In the event of emergency to guarantee the security of citizens and to protect the constitutional regime within the territories where the state of emergency has been introduced, particular restrictions of the freedom of mass communication can be assigned with the specification of the limitations and terms, as stipulated by the Federal Constitutional Law dated by May, 30, 2001 №3-FKZ “On the State of Emergency”.

For purposes of the present Federal Law the following notions are used:

No provision shall be made for the censorship of mass communication, that is, the demand made by state agencies or local authorities, organizations, public or religious associations, their officials or employees that the journalist, chief editor or organization that issues a mass medium should agree in advance a message (except for the cases when such demand comes from the author or interviewee). No provision shall be made for suppression of the dissemination of messages, separate parts thereof or any ban to make, copy and/or distribute them.

No provision shall be made for the creation and financing of agencies, organizations or positions whose goals or functions include the censorship of mass communication.

No provision shall be made for unlawful interference of the government agencies or local government agencies, organizations, public or religious associations, their officials or employees in professional independence of the editorial office of mass medium or into the activities of its founder, owner, publisher, distributor, TV and radio broadcasting organization, printing enterprise or into relationship between them.

No provision shall be made for the use of mass media for the purposes:

disclosure of information that is a state secret or any other secret protected by the law;

violent change of the constitutional system of the Russian Federation;

appeal to the aggressive war

assertion of exclusivity, superiority or inferiority of citizens on account of their religion, nationality, race, or social belonging;

distribution or advertising of pornography materials or things;

spreading of deliberately false advertisement;

committing other acts punishable by the law;

well as of propaganda of drugs, psychotropic substances and their precursors or any advantages of their use as well as of propaganda of drugs and psychotropic substances for the medical purposes which suppresses will of man or have negative impact on psychic and physical health of man.

The use of hidden messages that have impact on subconsciousness in mass media and its products shall be prohibited.

No provisions shall be made for monopolization of the mass media market that exceeds the limitations of maximum concentration of mass media as stipulated by the present Federal Law.

No person or legal entity shall be entitled to be the founder (co-founder) or the owner (directly or through affiliated persons) of a mass medium of which the real audience within a year exceeds thirty per cent of the entire audience of the mass media in the Federal or regional mass media market.

No person or legal entity shall be entitled to own, possess, use, manage, run or control (directly or through affiliated persons) an organization that issues a mass medium of which the real audience within a year exceeds thirty per cent of the entire audience if the mass media in the Federal or region market of the mass media.

The regulations on limitation of the concentration of mass media shall be stipulated by the Federal Law which is a part of the legislation of the Russian Federation on the Mass Media.

The legislation of the Russian Federation on Mass Media consists of the present Federal Law and other legislative acts adopted in accordance with it, and also of legislative acts on mass media adopted by the subjects of the Russian Federation adopted within their competence in respect of formation and work of mass media.

If the general principles or norms of the international law or an inter-state agreement made by the Russian Federation provides for formation and work of mass media the rules other than those established by the present law, the rules of the inter-state agreement shall be applicable.

The present law shall be applicable to the mass media founded in the Russian Federation and to those set up beyond its borders only in respect of the publishing and dissemination of their products in the Russian Federation.

The regulations stipulated by the present law for citizens and legal entities shall be applicable to the citizens of the Russian Federation irrespective of the place of their residence, and to the legal entities irrespective of the place of thier location.

All organizations that produce and issue mass media shall be legally equal.

All owners of mass media shall be legally equal.

Legal entities and citizens of other countries and stateless persons in the territory of the Russian Federation shall enjoy the equal rights and bear the equal duties, which are stipulated by the present Federal Law, as the organizations and citizens of the Russian Federation, unless otherwise stipulated by law.

Any legal entity or a person unless otherwise is stipulated by the present Federal Law shall be entitled to found a mass medium and notify the registration agency hereof.

The following persons and agencies may not act as founders:

a citizen who has not reached 18 years, an individual who serve his punishment in places of confinement by the court’s sentence or a person recognized as incapable by a court;

a state agency, local government agency as well as organization founded by them of which the right to form mass media is not provided by the regulations;

a state agency, local government agency as well as organization founded by them - in respect of foundation of non-state or non-municipal mass medium;

a state unitary or official enterprise;

an organization whose activities are banned by law;

a person as well as a legal entity which is not a state agency or local government agency (in respect of foundation of state and municipal mass media);

a foreign citizen, foreign legal entity;

a stateless person who is not domiciled in the Russian Federation.

When founding a mass medium the founder shall define its program, objectives and goals (broadcasting concept), as well as the language, the form of periodical dissemination of mass communication, the territory of distribution, approximate themes and specialization, frequency, volume, circulation and financial sources of the mass medium founded by him.

Publication of a mass medium as well as dissemination of products of it shall be carried out only after it has been registered unless otherwise stipulated in the present Federal law.

Mass medium of which the products are to be disseminated mainly in the entire territory of the Russian Federation, beyond its borders or in the territory of several subjects of the Russian Federation, shall be registered by the Federal Registration Agency.

Mass medium of which the products are to be disseminated mainly in the territory of one subject of the Russian Federation, district, city, other settlement, district within a city, urban block, shall be registered by territorial Registration Agency.

Mass medium of which the products are to disseminated mainly in the whole territory of the Russian Federation, beyond its borders or in the territory of more than a half of subjects of the Russian Federation and registered by the Federal Registration Agency, shall be deemed a Federal mass medium.

The mass medium of which the products are to be disseminated mainly in the territory of less than a half of subjects of the Russian Federation and registered by the territorial Registration Agency shall be deemed a interregional mass medium.

The mass medium of which the products are to be disseminated mainly in the territory of one subject of the Russian Federation and registered by territorial Registration Agency shall be deemed as a regional mass medium.

Mass medium shall be registered within a month after the date when the founder have notified the registration agency of the foundation of this mass medium.

Mass medium shall be deemed to be registered after the issue of a Registration Certificate.

Issue of the mass medium should begin within an year after the day the Registration Certificate have been issued. Should this deadline be not complied with, the Mass Medium Registration Certificate shall be recognized invalid according to the procedures stipulated by the present Federal Law.

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The application for the registration of a mass medium shall feature:

The document certifying the payment of a registration fee and the Charter agreement (when the mass medium is founded by two and more persons) shall be appended to the application of foundation of a mass medium.

It shall be forbidden to make any other demands during the registration of a mass medium.

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*information in this article shall be understood to mean the following: for a legal entity - the full name and the registered place of location; for a person - surname, first and middle names, citizenship, the address of permanent residence.

** not specified for the network mass media.

No registration shall be required for the following mass media:

The refusal registration of a mass medium is possible on the following grounds alone:

A notification about the refusal of registration shall be forwarded to the applicant in written form with the specification of the grounds for the refusal provided for by the present law.

The application for the registration of a mass medium shall be returned to the applicant without consideration, with the specification of a ground for the return:

A registration fee shall be collected for the issue of a Registration Certificate in the tenfold amount of minimum wage defined by the Federal Law.

A registration fee defined in the first part of this article shall be raised tenfold for advertising and erotic mass media, while a registration fee shall be reduced tenfold for educational, cultural, enlightening and ecological mass media mainly intended for children, adolescents, pensioners, disabled persons and other population groups of not sufficiently provided for.

The registration fee shall be entered in the Federal Budget.

In case of a refusal of registration and equally of a refusal to undergo registration the applicant for the foundation of mass medium shall have the right to refund the registration fee within three months from the date of receipt of a registration application specified in the notification. The document testifying to the payment of a registration fee shall be the grounds for the return of money in the place of its payment. At the request of the applicant the note (“Not registered”) shall be made on this document by the registration agency.

