Post-Soviet Media Law & Policy Newsletter
Issue 21 Benjamin
N. Cardozo School of Law September 27, 1995
Draft Statute of the Republic of Tajikistan on Television
and Radio
What follows are selected provisions of a media bill
currently under consideration in Tajikistan:
PREAMBLE
Television and radio in the Republic of Tajikistan are:
the most pervasive means of information, propaganda, and education; among
the democratic institutions of society; effective instruments of its renewal;
functional elements of the political system; and a means for the expression
and formation of public opinion and sentiment, and for informing, educating,
and entertaining the citizenry. They advance the goal of realizing the
freedoms of speech and press, guaranteed in the Constitution of the Republic
of Tajikistan, the principles of openness and the inalienable right of
citizens to receive full, efficacious, and reliable information on questions
of public and state affairs in the Republic and abroad, and free, open
discussion of all issues of public significance concerning domestic and
foreign policy and international affairs.
Television and radio in the Republic of Tajikistan
are obligated in every possible way to further the consolidation of society,
the strengthening of its stability and tranquility, the ensuring of defense
of state interests, the humanization of personal relations, lawful order,
and harmony between nationalities, and are called upon to promote the strengthening
of peace and the formation of civilized relations in society, grounded
in equal rights.
CHAPTER I GENERAL PART
Article 1. Sphere of Application of the Statute
This Statute applies to all forms of television and
radio regardless of departmental affiliation, except for: special closed
video systems (industrial, technical, internal production, educational,
service, and others), radio (amateur broadcasters’ communications, sport
radio, and others), and other forms of communication operating on the basis
of individual calls or using special channels for the dissemination of
information for purposes and tasks other than those which are the responsibility
of television and radio in the sense of this Statute.
Article 2. Principles of Television and Radio Activity
The principles of television and radio activity are:
close ties with the masses; effectiveness; objectivity; veracity; reliability;
high morality; competence; strict observance of professional ethics; the
right of all citizens and organizations to free expression of their views
and opinions and airing of well-founded objections and answers; and respect
for human and universal values.
Interference by state organs, public organizations, or citizens
in the creative activity of television and radio agencies related to preparation
and dissemination of television-radio programs is not permitted, nor is
prior censorship of television-radio programs.
It is prohibited to use television and radio agencies
to disseminate: information constituting state secrets or other secrets
explicitly protected by law; calls for the violent overthrow or other change
of the existing state or social structure; propaganda for war, violence
and brutality, or racial, national, or religious discrimination or intolerance,
or localism; pornography; or incitement to the commission of criminal or
other illegal acts.
Article 3. Legislation on Television and Radio
The activity of television and radio agencies is regulated
by this Statute, as well as by other legislative measures of the Republic
of Tajikistan on television and radio enacted in conformity with it.
The goal of legislation on television and radio is the
legal regulation of social relations connected with the activity of television
and radio agencies in the Republic of Tajikistan in order to realize the
goals of the freedoms of speech and press guaranteed by the Constitution
of the Republic of Tajikistan, the principles of openness and the rights
of citizens to receive full, efficacious, and reliable information, the
free and open discussion of all issues of public significance, and also
the ensuring of education and the aesthetic development of citizens, and
the strengthening of legality in the sphere of television and radio broadcasting.
