Unofficial Translation, as of August 1995 (law prepared by Gosteleradio Tajikistan in May 1994)Law of the Republic of Tajikistan on Television and Radio
PREAMBLE
Television and radio in the Republic of Tajikistan are the most massive means of information, propaganda, and education [most effective forms of mass media]; one of the democratic institutions of society; working instruments of its renovation; a function of the political system; a tool for the expression and formation of public opinion and people's attitudes, for informing, educating, and calling the attention of citizens. They serve the realization of the freedoms of speech and press; of principles and inalienable rights of citizens to receive full, operative, and credible information on questions of societal and government life in the Republic and abroad; and [their rights to] open and free discussion of any significant societal question in domestic or foreign politics, or international law, as guaranteed by the Constitution of the Republic of Tajikistan. Television and radio in the Republic of Tajikistan are required, in every possible way, to: further the consolidation of society; the strengthening of its stability and tranquility; the support of the defense of government [national] interests; the humanization of personal relations; law and order; harmony between nationalities; and are urged to further the strengthening of peace and the formation of equal, civilized relations in society.
Chapter I. General Provisions Article 1. Spheres of Influence of the Present Law The influence of the present Law is spread [applied] to all types of television and radio regardless of departmental affiliation, except for special television systems of an exclusive type (industrial, technical, internal production, educational, service, etc.); radio (amateur broadcasting [ham], sport radio, etc.); and other types of communications acting on the basis of an individual call or used to disseminate information of a special meaning for other goals and assignments, other than those which stand before the organs of television of radio in the thought [context] of this Law.
Article 2. Principles of Activity of Television and Radio
The principles of activity of television and radio are: a close tie with the masses; effectiveness; objectiveness; veracity; credibility; high morality; competence; strict observation of professional ethics; the right of every citizen and organization to the free expression of his points of view and opinions and reproduction of a founded objection or answer; and respect for a person and human values. Interference in the creative activity of television and radio connected with the preparation and dissemination of TV-radio programs, by government organs, social organizations, or citizens, as well as advance censorship of TV-radio programs is not permitted. The use of television and radio agencies for the dissemination of: facts containing government or other secrets specially protected by law; a call for a public overthrow or other change of the existing government and societal organization; war propaganda; violence and cruelness; racial, national, religious exclusion or intolerance; regionalism; pornography; instigation of criminally punishable actions or other violations of law, is not permitted.
Article 3. Legislature on Television and Broadcasting
The activities of television and radio agencies are regulated by the present Law and other legislative acts of the Republic of Tajikistan on television and radio in accordance with it. The goal of legislation on television and radio is the legal regulation of social relations connected with the activities of television and radio agencies in the Republic of Tajikistan in the goal of the realization of the freedoms of speech and press; of the principle of publicity and rights of citizens to receive full, operative, and credible information; open and free discussion of any significant societal question; as well as the support of education and esthetic development of citizens; and the increasing of lawfulness in the realm of television and radio broadcasting.
Article 4. Authority of the Government in the Realm of Television and Radio
The government: exercises direct administration through the organs of state television and radio; determines the general, organizational, economic, and legal foundations in the realm of television and radio; legislatively regulates the organization and activities of State TV-radio of the Republic of Tajikistan in the realm of television and radio, and determines its jurisdiction; supports and implements complex and goal-oriented programs of development for television and radio, creates appropriate funds for their realization (and in that number in foreign currencies); finances organs of State TV-radio from the Republic's budget; determines the bases of legal status of state organs of television and radio, [determines] the mechanisms of defense of their rights and interests protected by law; exercises control over the observation of legislation on television and radio; holds the only scientific-technical politics on the territory of the Republic of Tajikistan, supports government standards in the parameters of television and radio, controls the observation of technical requirements presented to television and radio and created [existing] TV-radio programs; rationally distributes and effectively develops technical means of television, radio broadcasting, and radio installation (of broadcasting), supports the functioning of a single network distributive systems of television and radio; forms communication networks connected with the development of television and radio; forms legal mechanisms of defense of the rights and interests protected by law of TV-radio product consumers (TV viewers and radio listeners); implements government and other authorities in the realm of television and radio, supports the execution of international requirements of the Republic of Tajikistan; organizes and carries forth work connected with the participation in the activities of international organizations on the questions of television and radio.
Article 5. The Goals of Television and Radio Agencies
The goals of television and radio agencies are: the presentation of timely, objective, neutral, and complete information on events in the Republic of Tajikistan and abroad; assistance in the active and interested participation of citizens in societal life, deepening and spread of democracy, publicity, and the spiritual potential of the masses; assistance in the formation of a rule of law government, respect and observation of the laws, development of self-rule of the people, and strengthening friendship amongst the population of the Republic of Tajikistan; support in society of social justice, truthfulness in evaluating movements and events, the principal and brave stating of actual problems, criticism of inadequacies and struggles for their elimination; esthetic and ethical raising [upbringing] of a person on the basis of initiation to spiritual richness of national and world culture, formation and development of creative beginnings and artistic tastes of citizens; support of opportunities with the help of television and radio for citizens to participate in discussions of any important societal problems.