A Mass Medium Registration Certificate may be recognized as null and void exclusively by a court of law in civil proceedings upon the statement by the registration agency

A Mass Medium Registration Certificate may be recognized as null and void only in the following cases:

A registration agency recognizes the Mass Medium Registration as null and void in the event when a mass medium founder applies to terminate the issue.

The registration fee shall not be subject to return upon the recognition of a Registration Certificate as invalid.

Article 17. Termination or Suspension of Issuing Mass Medium

The owner of a mass medium shall be entitled to terminate or to suspend its issuing only in the events and under the procedures stipulated by the present Federal Law and the Charter of the organization producing and issuing this mass medium, or by a substituting agreement.

The termination of the functioning of a mass medium shall entail the invalidity of the certificate of its registration on the grounds of court decision that has joined into force.

The founder of the mass medium shall be deemed its owner unless otherwise is not stipulated by basic documents or by the Law.

The right of ownership of mass medium shall include the exclusive right to issue this mass medium under the name and in the form specified in its Registration Certificate, the exclusive right to use mass medium as a result of intellectual activity, as well as the right to the products of this mass medium and to information resources created in the process of its issuing.

Unless otherwise stipulated in the law or the Charter documents, the owner shall also have the right to own, use and dispose the organization issuing the mass medium as a property facility within the limits established by the Civil Code of the Russian Federation and the Legislation of the Russian Federation on Mass Media.

The owner shall be entitled to assign the organization issuing the mass medium as a property facility for confidential management to other person (confidential manager) who should manage it in property interests of the owner or in his personal non-property interests within the limits established by the Legislation of the Russian Federation.

The owner shall approve the Charter of the organization issuing a mass medium, or make the substitution agreement with the editor-in-chief.

The owner shall not be entitled to violate of the professional independence of the editorial office and intrude into their activities with the exception of cases stipulated by the Legislation of the Russian Federation on mass media, by the Charter of the organization issuing this mass medium, or by the substitute agreement as well as the cases the owner of the mass medium the persons constituting the editorial office, or legal entity formed by them.

The owner shall be entitled to oblige the editor-in-chief to publish a message or material on his behalf (owner’s statement) free of charge and in the specified terms. Maximum volume of the owner’s statement shall be defined by the Charter of the organization issuing the mass medium, or in the substitute agreement. This statement’s belonging to the owner should be clearly specified in the text. The owner shall be liable to all the goals connected with the contents of the statement.

The owner shall at all times retain his rights and liabilities regarding the mass medium. He shall forfeit these rights and liabilities in the event of alienation of the mass medium in favor of the third person as well as in other cases stipulated by the Law. In the event of reorganization of the legal entity being the owner of the mass medium, its rights and liabilities are transferred to the assignee. In the event of winding-up the legal entity being the owner of the mass medium, its rights and liabilities are not transferred to other persons by the procedure of legal succession. Inheritance of the mass medium shall be admitted unless otherwise is stipulated by the Charter of the organization issuing the mass medium, or by the substitute agreement.

The owner may act as a founder of the mass medium, as an organization issuing the mass media, its editorial office, editor-in-chief or distributor.

The owner shall also have other rights and assume other liabilities established by the present Federal Law.

Founder of a mass medium has exclusive right to use and dispose of the name under which this mass medium has been registered, as well as prohibit any use of this name by other persons with regard to the same form of dissemination of mass communication at the same mass media market. The founder has the right to cede this exclusive right to a third party upon prior notice to the registration agency on the change of the founder. Exclusive title is deemed ceded from the moment of re-registration of this mass medium.

The founder has the right to issue this mass medium independently and under the name and in the form specified in its Registration Certificate, or issue it jointly with other persons. The founder has the right to assign any other legal entity or individual to issue this mass medium under an agreement.

Number of persons who can act as founders of mass medium is unlimited. Co-founders of mass medium shall make a foundation agreement and jointly act as founders. The court in accordance with procedures of civil justice shall settle disputes between the co-founders of this mass medium with regard to their rights and obligations.

In case of voluntary retirement of any person from the staff of founders, the rights and obligations of such person shall be ceded to the remaining founders. Forced changes in the composition of the co-founders, as well as forced transfer of rights and obligations of the founder to any third person, make take place only upon decision of the court.

The founder may act as the owner of a mass medium or organization engaged in its dissemination, its editorial office, editor-in-chief and/or distributor thereof.

The founder also has other rights and liabilities established by the present Federal Law.

A mass medium is inseparable from organization engaged in its issue, except for cases when the mass medium is issued under the agreement with its owner.

Organization engaged in the issue of a mass medium shall represent the latter in its relations with the third parties.

Organization engaged in the issue of a mass medium may be a legal entity organized in any organizational and legal form permitted by the law, except for the cases established by the present Federal Law.

Issue of a mass medium may be performed by a separate division of a legal entity, which is not the organization engaged in the issue of this mass medium. In this case the relevant legal entity shall represent this mass medium in relations with the third parties.

A mass medium can be issued by association of citizens without formation of a legal entity. In this case the editor-in-chief elected in accordance with procedures established by this association shall represent this mass medium in relations with the third parties.

A mass medium can be issued by a group of individuals. In this case relations of this mass medium with the third parties shall be represented by the editor-in-chief appointed by a written agreement between the above individuals, and in case of absence of any such agreement, it shall be represented by the person whose name was listed first in notification on foundation of this mass medium.

A mass medium can be issued by a natural person (individual). In this case, regardless of the state registration as an individual entrepreneur, such person shall represent this mass medium in its relations with the third parties as an editor-in-chief.

Editor-in-chief shall represent the mass medium in relations with the owners, founder, distributor, citizens, associations of citizens, legal entities, individuals, state agencies and local government agencies, as well as in the court. This person shall be liable for compliance with requirements to the activity of this mass medium by the present Federal Law and other legislative acts pertaining to the legislation of the Russian Federation on mass media.

Editor-in-chief shall be appointed and dismissed by the owner of mass medium in accordance with procedures stipulated by the Statute of organization engaged in the issue of the mass medium, or under any other procedure conforming the present law. In case of absence of duly adopted, approved and registered Statute, the editor-in-chief shall be appointed by the owner of a mass medium for the term until registration of such Statute.

In case of appointment of an editor-in-chief, the owner of the mass medium and the appointed person shall make an agreement specifying the main terms of organization and remuneration of labour, as well as main requirements to editorial policy and guarantees of professional independence of the editorial office.

The owner has the right for early termination of the agreement with editor-in-chief on the grounds stipulated by the law.

Editor-in-chief shall appoint and dismiss any other persons of the editorial office staff.

Appointment of a journalist shall be done under the agreement in the form approved by the editor-in-chief upon coordination with the editorial office. In addition to other compulsory provisions arising from the current legislation, the agreement shall specify conditions of the use of service publications, implementation of the editorial policy and compliance with generally recognized rules of professional activity, as well as guarantees of independence of the journalist. In case of changes in the editorial policy, there may be early termination of agreement with the journalist (such termination may also be initiated by the latter) with mandatory compensation in the amount of two months’ worth of the net salary for each full year of work of this journalist in this organization, and in the amount of a monthly net salary for each incomplete year of work.

If the organization engaged in the issue of a mass medium has been founded in the form of a joint-stock company, the editor-in-chief may simultaneously act as a sole executive agency of the company.

Organization engaged in the issue of a mass medium and its editor-in-chief may act as a founder of the mass medium, its owner, editorial office and/or its distributor.

