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RUSSIAN
FEDERATION FEDERAL LAW
"ON A HIGHER COUNCIL FOR THE DEFENSE OF
MORALITY IN TELEVISION AND RADIO
BROADCASTING IN THE RUSSIAN FEDERATION"
Proposed law passed by
Duma and Federation Council, March 17, 1999
Television broadcasting and radio broadcasting in
the Russian Federation are free.
Censorship
is prohibited by the Constitution of the Russian
Federation. Freedom of television broadcasting and
radio broadcasting can be limited by federal law only to
that degree which is necessary in the interest of
defending the fundamentals of the constitutional system,
morality, health, and the rights and legal interests of
citizens, and of guaranteeing the defense of the country
and the safety of the state.
This
Federal law is aimed at the defense of morality in
television and radio broadcasting in the Russian
Federation.
Part I:
GENERAL PROVISIONS
Article 1.
The subject of regulation of this Federal law
This Federal law defines the capacity of the Higher
Council for the defense of morality in television and
radio broadcasting in the Russian Federation (the
Council), the status of the Council’s members, the
procedure for its formation and activity, and its
relationship with other law-making bodies.
Article 2.
Definitions
Definitions used in this Federal law:
- morality—a
system of ethical norms and rules of behavior
established in society on the basis of
traditional spiritual and cultural values,
particularly the concepts of goodwill, honor,
dignity, duty, conscience, and fairness;
- television and
radio broadcasting—distribution with
the use of electromagnetic waves of television,
audio programs, and additional information in
open or encoded form, implemented by airwaves or
by freely accessible cable network, intended for
individual reception by an unlimited audience;
- broadcaster—a
legal entity regardless of the form of ownership
or an individual registered as an entrepreneur,
performing television and/or radio broadcasting
on the basis of a broadcast license;
- i—a broadcaster
performing television and/or radio broadcasting
on the territory of one of the
geographical-administrative territories of the
Russian Federation;
- regional
broadcaster—a broadcaster performing
television and/or radio broadcasting on the
territory of two or no more than half of the
geographical-administrative territories of the
Russian Federation;
- all-Russian
broadcaster—a broadcaster performing
television and/or radio broadcasting on the
territory of more than half of the
geographical-administrative territories of the
Russian Federation.
Part II. THE
COUNCIL
Article 3.
Goals and tasks of the Council
1. The Council, in
the framework of its competency, in accordance with
Article 7 of this law, controls the compliance of
broadcasters with the requirements of federal legislation
of the Russian Federation.
The
Council does not have the right to demand that
broadcasters and mass media coordinate in advance their
announcements or materials or to prohibit the
distribution of announcements and materials or their
separate parts.
2. The Council’s activity is aimed at:
- protection of
morality, cultural values, family, motherhood,
fatherhood, and childhood;
- reinforcement of love
and respect for the Fatherland, faith in
good-will and fairness;
- development of the
national traditions and languages of the peoples
populating the Russian Federation;
- development of state
policy in the sphere of television and radio
broadcasting;
3. In the
interest of defending morality, the Council issues
warnings to broadcasters, uses other measures of
influence on broadcasters established by this Federal law
in the case of distribution by broadcasters of television
programs, radio programs, and other mass information, the
contents or aims of which are:
- to provoke commission
of capital crimes or creating a feeling in the
viewer’s mind that such crimes go
unpunished;
- to directly threaten
the security of individuals or the state;
- to propagandize or
inflame social, racial, national and religious
hatred, enmity or superiority;
- to propagandize war,
cruelty, and violence;
- to do damage to the
physical or mental health of citizens, the mental
or moral development of children, or to arouse
the possibility for such damage;
- to debase the dignity
of human identity;
- to violate the
generally accepted norms of Russian language as
the state language of the Russian Federation;
- to violate the
generally accepted norms of humanity and
morality, historically developed on the
foundations of the family.
4. The Council
will annually issue diplomas of honor to those
broadcasters that facilitate the reinforcement of
morality, love and respect for the Fatherland, faith in
good will and fairness.
The
name of the diploma of honor of the Higher Council and
its resolution are to be confirmed by the Council.
Article 4.
Procedure for formation and functioning of the Council
1. The Council is a
constantly acting state organ comprised of twelve
members, three of whom are appointed by the President of
the Russian Federation, three by the State Duma, three by
the Federation Council, and three by the Government of
the Russian Federation. The appointment of members
of the Council will take place within two months from the
day that this law takes effect.