Article 6. System of Television and Radio Agencies
At the foundation of the system of television and radio agencies are placed state organs of television and radio found under the authority of the Government Committee of the Republic of Tajikistan on Television and Radio Broadcasting (State TV-radio). State television and radio carries out its functions independently of political or other social organizations and movements, and serves an objective and neutral coverage of processes taking place in the country. In the system of state television and radio are included State TV-radio, oblast committees on television and radio broadcasting, as well as city and regional television and radio studios, the founders of which are appropriate local Soviets of People's Deputies. State TV-radio of the Republic of Tajikistan carries out its functions in accordance with Article 4 of the present Law, and Provisions authorized by the Council of Ministers of the Republic of Tajikistan. Any acts of oblast or local organs intended to change the legal and material status of the system of the Government 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. State TV-radio exercises control over the observation of legislation and charters of local television and radio agencies, supports the defense of government interests, registers and administers licenses to open TV-radio centers and studios, holds an inventory of the working television and radio [networks] in the Republic of Tajikistan.
Article 7. Departmental, Social, Private, and Other Television and Radio Agencies
Departmental, social, private, and other television and radio agencies created with the goal of spreading [increasing] the opportunities for receiving equal programming in addition to government television and radio broadcasting, are lead [controlled] in their activities by the present Law, their own charters, and also decisions made by founders and the organ registering them within the limits of their jurisdiction. Plans, program[s], and schemes for the development of departmental, private, social, and other types of television and radio on their appropriate territories should be tied into a long run program of development of government television and radio. The implementation by these television and radio agencies [of acts] hindering the reception by the population of programs of state television and radio agencies is prohibited.
Chapter II. Procedure for Creating and Liquidating Television and Radio Agencies Article 8. The Right to Establish Television and Radio Agencies The right to establish television and radio agencies belongs to legal entities, citizens of the Republic of Tajikistan eighteen years of age or older, presenting a charter which is in accordance with the requirements of the present Law, in the presence of guarantees for material-technical and financial support of the activities of the created television and radio agency. The Government Committee of the Republic of Tajikistan on Television and Radio Broadcasting (State TV-radio) on the proposal of the Council of Ministers of the Republic of Tajikistan is established by the Supreme Soviet of the Republic of Tajikistan.
Article 9. Registration of Television and Radio Agencies
Television and radio agencies are entitled to carry out their activities only after their registration. An application [petition] for registration of a television and radio agency is filed at State TV-radio by the founder. The application [petition] is reviewed within one month from the day it is filed. In the application, the following facts must be indicated: about the founder (title, legal and postal address, a pay or other bank account, last name, first name, patronymic, residential address of the citizen); title, requisites or other facts about the symbol (call sign, emblem, station identification, trademark, etc.), and location of the television and radio agency; program concepts of the given television and radio organ language(s) in which broadcasting will be; territory on which it is preferred to disseminate information; the preferred audience; the frequency and volume of broadcasting (production of programs) the type of broadcasting (television, audio, telescript, or other) sources of financing, guarantee of material-technical support of the activities of television and radio agency.
To the application are attached: a copy of the editorial charter and a receipt of payment (admission of payment) of registration costs. The application is left unreviewed if: a. it is not subject to review by the given registration agency (it is not within its jurisdiction); b. it is filed (signed) by a person who does not have the authority to do so; c. it is filed without observing Article 8 of the present Law (doesn't contain information necessary for making a decision) d. doesn't have documents attesting to payment of the registration costs. In eliminating reasons serving as a basis for a decision to leave the application unreviewed, it must be reviewed as is by procedure and in the period of time set forth in the present Law. The decision to leave an application unreviewed is announced in written form within the period of time set forth for registration. This decision can be appealed by the applicant in court. After registration, a certificate giving the right to carry out activities indicated in it [the certificate] is issued to the television and radio agency. In the certificate of registration is indicated information listed in the application about the registration (Article 9), as well as the time period of activity [expiration date] of the evidence. At the same time, the certificate of registration is a license to the right to broadcast. All registered television and radio agencies are located [written, noted] in the National Register of Television and radio agencies following procedures determined by State TV-radio of the Republic of Tajikistan.
Article 10. Rejection in Registering a Television and Radio Agency
Television and radio agencies can be rejected in registering in the following cases: 1. the application was filed by an incapable citizen or enterprise, organization, institute, a non-legal person [entity], or a person convicted of government crimes; 2. earlier issued certificate of registration to the television and radio agency with the same name and intended for the same audience; 3. name or program of the television and radio agency contradicts the proposals of point 3, Article 2 of the present Law; 4. the editorial charter does not envisage that the television and radio agency is a legal person [entity] 5. the application is filed before the period of one year passes from the date a decision to terminate the activities of the given television and radio agency goes into effect; 6. the proposed material-technical support is not in accordance with the requirements of government standards or a government-approved program (scheme) of development for television and radio on the appropriate territory.
Rejection in issuing a certificate of registration is sent to the applicant in written form with the grounds for rejection indicated and with references to the appropriate legislative acts. Rejection in issuing a certificate of registration can be appealed in the course of one month with a more governmental organ or in court at the place of registration of the television and radio agency.