In addition to the above mentioned, organization engaged in the issue of a mass medium and its editor-in-chief shall have other rights and liabilities established by the Federal Law.

Organization engaged in the issue of a mass medium shall act on the basis of its statute, which shall comply with both legislation on mass media and on the laws on relevant organizational and legal forms of legal entities.

Statute of organization engaged in the issue of a mass medium shall be approved by its founder. Statute of the state or municipal non-profit organization engaged in the issue of a mass medium shall be adopted at the general meeting of the collective of journalists (the editorial office employees on the staff) by a majority vote in the presence of not less than two thirds of its membership and shall be endorsed by the founder.

Statute of organization engaged in the issue of a mass medium shall define the following:

1) The mutual rights and duties of the owner and founder of a mass medium, if they are different persons;

2) The powers of the editorial office and guarantees of its professional independence;

3) The order of appointment (election) of the editor-in-chief and editorial board;

4) Authority of the editor-in-chief;

5) The grounds and order of termination and suspension of the functioning of a mass medium;

6) Legal consequences of the change of the owner, founder, as well as changes in the composition of co-founders, termination of the issue of the mass medium, liquidation or re-organization of the organization engaged in the issue of the mass medium.

Statute of organization engaged in the issue of the mass medium shall guarantee professional independence of editorial office and specifically stipulate separate management of each editorial office and property thereof; separation of processes of making editorial and business (financial) solutions, completeness and exclusiveness of rights of the editor-in-chief in implementation of editorial policy.

Prior to registration of statute of organization engaged in the issue of the mass medium, as well as in case the mass medium is issued by an association of citizens without formation of a legal entity, group of individuals or by a single individual, issues specified in Clause 1 - 6, Section 3 of this Article may be defined by the agreement substituting the statute and made by the owner of this mass medium and the editor-in-chief, such agreement being in full compliance with legislation on mass media.

Statute of organization engaged in the issue of the mass medium is subject to registration by the registration agency prior to the state registration of this legal entity by the agencies of justice. Failure of the statute to comply with legislation on mass media will result in denial of its registration, as well as in registration of a legal entity.

Publisher (broadcasting operator) shall exercise his rights and obligations based on the legislative acts of the Russian Federation on mass media and other laws.

If a mass medium is issued by an association of citizens without formation of legal entity, or by a group of individuals or a single individual, logistics and technological support of production of mass medium products can be performed on the basis of agreement between the owner of mass medium and the publisher (broadcasting operator).

Issue of printed periodical publication directly by its owner, founder and/or association of citizens without formation of legal entity, a group of individuals or by a single individual without involvement of an outside publisher and/or printing enterprise can be performed on the basis of Registration Certificate of this mass communication.

Publisher (broadcasting operator) may act as a founder of the mass medium or owner thereof, as well as organization engaged in its issue, or act as its editorial office and/or distributor.

Publisher (broadcasting operator) also has other rights and liabilities established by the present Federal Law.

The founder of a mass medium, owner thereof or organization engaged in its issue, editor-in-chief and distributor as well as other persons controlling this mass medium, have the right to make mutual agreements, both stipulated and not stipulated by the legislation of the Russian Federation on mass media.

The agreement made between the co-founders of a mass medium shall determine the following:

The agreement made between the founder (owner) and the and organization engaged in its issue shall determine the following:

Agreement between the founder (owner) of a mass medium or the organization engaged in its issue and the distributor of the mass medium product shall define the following:

Under the present Federal Law, the term of a news agency shall be applicable to a legal entity or a natural person whose main activity is collection and prompt dissemination of news and other materials intended primarily for editorial offices of mass media, subject to the legal regime of a mass medium that can exercise at the same time the functions of the organization engaged in the issue of mass medium and of the distributor of products.

A bulletin, newsletter, any other publication or a program with a fixed name which are set up by a news agency shall be registered according to the procedure established by the present Federal Law.

When messages and materials of a news agency are disseminated by another mass medium, reference to the news agency shall be obligatory.

The rules introduced by the present Federal Law for registered printed periodical publications shall be applicable to network mass media, unless otherwise stated by the Federal Law.

The owner of a news resource in the network shall have no right to submit it for registration as a network mass medium. In this case the rules and benefits established by the present Federal Law shall not apply for such news resource.

Registration with the same name and with the same content shall not be required for a network mass medium produced by the publisher of a registered printed periodical. (network dubbing).

Legal regime of network mass media established by the present Federal Law shall be common for all network mass media registered as a network news agency, network newspaper or any other network edition.

The rules established by the present Federal Law for TV and radio programs shall be applicable to the periodical dissemination (broadcast) of them through telecommunication networks, unless otherwise provided by the Federal Law.

Only the state agencies (local government agency) in accordance with their competence may act as founders (co-founders) of state (municipal) mass media and of the organizations engaged in the issue thereof. Legal entities, individuals and associations of citizens, other than the editorial office shall not be in the composition of the co-founders of the state (municipal) mass medium. Federal state agencies and state agencies of the subject of the Russian Federation cannot be at the same time the co-founders of the state (municipal) mass medium. The same provision shall also apply to the state agencies and local government agencies.

State agencies and local government agencies cannot directly or through affiliated persons be the founders (co-founders) of the mass media, which are not the state of municipal, as well as to participate in the funding thereof or otherwise control them.

The editorial office as a legal entity shall have no right to use and employ the name of the state (municipal) mass medium together with the founder thereof.

Organizations engaged in the issue of the state (municipal) mass media shall be founded exclusively on the basis of property belonging to either the state or municipal government. Issue of the state (municipal) mass media can under no conditions be assigned to the organization department of the state authority (local government agency) or a natural person (group thereof).

Founders of the state (municipal) mass media shall ensure issue thereof by reliable and distinct property and financial base capable of ensuring the long-term planning, which is formed exclusively at the cost of budget assets and property owned by the state of municipal government. Authority to finance the issue and exercise financial control thereof shall not be used for the purpose of direct or indirect infringement of professional independence of the editorial office.

Organizations engaged in the issue of the state (municipal) mass media can be granted benefits and/or privileges only on the general grounds applicable to any other organizations engaged in the issue of mass media in the same mass media market.

If economic results of activity of the organization engaged in the issue of the state (municipal) mass medium allow it to withhold from the use of budget assets for the term of at least two years, then upon the submission of the editorial office it can be transferred in private property in accordance with procedures stipulated by the laws on privatization of the state and/or municipal property.

All the activities of state (municipal) mass medium shall be complied with the goals to assure constitutional rights of the citizens to obtain information as well as to the freedom of speech and thoughts by means of open discussion on socially significant problems. Neither mass medium, nor organization issuing them shall not be used for propaganda and agitation, with the exception of election campaign implemented in compliance with the Legislation of the Russian Federation on Elections and Referendum.

The editor-in-chief shall be entitled to publish materials relevant to the approximate topics of the mass medium declared by registration, at his own discretion. He should be duly impartial and respectful to the truth, equally represent opposite viewpoints, and avoid tendentiousness in the materials and messages on current economic, political, social and religious problems. Factual information and opinions should be strictly differentiated.

The editor-in -chief should provide the opportunity for various social groups, including national, language, social, economic, cultural and political minorities, to express their views and legal interests in the state (municipal) mass medium. Arguments connected with the implementation of the editorial politics shall be clinched with the help of public editorial council and based upon recognition of professional independence of the editorial office and its liability to provide the population with basic information.

The Charter of the organization issuing state (municipal) mass medium should be compliant with the requirements of either present Article, or Article 21 of the present Federal Law.

