DRAFT
(December 10, 2002)
FEDERAL LAW
«ON MASS MEDIA»
ÃËÀÂÀ 1. GENERAL PROVISIONS
Chapter 1. Main Provisions
Article 1. Subject of regulation
Present federal law regulates relations, connected with search, retrieval, receipt and processing of information, foundation of mass media and their dissemination via TV and radio broadcasting, publications and other ways of mass information dissemination.
Article 2. Application of the present federal law
1. Present federal law applies to mass media established in the Russian Federation.
For the mass media, established outside of Russian Federation present federal law can be applied only in part, relating to their distribution on the territory of Russian Federation.
2. Proprietary and nonproprietary relations, connected with foundation, production (composing) and dissemination of mass media will be regulated by the present Federal Law in part, which does not contradict to the Civil Law of Russian Federation.
Article 3. Legislation on the mass media
1. The Legislation of Russian Federation on the mass media consists of the present federal law, and other federal laws and legal acts of Russian Federation drafted in relation to the present federal law.
Provisions on mass media in other federal laws shall not contradict to the present federal law.
3. In case, if the international agreement, concluded by the Russian Federation, provides for the mass media different rules, than what is established by the present federal law, then the rules, provided in the international agreement shall be applied.
Article 4. Basic Notions
For purposes of the present Federal Law:
The mass media shall be understood to mean a periodically renewed and distributed printed or electronic publication, radio-, TV channel, other form of periodical distribution of mass information, having its own name and aimed at unlimited number of people;
The owner of mass media shall be understood to mean a person, who undertakes the initiative and responsibility for production (composition) and distribution of mass media, registered according to the present law;
Printed mass media (periodical printed publication) shall be understood to mean a newspaper, magazine, almanac, bulletin, other product of polygraphic production intended for dissemination of mass information, and having permanent name, current issue number and published not less than once a year;
Printed mass media products shall be understood to mean a circulation or the part of circulation of the individual issue of the periodical printed publication.
The circulation of the printed mass media shall be understood to mean a total number of copies of one issue (number) of printed mass media.
Electronic publication shall be understood to mean a collection of textual, graphical and other visual messages and materials, distributed via global computer network «Internet» and with use of other shall be understood to mean a of electronic distribution (including optical and magneto-optical carriers);
TV-, Radio- channel (in mass media sense) shall be understood to mean all audio-, visual-, audiovisual- messages and materials (programs), announcements, captions and other design materials, advertising materials, distributed in the informational environment of analog or digital type with assistance of technical shall be understood to mean a of broadcasting, cable and satellite TV and Radio broadcasting and/or other shall be understood to mean a;
The national TV-, Radio- channel shall be understood to mean a TV- and Radio- channel, distributed on the territory of sixty and more subjects of the Russian Federation;
Interregional TV-, Radio- channel shall be understood to mean a TV- and Radio- channel, distributed on the territory of two and more subjects of the Russian Federation;
Regional TV- Radio- channel shall be understood to mean a TV- and Radio- channel, distributed in not less than two thirds of the territory of corresponding subject of the Russian Federation;
Municipal TV-, Radio- channel shall be understood to mean a TV- and Radio- channel, distributed on the territory of one or several municipal establishments, which together compile less than two-thirds of the territory of the respective subject of the Russian Federation;
Broadcasting shall be understood to mean all activities related with distribution of TV- and Radio channel in the respective informational environment;
The broadcaster shall be understood to mean a legal or private entity, which conducts distribution of TV- and Radio channel on the basis of the broadcasting license and in accordance with the present federal law;
Informational environment shall be understood to mean a physically limited and/or unlimited space, where TV- and/or Radio channels are being distributed;
Analog informational environment (uni-media environment) shall be understood to mean a physically limited and/or unlimited space, where one main informational flow is present in a single physical signal;
Digital informational environment (multimedia environment) shall be understood to mean a physically limited and/or unlimited space, where several main informational flows are present in a single physical signal;
Multimedia environment operator shall be understood to mean a person, who owns required technical shall be understood to mean a and permissions (licenses), and provides technical access to multimedia environment in the order stipulated by the legislation;
Uni-media environment operator shall be understood to mean a person, who owns required technical shall be understood to mean a and permissions (licenses), and provides technical access to uni-media environment in the order stipulated by the legislation;
Social standard of broadcasting in uni-media environment shall be understood to mean a minimal level of broadcaster’s obligations on distribution of statements, materials and/or other information (including social advertising) required to achieve socially helpful purposes, established according to the requirements of the present federal law.
Publisher of mass media shall be understood to mean a legal or private entity, which produces and distributes printed and/or electronic publication;
Editorial office shall be understood to mean a legal entity (structural department of the legal entity) or the private person, which provides editorial works (services), required for production of mass media;
Chief-in-editor shall be understood to mean a physical entity, at the owner’s discretion and/or through his order attracted by the publisher (broadcaster), editorial office and providing organization of editorial works (services);
Journalist shall be understood to mean a natural person, which, according to the owner’s, publisher’s (broadcaster’s) orders collets, composes, edits or prepares messages and materials, required for production of mass media.
Chapter 2. Freedom of Mass Communication
Article 5. Freedom of Mass Communication
In the Russian Federation:
retrieval, receipt, production and dissemination of mass information,
foundation, production, composing and dissemination of mass media,
production, purchase, storing and use of technical devises, equipment and materials, required for production and dissemination of the mass media,
are not subject to any restrictions, with the exception of those, prescribed by the legislation of Russian Federation on Mass Media.
Article 6. Inadmissibility of Censorship
1. Censorship of mass information, that is, the demand made to the owner, publisher, broadcaster, journalist from the state organs, local administration, organizations, civil and religious associations, political parties and/or their respective officials to agree with them in advance any messages and materials, as well as suppression of the dissemination of messages and materials and separate parts thereof shall not be permitted.
2. Creation and financing of organizations, institutions, organs or offices whose functions include the censorship of mass information shall not be permitted.
Article 7. Inadmissibility of Misuse of the Freedom of Mass Communication
1. It is shall not be permitted to use the mass-media for purposes of committing criminally indictable deeds, for disclosure of the information which make state secret or any other secret specially protected by the law, and also for dissemination of the materials and/or programs, propagandizing pornography, or the cult of violence and cruelty.
2. It shall not be permitted to use mass media for dissemination of extremist materials, as well as the information, which dissemination is prohibited by the law on terrorism.
3. It shall be prohibited to disseminate in mass media information on means, methods of development, production and use, places of trade of narcotics, psychotropic substances and their precursors, to propagate any advantages deriving from use of some narcotics, psychotropic substances, their analogues and precursors, with the exception of advertising of narcotic means and psychotropic substances included in lists II and III in accordance with the Federal Law "On narcotic means and psychotropic substances " - in mass media, targeted for the medical and pharmaceutical workers, as well as any other information, dissemination of which is prohibited by federal laws.
4. It shall be prohibited to use in mass media any hidden inserts, technical methods and means, influencing on the subconsciousness of the people and/or negatively influencing on their health.