Article 4. State Authority in the Sphere of Television and
Radio
The state:
— directly manages the agencies of state television and radio;
— defines the fundamental organizational, economic, and legal principles
in the sphere of television and radio;
— by legislation regulates the organization and activity of Gosteleradio
[State Television and Radio Committee] of the Republic of Tajikistan in
the sphere of television and radio and defines its competence;
— approves and implements the composite and special programs
for development of television and radio, and establishes appropriate funding
for their realization (including foreign currencies);
— finances the agencies of Gosteleradio from the Republic’s budget;
— defines the principles of the legal status of state television and
radio agencies, and the means for defense of their rights and lawfully-protected
interests;
— supervises observance of legislation on television and radio;
— carries out a unified scientific-technical policy on the territory
of the Republic of Tajikistan, establishes state standards for the technical
parameters of television and radio, and controls the observance of technical
requirements made upon television and radio and their originated television-radio
programs;
— rationally allocates and effectively develops the technical means
of television-radio broadcasting and installation of broadcasting facilities,
and ensures operation of a functioning unified network of distribution
systems of television and radio;
— creates the communications networks connected with the development
of television and radio;
— creates the legal means for defense of the rights and lawfully-protected
interests of consumers of television-radio productions (viewers and listeners);
— exercises state and other powers in the sphere of television and
radio, and ensures the fulfillment of the Republic of Tajikistan’s international
obligations; and
— organizes and carries out tasks connected with participation in the
activity of international organizations concerned with questions of television
and radio.
Article 6. System of Television and Radio Agencies
The fundamental bases of the system of television and
radio agencies are the agencies of state television and radio under the
authority of the State Committee of the Republic of Tajikistan on Television
and Radio Broadcasting (Gosteleradio). State television and radio carry
out their functions independent of political or other public organizations
or movements, and present the objective and comprehensive exposition of
events taking place in the country. The system of state television and
radio includes Gosteleradio, regional committees on television and radio
broadcasting, and municipal and district television and radio broadcasting
studios, the founders of which are the corresponding local Soviets of People’s
Deputies.
Gosteleradio of the Republic of Tajikistan carries
out its functions in accordance with Article 4 of this Statute and Regulations
promulgated by the Council of Ministers of the Republic of Tajikistan.
Any acts of regional or local organs intended to change the legal and material
status of the system of the State Committee of the Republic of Tajikistan
on Television and Radio Broadcasting and adopted without the agreement
of the Council of Ministers of the Republic of Tajikistan are invalid.
Gosteleradio exercises control over the observance
of legislation and charters of local television and radio agencies, ensures
the defense of state interests, registers and issues licenses for the opening
of broadcasting centers and studios, and takes inventory of television
and radio facilities on the territory of the Republic of Tajikistan.
Article 7. Departmental, Public, Private, and Other Television
and Radio Agencies
Departmental, public, private, and other television
and radio agencies created with the goal of expanding opportunities to
receive diverse programming in addition to state television and radio broadcasting,
are governed in their activity by this Statute, their charters, and decisions
of their founders and registering organs within the limits of their jurisdiction.
Plans, programs, and schemes for the development
of departmental, private, public, and other types of television and radio
in their respective territories must be coordinated with the long-range
program of development of state television and radio.
Actions by these television and radio agencies which hinder the
reception by the public of programs of state television and radio agencies
is prohibited.
CHAPTER II PROCEDURE FOR CREATING AND LIQUIDATING
TELEVISION AND RADIO AGENCIES
Article 8. Right to Establish Television and Radio Agencies
The right to establish a television and radio agency
belongs to juridical persons and citizens of the Republic of Tajikistan
of at least 18 years of age, whose proposed charter conforms to the requirements
of this Statute and who present guarantees of providing the material-technical
and financial basis for ensuring the operation of a television and radio
agency.
The State Committee of the Republic of Tajikistan for
Television and Radio (Gosteleradio) is established by the Supreme Soviet
of the Republic of Tajikistan upon the recommendation of the Council of
Ministers.
Article 9. Registration of Television and Radio Agencies
Television and radio agencies may commence operations
only after they have been registered.
An application for registration of a television
and radio organ is submitted to Gosteleradio by the founder. The application
is subject to review within a month from the date of its receipt.
An application must set forth the following information:
— about the founder (official name, legal and postal address, bank
account, last name, first name, patronymic, and residential address of
a citizen); . . . .
— programming plans of the television and radio agency;
— language (or languages) in which programming will be broadcast;
— the territory over which information is intended to be broadcast;
— the proposed audience;
— time periods and volume of broadcasting (production of programs);
. . . .
— sources of financing and guarantees of material-technical support
for operation of a television and radio agency; . . . .