2. The Council passes the Regimen for the Higher
Council.
For
selection of a chairman of the Higher Council, no fewer
than seven members of the council must be present at the
meeting. The chairman of the Higher Council is
chosen by secret vote by a majority of votes of the
members of the Council taking part in the vote. For
approval of a decision by the Council on the issuing to a
broadcaster of a warning or on the use against a
broadcaster of measures of influence, no fewer than three
members of the Council must be present at the meeting of
the Council. The decision is approved by a simple
majority of votes. If the votes for and against are
even on a given decision, the vote of the chairman is the
deciding vote.
3. The Council reviews questions presented by:
- the President of the
Russian Federation;
- the Federation
Council or the State Duma, formulated in the
appropriate resolutions;
- committees and
commissions of the Federation Council and State
Duma;
- members of the
Federation Council and deputies of the State
Duma;
- the Government of the
Russian Federation;
- state organs of
administrative-geographical entities of the
Russian Federation;
- one or more members
of the Council.
The Council has the right to review questions
presented by other legal entities or individuals.
The
Council takes issues under review only within the period
of twenty days following the airing of the television or
radio program in question, and only if the claim contains
information about a violation of morality by a specific
broadcaster.
The
decisions of the Council made on claims, on the basis of
the notions of the Council, must be published in print
media, the founders (or co-founders) of which are state
organs, and must be distributed by the broadcaster that
claim concerns.
4. The Council will publish an annual report on its
work, which must be published in print media, the
founders (co-founders) of which are state organs.
5. The Council is a legal entity.
The
Council will have an apparatus at its disposal, which
shall be appointed and dismissed by decision of the
Council.
The
property needed by the Council for performance of its
activity will be found in the operating department and is
considered federal property.
In
the framework of its estimate of expenses, the Council
sets the staff schedule of its apparatus.
The
rights, duties and responsibilities of the members of the
Council’s apparatus, and the conditions for their
entrance into state service are determined by federal
laws, other legal acts on federal state service, and
Russian Federation legislation on labor.
6. Location of the Council—Moscow.
Article 5.
Members of the Council
1. A member’s
term on the Council is six years, and a member can not be
removed except in cases stipulated by this federal law.
The
appointment of a member of the council in the framework
of the quotas established by this Federal law is
implemented within two months from the day of the end of
a term of a member of the Council.
2. The term of a member of the Council can be
preemptively curtailed by decision of the body that
appointed him in the event of:
- the member’s
written announcement of resignation;
- declaration of a
guilty verdict by a court regarding the member;
- pronouncement by a
court that the member is incapable of performing
his duties or absent without explanation;
- a limiting by a court
of the capacity of the member;
- declaration by a
court that a member is dead;
- death of the member.
A new member of the Council is appointed to the open
position in the framework of the quotas established by
this Federal law within two months from the moment of the
preemptive curtailment of the term of the previous
member.
3. A member of the Council can not carry out any
professional activity, paid or unpaid, except for
instructive, scientific, or other creative work.
4. Material guarantees of independence of members
of the Council, connected with salary, medical, social
and other provisions and services, are established as
they apply to corresponding guarantees stipulated by laws
and other legal acts of the Russian Federation for people
holding state positions in the Russian Federation.
Article 6.
Financing of the Council
Funds for maintaining the Council are stipulated in
the federal law on the federal budget for the given year.
The
Council shall develop the estimate of its expenditures
and send an account of its fulfillment to the President
of the Russian Federation, the Federation Council, the
Duma, and the Government of the Russian Federation.
Article 7.
The Competency of the Council
1. The Council, on
the basis of claims taken under consideration in
accordance with Point 3 of Article 4 of this federal law,
in the framework of its competency, controls (including
the use of recordings of television and radio programs
after their airing) the compliance of aired television
and radio programs and other mass information with the
requirements of legislation of the Russian Federation.