Chapter 3. The rights and duties of the journalist
Article 8. The rights of the Journalist
1. The journalist shall have the right:
1) to look for, inquire, receive and spread information;
2) to visit state organs, bodies of local administration, organizations, public and religious associations, political parties and their press services in the order, determined by such organs and organizations;
3) to be received by officials in connection with the inquiry of information;
4) to get access to documents and materials, with the exception of documents and materials or their fragments, containing information comprising a state, commercial or any other secret specially protected by the law;
5) to copy, publish, announce or reproduce by any other method documents and materials subject to the observance of the requirements of the clause 1 of Article 16 of the present federal law and sub-clause 4 of the clause 1 of the present Article;
6) to make recordings with the use of audio- and video-equipment, photography and cine-photography, except for the cases provided for by the present federal law;
7) to visit specially protected places of natural disasters, accidents and catastrophes, mass disorders and mass gatherings, and also localities where a state of emergency is declared; to attend meetings and demonstrations;
8) to express personal judgments and assessments in reports and materials intended for dissemination under own name or the pseudonym;
9) to refuse from dissemination of the message or the material under own name or pseudonym in case if the given messages and materials are against his or her convictions;
10) to remove his or her signature put under the report or material whose content was distorted, in his or her opinion in the process of editorial preparations or to ban the dissemination of the given report or material under his or her name or pseudonym;
11) to spread messages and materials prepared by him or her under own signature, under pseudonym or without any signature.
2. The journalist shall enjoy other rights granted to him by the legislation of the Russian Federation on mass media.
3. The State guarantees to the journalist in connection with his professional activities to protect his honor, dignity, health, life and property as the person, fulfilling his or her public duty.
Article 9. The Duties of the Journalist
1. The journalist shall be obliged:
1) to check the authenticity of the information, which is contained in the materials prepared by him or her;
2) 3. to satisfy the requests of the persons who submitted information concerning the indication of its source, and also the authorization of a cited pronouncement;
3) 4. to preserve the confidential character of information and/or its source except for cases, provided in the Article 16 of the present federal law;
4) to receive the consent (except for cases, when it is necessary to protect public interests) to spread in mass media information about personal life of a private citizen from such citizen or his lawful representatives;
5) to inform private citizens and officials about audio- and video-recording, photography and cinematographic recording while receiving information from these persons and officials, except for cases, provided by the present Federal Law;
6) to inform the owner, publisher (broadcaster), editorial office about possible suits and presentation of other claims envisaged by law in connection with dissemination or message or material prepared by him of her;
7) to decline the assignment given to him or her, if its fulfillment involves the infringement of law;
8) 9. to produce as soon as required the identity card issued by his editorial office or any other document that certifies his identity and rights, when he carries on professional activities.
2. The journalist shall also bear other duties established by the legislation of the Russian Federation on mass media.
3. In his professional activities the journalist shall be obliged to respect the rights, lawful interests, the honor, dignity and business reputation of private citizens and organizations.
Article 10. Accreditation.
1. The owner, publisher, broadcaster, editorial office have the right to file its application with a state organ, local administrative bodies, organizations, public and religious associations, political parties for the accreditation of its journalists with them.
State organs, local administrative bodies, organizations, public and religious associations, political parties shall accredit said journalists provided the editorial offices observe the accreditation rules, established by such organs, organizations, associations.
The refusal to provide the accreditation can be appealed in the court of law.
2. State organs, organizations, institutions which accredited the journalists shall be obliged to notify them in advance about their meetings, conferences and other events, to supply them with verbatim reports, minutes and other documents, and to create favorable conditions for recording.
The accredited journalist shall have the right to attend the meetings, conferences and other events held by the accrediting organs, organizations, and institutions, except for cases when decisions have been taken to hold closed gatherings.
3. The journalist may be deprived of his or her accreditation, if he or she and the editorial office have infringed the accreditation rules or information and documents which denigrate the honor and dignity of the organization that accredited the journalist and which runs counter to the reality, which fact has been confirmed by the court’s decision that has entered into legal force.
Article 11. A Hidden Record
The dissemination of reports and materials prepared with the use of hidden audio- and video-recording, photography and cinematography shall be allowed in the following cases:
1) 1. if this does not infringe the constitutional rights and freedoms of a person and a citizen;
2) 2. if this is necessary to protect public interests and if measures have been taken to prevent a possible identification of outside persons;
3) 3. if the record is demonstrated by decision of a court of law.
Article 12. Inadmissibility of Abusing the Journalist’s Rights
The rights of the journalist stipulated by this Law shall not be used with the purpose of the concealment or falsification of publicly important information, the spread of rumors under the guise of authentic reports, the collection of information in favor of an outside persons or organizations, which are not an owner, publisher (broadcaster) or their authorized body.
It shall be forbidden to use the journalist’s right to spread information with the aim of discrediting a private citizens or particular categories of private citizens exclusively on account of sex, age, race, nationality, language, religion, profession, place of residences and work, and also of political convictions.
Chapter 4. The right to information
Article 13. The right to receive information
1. Through mass media private citizens shall have the right to operative receipt of authentic information about the activities of state organs, local administration bodies, organizations, political parties, public and religious associations and their officials.
2. State organs, local administrative bodies, organizations, public and religious associations, political parties and their officials shall submit information about their activities to mass media in reply to the inquiries of owners, publishers (broadcasters), editorial offices, journalists, and also by holding press conferences, circulating reference and statistical materials and other forms.
Article 14. Information inquiry
The owner, publisher (broadcaster), editorial office and journalist have the right to request information about the activities of state organs, local administration bodies, organizations, public and religious associations, political parties and their officials.
The request for information is possible both in oral and written form.
The heads of the said organs, organizations and associations, their deputies, press service workers or other persons authorized within their terms of reference, or the authorities, whose activities were questioned by the information request, or their representatives shall provide requested information to the requesting person within three days after receipt of the respective information request.
Article 15. Refusal to Submit Information and Delayed Information
1. Refusal to submit requested information is possible if only the latter contains the information comprising state, commercial or any other secret specially protected by the law. A notification about the refusal shall be handed over in writing to the owner, publisher (broadcaster), and editorial office or to the journalist, within three days since the day of the receipt of the inquiry about said information. The notification shall indicate:
1) the reasons why requested information can not be separated from the information comprising a specially law-protected secret;
2) the official who refuses to submit information;
3) the date of decision-taking on the refusal.
2. A delay in submitting requested information is possible, if the required data cannot be presented within three days. A notification about the delay shall be handed over in writing to the owner, publisher (broadcaster) or journalist within three days since the day of receipt of the written inquiry for information.
The notification shall indicate:
1) the reasons why the requested information cannot be presented within three days;
2) the date, when requested information will be presented;
3) the official who fixed the delay;
4) the date of decision-taking on the refusal.
The delay in providing the requested information shall not exceed 20 days.
Article 16. Confidential information
1. The owner, publisher, broadcaster, editorial office or journalist shall not have the right to disclose the information, submitted by a private citizen with the proviso of keeping this information secret.
The owner, publisher, broadcaster, editorial office or journalist shall be obliged to keep the source of information secret and shall not have the right to name the person who has submitted information with the proviso of non-divulgence of his name, except for a case, when the corresponding demand to disclose the source of information came from a court of law in connection with legal case it disposes of.
The source of information shall not be disclosed, if such disclosure can cause harm to the lawful interest of the source of information.