An application will not be reviewed if it:
(a) Is not subject to review in the registering organ (is not
under its jurisdiction); . . . .
(c) Does not comply with the requirements of Article 8 of this
Statute (does not contain information neccessary for a determination);
. . . .
Upon correction of the deficiencies which served as
grounds for not reviewing an application, it must be reviewed according
to the procedures and during the time period set forth in this Statute.
The decision not to review is communicated in written
form during the time period established for registration. The applicant
may appeal this decision to a court.
After registration a certificate is sent to the
television and radio organ, granting the right to engage in the identified
activity. . . .
The registration certificate also serves as a license
for the right to engage in broadcasting. . . .
Article 10. Denial of Registration of a Television and Radio Agency
Registration of a television and radio organ may be
denied in the following circumstances:
1. The application was submitted by a citizen lacking legal capacity,
or by an enterprise, organization, or founder, which is not a juridical
person, or is a person who has been convicted of a state crime;
2. A registration certificate has already been issued to a television
and radio organ with the same name or intended audience;
3. The name or program of the television and radio agency is
in conflict with the requirements of Part Three of Article Two of this
Statute; . . . .
5. The application was submitted less than one year from the
date of entry into force of a decision to terminate the activity of the
television and radio agency;
6. The proposed material-technical support does not meet the
requirements of state standards or the state-sanctioned program (scheme)
for development of television and radio in the relevant territory.
Denial of issuance of a registration certificate is
sent to the applicant in written form with a statement of the grounds for
the denial and citations to the applicable legislation.
Denial of issuance of a registration certificate
may be appealed within a month to a higher state organ or to a court in
the locale of registration of the television and radio agency.
Article 11. Term of a Registration Certificate
A registration certificate is issued for a term established
by the applicant, but not exceeding five years. At the end of the term
the certificate loses its effect and is subject to return to the organ
which issued it. . . . .
Article 13. Rights and Duties of the Registering Organ
The registering organ (Gosteleradio) in charge of questions
of television and radio broadcasting is responsible for the observance
by all television and radio agencies of principles and execution of goals
envisaged by this Statute. It lacks the right to give instructions to television
and radio agencies not included in its system, except in those circumstances
stipulated by this Statute.
The registering organ is authorized to:
— receive from television and radio agencies, their founders, and officials
necessary information concerning the observance of applicable legislation
on television and radio. The requested information is not subject to divulgence,
except for answers to inquiries in court;
— conduct official investigations of their activities;
— upon the discovery of evidence of legal violations in the activities
of television and radio agencies, report to the appropriate law enforcement
agencies, as well as participate in judicial proceedings;
— halt or suspend the activity of a television and radio agency;
— invalidate a certificate of registration in the case of a television
and radio agency which has not commenced operations within one year after
the issuance of its certificate;
— revoke a certificate of registration in a case of systematic violations
of the requirements of this Statute.
Television and radio agencies regardless of departmental
affiliation and their officials are obligated to present documents, information,
and explanations to their registering organ in connection with its execution
of supervisory functions.
Article 14. Administration of Television and Radio Agencies
Management of television and radio agencies is exercised
by the founder and the immediate manager (director, chief editor, editor,
or other official).
The founder approves the program and charter of
a television and radio agency, provides financial and material-technical
support, and halts or suspends its operations. The relations between the
founder and the television and radio agency are determined in the charter
and contract.
The charter of the television and radio agency establishes
the competence and responsibility of the immediate manager concerning the
assignment of duties to employees of the television and radio agency, planning,
disposition of property, and exercise of authority . . . .
The immediate manager of a television and radio
agency must be a citizen of the Republic of Tajikistan.
Article 15. Termination and Suspension of the Operations of a
Television and Radio Agency
The activities of a television and radio agency are
terminated or suspended in cases of violations of rules set forth in this
Statute.
The termination or suspension of the operation of
a television and radio agency is decided by those organs which created
it, or by the registering organ or a court in cases authorized by this
Statute.