The Charter of the organization issuing state (municipal) mass medium should guarantee the professional independence of the editorial office as to decide the following points:

The Charter of the organization issuing state (municipal) mass medium should guarantee unprejudiced coverage of facts and events in information programs, as well as promote free exchange and forming of opinions.

The Charter should define the order of:

In the event of termination of issue of the state (municipal) mass medium by the decision of its owner the editorial office shall have the privileged right to resume the issue of the mass medium under the same name on condition of its re-registration in the procedure stipulated by the present law, as well as the privileged right to get licenses if such are necessary for the issue. On the grounds of the suit of the editorial office, the court of law shall be entitled to convey to them the rights and liabilities arising from the agreements previously concluded between the organization issuing the mass medium and the third parties on account of the issue. In this event the information resources created by the editorial office and the privileged rights to the objects of intellectual ownership being the result of the creative activity of the editorial office, are conveyed hereto.

The journalists constituting the editorial office of the state (municipal) mass medium shall be subject to the guarantees stipulated by the Legislation of the Russian Federation on State (Municipal) Services, in the part, not contrary to the Legislation on Mass Media.

The Charter of the organization issuing the state (municipal) mass medium can stipulate for the public editorial council inspecting the compliance with social functions of a state (municipal) mass medium by the editorial board.

Public editorial council shall not have the right to the preliminary control of the contents of the materials and programs intended for dissemination.

The members of the public editorial council shall be appointed according to the procedure that is established in the Charter of the organization issuing the state (municipal) mass medium, and that provides pluralism, protection of the minorities’ rights, and collective representation of social interests in general. They can not be withdrawn from the council against their will.

The members of the public editorial council shall not be entitled to follow any instructions from any person or organization in respect of their membership in the council, shall not be entitled to be engaged (directly or indirectly) in the management of the editorial office as well as other organizations, if there is a probability of conflict between the managerial interests and the functions they perform in the council.

Organization issuing the state (municipal) mass medium shall be liable to publish the messages and materials of the state agencies according to the procedure established by the Federal Law “On the Procedure of Covering the Activities of State Agencies in State Mass Media”.

Exhaustive list of the materials issued by the relevant state agencies and/or local government agencies, which the respective state (municipal) mass medium shall be liable to publish, should be specified in the Charter of the organization that issues them. The state agencies and local government agencies, which issued the said materials, shall be responsible for the compliance of the said materials with the requirements of the Legislation on Mass Media.

Organization issuing the mass medium which is not specified as state or municipal, shall be entitled to publish on its own initiative the resolutions and other acts of state agencies and local government agencies, with the exception of the information that is a state secret or any other secret protected by the law. Should these acts be revoked or declared invalid or illegal subsequently according to the established procedure, the organization which has issued them shall publish the information on that at the expense of state agencies and local government agencies which have adopted the relevant acts and at the prices established for publication of advertisement.

Persons elected or appointed to the state agencies or local government agencies, shall be entitled to speak in relevant state (municipal) printed (TV, radio) mass media on the problems of their work. Author’s fee shall not be paid for such materials.

Organization issuing state (municipal) mass medium must publish prompt information of State Fire Fighting Service free. By demand of State Fire Fighting Service the information on fires must be released immediately.

Disputes related to implementation of the established procedure of coverage of the activities of state agencies and local government agencies in state (municipal) mass media shall be settled by the Federal Commission on TV and Radio Broadcasting.

State (municipal) official shall not have the right to found, own, possess, use, manage, direct or run a mass medium.

When entering state (municipal) service, a citizen who owns, possesses, uses, manages, directs or runs a mass medium or having control over it, must take all the necessary measures to eliminate all reasons to suppose that he has still reserved for himself the control over the relevant mass medium.

After the receipt of the information on the breach of the regulations specified by this article, the registration agency shall carry out the relevant inspection within a month, and in the event the information has been confirmed, shall address the opinion and the gathered materials to the higher state agency (the local government agency) (in relation to the state (municipal) official), in order to settle the issue of taking disciplinary actions against this official, and if the relevant grounds are available, - to the Office of Public Prosecutor to take the decision of instituting criminal proceedings.

Public mass media shall be issued exclusively by public TV and radio broadcasting organizations

The Federal Law shall define the principles of formation, financing and activities of public TV and radio broadcasting organizations, founded in the Russian Federation, its subjects and municipalities, the forms of participation of the state in foundation and managing of TV and radio broadcasting organizations, as well as legal status, procedure of foundation, reorganization and winding-up of the Federal public TV and radio broadcasting organization and its regional offices, formation and use of its property, management of its activities.

State support of mass media shall be the range of economic, legal, organizational, technical and other measures established by the state in order to provide political, ideological, and cultural variety, freedom of thoughts and speech, independence of mass media, as well as the right of the citizens to retrieve, receive, produce, transmit and disseminate information freely.

Taking into account the social role of mass media the state shall provide necessary benefits, grants and privileges to the organizations issuing, producing and disseminating them.

State support of mass media in the Russian Federation shall be implemented on the basis of:

The procedure of state support of mass media at the expense of funds from the Federal Budget and use of the Federal property shall be regulated by the Federal Laws.

Benefits, grants and privileges shall not be allowed to be provided:

Social advertisement and advertisement provided by state (municipal) advertisers should be given to state (municipal) and private organizations issuing mass media, on reasonable fair and nondiscriminatory conditions.

Organizations issuing state and municipal mass media, financed from the state or local budget, shall be entitled to provide for the advertisement:

TV and radio broadcasting organization shall not be entitled to give more than 30 per cent of on-air time allotted to advertisement to one advertisement agency of federal level, its affiliates or dependent companies.

The length of announcements made by the broadcaster on programs transmitted or retransmitted by him, as well as free announcements of state agencies, local government agencies and charitable foundations, shall not be included into the volume of on-air time used for advertisement. The length of TV shopping programs shall be included into the volume of on-air time used for advertisement.

Television advertisement and TV commercials should be easily distinguished as such and clearly separated from other parts of TV program. Hidden TV advertisement and TV trade, that is deliberate influence on customers’ perception by means of special video insertions as well as by means of such verbal and visual presentation of advertisement information that can confuse the customers in respect of the true goals of this presentation, shall be forbidden.

It shall be forbidden to use in TV advertisement and in TV shopping visual images and voices of journalists who regularly conduct or appear in information or analytical programs.

Sponsorship in making TV programs shall be allowed only under the following conditions:

Expenses on economic support of mass media shall be a constituent part of a relevant budget.

Expenses to cover unprofitable activities of state (municipal) mass media, as well as to develop their material and technical basis shall be stipulated in the supply and financed at the account of proper income of the relevant budget. At the same time the sums of budget financing of every mass medium are reduced at fifty per cent every three years within the existing measure of prices.

No-purpose use of budget funds intended for economic support of mass media shall entail equivalent reduction of financing for other purposes.

Organizations issuing children, adolescent, educational, cultural, enlightening and ecological mass media and those intended for pensioners, disabled persons and other population groups not sufficiently provided for shall be entitled to receive grants, as well as interest-free loans from the relevant budget. This provision shall not extend to the organizations issuing state and municipal mass media, as well as to commercial organizations, their branches, dependent companies or detached subdivisions.

With the purpose to stimulate the preparation and issue of thematic series of TV and radio programs necessary to solve socially significant problems, the state agencies and local government agencies may announce public tenders, in which all the TV and radio broadcasting organizations can participate. The announcement of a public tender should contain conditions stipulating the essence of the assignment on every nomination, criteria and order of estimation, location, terms and order of presentation of projects, size and form of reward, as well as order and terms of announcement of winners. Organizations which had won the tender shall get by the decision of the competitive commission an economic support in the form of budget assignments, equipment supplies, withdrawal materials, or in some other form as a reward.