2. The owner, publisher (broadcaster), editorial office or journalist shall not have the right to disclose in distributed reports and materials the information, that directly or indirectly points to the identity of a minor who was considered a victim, or who committed a criminal offence or is suspected in doing it, without permission of the minor and/or his/her legitimate representative.
Article 17. Letters
The letter addressed to an owner, publisher (broadcaster), editorial office, journalist may be used in reports and materials of the given mass-media outlet, unless its meaning is distorted and the provisions of the present federal law are violated.
The owner, publisher (broadcaster), editorial office, journalist are not obliged to answer the letters sent by private citizens and to send this letters to the organs, organizations and officials, which are competent to consider them.
Article 18. Use of mass media messages and materials
In case if messages and/or materials, are published for the first time in one of mass media outlets, other mass media outlets shall provide reference to such mass media, where the material was published for the first time, except for cases where the agreement on use of messages and/or materials stipulates otherwise.
Article 19. The Right of Refutation
A private citizen or organization shall have the right to demand from the editorial office disproof of information that does not correspond to the reality and denigrates their honor and dignity or business reputation and that was spread by the given mass-media outlet.
Article 20. The order of refutation
The refutation shall indicated which information does not correspond to the reality, when and how it was spread by the given mass media outlet.
Refutation published in a periodically printed or electronic publication shall be set up with the same type and featured under the heading “Refutation”, as a rule, in the same place, where the refuted report or material was placed. Over radio and television the refutation shall be transmitted at the same time of the day and, as a rule, in the same program in which the refuted material was transmitted.
The size of refutation may not exceed twice as much the size of the refuted fragment of the report or material.
Article 21. Grounds for the refusal of refutation
The refutation may be refused, if the respective demand or the submitted text of the refutation:
1) represents the abuse of the freedom of mass communication in the sense of clause 1 article 7 of the present federal law;
2) contradicts the court’s decision that has entered into legal force;
3) is anonymous.
The refutation may be denied:
1) if somebody disproves the information that has been disproved in the mass media;
2) if the demand for refutation or the submitted text was received by the owner, publisher (broadcaster) and/or editorial office upon the expiration of six months since the day of the spread of the refuted information by the given mass media outlet.
The refusal of refutation or the infringement of the order established by the present Federal Law may be appealed against with a court of law during one year since the day of the spread of the refuted information in accordance with the civil code and civil procedure legislation of the Russian Federation.
ÃËÀÂÀ 2. ORGANIZATION OF MASS-MEDIA ACTIVITIES
Chapter 1. Owner, publisher (broadcaster), editorial office
Article 22. Mass media owner. Relations between the owner and publisher (broadcaster), editorial office
1. Private or legal entity, public association may be a founder (co-founder) of a mass media outlet.
Russian Federation, subjects of Russian Federation, municipal establishments may be owners of mass media from the name of Russian Federation and municipal establishments on the similar level with other owners in the framework of their competence, stipulated by the documents, specifying status of such organs.
State organs and/or local administrative bodies in the framework of their competence may be an owners of printed mass media outlets, created with the purpose of publishing the legal acts and other documents, which are in the framework of their activities.
The owner of mass media outlet may practice his rights and responsibilities since the moment of registration of mass media outlet.
2. Exclusive owner’s rights towards the registered mass media outlet mean the right to conduct and/or issue permissions to conduct the following actions:
1) use of the name of mass media outlet;
2) production and dissemination (including placement of advertising messages and materials and/or fulfilling the right for placement of advertising) of mass media outlet;
3) suspension of production and dissemination of the mass media outlet;
4) discontinuation of production and dissemination of the mass media outlet.
3. The owner of the mass media may fulfill functions of the editor (broadcaster) and/or editorial office.
In case, if the mass media has several owners, their mutual rights and responsibilities, including in relation to creation, production (composing) and dissemination of the mass media, and also related with registration of mass media outlets, and the order of fulfilling the rights of the mass media owners, are defined by the agreements between them.
The specified agreements between co-owners may also regulate the issues, related with the order of fulfilling the functions of the publisher (broadcaster), and also with the order of providing the services, including editorial ones.
4. The owner, who is also a publisher (broadcaster), has the right to conclude an agreement with legal or private entity for provision of the editorial services (hereinafter referred to as: the agreement with the editorial office), and also the agreements on provision of other services (execution of works), related with production and dissemination of the mass media.
Editorial office has the right to fulfill functions of the editorial office of other mass media outlet upon permission of the owner (co-owners), unless otherwise is provided in the agreement with the editorial office.
5. The owner (owners) have the right to conclude the agreement with the private or legal entity on fulfilling of the publisher’s (broadcaster’s) functions (hereinafter referred to as: the agreement with the publisher (broadcaster).
The agreement, concluded between the owner (owners) of the mass media and the publisher (broadcaster) shall have provisions on the order of fulfillment of every right to use mass-media by the owner (co-owner) and the publisher (broadcaster), stipulated in the clause 2 of the present article.
If other is not provided in the agreement with the owner (owners), publisher (broadcaster) has the right to conclude the agreement with legal or private entity for provision of the editorial services (hereinafter referred to as: agreement with the editorial office), and the agreements about provision of other services (execution of works), related with production and dissemination of mass media.
6. In case if the agreement with the editorial office will be concluded according to the clause 4 and 5 of the present article, the provisions of the present federal law related with inquiry, request and receipt of the information by the owner and publisher (broadcaster) will be applied to the editorial office, as well as provisions of the part 4 chapter 1 of the present federal law.
7. The rights of the owner towards mass media may be subject of any transactions, not prohibited by the law in relation to the objects of civil rights.
If otherwise is not specified by the agreement between the co-owners, co-owner may transfer his rights in relation to mass media outlet to another person without the agreement of other co-owners.
The rights of the owner to the mass media outlet may be transferred to new owner only in full volume.
New owner acquires the rights for the mass media and bears the responsibilities from the moment of re-registration of mass media outlet according to the present Law.
Unless otherwise is provided by the agreement between the co-owners, co-owner may leave the association of the co-owners of the mass media, without the agreement of other ñî-owners. The conditions and order of leaving from the co-owners association for the co-owner are determined by the agreement between ñî-owners.
Article 23. Limitations, related with owning TV channels and organizations conducting TV broadcasting.
1. A foreign citizen, person without any citizenship and a citizen of Russian Federation, which also has a citizenship in a foreign country, a foreign legal entity, as well as Russian legal entity with foreign participation, the share (investment) of foreign participation in the charter (joint) capital of which makes 50 per cent and more, have no right to act as owners or TV channels, they also have no right to establish organizations, which conduct TV broadcasting, with primary coverage area covering half and more of the subjects of the Russian Federation or the territory, where a half or more of the population of the Russian Federation lives.
2. It is not permitted to alienate shares (participation) from the organizations - TV channel owners, as well as from the organizations, which conduct TV broadcasting, with primary coverage area covering half and more of the subjects of the Russian Federation or the territory, where a half or more of the population of the Russian Federation lives, if this leads to foreign participation share in their charter (joint) capital equal to or exceeding 50 percent.
Article 24. Limitations related with financing of production facilities and dissemination of periodical mass media and the activities of the owner and/or publisher of the periodical printed publication at the expense of the State budget.