The suspension of the operation of a television
and radio agency is a measure preceding the termination of activity, and
can be for a maximum of two years. In cases where the circumstances (inadequacies,
violations, etc.) giving rise to suspension of operations of a television
and radio agency have not be corrected within the designated time period,
the registering organ or a court makes a decision about the termination
of the agency’s activity.
An organ, having made a decision to terminate the
activity of a television and radio agency, must inform the registering
organ within three days for recording in the State Register of Television
and Radio Agencies of the Republic of Tajikistan.
CHAPTER III THE ORGANIZATION OF TELEVISION AND
RADIO BROADCASTING
Article 16. The Opening of Broadcasting
A television and radio agency has the right to begin
broadcasting upon receipt of a certificate of registration. Pursuant to
this, dissemination is permitted of only those productions which were created
by a television-radio center, studio, or other technical facility which
has received a license issued according to established procedures. . .
.
Article 28. The Use of State Television and Radio by Public Organizations
The exclusive use of air time by one or another public
organization, movement, or group, as well as the conversion of a state
television-radio broadcast into a means of propaganda for the personal
political viewpoints of its employees is not permitted.
Public organizations represented in the Supreme
Soviet of the Republic of Tajikistan and in Soviets of People’s Deputies
of various levels have equal rights to the use of state television and
radio under the auspices of those Soviets under the conditions envisaged
by Article 25 of this Statute.*
At the time of elections, all public organizations
with at least one candidate for the designated organs of power registered
by the procedures set forth by law, are presented equal air time through
television and radio agencies, regardless of their departmental affiliations.
Article 29. Advertising By Television and Radio Agencies
An advertisement must be objective in nature and clearly
distinguishable from the other parts of a program.
The time set aside for advertising must not exceed
ten percent of each hour of programming, and five percent of total daily
programming, if the television and radio broadcasting is financed by the
state budget.
Broadcasting of films and television movies (except
for miniseries, serials, entertainment shows, and documentaries) if their
length is greater than 45 minutes, may be interrupted once during a 45
minute block of time, if nothing else is envisaged by contracts with the
authors and copyright holders.
Television and radio journalists are forbidden to
receive sums of money for disseminating advertisements in the form of information.
Responsibility for the inclusion of advertisements
into a program, which in its artistic or technical quality does not satisfy
established requirements, is borne by the television and radio agency.
Responsibility for the content of advertisements is borne by the advertiser.
The sale of advertising time is at prices established
by contract.
Article 30. Prohibition and Limits of Advertising Programs
Advertising of tobacco and alcohol products, medicines
available on the territory of the Republic of Tajikistan only by a doctor’s
prescription, or means and methods of medical prophylactics and cures which
have not been approved by authorized state public health organs, is prohibited.
Telejournals, announcements, news, documentary films,
and children’s shows which are less than 30 minutes in length, may not
be interrupted by advertising.
Advertisements of a political nature are not permitted
on the day of elections to organs of state power.
An advertisement directed toward children and youth
may not contain anything in the text or images which could cause them spiritual,
moral, or psychological harm.
CHAPTER IV RIGHTS AND DUTIES OF CREATORS OF
TELEVISION AND RADIO PROGRAMS
Article 40. Duties of Television and Radio Agencies
Television and radio agencies are obligated to:
1. carry out the requirements envisaged by this Statute, other
legislation of the Republic of Tajikistan, the program of activity, and
the charter approved by the founder;
2. disseminate, to the greatest possible extent, objective and
accurate information, impartially present it, and independently express
and reproduce differing points of view. . . .
7. be attentive toward the maintenance of the national qualities
and culture of all groups of the population of the Republic of Tajikistan;
8. shape the spiritual culture of society and artistic tastes
of citizens, contribute to the enlightenment and education of the public,
and convey the richness of world culture;
9. develop legal consciousness and a legal culture;
10. promote the active and interested participation of citizens
in public life, openness, and democracy;
11. affirm social justice in society and the democratic principles
of a law-based state and universal human values;
12. preserve in confidence information about a person presenting
information, documents or other data by withholding his or her name, except
in cases when it is needed by judicial or investigating organs;
13. not broadcast information from a preliminary investigation
which became known in connection with the execution of official duties,
without written approval from the prosecutor, investigator or person conducting
the inquiry;
14. not disseminate, in the course of reporting on judicial proceedings,
materials violating the presumption of innocence of a defendant; and
15. not broadcast information about the private life of a citizen
without his or her consent if this information is not of public necessity.