Article 11. Time Period of Evidence about Registration
Evidence about registration is issued for a period of time made known to the applicant, but not for more than five years. During the course of this time period, the evidence is in effect and is subject to return to the issuing governmental organ. The right to begin broadcasting is preserved in the course of one year from the day of receipt of the evidence [of registration]. Within a three day period, [information] about the beginning of activity is announced to the registering organ. In the case that one year passes from the date of receipt of the evidence until the moment the announcement about the beginning of broadcasting is made, the evidence and license are considered to be invalid.
Article 12. Registration Costs
For the issuance of a certificate of registration of a television and radio agency a registration cost is collected according to the procedure and in the amounts set forth by Council of Ministers of the Republic of Tajikistan.
Article 13. Rights and Duties of the Registering Organ
The registering organ (State TV-radio) in charge of questions of television and radio broadcasting is responsible for the observation of principles and execution of goals envisaged by the present Law, by all television and radio agencies not included in its system, except in those cases envisaged by the present Law. The registering organ is entitled to: receive from television and radio agencies, their founders, and officials necessary information on the observation of the acting legislation on television and radio. The indicated information is not subject to divulgence, except for answering questioning in court; hold a service investigation of its activities; in finding signs of wrongdoing [law breaking] in the activities of television and radio agencies, turn to law enforcement agencies, as well as take part in judicial proceedings suspend or interrupt [halt] the activities of a television and radio agency; rule invalid the certificate of registration in the case of a television and radio agency not beginning its activities in the course of one year from the issue of the evidence; recall the certificate of registration in the case of systematic violations of the requirements of the present Law.
Television and radio agencies regardless of departmental affiliation and their officials are bound to present documents, information, and explanations to the organ which registered them, in connection with execution of functions of control.
Article 14. Direction of Television and Radio Agencies
Administration of television and radio agencies is carried out by the founder and the immediate head (director, chief editor, editor, or other official). The founder authorizes the program of a television and radio agency, its charter, presents financial and material-technical support, and suspends or halts its activities. The interrelations between the founder and the television and radio agency are determined in the charter or contract. The jurisdiction and responsibility of the immediate head to delegate authority to coworkers of the television and radio agency, planning, and the disposition [allocation] of property in the use of their authority, are determined by the charter. The head of a television and radio agency uses his activities in the administration of the creative collective on the basis of principles of collegiality in preparing programs and single [individual] administration in making final decisions. In this goal, the television and radio agency can create an editorial (artistic) council (collegium). The makeup and proposal on this council (collegium) is authorized by the founder. The immediate head of a television and radio agency gives permission on the issuance of TV-radio programs and carries responsibility for accordance with the content of the requirements of the present Law. The immediate head of a television and radio agency can be only a citizen of the Republic of Tajikistan.
Article 15. Suspension and Halting of the Activities of a Television and Radio Agency
The activities of a television and radio agency are halted or suspended in cases of violations of rules set forth by the present Law. The suspension or halting of activities of a television and radio agency is decided by those organs which created them, and in cases [of organs created by ] the present Law by the organ which registered them or a court. The halting of the activities of a television and radio agency is a measure preceding the suspension of their activities and can be for up to two years. In the case of circumstances (inadequacies, violations, etc.) giving grounds for the halting of activities of a television and radio agency, within the designated time period, the registering organ or a court makes a decision about the suspension of activities. An organ having made a decision to suspend the activities of a television and radio agency is bound to inform the registering organ about this within three days so that it is noted in the National 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 in the presence of the certificate of registration. Under this, only products for which the TV-radio center, studio, or other technical bases was created are allowed to disseminate [broadcast], the opening of which is in the license issued by set forth [indicated] procedures. The owner of technical means of television and radio or the organization using them does not have the right to present them for use by television and radio agencies, not having a certificate of registration, or not having such evidence but with an indication about the audience, for which the broadcasting is designated (foreign, national, local), which is less than the opportunity the given technical means provides [smaller than the technical means can handle].
Article 17. Licenses to the Right to Use TV-Radio Programs of Different Television and Radio Organs
Television and radio agencies have the right to use TV-radio programs of different television and radio agencies only upon receipt of the appropriate licenses from them. For the issuance of [these] licenses a fee is collected of the amount set by the creator of the TV-radio program. In the case of use of a television and radio organ's program without its license, it has the right to compensation of losses, on grounds of violation of his rights. In the case of an argument, the losses are determined by a court.
Article 18. Appearances [Station Identification]
No less than two times in a twenty-four hour period, and in the case of continuous [twenty-four hour] broadcasting--four times--a television and radio agency must identify its name, information about its symbol (call sign, emblem, etc.), and also other information envisaged by legislation in part about copyrights. Article 19. The Use of Technical Means of Television and Radio
Technical means should accord with technical requirements set forth by State TV-radio of the Republic of Tajikistan. The rights to open [start] activities and to the activities of TV-radio centers, studios, and other technical bases intended for the production of TV-radio production, are validated [registered] by obtaining licenses from State TV-radio according to procedures determined by the Council of Ministers of the Republic of Tajikistan.
