 125, Parts Two, Three, Four and Seven;
83(g), (e) and (zh); 102, Part One (zh), (z) and (i);
103(v), (g), and (d) of the Constitution of the
Russian Federation;
— statements of the President of the Russian
Federation, Chambers of the Federal Assembly of the
Russian Federation, and government of the Russian
Federation;
— speeches of the Chairman of the Government of
the Russian Federation, Deputy Chairman of the
government of the Russian Federation, and Federal
Ministers at Sessions of the Chambers of the Federal
Assembly of the Russian Federation;
— press-conferences by the President of the
Russian Federation, Chairman of the government of the
Russian Federation, Deputy Chairman of the Government
of the Russian Federation, Chairman of the Council of
the Federation of the Federal Assembly of the Russian
Federation, Chairman of the State Duma of the Federal
Assembly of the Russian Federation and also press
conferences called by committees, commissions,
factions or deputies’ groups of the Chambers of
the Federal Assembly of the Russian Federation;
— other publicly-significant facts concerning
the activity of the federal bodies of state power.
State audio-visual mass information media of federal
status shall provide to viewers and listeners effective
coverage concerning official visits of the heads of
foreign states or governments to the Russian Federation,
as well as about official visits abroad by the President
of the Russian Federation, delegations of the Federal
Assembly of the Russian Federation or of the Government
of the Russian Federation.
Article 8. Informational-Educational Programs.
State audio-visual mass
information medial of federal status shall weekly, except
when the chambers of the Federal Assembly are not in
session, present on one of the nation-wide television
channels and one of the nation-wide radio channels
informational-educational programs of at least 45 minutes
in length about the results of the work of the Chambers
of the Federal Assembly of the Russian Federation, their
committees and commissions, factions and deputies’
groups, conduct of parliamentary hearings, history and
practice of Russian and foreign parliamentarism,
strengthening of the Russian state, content and
application of fundamental provisions of the Constitution
of the Russian Federation and federal laws.
The broadcasting schedules shall be
developed by the editorial boards of the respective mass
media pursuant to proposals supplied by, of the press
services of the chambers of the Federal Assembly of the
Russian Federation.
State audio-visual mass information
media of federal status must provide for the reception of
these programs by viewers and listeners in all
constituent units of the Russian Federation.
Article 9. Requirements for Informational and
Informational-Educational Programs.
An informational program of state
audio and visual mass media announcements about the work
of the President of the Russian Federation, sessions of
the Chambers of the Federal Assembly of the Russian
Federation, the Government of the Russian Federation, and
the Presidium of the Government of the Russian Federation
must be presented as a separate block at the beginning of
a program. These announcements shall not be subject
to commentary in informational programs.
Announcements about sessions of the
chambers of the Federal Assembly of the Russian
Federation, Government of the Russian Federation, or its
Presidium must be accompanied by a visual presentation of
that session, if a videotape was technically ready for
airing.
A preferential right to an interview
on an informational or informational-educational program
concerning issues on the day’s agenda of a Chamber
of the Federal Assembly of the Russian Federation belongs
to the speaker on that question, the person or body with
a right of legislative initiative, a representative of
the profiled committee of a Chamber of the Federal
Assembly of the Russian Federation, faction or
deputies’ group which has initiated consideration of
the question. In a case where at least 20 members
of the Federation Council of the Federal Assembly
of the Russian Federation or at least 45 deputies of the
State Duma of the Federal Assembly of the Russian
Federation, or one faction or deputies’ group
opposed to adoption of the decision upon the question on
that day’s agenda the journalist of the
informational or informational-educational program must
interview the representative of that point of view.
The duration of the block of
announcements in informational television and radio
programs about the work of the Chambers of the Federal
Assembly of the Russian Federation on a day of their
sessions must consist of at least:
— 30
seconds— for programs, lasting up to three
minutes;
— 1 minute— for programs, lasting from
three to 10 minutes;
— 2 minutes— for programs, lasting from 10
to 20 minutes;
— 3 minutes— for programs, lasting from 20
to 35 minutes;
— 4 minutes— for programs, lasting more
than 35 minutes.
Article
10. Speeches by Members of the Council of the
Federation and Deputies of the State Duma on state mass
information media of regional status.
State mass information media of
regional status must at the request of a member of the
Federation Council of the Federal Assembly of the Russian
Federation or a deputy of the State Duma of the Federal
Assembly of the Russian Federation elected in a
territorial electoral district to allow that person the
opportunity to speak once every two months on a
television channel and once a month on a radio channel in
the district where he or she was elected.
A written request to appear must be
presented no later than two weeks before airing.