In Russian Federation it is not permitted to conduct financing at the expense of federal budget, budgets of subjects of the Russian Federation, budgets of territorial state non-budget foundations, local budgets, as well as budget funds-in-trust for the production and dissemination of periodical publications, as well as the activities of the owner and/or publisher of the periodical printed publication, except for cases, when such financing is being conducted:
- in respect of periodical printed publications, which are the official sources for publishing federal laws, and laws of the subjects of Russian Federation, other statutory documents;
- in respect of periodical printed publications, created by the state bodies and local administration bodies for the purposes of publishing the statutory documents of the specified bodies, as well as the documents and materials, having relation to the sphere of their activities;
- in respect of periodical publications meant exclusively for children, invalids and other socially unprotected population groups, or the publishers, which are exclusively involved in production and distribution of periodically printed publications, specified in the present paragraph;
- according to the legislation of the Russian Federation about state support of regional (municipal) newspapers;
- in respect of news agencies.
Chapter 2. Registration of mass media outlets
Article 25. The order of registration of mass media outlets
1. Mass media can be considered founded from the moment of its registration, unless otherwise is provided for by the present federal law.
The activities related with production and dissemination of mass media may be conducted only after its registration, unless otherwise is provided for by the present federal law.
2. The registration of mass media shall be conducted by the federal executive body, which works in the area of mass information and its territorial bodies in the order, determined by the Government of Russian Federation.
Article 26. The application for the registration
1. The application for the registration shall indicate:
1) information about the applicant (applicants): the name and legal form of the legal entity, address of its location - for the legal entity; full name, place of residence, the information about the identification document - for the private entity;
2) the name of the mass media outlet;
3) language (languages);
4) the form of the mass media outlet;
5) the main subjects and/or specialization;
6) assumed circulation;
7) information about what other mass media outlets are owned, published (broadcasted) by the applicant.
2. The name of the mass media outlet is accepted as the mean of individualization for the mass media outlet.
The name of the mass media outlet shall be indicated in the state language of the Russian Federation and can be indicated in the languages of the nations located on the territory of Russian Federation, as well as in other languages.
The name of the mass media outlet shall not contain:
1) names of the international organizations, in which the Russian Federation is a member, state bodies of the Russian Federation, public organizations, political parties without the agreement of the specified bodies and organizations;
2) abusive words and phrases, comprised with their usage.
The use in the manes of mass media outlets of the names "Russia", "Russian Federation" and phrases containing this words shall be conducted in the order, determined by the Government of the Russian Federation, except for cases, when such names as well as words and phrases containing them are used in accordance with the laws of Russian Federation, acts of the President of the Russian Federation and the Government of the Russian Federation.
Names and pseudonyms of well-known people and the derivatives from such names and pseudonyms used in words and phrases can be used in the names of mass media outlets only upon the agreement of specified people or their heirs.
3. With the application one shall enclose the document, which certifies the payment of the registration fee, as well as copies of statutory documents and a copy of the document about state registration as a legal entity (with presentation of the originals in cases, if the copies are not notarized) - for the legal entities, acting as applicants; copies of the state registration certificates for the citizen who is a private entrepreneur (with presentation of the originals in cases, if the copies are not notarized) - for the individual entrepreneur, acting as the applicant; a copy of the identification document, - for the private person, acting as applicant.
In case if there are several applicants for a mass media outlet, they have to attach to the application an agreement concluded between these applicants, which is provided by the clause 3, article 22 of the present federal law.
4. It is prohibited to present other requirements for the registration of mass media outlets.
5. The applicant shall be presented with notification about acceptance of his application with indication of the date of receipt. The registration certificate for the mass media outlet or the decision about rejection to register shall be issued (sent) to the applicant within one month since the date of application receipt.
6. The copies of the agreements provided by the clauses 4 and 5, article 22 of the present federal law, certified respectively by the owner, publisher (broadcaster), shall be sent to the registering body not later than one month from the moment of conclusion of the agreement. At the same time, the person sending the agreement has the right to exclude the information, contained in the agreement and comprising the commercial secret.
7. From the moment of registration of the mass media outlet the applicant (applicants) becomes the owner (owners) of such mass media outlet.
Article 27. Release from Registration
No registration is required for the periodical printed publications with the circulation of one issue (publication) of less than one thousand copies.
The owners, publishers, editorial offices of such mass media shall have the relevant status, established by the present federal law, which will be applied to them from the moment of the beginning of production and dissemination activities of such mass media.
Article 28. Refusal of registration
1. The refusal to register a mass media outlet is possible on the following grounds alone:
1) if the application does not contain all the information, listed in the clause 1, article 25, or this information is incomplete, or does not correspond to the reality;
2) if the name, subjects and/or specialization of the mass media present an abuse of the freedom of mass communication in terms of the clause 1 of article 7 of the present federal law;
3) if the name of the mass media outlet submitted for registration is similar or has the likeness to the degree of blending with the name of previously registered mass media of similar form of periodical dissemination in the Russian Federation,
4) if the name of the mass media outlet contains words «Russia», «Russian Federation» and other words and phrases containing them and the order of receiving of the permission for its use, determined by the Government of Russian Federation was not kept;
5) on other grounds, provided by the present Federal Law.
2. Notification about refusal in registration shall be sent to the applicant in the written form with indication of the grounds for such a refusal, provided by the present Federal Law.
The refusal to register may be appealed against in the court of law.
3. The application about registration of mass media outlet may be returned to the applicant without being reviewed, with indication of the grounds for such a return:
1) if the application was submitted with violation of the requirements of the clause 2 article 25 of the present federal law;
2) if the application, from the name of the applicant was submitted by unauthorized person;
3) if the registration fee was not paid.
After removing of all violations the application will be accepted for processing.
Article 29. Re-registration and notification
1. In case if there will be replacement of a founder, the change of co-founders, and alteration of the name, including on the basis of the court decision prohibiting the use of other names in the trade name of the mass media without permission of legal owners of such names, change of language or the form of mass media outlet, the mass media outlet shall be re-registered.
Re-registration of mass media shall be conducted in the order, provided by the present federal law about registration of mass media.
2. In case if there will be changes in location of the owner (co-owners) or in the name of the owner (co-owners), or in the periodicity of mass media issue the owner shall inform registering body about such changes within one month after such change appears.
3. In case if there will be changes and/or amendments to the agreements, presented to the registering body according to the clause 6 article 26 of the present federal law, respective changes (amendments) shall be presented to the registering body within one month from the moment when such changes are applied.
Article 30. The Registration Fee
A registration fee shall be collected for the issue of a registration certificate in the order and amounts defined by the Government of the Russian Federation. A higher registration fee shall be established for mass media specializing in the issue of communications of advertising and erotic character, while a reduced registration fee shall be introduced for mass media specializing in the issue of communications and materials intended for children, adolescents and disabled persons and used for educational, cultural and enlightening purposes.
In case of a refusal of registration and equally of a refusal to undergo registration the applicant shall have the right to refund the registration fee during three months beginning with the date of receipt of a registration application indicated in the notification.
Article 31. The authorities of the registering body in the area of control over fulfillment of the present federal law by the owner of mass media
1. The registering body conducts control over fulfillment of provisions of the present federal law by the owner of mass media.