Article 20. Distribution of Radio Frequencies and Stations [Bands]
The distribution of radio frequencies (frequency stations [bands]) at which TV- radio broadcasting is done, is produced in accordance with the International Distribution of the Band of Radio Frequencies, the Regulation of Radio Communications of the International Union of Electrocommunications, other decisions of this international union, and the international contracts of the Republic of Tajikistan. The Council of Ministers of the Republic of Tajikistan, through State TV-radio, in leading [directing] the international duties of the Republic of Tajikistan, administers a procedure for the appointment and use of working radio frequencies, radio-electronic means, and high-frequency devices. In deciding the indicated questions, the Council of Ministers of the Republic of Tajikistan supports the representation of the interests of the Republic and the priority of government television and radio.
Article 21. Satellite Television and Radio Broadcasting
Satellite television and radio broadcasting systems develop and are used in the following prioritized goals: distribution [spread] throughout all of the territory of the Republic of Tajikistan and throughout separate regions of government TV-radio programs of national and local meaning for reception by individual receivers; exchange of programs between governments; centralized formation and distribution of programs organization of reception requiring payment (by subscription) of programs in the Republic and abroad, defense from unsanctioned reception and use of these programs; distribution of foreign programs in the Republic of Tajikistan.
The order of implementation of satellite broadcasting is established by international agreements of the Republic of Tajikistan, the Council of Ministers of the Republic of Tajikistan, or organs determined by them. Citizens of the Republic of Tajikistan have the right to receive TV-radio programs relayed from foreign satellites or land-based stations, as well as through the help of different technical means. The distribution of foreign programs in the Republic of Tajikistan is carried out in the order established for external economic activities on the basis of licenses. Article 22. Cable Broadcasting
Cable broadcasting networks are created on the territory of the Republic of Tajikistan, under the auspices of local Soviets of People's Deputies, and in no other way on the basis of their decisions and licenses, issued according to procedures determined by them. The indicated networks are created only under conditions of necessary distribution of all government programs (national, local) and in taking into account the acting plans (general schemes) of development and use of [these] broadcasting networks. In making a decision on the creation of cable broadcasting networks, the local Soviet of People's Deputies has the right to regulate the following questions: quantity, quality, and other characteristics of services presented by the network; the duties of the network and methods of control for their execution; guarantees and benefits presented to the network by the local Soviet; allotment of one channel or specific broadcasting time to the local Soviet; preparation and transmission by the network of a minimal number (volume) of their own programs; allotment [setting aside] of part of profits from the use of the network for the local budget; other questions.
Article 23. Language in Which Broadcasting Is Done
National and local television and radio agencies broadcast in the official language of the Republic of Tajikistan and in different languages. Broadcasting for foreign audiences in the name of the Republic of Tajikistan is done in Tajik and foreign languages.
Article 24. National and Local Governmental TV-Radio Programs
National governmental TV-radio programs are the people's common property and are distributed in the interests of the entire population of the country. Their reception throughout the entire territory of the Republic of Tajikistan cannot be limited. The Soviets of People's Deputies at all levels are bound to support the possibility of their reception, and do not have the right to make decisions about suspension or limitations of their duration or other changes of these programs without the agreement of State TV-radio of the Republic of Tajikistan. The content, volumes, and procedure of distribution of national and oblast governmental TV-radio programs with taking into account the peculiarities of the appropriate region are determined by State TV-radio of the Republic of Tajikistan. National and local governmental television and radio programs should add to and enrich one another....
Article 25. The Presentation of Broadcasting Time to Soviets of People's Deputies and Social Organizations
Television and radio agencies, regardless of departmental ... can present broadcasting time ... to Soviet of People's Deputies ... Rent for air time is validated [agreed upon] by contracts on the conditions of not- for-loss activities of the television and radio agency.
Article 26. The Right to Receive Information
Television and radio agencies have the right to receive information necessary for the execution of their activities from government agencies, social organizations, and their officials. Officials presenting information to television and radio organizations are responsible for its credibility. A refusal to present information is done orally, and on the request of the television and radio organ--in written form. An unfounded refusal to present information or impediment of the execution of professional activities of workers of a television and radio agency, can be appealed to a more organ or a court.
Article 27. Programs of Official Announcements and Other Necessary Information
Television and radio agencies authorized organs of government power and direction are bound to relay [transmit] official announcements. Television and radio agencies are used as a means of notifying the public about very important circumstances and do not have the right to refuse to disseminate the appropriate [such] announcements, and in the case of collective labor disputes, are obligated to support readiness for a program of such announcements disseminated [transmitted] after their appearance. The right to use television and radio in the indicated cases belongs to organs and their officials, in accordance with the appropriate powers in situations of emergency circumstances. Television and radio agencies are obligated to inform [announce], free of charge, about judicial decisions going into effect and containing an order about their publication through the given television and radio agencies.