In cases where a court rules that dissemination of information
about the private life of a citizen is not of public necessity, material
and non-material harm are compensated in the order established by legislation.
CHAPTER VII RESPONSIBILITY FOR VIOLATION OF
LEGISLATION ON TELEVISION AND RADIO
Article 49. Responsibility for Violation of Legislation on Television
and Radio
Founders, television and radio agencies and their officials,
editors, authors, and other persons directly participating in the preparation
(directors, operators, etc.) and dissemination of television and radio
programs bear civil, administrative, criminal and disciplinary responsibility
for violation of legislation on television and radio.
Such agencies and persons bear responsibility also
in cases where the television or radio agency was not properly registered
or its activity was terminated.
Article 50. Responsibility of Television and Radio Agencies
For violation of the requirements of Part 1 of Article
9, Part 2 of Article 11, and Articles, 16, 17, 18, 21, 22, 27, 29, 31,
34 and 40 of this Statute and other legislative acts regulating the activities
of television and radio agencies, as well as for abusing constitutional
rights of freedom of speech and freedom of information (Part 3 of Article
2), guilty representatives of a television and radio agency will bear administrative
responsibility in the form of fine not exceeding three times the minimum
salary.
For systematic violations in the course of one year
entailing application to a television and radio agency or its officials
of the responsibility established in Part 1 of this Article, its activity
may be terminated by a founder, its registering organ, or a court which
may also order the confiscation of the premises, equipment, and materials
or deprivation of the right to practice as a journalist for a period not
exceeding five years.
Application of any measures imposing responsibility
(including termination of activity) may be appealed to the courts.
Along with a lawsuit seeking recognition that termination
of its activity was unlawful, a television or radio agency has the right
to demand compensation for losses suffered as a result.
Article 51. Broadcasting of Television and Radio Programs in Grave
Violation of Established Requirements
Broadcasting of programs: in violation of a decision
on termination; by an unregistered television and radio agency; on an unapproved
frequency; in violation of other requirements stipulated in the certificate
of registration; and in violation of rules regarding dissemination of advertising,
entails an administrative fine not less than three and no more than six
times the minimum salary.
For broadcasting of television and radio programs
by an association, enterprise, or organization using technical facilities
of television and radio in violation of Part 2 of the requirements of Article
16, Articles 19, 24, Part 4 of Article 40, or Article 47, or unlawful termination
or limitation of broadcasting time (Article 24) or failure to obey a decision
on termination of broadcasting, guilty officials will bear administrative
responsibility in form of a fine not less than two and no more than five
times the minimum salary.
Article 52. Compensation of Losses and Non-material Harm
Losses and non-material harm sustained as a result of
the broadcasting by television and radio agencies of programs which contain
false information or not conforming to the requirements of Paragraphs 12-15
of Article 40 of this Statute, are compensated voluntarily in an amount
defined by agreement between the television and radio agency and the aggrieved
party.
In a case where an agreement is not concluded, or
where payment of an agreed amount is not made within one month from the
time the aggrieved party applied to the television and radio agency, the
dispute is decided by a court. . . .
Article 53. Responsibility for Infringement of Rights and Interests
of Television and Radio Agencies Protected by Law
Interference by state bodies or public organizations,
which are not its founders, or by citizens, as well as violation of requirements
stipulated in Part 1 of Article 24, Articles 26 and 27, Part 2 of Article
33, and Article 37 of this Statute, in the operation of a television and
radio agency in connection with the preparation and broadcasting of programs,
entails an administrative fine no less than two and no more than five times
the minimum salary.*
Translation by Peter Krug.