2. In case if any provisions of the present federal law will be violated by the owner of mass media registering body has the right to issue an order forcing to eliminate such violations.
The order of the registering body are shall be fulfilled by the owner without fail.
In case if the owner will not fulfill the order of the registering body during one month after its issue, registering body shall have the right to issue second order to eliminate the violations, that were not taken care of. In case if the owner of mass media will not fulfill such second order, registering body has the right to appeal to the court of law with the request to annul the registration certificate within six months from the moment of expiration of the terms, stipulated for elimination of discovered violations.
3. In case if the registering body will discover that the owner has violated provisions of the article 7 of the present federal law it has the right to issue a warning.
4. Orders and warnings issued by the registering body shall be made in writing.
5. Orders and warnings can be appealed against in a court of law.
6. Registering body at any time has the right to make a decision about discontinuation of the actions provided by the order or warning.
Article 32. Annulling and suspension of the mass media registration certificate
1. Mass media registration certificate shall be annulled by the registering body:
Upon the request of the mass media owner about annulling of the registration certificate;
In case of annulling of the mass media registration certificate according to the present sub-clause the owner shall present agreement of all the co-owners (if there are any) for the annulling of the mass media registration certificate, as well as proof of postage of the notification to the publisher (broadcaster) about submission of the request about annulling of the mass media registration certificate. In case, if the right to discontinue production and dissemination of the mass media is transferred to the publisher (broadcaster), owner along with the documents, specified in the present paragraph, the agreement of the publisher (broadcaster) for annulling of the mass media registration certificate shall be presented;
if the owners - are a legal body, public or the religious association, state body and are liquidated and there is no persons, who can inherit their rights and responsibilities towards the mass media outlet.
3) upon court’s decision.
2. Mass media registration certificate can be annulled by the registering body upon court’s decision, made on the appeal made by the registering body in the following cases:
1) if a registration certificate has been obtained by fraud;
2) if the mass media outlet is not issued for more than two years;
3) if the owner has not fulfilled requirements of the secondary order made by the registering body about elimination of violations of the present federal law;
4) if there are multiple acting (non expired) warnings made by the registering body, issued to the owner in accordance with the present federal law.
Registering body has the right to appeal to the court of law with the request to annul the mass media registration certificate during six months from the date of issuing of a second order in the period of one year. After expiration of this period, the registering body shall have no right to require the annulling of the mass media registration certificate.
The orders and warnings for which there are no court decisions, which have entered in force, and which were appealed against in the court of law may not be considered.
After the expiration of one year from the date of issue of the warning it may be considered void (became invalid) in connection with expiration of the term of its validity and cannot be the basis for the annulling of the mass media registration certificate.
3. Simultaneously with submission of the appeal to the court of law about annulling of the mass media registration certificate the registering body shall have the right to present a request about temporary suspension of the production and dissemination of the mass media, if there is no other ways to provide observance by the owner of the provisions of the present federal law, for violation of which registering body has issued warnings.
4. Production and dissemination of mass media may be suspended upon decision of the registering body in case of non-observance by the mass media owner of the requirements of the clause 2 article 7 of the present federal law.
Article 33. State register of mass media
1. In Russian Federation there is a state register, which contains information about registration of mass media outlets and all the respective documentation.
2. The state register keeping is conducted by the federal executive body, which specializes in the area of mass communications in order, determined by the Government of the Russian Federation.
ÃËÀÂÀ 3. DISSEMINATION OF MASS INFORMATION
Chapter 1. General provisions
Article 34. The order of dissemination
Private citizens, officials, public associations, state agencies, and bodies of local administration shall not be allowed to prevent the lawful dissemination of mass communication products.
Article 35. Obligatory information
1. The broadcaster or the publisher shall publish, free of charge and in specified period of time the court decision, which has entered in power, and contains requirement to be published through the given mass media outlet.
The social advertising, which is the part of social standard, shall be disseminated by the broadcaster free of charge and in the order, determined by the licensing body.
2. The state mass media shall disseminate messages and materials of the federal executive bodies, which represent state authorities and the organs of state authority in the subjects of Russian Federation in the order, determined by the federal law «About the order of coverage of the activities of state bodies in state mass media ».
The state mass media outlets shall, without hesitation and free of charge publish (broadcast) operative information on the issues of fire safety upon the requirement from the state fire fighting service of the Ministry of Russian Federation on civil defense, force-majeure and liquidation of consequences of natural disasters.
Article 36. Advertising and erotic mass media
1. Mass media can be considered to be an advertising media in case if the volumes of advertising materials published there or the total time of broadcasted advertising exceeds the limits, specified by the legislation of the Russian Federation on advertising for the mass media not specializing on dissemination of advertising materials.
Periodical publication cannot be considered to be an advertising media only on the basis of the fact that it is being distributed free of charge.
2. A mass media outlet specializing in erotic reports and materials shall be understood to mean for purposes of the present Federal Law a periodical and/or electronic publication or a TV, Radio channel, or any other mass media outlet which in general and systematically exploits public interest in sex.
The distribution of the issues of specialized radio and TV erotic programs without signal coding shall be allowed only from 23 hours p.m. to 4 hours a.m., local time, unless otherwise stipulated by the local administration.
The retail sale of the products of mass media specializing in erotic reports and materials shall be allowed only in sealed transport packages and in specially designed premises, the location of which is determined by the local administration.
State legislation may provide benefits for production and dissemination of mass media, which is not of advertising and erotic character.
Chapter 2. Dissemination of the printed mass media products
Article 37. Features of the legal status of the printed mass media owner
1. Owner transfers all production and dissemination rights for printed mass media to the publisher, unless otherwise is provided in the agreement between them. Publisher bears the responsibility of conformance of the production and dissemination of printed mass media to the requirements of the present federal law from the date of conclusion of the agreement. Conclusion of the agreement with the publisher does not release the owner from the responsibility, in the order stipulated by the article 7 of the present federal law.
2. The agreement concluded between the owner and publisher, besides the conditions, stipulated by the clause 5 article 22 shall also have provisions on following:
- rights of the publisher in case of change of the owner;
- conditions and the order of rescinding of the agreement, including, in case of change of the owner;
- order of suspension and discontinuation of issue of the printed mass media.
The agreement may also have other provisions.
In case of change of the owner, the new owner shall have no right to break an agreement with the publisher before expiration of the period of its validity, unless otherwise is provided in the agreement. The new owner has the right to break an agreement with the publisher, which was concluded for an indefinite period of time only on the basis and in the order, stipulated by such an agreement.
3. After the conclusion of an agreement with the publisher the right of an owner to discontinue or suspend issuing of the printed mass media during the period of the agreement’s validity is limited by provisions of the present federal law and conditions of the agreement with the publisher.
Article 38. The peculiarities of a legal status of the publisher of mass media.
1. Publisher of the periodical publication conducts production and dissemination of the periodical publication on his own, or with the assistance of the third parties on the basis of corresponding agreements, including provision of editorial and other services.
2. Publisher of the periodical publication:
- makes the decision on the order and methods of production and dissemination of printed mass media, according to an agreement with the owner of the given mass media;
- determines the circulation of the periodical publication;
- has the property right as well as other rights for the products of the given printed mass media;
- has other rights and bears responsibilities, specified by the present Federal Law.