Article 28. The Use of Governmental Television and Radio by Social Organizations
The use of air time by one or another social union, trend, or group, as well as the conversion of a government TV-radio broadcast into a means of propaganda for extra [unwanted] political viewpoints of its workers is not permitted. Social unions represented in the Supreme Soviet of the Republic of Tajikistan and in Soviets of People's Deputies of various levels have equal right to the use of government television and radio under the auspices of that Soviet under the conditions envisaged by Article 25 of the present Law. During the time of elections, all social unions having at least one candidate for the indicated 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 Programs of Television and Radio Agencies An advertisement should carry an objective nature and be clearly distinguishable form the other parts of a program. Time set aside for advertising in the limits of one concrete hour of programming should not exceed ten percent, and of total daily programming--five percent if the television and radio broadcasting is financed by the government budget. Programming of films and TV movies (excluding miniseries, serials, entertainment shows, and documentaries) under the conditions that their length is greater than 45 minutes, can be interrupted one time for the full 45 minute block of time, if nothing else is envisaged by contracts with the authors and copyright holders. TV-radio journalists are forbidden to receive sums of money for disseminating [transmitting] advertisements as information. Responsibility for the inclusion of advertisements into a program, which by its artistic or technical quality not meeting established requirements, is held by the television and radio agency. Responsibility for the content of advertisements is held by the advertiser. The presentation of room [time] for advertising is carried out by agreed-upon prices.
Article 30. Prohibition and Limits of Advertising Programs
Advertising of tobacco and alcoholic products, medicines available on the territory of the Republic of Tajikistan only by a doctor's prescription, means and methods of medical prophylactics and cures, not having recommendations special for the authorized government health organs is prohibited. Telejournals, issuances, news, documentary films, and children's shows, the length of which is less than 30 minutes cannot be interrupted by advertising. Advertisements of a political nature are not permitted on the day of elections to organs of government power. An advertisement, or appeal to children and youth, should not contain anything in the text which could cause them spiritual, moral, or psychological harm.
Article 31. Sponsorship
A program, prepared with the participation of a sponsor, should be clearly and appropriately identified as such with the help of subtitles or narrative text. Sums to be used up for sponsorship activities are not taxable and are considered equal with money spent on charity [donations].
Article 32. Correspondent Booths
Television and radio agencies have the right to open correspondent booths on the territory of the Republic of Tajikistan, as well as abroad, according to established procedure. Correspondent booths are branches (structural subdivisions of a television and radio agency), and represent its interests.
Article 33. Accreditation Television and radio agencies can accredit their own workers through governmental and social organs, undertakings, and organizations on conditions established by the accrediting organ. The press services (centers, bureau, agency) do not have the right to refuse television and radio agencies accreditation for their workers, if the opening (or existence) of such press services (appointment of persons for contact with the press) was publicly announced.
Article 34. Saving [Storing] of Television and Radio Broadcast Materials
Television and radio agencies are obligated to save [store] text materials of programs for the course of one month after their transmission on the air. After the one month has passed, the materials may be destroyed if a statement of [for] retraction about facts contained in them is not filed. In the opposite case, they can be destroyed only after resolution of the given argument (judicial decision, conclusion of a peaceful settlement in court, etc.). The procedures, time period, and conditions for long-term storage of TV-radio programs representing a large artistic, historical, cultural, or other value, are determined by State TV-radio.
Chapter IV. Rights and Duties of Creators of TV-Radio Programs Article 35. The Rights of Creators of TV-Radio Programs
As foreseen by the present Law, the rights of workers of television and radio do not depend upon their convictions, religious beliefs, political or professional affiliations. Their acceptance to work and transfer is carried out in taking into account professional qualifications. A creative worker [writer] in television and radio has the rights: 1. to search for and without impediment receive information necessary for the preparation of programs; 2. to make film, video, audio, and other copies, as well as shoot photography, except in cases foreseen by law; 3. to be received on his request by officials of government organs and social organizations at all levels; 4. to be present in regions of natural disasters and catastrophes, at meetings, groupings, conventions, conferences, sessions, demonstration, public festivals, other mass attractions; 5. to use a pseudonym in an announcement or in indicating the names of creators of a TV-radio program in titles; to announce the inadmissibility of revealing the secret of his pseudonym except for cases when it is necessary for judicial and investigative organs. 6. to be acquainted with the final version of a show ready for transmission, prepared by using materials collected by them; 7. to remove his responsibility for materials, the content of which was distorted in the editorial process; 8. to use other rights presented to him by the present Law, other laws, and norms of international agreements of the Republic of Tajikistan.
In completing their professional obligations, creative workers [writers] in television and radio have the right to use, under conditions established by the Council of Ministers of the Republic of Tajikistan, benefits and property on business trips, admission to sporting and cultural events, acquisition of apparatus necessary for the execution of their professional activities, as well as receive help (cooperation) from government organs, social organizations, and their officials in cases when the execution of their service obligations demands.
Article 36. Obligations of Creative Workers [Writers] in Television and Radio
A creative worker [writer] in television and radio is obligated to: 1. carry out the program of activities of the television and radio agency for which he works; be ruled by the present Law and the provision on officials; 2. not allow cases of transmission of information besmirching honesty and dignity, or abridging the rights and lawful interests of citizens and governmental and social organizations in TV-radio programs; 3. respect the rights and lawful interests of citizens and organizations; 4. refuse to carry out an order of the television and radio agency which contradicts the law; 5. value the participation of a worker in television and radio; 6. carry out other demands, coming forth from the present Law and charter, or the Provision on Television and Radio Agencies.