No legal or physical entity, as well as state or local authority which has founded and/or owns (including through affiliates), disposes, uses, manages, heads any mass media outlet, with total circulation exceeding 25 per cent of total single circulation of all mass media outlets, distributed on this mass media market territory - has the right to request (including through affiliates) the license for TV- or Radio-broadcasting on the same territory.

Organizations, recognized as monopolists according to the order, stipulated by the antimonopoly legislation, as well as organizations, dominating in the area of logistic support for the production and distribution of their mass media products, shall provide their services to all organizations, involved in mass media publication business on equal, just and non-discriminatory conditions.

Organizations, which fall under provision of the clause 1 of the present article, have the right to refuse provision of the services to mass media publishing organizations exclusively on the basis of absence of technical capabilities to do so. In such case this organization has no right to provide requested services to any other consumer before satisfying previous request.

The refusal from the organization, falling under provision of the clause 1 of the present article, to provide services can be contested in the court according to the civil proceedings order.

Special research organizations can be established in order to provide transparency of the mass communication sphere, which audit the mass communication, i.e. provide the estimation of the volume and study of the reaction of mass media audience with special methods.

Organizations, conducting mass communication audit will be set up directly by the organizations, issuing mass media, advertising agencies and other legal entities, interested in receiving information about the real size of mass media audience and the way they consume mass media products.

Organization, conducting mass communication audit, has no right to conduct commercial activities, but has the right to cover its actual expenses through subscription for the results of its researches, and also on the account of fees paid by its founders and participants.

All activities of the organizations, conducting mass communication audit shall be open, and the research methods shall be easily verified.

Federal commission on TV and Radio broadcasting in the framework of its competence shall distribute, on the basis of the tenders the orders for mass communication audit for the state needs (state orders), including for determining actual volumes of audience reach.

Tender to receive each state order shall be conducted not later than one year, before expiration of the state order, which was made previously. All research organizations can be attracted to the tender, however, they shall have not less than 5 years of experience in conducting mass communication audit in Russian Federation, excluding organizations with foreign participation.

The tender committee can contain foreign and Russian advertisers from the number of those, who invested largest amounts into advertising in the territory of Russian Federation in the year, previous to the year of such tender, and also producers of advertising as well as advertising distribution companies.

Tender committee specifies the term, for which the state order will be placed. This term shall not exceed 10 years, and for the organization, which has won such tender for the first time - 3 years.

State order can be prematurely repossessed from the winner-organization by the decision of the tender committee in case if this organization has deliberately and/or systematically breached conditions of such order.

Private citizens, their associations, officials, enterprises, institutions, organizations and state agencies shall not be allowed to prevent the lawful dissemination of mass communication products.

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 “gratis” and may not be an object of commercial circulation.

The demonstration of video recordings in living quarters as well as making single copies from such demonstrations, unless a payment is made directly or indirectly for this shall not be regarded as the dissemination of mass communication products in the meaning of the present Law.

The retail sale of periodical publications, including sale from hand to hand, shall not be liable to limitations, except for the provisions provided for in the present Federal Law. The retail sale of the total print of printed periodical publications in places, which are not of public resort - in special premises or in other facilities where a special regime has been instituted by their owner or the person authorized to manage this property - shall be allowed only with the consent of said persons.

The retail sale of the printed periodical publications through separately standing kiosks can be done without cash registers under condition, that the share of printed periodical publications among their total turnover does not exceed fifty per cent. Therewith, bookkeeping of the magazine and newspaper sales shall be conducted separately from sales of other goods.

In case the publisher or distributor violates the author’s property or personal non-property rights and in other cases provided for by the law, the dissemination of mass communication products may be terminated by decision of a court of law.

Mass communication products shall be disseminated only after the editor-in-chief permits publication or broadcasting.

With the continuous broadcasting, dissemination of the mass media products is allowed from the moment when first permission for broadcasting is provided by editor-in-chief, and until discontinuation of broadcasting.

Every issue of a printed periodical publication shall contain the following information:

1) the name of the publication;

2) the founder (co-founders), owner of the periodical publication;

3) the full name of the editor-in-chief;

4) the ordinal number of the issue and the date of its appearance and for newspapers also the time of signing for press (under the adjusted schedule and actual time);

5) postal index for publications distributed by post offices;

6) total circulation;

7) price or the note “free-market price” or “grants”;

8) the addresses of the editorial office, publisher and the printing house;

9) specification of the special character of printed publication (“publication for children and teenagers”, “publication for invalids”, “educational publication”, “culture-educational publication”, “advertising publication”, “erotic publication”), if it is registered as special publication.

With every airing of a radio or TV program and during the uninterrupted broadcasting at least four times a day the editorial office shall be obliged to announce the program name.

Every copy of audio-, video- or newsreel program shall contain the following information:

1) the program name;

2) the date of appearance (or run) and the issue number;

3) the name and initials of the editor-in-chief;

4) total circulation;

5) the editorial office and its address;

6) price or note “free-market price” or “grants”.

Reports and materials of a news agency shall be accompanied with its name.

Publisher’s imprint of the Internet mass media outlet shall contain following information:

The name of the Internet mass media outlet;

Founder, producer, editor-in-chief of the Internet mass media outlet;

The date of last information renewal;

Domain name of the Internet mass media outlet;

E-mail of the producer of the Internet mass media outlet.

If the periodical publication will reproduce information from the Internet mass media outlet (printed copy), both mass media outlets shall provide publisher’s imprint of each other in full volume.

If a mass medium is not released from registration, the imprint shall also indicate the registration agency and the respective registration number.

The total circulation of a printed periodical publication, an audio-, video- and newsreel programs shall be determined by the editor-in-chief by agreement with the publisher and other persons, which are stipulated by the law or the agreement as authorized for this.

The confiscation and also the destruction of the circulation or the part thereof shall be allowed only by the decision of a court of law that has entered into force.

A circulation fee shall be instituted for mass media specializing in the production of advertising or erotic products and collected in the order determined by the Government of the Russian Federation.

Obligatory free and paid deposit copies of printed periodical publications shall be provided by the publishing organizations, including by those, released from registration, through printing houses and copying organizations upon the manufacture of the initial issue of the print in the amount and order, determined by the Federal Law “About obligatory copies of documents”.

Organizations, which publish periodical mass media outlets, shall refer their preparation, issue and distribution costs for the obligatory deposit copies to the cost of production of mass media outlets. Mail postage of the obligatory free and paid deposit copies shall be conducted with 50-per cent discount according to the tariffs, specified for the state budgeted organizations.

Federal registering agency shall oblige the publishing organizations to send paid obligatory deposit copies to other organizations.

State broadcasting licensing for the Television and Radio broadcasting is conducted in order to protect conscientious competition and to provide rational use of limited natural resource - radio frequency spectrum.

The order of provision, continuation, discontinuation and abrogation of broadcasting licenses shall be determined by the legislation of Russian Federation about mass media.

The person, owning TV and/or Radio program as the registered audio and/or audiovisual mass media outlet has the right to request receipt broadcasting license to receive access:

To radio frequencies (ground-based broadcasting and satellite broadcasting);

To the land lots and communicational networks of common access, which are not alienable to his property (cable broadcasting).

Political party, movement, religious organization, advertising agency have no right to claim receipt of the license for broadcasting directly or through affiliates. Foreign physical or legal entity has no right to claim receipt of the license for broadcasting, but has the right to own or control up to twenty five per cent of the shares of the organization, possessing the license for broadcasting.