3. Conclusion of the agreements with the third parties by the publisher for conducting works (services) on production of the periodical publication does not imply the transfer of the rights and responsibilities of publisher to the latest according to the present Federal Law, unless otherwise is provided by the agreement between them.
Article 39. The editorial office of the periodical publication
Fulfillment of all or part of the editorial works (services) required for production of printed mass media, may be laid upon the editorial office of the given mass media according to the provisions of the present federal law.
Article 40. Publisher’s imprint for the printed mass media
1. Every issue of printed mass media shall contain the following information:
the name of the publication;
number of the registration certificate of the mass media and the name of the body, which has registered the publication;
the name and location of the owner - for legal entities; full name of the owner - for the private persons;
the name and location of the publisher - for legal entities; full name of the publisher - for the private persons;
serial number of the issue and the date of its signing for press;
total circulation;
price, or the note "free market price" or "Free of charge";
the name and address of the printing house
2. Publisher has the right to specify other information in the list of publisher’s imprint in the periodical publication registered by him.
Article 41. Deposit copies
1. Delivery of the obligatory deposit copies of periodical publications shall be conducted in the order, determined by the federal law «About the obligatory deposit copies ».
2. Authorized federal executive body specializing in the area of mass media has the right to oblige the publisher to send paid copies to other institutions and organizations.
Article 42. The order of dissemination
1. Publisher is free in choosing the method of dissemination of printed mass media products.
2. The dissemination of mass communication products shall be deemed to be commercial, if payments are made for them. Products designed for non-profit dissemination shall have the note “free of charge” and may not be an object of commercial circulation.
3. Forced requisitioning or destruction of the circulation or the part thereof is allowed only on the basis of the court’s decision that has come into force.
Article 43. Electronic version of printed mass media
1. Electronic version of printed mass media is one of the methods of dissemination of printed mass media.
2. Publisher of printed mass media has the right to disseminate the electronic version of printed mass media on magnetic, optical and/or magneto-optical carriers and in electronic version (including via global computer network "Internet") without registering the electronic version as individual mass media outlet with the condition of identity of the content of printed and electronic versions of the respective mass media outlet.
It will not be considered as violation of identity of the content if in the electronic version one will remove and/or change fully or partially advertising materials, contained in the printed version of printed mass media, as well as reduction of the volume of the materials, presented in the electronic version, if compared with the printed version.
3. Publisher of printed mass media shall notify the authorized state executive body specializing in the area of mass media on distribution of electronic version of printed mass media.
In case if the requirements of the present clause will not be fulfilled publisher will be deprived of the rights, provided by the clause 5 of the present article.
4. The rights for the name of printed mass media can be applied to its electronic version.
5. The authorized state executive body specializing in the area of mass communications has no rights to conduct registration of mass media outlets, disseminated via global computer network "Internet", with the name, which is similar to the name of previously registered printed mass media.
Publisher has the right to require annulling of the registration certificate for the mass media, issued by the certified state body specializing in the area of mass communication with violation of the requirements, stipulated by the present clause.
Chapter 3. Distribution of TV and Radio channels
Article 44. Licenses for broadcasting
1. The right for activities on use of informational environment for TV and radio broadcasting (including broadcasting of additional information) becomes valid from the moment of issue of the broadcasting license.
The Federal Executive body specializing in the area of mass media shall issue broadcasting licenses.
Licensing order shall be determined by the Government of the Russian Federation with consideration of provisions of the present federal law.
2. Licensing of the ground based broadcasting in the analog informational environments shall be conducted on the competitive basis, unless otherwise is provided by the normative and legislative documents issued by the President of the Russian Federation and the Government of the Russian Federation.
3. The license for broadcasting, conducted in the analog informational environment gives to its holder a right to use the specific frequency, on the basis of licensing conditions, in a particular uni-media environment for dissemination of TV and/or radio channels for the territory specified in the license.
The license for broadcasting, in the digital informational environment, shall give to its holder the right, on the basis of conforming to licensing conditions, to use the resources of digital informational environment fro distribution of TV and radio channels according to the territorial influence of the license.
The right to use, provided by the present clause, shall be observed by the broadcaster on his own accord in case, if he also plays the function of a communication operator, or, on the basis of corresponding agreements with the communication operator (operators) in case, if the broadcaster is not a communications operator.
4. The license for broadcasting, conducted in the digital informational environment, shall indicate territorial influence of the license:
license for broadcasting on the territory of the respective territorial municipal establishment;
license for broadcasting on the territory of the respective subject of the Russian Federation;
license for broadcasting on the territory of several specific subjects of the Russian Federation, determined by the license;
License for broadcasting on the territory of the Russian Federation;
License for broadcasting on the territory of the Russian Federation and foreign countries.
Broadcasting in the multimedia environment outside of the territorial influence of the license (broadcasting with violation of the level of the issued license) is prohibited.
5. If there is no technical possibility of broadcasting with stated characteristics or with those related to them, the broadcasting license shall not be issued.
The broadcasting license may be denied on the grounds provided for by the competition terms, if applications are considered on a contest basis.
6. The rights and responsibilities of the broadcaster may be reassigned to the third parties. Reassignment of the rights and responsibilities of the broadcaster shall be conducted only in the full volume. Reassignment of the rights and responsibilities of the broadcaster according to the provisions of the present article leads to the repeated drawing up of a license according to the article 48 of the present federal law.
7. Size and the order of charging of the fees for the broadcasting license, re drawing up of the license, and the order for determination of the competitive collections during provision of the broadcasting rights on the basis of contest shall be determined by the Government of the Russian Federation.
8. Receipt of the broadcasting license leads to conclusion of the agreement for provision of the communication services for distribution of the TV and/or radio channels with the respective communications operator.
9. TV and/or radio broadcaster of a special social importance has the privilege rights for making the agreement with the owner (operator) of the informational environment about distribution of this programming on the grounds, determined for distribution of TV and/or radio channels of special social importance.
Distribution of television and/or radio channel of special social importance shall be conducted on the basis of priority of technical broadcasting characteristics of such a channel (the range of distribution, capacity of transmitting device, etc.).
The Government of the Russian Federation shall determine the list of television and radio channels of special social importance and the conditions for their distribution.
10. Social standard for the broadcasting in uni-media environment shall be determined by the federal executive body specializing in the area of mass communications, and in case if the license will be received on the contest basis - by Federal contest commission on TV and Radio broadcasting.
Article 45. The Federal Contest Commission on Television and Radio Broadcasting
1. The Federal contest commission on Television and Radio broadcasting shall be established with the federal executive body specializing in the area of mass communications with the purpose of provision of rational use for the television and radio broadcasting on a limited number of frequencies and assistance for the development of competition in the sphere of television and radio broadcasting, as well as conformance of television and radio broadcasting to the social requirements.
2. The order of formation and activities of the Federal contest commission on television and radio broadcasting shall be determined by the Government of the Russian Federation.