The positions contained in the present Article are applied to all workers in television and radio not on the permanent staff. In the case that a telejournalist becomes a candidate for an elected position, he uses equal rights to the use of television and radio as other candidates have. In the case of a credible candidate for Deputy, a telejournalist does not have the right to use his service position in the interests of the candidate being presented by him. Television and radio agencies, as well as their workers are forbidden to receive direct or indirect means from foreign sources for programs pursuing political goals, with the exception of payment stemming from the rights to intellectual ownership.
Article 37. Labor and Author's Rights of Telejournalists
Relations of telejournalists, permanent and non-permanent authors, performers, and other creators of programs, with television and radio agencies are regulated by the present Law, other legislative acts of the Republic of Tajikistan, and are founded on the basis of agreements (contracts), in which the entire aggregate of labor, authorial, and other legal relations is determined. Organizational questions and direction of the creative process of the creation of television and radio programs, are regulated by internal labor rules [of the workplace], collective contracts, qualified descriptions, and other normative acts envisaged by legislation on labor. Article 38. Government System of Preparation and Retraining of Cadres, the Raising of Their Qualifications for Television and Radio Agencies
The preparation of cadres for television and radio agencies is carried out by the appropriate ministries, while retraining and the rasing of their qualifications [is carried out] by State TV-radio.
Article 39. The Rights of Television and Radio Agencies
Copyrights to TV-radio programs created by television and radio agencies are acknowledged as theirs, as well as copyrights obtained through contracts signed by them. Television and radio agencies use the right to allow or forbid: transmission (rebroadcast) of their programs; reproduction, circulation, or sale of copies of their programs made without their approval; a public demonstration of their programs if a fee is charged for this demonstration.
Without taking into account the opinions of television and radio agencies the use of their programs is allowed in the following cases: for the satisfaction of personal consumption [personal viewing]; in the exclusive use for educational, scientific, or informational goals.
Article 40. Obligations of Television and Radio Agencies
Television and radio agencies are obligated to: 1. carry out the requirements envisaged by the present Law, other legislation of the Republic of Tajikistan, program activities and charter authorized by the founder; 2. disseminate [transmit], at a maximum level, objective and accurate information, to impartially present it, and independently express and reproduce differing points of view; 3. not create obstacles to programs and reception of different television and radio agencies and lines of communication; 4. observe the requirements of government standards on technical parameters of TV-radio broadcasting and reception; 5. warn television viewers and radio listeners of the costs of their programs; 6. observe rules of advertising activities and sponsorship established by the present Law; 7. carefully relate to and protect national distinctive qualities and culture of all groups of the population of the Republic of Tajikistan; 8. form [develop] the spiritual culture of society, artistic tastes of citizens, cooperate in the enlightenment and education of the population, and to introduce the richness of world culture; 9. form legal awareness and a legal culture; 10. cooperate in the active and interested participation of citizens in social life, publicity, and democracy; 11. confirm social fairness and democratic principles of a state ruled by law and global human values in the society; 12. maintain secrecy of information on a person presenting information, materials or other data on the condition of anonymity except for cases when it is necessary for a court or investigating bodies; 13. not publish data of preliminary investigation, that became known in carrying out official duties, without written approval from the prosecutor, investigator or person conducting the inquiry; 14. not disseminate, while reporting on court processes, materials violating the presumption of innocence of a person under trial; 15. not publish information on the private life of a citizen without his consent if this information is not publicly necessary. If a court rules that publishing of information on the private life of a citizen is not publicly necessary material, moral damages are compensated in the order established by legislation.
Article 41. Protection of Rights of Television and Radio Agencies - Phonogram Producers
Television and radio agencies--phonogram producers--have the right to allow or forbid direct or indirect reproduction of their phonograms.
Article 42. Procedure for Demonstration of Cinematographic Works by TV Agencies
Demonstration of cinematographic works on TV may take place on the basis of an agreement signed between TV agencies and cinema-video producers who have the copyright.
Chapter V. Protection of Consumers' Rights Article 43. Protection of Rights of Television viewers, Radio Listeners, and Other Consumers of TV-Radio Production
Protection of rights and interests of TV and radio audiences is carried out by the courts and state bodies. TV and radio audiences in the Republic of Tajikistan have the right: to receive reliable and objective information on the activity of state bodies, public associations, officials and citizens, and other publicly significant information through television and radio agencies; to refute information inconsistent with reality or discrediting the honor and dignity of citizens, state bodies, and public associations;
Television and radio agencies have no right: to increase unilaterally the amount of a subscription charge or other fees for services before the term of a contract or subscription expires unless there are approved, centralized changes of tariffs for TV and radio services.
Within an already established zone of sure reception, the conducting of any kind of work or other activity should not worsen conditions of TV-radio reception quality. In case of violation of this requirement, guilty enterprises, organizations, or citizens are to compensate, at their own expense, all expenditures connected with purchasing and assembling of additional devices providing reestablishment of the prior quality of reception of TV and radio programs.
Article 44. Protection of Rights of Minors and Other Categories of Consumers
Programs, which may damage the physical, psychological, or moral development of minors, should not be broadcasted at a time when children and minors may watch them. Advertising programs made for children or applying to children must take into account specific features of their perception. It is forbidden to broadcast information on crimes committed against minor victims and on suicide of such. Television and radio agencies are obligated to take into account interests of different categories of consumers and, in particular, of citizens with physical disabilities (hearing, eyesight and others).