2. The Council performs the following activities:
- upon inquiry by the
President of the Russian Federation, houses of
the Federal Parliament of the Russian Federation,
the Government [cabinet of ministers] of the
Russian Federation, or the Ministry of Justice of
the Russian Federation, shall give in the
framework of its competency recommendations for
development of state policy in the sphere of
television and radio broadcasting and offer
analysis and expertise to the situation in the
sphere of television and radio broadcasting;
- shall bring in state
organs and experts for receipt and analysis of
information in the framework of its competency;
- in the manner
established by the Regulations of the Higher
Council, shall within one month of
broadcasters’ requests give conclusions on
the compliance of films, TV programs, radio
programs, and other mass information planned for
distribution with the requirements of this
Federal law;
- shall call to its
meetings representatives of television and radio
broadcasters for receipt of information regarding
their activity;
- shall demand from
television and radio broadcasters, within the
statute of limitations established by legislation
of the Russian Federation, copies of television
and radio programs and other information
necessary for review of claims stipulated in
Point 3 of Article 4, information that the
broadcaster is obligated to present to the
Council free-of-charge within a period of ten
days.
3. The Council shall
prepare for the Government of the Russian Federation
recommendations on the presentation to broadcasters of
privileges established by federal laws.
4. Upon review of a claim stipulated in Point 3 of
article 4 of this Federal law, the Council, in the event
of its establishment of the fact of distribution by a
broadcaster of television or radio programs or other mass
information defined by Point 3 of Article 3 of this law,
shall have the right to issue the broadcaster the
appropriate warning, and to take the following measures
against the broadcaster that has been warned:
- imposition of a fine
in the manner established by Article 8 of this
federal law;
- presentation to a
court of a claim for the annulment of the license
for broadcasting, in connection with the
violation by the broadcaster of licensing
requirements and conditions;
- appeal to the
appropriate body or other responsible entity for
the removal of the head of the broadcaster from
his post.
5. The Council shall
notify a broadcaster in violation of this Federal law of
the warning issued to him and explain the reasons for the
decision.
6. In the event that there are indications that a
violation found by the Council during review of a claim
is of a criminal nature, the Council shall refer it to
law-enforcement agencies.
7. A decision by the Council to take measures
against a broadcaster can be appealed by the broadcaster
in a judicial proceeding within a period of one month
from the time the decision is made.
Article 8.
Administrative responsibility of the broadcaster for
violation of morality
1. Performance by a
broadcaster of broadcasting with a violation of licensing
requirements and conditions, in the form of distribution
of television programs, radio programs, or other mass
information provoking the commission of criminally
punishable acts; creating a feeling in the viewer’s
mind that such crimes go unpunished; directly threatening
the security of individuals or the state; propagandizing
or inflaming social, racial, national and religious
hatred, enmity or superiority; propagandizing war,
cruelty, and violence; doing damage to the physical or
mental health of citizens or the mental or moral
development of children or arousing the possibility for
such damage; debasing the dignity of human identity;
violating the generally accepted norms of Russian
language as the state language of the Russian Federation;
or violating the generally accepted norms of humanity and
morality, historically developed on the foundations of
the family—entails imposition of a fine of 10 to 500
minimum wages for territorial broadcasters, 100-5,000
minimum wages for regional broadcasters, and 1,000-50,000
for national broadcasters.
2. Issues of administrative infractions stipulated
in point 1 of this article are reviewed by the Council
within the framework of its competency.
3. Trials regarding administrative infractions
stipulated in Point one of this article, and the
fulfillment of resolutions on the imposition of
administrative penalties in such trials is carried out by
the procedure established by the Russian Federation
Administrative Infraction Code.
4. In the event of non-payment by a broadcaster of
a fine in the period established by Article 285 of the
Russian Federation Administrative Infraction Code, forced
fulfillment of the resolution of the imposition of the
fine is carried out by the procedure established by
federal legislation.
5. The amount of the fine paid by territorial
broadcasters in accordance with this Federal law is paid
into the budget of the administration of the territory of
the Russian Federation on which the broadcaster
broadcasts.
The
amount of the fine paid by regional broadcasters in
accordance with this Federal law is paid in equal parts
into the budgets of the territories of the Russian
Federation on which the broadcaster broadcasts.
The
amount of the fine paid by a national broadcaster in
accordance with this Federal law is paid into the federal
budget.
Part III:
CONCLUSION
Article 9.
On the enactment of this Federal law
This Federal law shall take effect on November 1,
1999.
Article 10.
On the introduction of legal acts in accordance with this
Federal law
Offer the President of the Russian Federation and
instruct the Government of the Russian Federation to
introduce their legal acts in accordance with this
Federal law.
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