Federal Television and Radio broadcasting commission elaborates state policies in the area of licensing of TV and Radio broadcasting and implements it through territorial broadcasting commissions.

The order of forming and activities of the Federal Television and Radio broadcasting commission as well as the territorial commissions is determined by the federal law.

Broadcasting licenses shall be issued by the Federal Television and Radio Broadcasting Commission and territorial commissions.

The broadcasting licenses shall give to its holder the right to disseminate mass media products registered in keeping with the present Law by using the technical means of air or cable television or radio broadcasting, including that owned by him subject to the observance of the license terms.

Licenses for ground-based broadcasting and satellite broadcasting shall be issued in a result of contest, and in cases, if nobody else has submitted requests for this resource in the period of three months after publication of the information about possibility to use such resource for broadcasting needs - without any contest.

Broadcasting licenses are issued on the basis of the objective, non-discriminatory, detailed, transparent and proportionate selection criteria, which considers the need of promoting the competitive environment and satisfying the consumer’s needs.

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.

The broadcasting license, beside conditions stipulated in various statements of the Russian Legislation about mass media may include following license conditions:

About providing information, required to control conformance with license conditions as well as for statistical needs;

About measures, to prevent unfair competition on the mass media market;

Conditions, related with the efficient use of natural resources provided;

Conditions, related with protection of the audience interests;

About providing services to fire-fighting and other emergency services;

Conditions, related with the use of land lots, placement and use of the equipment and communications;

Conditions, directed to limit concentration in the mass media environment;

Requirements, related with the quality and access to the broadcasting.

Broadcaster, which has the license that includes access to the communication networks of common access shall guarantee delivery of the state and municipal TV and/or Radio programs broadcast on this territory by the means of ground based broadcasting to the audience.

No broadcaster has the right to broadcast on the basis of the exclusive rights the events of the greatest public importance in such a way, so that largest part of the audience would not have the possibility to follow their development in the real time mode, or in recording through free-of-charge TV channels.

With consideration of information, educational, cultural and entertaining responsibilities of the broadcaster before the audience, license may include the responsibility to provide time, within time-frame specified by the Federal Law, and excluding time for analytical, sports and game programs, as well as TV sales - for broadcasting of audiovisual products of the following description:

Domestically produced - forty per cent;

CIS produced^{* - twenty per cent;}

Produced in other European Countries* - twenty per cent.

The concession of a broadcasting license to another person shall be allowed only with the consent of the agency that has issued it with the appropriate reissuing of the license.

The Government of the Russian Federation shall establish the amounts and the order of collection of broadcasting license fees, as well as the reissuing of the license.

License shall be cancelled in the following cases:

1) if it was received by fraud;

2) if license terms have been repeatedly broken or the rules for disseminating radio and TV programs, provided for by the present Law, have been violated, in connection with which warnings have been made in written form;

3) if the broadcasting commission has ascertained the fact of concealed concession of a license;

4) if the Television and Radio commission has established a fact of violation of provisions about limitation of concentration in the mass-information environment, established by the present Federal Law.

The federal law, related to the Russian Federation mass media legislation may define additional basis for cancellation of the broadcasting license.

License cancellation shall be conducted by the court of law in the order of civil legal proceedings under the legal suit of the Television and Radio broadcasting commission.

When a license has been cancelled, the payment for it shall not be returned.

It is prohibited to jam the broadcasting, conducted according to the present Federal Law.

The creation of jamming that prevents the sure reception of radio and TV programs by spreading artificial jamming 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.

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 broadcasts recorded and aired;

- to fix broadcast that have gone on air in their registration log;

The registration log shall indicate the date and time of going on air, the topic of a program, its author, announcer and participants.

The terms of storekeeping shall be as follows:

- for broadcast materials-not less than one month since the day of going on air;

- for the registration log-not less than one year since the date of the latest entry in it.

The editorial office shall be obliged to publish free of charge and in the prescribed period:

- the court’s decision that has come into force and contains the demand for its publication in a given mass medium;

- the report on the functioning of an editorial office, received from the agency that has registered this mass medium;

- Statements, obligatory publication of which is established by the legislation of Russian Federation about elections and referendums.

Organizations, issuing state and municipal mass media, shall publish documents, statements, and materials of the state agencies and local government agencies in the order, determined by the Federal Law "About the order of coverage of the State Authorities’ activities in the state mass media" and other laws.

Dissemination of advertising in mass media shall be carried on according to the rules set by the present Federal Law and by the legislation of the Russian Federation on advertising.

Distribution of specialized radio and television programs of erotic character, as well as individual programs, containing scenes of erotic character, without signal coding shall be allowed only in the time period from 23 hours p.m. to 4 a.m., local time, unless otherwise was stipulated by the local administration in relation to the programs, distributed exclusively in the territory of the particular municipal establishment.

Before the beginning of broadcasting the programs or telecasts, containing erotic scenes, broadcaster shall provide audible of text warning, informing about erotic character of the program, following such warning and about undesirability of its viewing by viewers, which did not reach the age of 16.

Person, issuing the television and radio programs shall specify, which programs are of erotic character, and warn about the undesirability of their viewing by viewers, which did not reach the age of 16.

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.

Specially designed premises can not be located closer than five hundred meters from educational and pre-school facilities, youth centers, mass recreation facilities, and places for religious practices.

Trade in specially designed premises shall deal only with items, directly related with satisfaction of sexual needs of a person.

It is prohibited to involve people younger than 18 years old to dissemination and selling mass media products of erotic character.

The advertising of mass media products of erotic character, which reproduces fragments of their content, as well as advertising of the organizations, dealing with distribution of such products is allowed only in mass media of erotic character.

Broadcaster has the right to place the advertising, which contains erotic scenes without signal coding, exclusively from 23 hours p.m. till 4 a.m. local time.

Through mass media private citizens shall have the right to the operative receipt of authentic information about the activities of:

State authorities, local administration and their officials;

People, elected or appointed to the state agencies, local government agencies;

Organizations, founded by the state agencies, local government agency;

Political parties, civil and religious organizations, and their officials.

Agencies, organizations, associations and persons, listed in the first part of the present article shall inform the public about their activities by conducting press-conferences, dissemination of the information and statistical materials, in other forms, and also they shall provide mass media with information requested by their editorial offices not later, than in seven day period.

Editor-in-chief and/or journalist have the right to request information about the activities of the agencies, organizations and associations, listed in the first part of the article 55 of the present Federal law. The requested information shall be presented by the press clipping services of the listed agencies and organizations, and in case of their unavailability - by the top managers of such agencies and organizations or other authorized persons in the boundaries of their competence.

Editor-in-chief and journalist have the right to request information about activities of the persons, listed in the first part of the article 55 of the present Federal Law. The requested information shall be provided by the people, who were recipients of such requests, or their authorized representatives.

The request for information is possible both in oral and written forms.

Refusal to submit requested information is possible if only the latter contains the information comprising state or any other secret specially protected by the law.

A notification about the refusal shall be handed over to the editor-in-chief, journalist or their authorized representative in the same form, which was used in the initial request within three days from the day of its receipt.

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.

A delay in submitting requested information is possible, if the required data cannot be presented within seven days. A notification about the delay shall be handed over to the editor-in-chief, journalist or their representative in the same form, which was used in the initial request within three days from the day of its receipt.

The notification shall indicate:

1) the reasons why the requested information cannot be presented within seven days;

2) the date on which requested information will be presented;

3) the official who fixed the delay;

4) the date of decision-taking on the refusal.