Article 45. Right to Response, Refutation or Own Description of Circumstances of a Case
Television and radio agencies are obligated to give citizens or representatives of organizations, whose interests are mentioned in a broadcasted program, the right to respond, refute, or to describe circumstances of a case by themselves. In the case of broadcasting information discrediting the honor or dignity of citizens or inconsistent with reality, in TV-radio programs, they should be voluntarily refuted within one month after it is requested by persons concerned, by the television and radio agency, which has broadcasted that information. The time for refutation and its content are defined by agreement with persons concerned. Refusal to implement the aforementioned rights may be appealed to court.
Chapter VI. Funding and Material-Technical Support of Television and Radio Agencies Article 46. Funding of TV and Radio
State television and radio agencies, the development and strengthening of their productive material-technical support are fully funded at the expense of the state budget including foreign currency on the basis of the volume of broadcasting. A subscription charge charged to the population (subscribers) is an additional source of funding of state television and radio agencies, and for other television and radio agencies it is the main source of funding as well as means received from: production and broadcasting of advertising materials, publishing of information, video-newspapers, creation of TV-radio programs by demand; activity of commercial channels and of cable, tape, reference and other kinds of TV-radio broadcasting; production, selling and renting of tapes with records of video and audio materials; sale of TV movies, plays, concerts etc.; charity and other public foundations and investments of state bodies, sponsors and individual citizens; other kinds of administrative (including foreign commerce) activity. Funding of a television and radio agency is carried out by the founder or in the order determined by him. TV-radio broadcasting of sessions of the Supreme Soviet of the Republic of Tajikistan, sessions of its committees and commissions, sessions of oblast Soviets of People's Deputies is carried out by state television and radio agencies subject to these Soviets within the amount of money received for such purposes from appropriate budgets. Funding of preparation and broadcasting of materials on trips, visits of state officials inside the country and outside it, and of other most important official events are carried out at the expense of special assignations (including those in foreign currencies) from the state budget. Foreign investments as sources of funding of television and radio agencies are allowed in the order established by legislation of the Republic of Tajikistan.
Article 47. Production and Material-Technical Basis of TV and Radio
The productive and material-technical basis of television and radio agencies to produce TV-radio programs and offer them to customers includes enterprises and organizations (TV centers, radio-TV centers, radio houses, studios, etc.), as well as technical means (TV and radio stations (transmitters)), relay means of communications, satellite and other means of creation, transmission and broadcasting of TV-radio programs. Plans, programs and schemes of development of public, state and other kinds of television and radio must be consistent with the state program on development of TV and radio at appropriate territories. Creation of new TV-radio centers, TV-radio studios, houses of radio-broadcasting and sound-recording, and other technical means of production and broadcasting of state programs of TV and radio of national significance are funded at the expense of centralized investment of capital. Technical means of TV and radio created (acquired, assembled) at the expense of state capital investments cannot be used by non-governmental agencies of TV and radio without the consent of the state television and radio agency, for which this technical equipment was meant. State TV-Radio of the Republic of Tajikistan directly regulates development of state network of television and radio agencies, satellite system, and other technical means of program broadcasting. State technical means of communication, which broadcast only TV-radio programs for the population, are under the authority of enterprises and organizations of State TV-Radio of the Republic of Tajikistan; their task is to transmit created programs to TV and radio audiences (satellite means of communication, radio-relay lines, TV and radio transmitters, etc.). Buildings, premises, equipment and other technical means of TV and radio providing state broadcasting for the population of the Republic and foreign countries on behalf of the Republic of Tajikistan are state property. Necessary technical requirements must be considered in principles of projecting, building and reconstruction of objects (buildings, premises) meant for public events (cultural massive, sport, entertainment, etc.) in order to insure TV-radio broadcasting from such objects (lights, areas to install TV cameras and other equipment, staff, means of communication etc.).
Article 48. Creative-Productive and Administrative Activity of Television and Radio Agencies.
Television and radio agencies carry out the program of a founder by themselves. Funding and material-technical supply and other administrative questions arising between a founder and a television and radio agency are regulated by contracts signed between them. Creative-productive activity of a television and radio agency is carried out according to its charter and the Regulation, and administrative activity is carried out according to legislative acts regulating the administrative activity of enterprises and organizations.
Chapter VII. Responsibility for Violation of Legislation On TV and Radio Article 49. Responsibility for Violation of Legislation on TV and Radio
Founders, television and radio agencies, officials thereof, editors, authors, and others directly participating in the preparation (directors, operators etc.) and broadcasting of programs bear civic legal, administrative, criminal and disciplinary responsibility for violation of legislation on TV and radio. The aforementioned agencies and persons bear responsibility even if the television or radio agency was not registered in appropriate order or if its activity was terminated.