Article 46. Period of validity of a license
1. The period of validity of a broadcasting license shall make ten years.
2. Upon expiration of the term of validity of a broadcasting license it shall be automatically prolonged by the authority, that has issued it for the next ten years period, except for cases, when the broadcaster has multiple and valid warnings issued by the licensing body (which have not lost their validity) according to the clause 3 article 49 of the present federal law.
The denial to prolong the validity term of the license can be appealed against in the court of law.
Article 47. the form of licensing for broadcasting
1. The form of license for broadcasting shall be determined by the Government of the Russian Federation.
2. The broadcasting license shall contain:
the name of the licensing body;
the name and specification of the legal-organizational form of the broadcaster;
social standard - for the license for broadcasting in uni-media environment;
the list of television and radio channels of special social importance - for the broadcasting license in multimedia environment;
the parameters of the informational environment;
the number of a license;
the date, when the license was issued and the date of the beginning of the broadcasting (in uni-media environment - the date of a beginning of the broadcasting with consideration of the social standard, in multimedia environment - the date of a beginning of the broadcasting of television and radio channels of a special social importance);
the term of validity of a license;
for uni-media broadcasting license - territory of license validity with specification of the list of settlements, capacities of the transmitters and numbers of the frequency channels;
10) for multimedia broadcasting license - territorial level of a license.
Article 48. Re issuance of a broadcasting license
1. The broadcasting license shall be re issued without any changes in the terms of its validity in the following cases:
1) reorganization of the license holder;
2) resubmission of the rights and responsibilities of a broadcaster in the order, specified by the clause 6 article 44 of the present federal law;
3) change of location and name of the license holder;
4) for the uni-media broadcasting license - changes of data about radio frequency channel, which is used for the broadcasting; significant increase of the territory, covered by the broadcasting, reduction of the level of social importance;
5) for the multimedia broadcasting license - changes in the territorial level of the license;
6) reduction of the level of social importance.
2. In case if the broadcasting license will be received on the basis of contest, the holder of the license (broadcaster) has the right to reduce the level of social standard only upon the agreement from the side of the Federal contest commission on television and radio broadcasting.
Article 49. Authorities of a licensing body in the area of control over the fulfillment of the conditions provided in the license
1. Licensing body has the right to conduct control over fulfillment of the license conditions by the broadcaster.
2. In case if the broadcaster will violate the provisions of the present federal law licensing body has the right to make an order on elimination of such violations.
It is obligatory for the broadcaster to fulfill the orders issued by a licensing body.
In case if the order made by the licensing body, will not be fulfilled by the broadcaster within period determined by the licensing body, licensing body has the right to make repeated order about elimination of said violations. In case, if the broadcaster will not fulfill the second order, the licensing body has the right, within six months from the end of the term established for elimination of the violations, stipulated by the second order, to appeal to the court of law with the requirement to annul the broadcasting license.
3. In case if the broadcaster will violate the provisions of the clause 2 article 7 of the present federal law, violate the conditions stipulated in the license about the broadcasting territory or reduction of the level of social standard, distribution of television and radio channels of a special social importance the licensing body has the right to make a warning.
4. The orders and warnings made by the licensing body shall be made in writing.
5. The orders and warnings may be appealed against in the court of law.
6. Licensing body, at any time has the right to make the decision about discontinuation of the order of the warning.
Article 50. Cancellation and suspension of a license.
1. The license shall be cancelled by the licensing body in the following cases:
1) upon the application of the license holder about its cancellation;
2) end of the term of validity of a license, if the license can not be prolonged in accordance with the present federal law;
3) if the license holder - legal entity, public or the religious association, state body are liquidated and there are no people, to whom the rights and responsibilities on the license may be transferred;
2. License can be cancelled by the court of law only on the basis of the application from the issuing body only in following cases:
if it was received by fraud;
2) if the broadcaster does not use the informational environment for more than six months;
3) if the broadcaster have not fulfilled the requirements of the secondary order, issued by the licensing body about elimination of the violations of the present federal law, issued according to the clause 2 article 49 of the present federal law;
4) if there are many acting warnings (which have not lost their validity) made by the licensing body against the owner in accordance with the present federal law.
The orders and warnings which have been appealed against in the court of law, and there are no valid legal acts issued about them - may not be considered.
The licensing body has the right to turn to the court of law with the plea to cancel the license during six months from the moment of the previous acting warning (the one, which have not lost its validity). After expiration of this term the licensing body has no right to require the cancellation of the license.
After twelve months from the moment of issue of the warning, it may be considered to be removed (lost its validity) in connection with the termination of the term of its validity and can not be the basis for cancellation of the broadcasting license, except for cases, when during validity of a warning another warning was issued. In such a case the warning is considered to be valid until the end of the term for the submission of the appeal about cancellation of the broadcasting license, specified by the previous paragraph.
In case of the warning appeal will be accepted by the court of law and this warning will be considered to be justified and lawful, such warning will be valid and can be a basis for denial in license prolongation, however it cannot be a basis for cancellation of a license after expiration of the terms, specified in the previous paragraph.
3. The action of a license can be suspended by the court of law upon the petition of a licensing body, if there are no other ways to provide fulfillment of provisions of the present federal law by the broadcaster, for violation of which licensing body has issued warnings mentioned above.
4. The action of a license may be suspended upon the decision of a licensing body in case if a licensing body will discover violations of requirements of the clause 2 article 7 of the present federal law by the broadcaster.
5. When a license has been cancelled, the payment for it shall not be returned.
Article 51. Radio and Television Jamming
The creation of jamming that prevents the sure reception of radio and TV channels, that is, the spread of radio, TV and other technical signals in the frequency band in which broadcasts are made under the license, shall entail administrative responsibility in accordance with the legislation of the Russian Federation.
Industrial jamming arising during the operation of technical devices in the course of economic activity shall be removed at the expense of the persons owning or managing the source of such jamming.
Article 52. The Storekeeping of Radio and TV Broadcasting Materials
1. In order to obtain evidence of importance for the proper adjustment of disputes, the organizations exercising radio and TV broadcasting shall be obliged:
to preserve the materials of their own programs;
to fix broadcast that have gone on air in their registration log or by other means.
2. During the storekeeping of the program one shall indicate the date and time of broadcasting, the subject of the program, its author, anchorman and main participants.
3. The terms of storekeeping shall be as follows:
for program materials - not less than one month since the day of going on air;
for the registration log or any other form of program fixation - not less than one year from the date of last entry in it.
Chapter 4. Informational agencies
Article 53. Informational agencies
1. Informational agency is a mass media outlet, which conducts collection, preparation and operative dissemination of information and comments via communication channels in real time mode (news line), and additionally in the form of bulletins, informational announcements on magnetic, optical and/or magneto-optical carriers, other types of printed publications in the electronic form in the computer networks (including via global computer network «Internet») and in other forms.
2. The legal status of the periodical publication production shall be applied to the products of informational agencies specified in the clause 1 of the present article.
3. Informational agency shall have its own correspondents’ network. Not less than 75 percents of informational announcements from the informational agencies, disseminated in the news line, shall be sourced from own correspondents’ network and cannot be a simple reprocessing of the announcements of other mass media. Non-compliance to this requirement can be a basis for applying the measures, provided by the article 32 of the present federal law.
4. In case of use of messages and materials of the informational agency by other mass media outlets they shall provide reference on the informational agency, unless otherwise is provided by the agreement with the informational agency.