Editor-in-chief, journalist, organization, producing mass media, have no right to disclose in the distributed announcements the information, provided by the person with the precondition of preservation its confidentiality.

Editor-in-chief, journalist, organization, producing mass media, shall not disclose the source of information or the name of the person, who provided them such information with the precondition of preserving his personal secrecy except for cases, when such request was received from the court of law in connection with the legal suit being reviewed.

Information, which allows to identify the source of information, represents the secret, specially protected by the present Federal Law.

Editor-in-chief, journalist, organization, producing mass media, shall not have the right to divulge in distributed reports and materials the information, that directly or indirectly points to the identity of a minor who is found a victim, or who conducted a crime or is suspected in so doing, as well as one who committed a juvenile delinquency or a misdemeanor, without permission of the minor and (or) his/her legitimate representative.

Organization, producing mass media shall observe the rights to the used works, including copyrights, the rights of publication and other rights to intellectual property. The author or any other person who possesses the right to a work may stipulate the special terms and character of using the work he presents to the editorial office.

The copyright for the work, created by the editorial staff worker in the course of fulfilling his work duties or the editorial task (official work), belongs to the author. Exclusive rights to use such work belong to the organization, issuing the mass medium with which the journalist has work relations, unless the contract concluded by the chief editor with the journalist according to the present Federal Law, has not provided otherwise. The size of the author’s fee for each use of the official work and the order of paying thereof are determined by the contract.

Organization, producing mass media, has the right, in every use of the official work to indicate its name, or to require such specification.

Exclusive rights to use the periodical mass medium in general, as the object of intellectual property rights belong to the organization, which issues such mass medium, unless the agreement with the owner of mass medium has not provided otherwise. Possessor of the rights for the intellectual property has the right, every time his periodical mass medium is used, to indicate its name or to require such specification.

The authors of works, published in periodical mass medium, excluding official works, retain exclusive rights for use of their works irrespective to the mass medium as whole.

The letter addressed to an editorial office may be used in reports and materials of this mass media outlet, unless its meaning is distorted and the provisions of the present law are violated. Organization, producing mass media shall not be obliged to answer the letters sent by private citizens and to send these letters to the organs, organizations and officials which are competent to consider them. Complaints, addresses and announcements of private citizens, received from the organizations, issuing mass media outlets, are reviewed in the state governance agencies and in local administrations in the same order and within same terms, as other written addresses from citizens.

Nobody has the right to oblige the organization, issuing mass medium to publish the work, letter and other information, declined by it, unless present Federal Law provides otherwise.

A private citizen shall have the right, including by court proceeding, to demand from the editorial office disproof of information that does not correspond to the reality and denigrates his honor and dignity and that was spread by this mass medium. The same right shall belong to the lawful representatives of the person in case of his/her death.

If the organization, producing mass media, does not possess evidence of the fact that the information it has disseminated corresponds to the reality, it shall be obliged to refute this information in the same mass medium.

If a private citizen has submitted the text of refutation, this text shall be subject to dissemination provided it complies with the requirements of the present Law. The radio or television broadcaster, which is obliged to spread the refutation, may enable the person who demanded the refutation to read out his own text and transit it in transcription.

The rules of the present Federal Law about protection of the business reputation of the citizen are respectively applied to the protection of the business reputation of the legal entity.

The refutation shall indicate which information does not correspond to the reality, when and how it was spread by this mass medium.

Refutation published in a printed periodical 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 a day and, as a rule, in the same program that the refuted report or material was transmitted.

The size of refutation may not exceed twice as much the size of the refuted fragment of the report or material. It shall not be demanded that the text of the refutation be shorter than one standard page of the typewritten text (1800 symbols). The refutation transmitted over radio or television shall not take up less airtime than is required for the announcer to read out one standard page of the typewritten text.

The refutation shall follow:

1) in mass media that are to be published or go on air at least one time in a week during ten days since the receipt of the demand about the refutation or of its text;

2) in other mass media, in the prepared or in the next planned issue.

During one month since the day of receipt of the demand for refutation or its text the editorial office shall be obliged to notify in written form the interested person about the supposed time-limit of the dissemination of the refutation or about the refusal of its spread with the specification of the grounds for the refusal.

If the decision, obliging the editorial office to disseminate the refutation was accepted by the court, in this case refutation has to follow in terms defined by the court decision.

If the court decision is not fulfilled, the court shall have the right to impose a fine against such editorial office, in the amount and order, specified by the remedial legislation, for the profit of Russian Federation. The payment of fines does not release the editorial office from the responsibility to fulfill previously provided court decision. Repeated nonfulfillment by chief-in-editor of the court decision, which has already came in force may lead to criminal prosecution.

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 the Article 4 of the present Law;

2) contradicts the court’s decision that has entered into legal force;

3) is anonymous.

The refutation may be denied:

1) if some agency disproves the information that has been disproved by this mass medium;

2) if the demand for refutation or the submitted text was received by the editorial office upon the expiration of one year since the day of the spread of the refuted information by this mass medium.

The refusal of refutation or the infringement of the order established by the present 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 procedure legislation of the Russian Federation.

To the request of the citizen or the legal entity about protection of the personal non-property rights, the limitation of action is not applied, except for cases, provided by the law.

A private citizen, in respect of whom a mass medium has spread information that runs counter to the reality or impinges on the rights and lawful interests of the citizen, shall have the right for the answer (commentary or retort) in the same mass medium.

The rules contained in Articles 60-62 of the present Law shall be applicable to the answer or refusal to this reply.

The answer to the reply shall be featured at least in the next issue of a mass medium. This rule shall not extend to editorial commentaries.

In case factual mistakes will be discovered, including distortion of the name of private person in the materials, published in mass media, editor-in-chief shall, at his own initiative, or by the requirement of the interested party distribute the correction in the same mass medium. Refusal to distribute the correction may be contested in the court of law.

Organization, producing mass media, shall have the right to require from the head of the corresponding agency of authority of the local administration to provide answer to the material, distributed in this mass medium which contains information about breach, nonfulfillment or improper fulfillment by the subordinate or the employee of the state or municipal organization, of the law or any other normative legal act, and the court decision which has already came in force.

Heads of the state authorities and local administrations shall review the material, text or the copies of distributed material falling under influence of the fifth part of the present article, not later than three days from the moment of receiving it from the organization, issuing the mass medium, and in the period of two weeks shall send the answer about results of reviewing of this material.

The Journalist shall have the right to:

1) to look for, inquire, receive and spread information;

2) to visit state organs, organizations and associations listed in the first part of the article 55 of the present Federal law, or their press-services;

3) to be received as a top priority visitor by the official authorities and other persons, listed in the first part of the article 55 of the present Federal Law, in connection with the inquiry for information;

4) to get access to documents and materials, with the exception of their fragments containing information comprising a state, commercial or any other specially law-protected secret;

5) to copy, publish, announce or reproduce by any other method documents and materials with the precondition of observing the intellectual property rights;

6) to make recordings with the use of audio- and video-equipment, photography and cinematography, except for the cases provided for by 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 verify the authenticity of the information, materials and documents he or she has received;

9) to express his or her personal judgments and assessments in reports and materials intended for dissemination under his or her signature;

10) to refuse to prepare under his or her signature reports and materials inconsistent with his or her convictions;

11) 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 or stipulate in any other way the conditions and character of using this report or material in correspondence with the rules stipulated in the Article 59 of the present Federal Law;

12) to spread reports and materials he or she prepared under his or her signature, under pseudonym or without any signature.