Article 50. Responsibility of Television and Radio Agencies
For violation of requirements of Part 1 of Article 9, Part 2 of Article 11, Articles 16, 17, 18, 21, 22, 27, 29, 31, 34 and 40 of the present Law and other legislative acts regulating the activities of television and radio agencies, as well as for abusing constitutional rights, i.e. freedom of speech and information (Part 3 of Article 2), guilty representatives of a television and radio agency will bear administrative responsibility in the form of the fine, which is three times the minimum salary. For systematic violations in the course of one year envisaged in Part I of the present Article, which vests the mentioned responsibility on a television and radio agency or its official, its activity may be terminated by a founder, the body that registered it, or by a court decision on forfeiture of premises, equipment, materials or without it and with liquidation of right to deal with journalistic activity for the period of up to 5 years or without it. Application of an kind of responsibility (including termination of activity) may be appealed to court. A television and radio agency has the right to seek compensation of damages along with its action to recognize the decision on termination of its activity to be unlawful.
Article 51. Broadcasting of TV and Radio Programs in Grave Violation of Established Requirements
Broadcasting of programs in violation of the decision on termination; by an unregistered television and radio agency; at an unallowed frequency; in violation of other requirements stipulated in the received the certificate of registration; and in violation of rules of advertising, will result in a fine for guilty persons in administrative order, which will be from three to six times more than the minimum salary. For broadcasting of TV-radio programs by an association or enterprise using technical resources of TV and radio in violation of Part 2 of Article 16, Articles 19, 24, Part 4 of Article 40, Article 47 or unlawful termination or limitation of broadcasting time (Article 24) or unfulfillment of the decision on termination of broadcasting, guilty officials will bear administrative responsibility in form of a fine from 2 to 5 times more than the minimum salary.
Article 52. Compensation of Losses and of Moral Damages
Losses and moral damage brought as a result of broadcasting of programs by television and radio agencies, which contain data inconsistent with reality or requirements of Paragraphs 12-15 of Article 40 of the present Law, will be compensated voluntarily in the amount defined by agreement between the television and radio agency and the aggrieved. In the case of impossibility of an agreement, or non-payment of the agreed amount within one month from the time the aggrieved applied to the television and radio agency, the dispute will be considered by a court. In consideration of disputes on compensation of losses or moral damages by a television and radio agency, the court has the right to call the following persons as a co- defendants (i.e. to vest the obligation to compensate part of losses or damage): 1. the author or another person who prepared the program containing information mentioned in Part I of the present Article, except in cases when that person has submitted a written application to the head of the television and radio agency before the program has been broadcasted according to Par.7 of Article 35 of the present Law; 2. a founder or a body of state administration dealing with issues of TV and radio if during the previous year it was sent a private finding of court on unlawful actions of the television and radio agency subject to it; 3. an owner of technical means of TV and radio or organization using them in the case of broadcasting programs in violation of requirements stipulated by Part 2 of Article 16, Articles 19, 24, Part 4 of Article 40 and Article 47 of the present Law.
Article 53. Responsibility for Infringement of Rights and Interests of Television and Radio Agencies Protected by Law
Interference in the activities of a television and radio agency connected with preparation and broadcasting of programs on behalf of state bodies, public associations, which are not its founders, or citizens, as well as violation of requirements stipulated by Part 1 of Article 24, Articles 26, 27, Part 2 of Article 33, and Article 37 of the present Law will impose a fine from 2 to 5 times more than the minimum salary on guilty persons in administrative order.
Article 54. Grounds for Exemption from Responsibility
Television and radio agencies do not have any responsibility for the content of information: broadcasted in the order stipulated by Article 27 of the present Law; earlier published by other mass media if there is a reference to the source of information used; broadcasted directly by participants of a program, who are not representatives of that television and radio agency or for other occasional information directly broadcasted in spite of authors' idea and because of impossibility to prevent its broadcasting by the television and radio agency.
Chapter VIII. International Cooperation in the Field of TV and Radio Article 55. International Cooperation of Television and Radio Agencies
Cooperation of television and radio agencies with foreign partners is carried out on the basis of international contracts of the Republic of Tajikistan and legislation acting in this field. If an international contract of the Republic of Tajikistan stipulates rules different from ones of the present Law, international rules will be used. Foreign economic activity of television and radio agencies is regulated by the Council of Ministers of the Republic of Tajikistan and appropriate international contracts.
Article 56. Rights of Foreign Physical and Legal entities and Persons Without Citizenship
Foreign physical and legal entities and persons without citizenship may found television and radio agencies in the Republic of Tajikistan if it is approved by State TV-Radio of the Republic of Tajikistan in the order established by the Council of Ministers of the Republic of Tajikistan.
Article 57. Order to Form Television and Radio Agencies in Foreign Countries
Television and radio agencies in foreign countries will be formed in the order stipulated by legislation of the Republic of Tajikistan and legislation of the place of their location.
Article 58. Activity of Foreign Television and Radio Agency Representatives
Foreign TV and radio reporters will be accredited by the Ministry of Foreign Affairs of the Republic of Tajikistan. Legal status and professional activity of representatives of foreign television and radio agencies accredited in the Republic of Tajikistan are regulated by the Council of Ministers of the Republic of Tajikistan. Representatives of foreign television and radio agencies not accredited in the Republic of Tajikistan in the established order will carry out their activity as members of foreign legal entities.