Several members of the Council of the
Federation of the Federal Assembly of the Russian
Federation or a deputies of the State Duma of the Federal
Assembly of the Russian Federation may participate in one
program. For a speech, each participant on the
program must be granted at least seven minutes of their
time period.
Article 11. Television and Radio Debates of
representative factions and deputies’ groups of the
Chambers of the Federal Assembly of the Russian
Federation.
State federal audio and visual
media of mass information must at least once a month
present on one of the television channels and one of the
radio channels a program of debates between
representative factions and deputies’ groups of the
Chambers of the Federal Assembly of the Russian
Federation.
The length of such a television
program must be at least 45 minutes and of a radio
program— at least 35 minutes.
The participation of a journalist or
journalists from the respective mass media in such
programs is mandatory.
The journalist is obligated to provide
equal conditions for the participants of the
debates. At the beginning of the program, the
journalist must set forth the rules of the debates and
also the conditions which if violated might result in a
denial of a participant’s opportunity to
speak. A journalist does not have the right to show
a preference or render assistance to any of the
participants in the debates.
A participant in a debate is obligated
to observe the rules of the debates and not make
offensive statements regarding the other participants in
the debate.
The sequence of participation of
factions and deputies’ groups in television and
radio debates shall be worked out jointly by the
representatives of all factions and deputies’ groups
or by lot.
Article 12. Other television or radio programs
about the activity of Federal bodies of state power.
State audio-visual mass
information media in the preparation of political
programs must provide balanced and objective information
to viewers and listeners about the work of the federal
bodies of state power of the Russian Federation, about
basic principles of the state structure of the Russian
Federation, about the basic directions of domestic and
foreign policy of the state, the plan of action of the
government of the Russian Federation, the positions of
factions and deputies’ groups of the chambers of the
Federal Assembly of the Russian Federation and of members
of the Council of the Federation and deputies of the
State Duma of the Federal Assembly of the Russian
Federation, and the outcome of cases and disputes by the
courts in other journalistic information and
informational-analytical programs.
The bodies of state power and their
officials may initiate dissemination of such programs in
accordance with legislation about television and radio
broadcasting.
Article 13. Professional assistance to
participants.
State audio-visual mass
information media must provide necessary professional
assistance, including pre-broadcast preparation and
technical assistance, to any of the following persons
appearing on their channels in any programs: the
President of the Russian Federation, members of the
council of the federation of the Federal Assembly of the
Russian Federation, deputies of the State Duma of the
Federal Assembly of the Russian Federation, the Chairman
of the government of the Russian Federation, the Deputy
Chairman of the Russian Federation, and federal
ministers.
Article 14. Conditions for dissemination of
programs concerning activity of bodies of state power of
the Russian Federation.
Thematic television or radio
programs of state mass media concerning the activity of
bodies of state power may not be interrupted by
advertising announcements or materials.
Thematic television or radio programs
concerning the activity of bodies of state power in their
dissemination on channels of state mass media, as a rule,
should not be broadcast at the same time as television or
radio programs on the same topic being disseminated on a
channel of another outlet of mass information.
Article 15. Oversight of the requirements of
legislation concerning rules for the coverage by state
mass media of activity of bodies of State power.
Oversight of the observance by
state bodies and state audio-visual mass information
media of the requirements of legislation of the Russian
Federation concerning rules for the coverage by state
mass media of the activity of bodies of state power shall
be exercised by the Federal Commission on Television and
Radio Broadcasting in accordance with federal laws and
the regulations of the Commission.
The Federal Commission on Television
and Radio Broadcasting shall exercise its oversight
authority over state audio-visual mass media only by
reviewing recordings of television or radio programs
after they have been broadcast.
Article 16. Appeals of claimed violations.
Actions which violate the
established rules for by state mass media of the activity
of bodies of state power may be appealed to a
court.
Article 17. Responsibility for violation of this
law.
A person guilty of violating this
Law shall bear administrative, criminal or other
responsibility in accordance with legislation of the
Russian Federation.
Article 18. Settlement of disputes.
Disputes concerning regulation of
the legislation concerning rules for the coverage by
state mass media of the activity of bodies of state power
shall be decided by a court, court of arbitration, or
state bodies in accordance with their legal authority and
according to procedures established by legislation.
Article 19. Entry of this law into effect.
This federal law shall enter into
effect on the day of its official publication.
Article 20. Conformity of this federal law to
other normative legal acts of the Russian federation.
Normative legal acts of the
President of the Russian Federation, government of the
Russian Federation, and other federal bodies of state
power, bodies of state power of the constituent units of
the Russian Federation, and bodies of local
self-government, shall be brought into conformity with
this federal law within two months of its effective date.
Translated by Peter Krug and Innessa Glazman
|