Chapter 5. Electronic publications
Article 54. Dissemination of electronic publications
1. Mass media outlets can be disseminated in the global computer network "Internet" and with use of other electronic means of information exclusively on the basis of the registration certificate for the mass media outlet.
2. If the dissemination of information in the global computer network and with use of other electronic means for dissemination of audiovisual materials, textual, graphical and other messages and materials is done on the individual basis, it is not regulated by the present federal law (this includes personal and/or homepages of users), this also applies to dissemination by the authors of audio, visual, audiovisual and other products according to the legislation about authors’ and adjacent rights or dissemination by the private and legal entities of audio, visual, audiovisual products, messages and materials and/or textual, graphical messages and materials with the purpose of conclusion of civil or legal transactions.
3. In the process of dissemination of the electronic publication via global computer network "Internet" the access to following information shall be provided:
- the name of mass media outlet;
- registration number of the mass media registration certificate and the name of the registering body;
- the name and address of the publisher (broadcaster);
- the date of full or partial renewal.
Publisher (broadcaster) has the right to specify other information in the list of publisher’s imprint of the registered electronic publication.
Article 55. Storekeeping of materials of the electronic publications
1. In order to obtain evidence of importance for the proper adjustment of disputes, publisher of electronic publication shall store all messages and materials published in it.
2. During storage of messages and materials one shall specify the date of issue of the electronic publication.
3. The terms of storage of fixed messages and materials shall be not less than one month from the day of their publication.
Chapter 6. Dissemination of other mass media outlets
Article 56. The rules, applied for dissemination of other mass media outlets.
Concerning the relations, related with dissemination of mass information in the forms, not regulated by the presents Federal Law, the provisions on dissemination of television and radio channels or the printed and electronic media shall be applied depending on the essence of such relations, unless otherwise is provided by the Federal laws.
Ãëàâà 4. INTERNATIONAL COOPERATION
IN THE AREA OF MASS INFORMATION
Article 57. International contracts and agreements
International cooperation in the area of mass information shall be conducted on the basis of agreements concluded by the Russian Federation.
Article 58. Dissemination of foreign information
Citizens of the Russian Federation shall be guaranteed unimpeded access to reports and materials of foreign mass media.
The reception of programs of direct TV broadcasting shall be limited not otherwise than in cases provided for by interstate treaties and agreements concluded by the Russian Federation.
For the dissemination of the foreign periodical publication, television or radio channels, which are not registered in the Russian Federation, it is necessary to acquire the permission of the federal executive body specializing in the area of mass information in the order, determined by the given body, unless other order of dissemination is provided by the interstate agreement, concluded by the Russian Federation.
The Government of the Russian Federation shall determine the order of determination of fees for issue of permissions.
Dissemination of foreign mass media may be prohibited by the decision of the court of law only in case, if it will be proved, that dissemination of such mass media violates the fundamentals of the constitutional system, morals, health, rights and legal interests of the citizens of the Russian Federation, provision of the defense for the country and the state security.
Article 59. Foreign correspondents
1. The representative office of foreign mass-media shall be set up in the Russian Federation with the permission of the Ministry of Foreign Affairs of the Russian Federation unless otherwise provided for by the interstate agreement concluded by the Russian Federation.
2. The foreign representative and correspondents offices (bureaus) of mass media, registered in the Russian Federation shall be set up in the order stipulated by the legislative acts of the Russian Federation.
3. Accreditation of foreign correspondents in the Russian Federation shall be conducted by the Ministry of Foreign Affairs of the Russian Federation according to the article 10 of the present federal law.
ÃËÀÂÀ 5. RESPONSIBILITY FOR BREACHING THE LEGISLATION ON MASS MEDIA
Article 60. Responsibility for breaching the legislation on mass media
Breaching of the legislation of the Russian Federation on Mass Media shall lead to criminal, administrative, disciplinary or other responsibility according to the legislation of the Russian Federation.
The responsibility for breaching of provisions of the present federal law, for which the order of the warning may be issued according to the articles 49, 50 of the present federal law will be carried by the owner or broadcaster, depending from the fact, whose actions, non-action are the basis for such prosecution.
Article 61. Exemption from responsibility
Owner, publisher (broadcaster), journalist shall not bear responsibility for the dissemination of information that does not conform to the reality and denigrates the rights and lawful interests of the citizens, or represents an abuse of the freedom of mass communication and/or the rights of the journalist:
1) if this information is available in obligatory reports;
2) if this information was received from informational agencies;
3) if this information is contained in the reply to the inquiry for information in the materials of the press-services of the state organs, organizations, and organs of public associations;
4) if this information is the literal reproduction of the fragments from the speeches of the deputies (members) of the Russian Federal legislative bodies, subjects of the Russian Federation, and of public speeches of the officials of the state bodies, organs of local administration, organizations, public associations and political parties;
5) 5. if this information is to be found in the author’s works that go on air without preliminary recording, including informational and informational-analytical programs, or in the texts, which are not subject to editing in accordance with the present federal law;
6) 6. if this information is the literal reproduction of reports and materials or of their fragments disseminated by another mass media outlet, which can be ascertained and called to account for a given breach of the legislation of the Russian Federation on mass media.
ÃËÀÂÀ 6. FINAL AND TRANSITIONAL PROVISIONS
Article 62. Setting of the present federal law into operation
1. Present federal law comes into effect from «___» _______ 2003.
2. From the moment, when the present federal law comes into effect, all legal acts acting on the territory of the Russian Federation, before they will be brought into correspondence with the present federal law shall be applied in that part, which does not contradict to the present federal law, unless otherwise can be provided for by the present article.
3. The founders of mass media, which have registered mass media before present federal law came into effect, shall reregister their mass media according to the requirements of the present federal law in the period of one year from the moment, when this law came into effect.
In case if disputes will arise between founders in relation to realization of owner’s rights, as well as between the founders (owners) and publishers (broadcasters), the claims about resolution of the given disputes shall be submitted to the respective legal organs during one year from the moment when this law comes into effect. In this case the application for re-registration of the mass media shall be submitted during three months since the date when the legal act came into effect.
In case of violation of the requirement, provided by the present clause, registering body has the right to cancel the registration certificate of the respective mass media, if the application for the re-registration was not submitted within one month from the day of reception of the order from the registering body about elimination of mass media re-registration terms, provided by the present clause.
In case if the association of citizens is only founder of the mass media, the publisher (broadcaster) becomes the owner of the mass media.
4. The holders of the license for broadcasting (broadcasters), which have received the license for broadcasting before implementation of the present federal law, shall submit request about re-registration into federal executive body specializing in the area of mass communications in the period of one year from the moment when it comes into force.
In case of re-registration of the broadcasting license according to the present clause, the term of validity of the license shall be counted from the date of the issue of the license, which has to be re-registered.
5. Unless otherwise is not being a result of content of the present federal law, the information about conditions of importance in the agreements (contracts), provided in the article 22 of the present federal law, shall be presented to the registering body in the period of three month from the moment of re-registration of the mass media.
6. It shall be suggested to the President of the Russian Federation and ordered to the Government of the Russian Federation to bring their legislative acts into accordance with the present Federal Law.