While conducting lawful professional activities, journalist shall have the right to undertake justified risk of infringing the interests protected by the criminal law with the objective to achieve goals useful to the society.

Journalist uses other rights, provided to him by the legislation of Russian Federation about mass media.

The organizations, issuing registered mass media, shall have the right to address to the agencies, organizations and associations listed in the first part of the article 55 of the present Federal Law, with the request to receive accreditation for their journalists.

Providing of the accreditation shall not depend from any compromises on the side of the journalist, which could limit his rights and freedoms. Agencies, organizations and associations, which shall receive the requests for accreditation, are obliged to provide accreditation for the declared journalists with the condition, that the accreditation rules, stipulated by this agencies, organizations and associations will be observed.

Accreditation rules may contain justified norms (quotas), defining the number of journalists, receiving accreditation from one organization, issuing periodical mass medium, TV and Radio broadcasting companies, information agencies. Establishing such norms shall be conducted on the basis of principals of openness, rationality, equality and justice, in order to provide realization of the rights of audience for receiving socially significant information through maximum number of mass media.

The rules of accreditation cannot contain any additional requirements to accredited journalists besides following out of provisions of the present Federal Law.

Accreditation shall simplify to the journalists fulfillment of their professional duties and cannot be used with the objective of limiting freedom of their movement or access to the information.

The organizations, companies and associations, which have accredited journalists, shall inform them about meetings, sessions and other events in advance and provide them with records, protocols and other documents, create favorable conditions for making records and transferring information to the editorial office, render assistance in organizing of the individual meetings and interviews with the representatives of authorities.

Accredited journalist has the right to be present on the meetings, sessions and other events conducted by the accrediting agencies, organizations and associations, unless the decision was made to conduct closed meeting. Accredited journalists shall respect the rules of internal order, determined by the accrediting agencies, organizations and associations, and not to make any interference to their activities.

Journalist can be deprived of accreditation, if he or she of the organization, issuing the mass medium, have infringed the specified rules of accreditation or they have distributed information, which does not correspond to the reality, and defames the business reputation of the organization, accrediting the journalist, if the fact of doing so was confirmed by the court decision, which cane in force.

Accreditation of own correspondents of federal, inter-regional and regional mass media shall be conducted according to the requirements of the present articles.

The Journalist shall be obliged:

1) to observe the Charter of the organization, issuing the mass medium, with which he maintains labor relations, stipulated by the contract, concluded with the editor-in-chief;

2) to verify the authenticity of the information, distributed from his name in materials, he prepares for publication;

3) to satisfy the requests of the persons who submitted information concerning the specification of its source, and also the authorization of a cited pronouncement, if it is made public for the first time;

4) to preserve the confidential character of information and (or) its source except for cases, when the requirement to disclose the source of information came from the court of law in connection with the active legal suit;

5) to receive the consent (except for cases, when it is required for protection of public interests) for distribution in mass media of the information about private life of the person from the person himself or from his representatives;

6) after receiving the information from the private persons and officials inform them about audio and video recordings as well as about photo and cinematographer recording;

7) to inform the editor-in-chief about possible suits and the presentation of other goals stipulated by the law in connection with the spread of the material prepared by him;

8) to decline the assignment given to him by the editor-in-chief or his editorial office, if its fulfillment involves the infringement of law;

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.

The journalist shall also bear other duties established by the legislation of the Russian Federation on mass media.

In his professional activities the journalist shall be obliged to respect the rights, lawful interests, the honor and dignity, and business reputation of private citizens and organizations.

The State shall guarantee to the journalist, who carries on his professional activities, the protection of his honor, dignity, health, life and property as a person discharging his civil duty and pursuing publicly useful objectives.

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) if this does not infringe the constitutional rights and freedoms of man and citizen; or

2) if this is necessary to protect public interests and if measures have been taken to prevent a possible identification of outside persons; or

3) if the record is demonstrated by decision of a court of law.

Article 68. Prohibition of Abusing the Journalist’s Rights

It is prohibited to abuse the journalist’s rights stipulated by the present Federal Law for the selfish purposes, to get even with some agency, and also with the purpose of concealment or falsification of publicly significant information, for dissemination of gossips under the pretence of real information, to collect information for the advantage of the foreign entity or the organization, which is not the mass medium.

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.

The professional status of the journalist, established by the present Federal Law, shall extend to:

- staff workers of the editorial offices engaged in editing, writing, collecting or preparing the messages for the mass medium released from registration according to the requirements of the present Federal Law, whose production is distributed exclusively in the territory on one organization;

- non-staff employees of the organization, issuing the registered mass medium, which are not in the list of this company and are not bound with it by the relations of constant cooperation as correspondents, doing the editorial work, creation, collection or preparation of information on the instructions of the editorial office;

- citizens, involved in journalistic activities on the basis of individual business activities and having the document, which confirms their journalistic authorities.

The self-governing agencies in the area of mass communication - public organizations, their associations and unions of legal entities:

Can be attracted to participation in development of normative legal acts;

Conduct independent expertise of the materials and information published in mass media to determine their correspondence to the requirements of the legislation of Russian Federation about mass media;

Attracted by the registering agencies to control conformance of the legislation of Russian Federation about mass media;

May send materials to the office of public prosecutor, address to the registering agencies, submit the legal suits in the officially defined order, to the arbitration courts in the interests of producers as well as consumers of the mass media products, including the unlimited number of such people, in case of infringement of their rights, provided by the legislation of the Russian Federation about mass media.

Self-governing agencies in the area of mass communication will develop rules of professional ethics for journalists. Fulfillment of the rules of professional ethics - is a moral obligation of the journalist. The disputes and complaints, related with infringement of the rights of professional ethics shall be resolved by the independent agencies.

Interstate cooperation in the area of mass communication shall be conducted on the basis of commonly accepted principals and norms of international rights, as well as international Treaties of Russian Federation.

Organizations, issuing mass media, as well as professional unions of journalists participate in the international cooperation in the area of mass communication on the basis of the agreements with the private citizens and legal entities of other countries, as well as with the international organizations.

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 made by the Russian Federation.

To disseminate the products of foreign printed periodical publication, i.e. not registered in Russian Federation and having the place of permanent residence of the owner, or the organization, issuing it outside of Russian territory, and also financed by the foreign states, legal entities or the citizens, it is necessary to receive the permission of the federal registering agency, agreed by the Ministry of Foreign Affairs of Russian Federation, unless another order of dissemination will not be defined by the international treaties of Russian Federation.

To re-broadcast production of foreign broadcaster it is not necessary to receive any permission, if it is conducted by the person, which has the broadcasting license, or in order to fulfill the international treaty of Russian Federation. The broadcaster is not considered to be a foreign one, if his managing agencies and/or agencies, responsible for program creation, are located in the territory of Russian Federation. In any case, broadcaster falls under jurisdiction of Russian Federation if he uses the frequency, provided by the Federal Commission on Television and Radio broadcasting, and/or uses satellite means or the resources of transferring the programs to the satellites, belonging to the Russian Federation.

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 made by the Russian Federation.

The foreign representative offices of mass media registered in the Russian Federation shall be set up in the order prescribed by the legislative acts of the Russian Federation and the host country, unless otherwise provided for by the interstate agreement made by the Russian Federation.

Accreditation in the Russian Federation of the foreign correspondents, i.e. journalists of the foreign mass media, is conducted by the Ministry of Foreign Affairs of Russian Federation in the order, determined by the Government of Russian Federation according to the article 65 of the present Federal Law.

Foreign correspondents, accredited in the Russian Federation in this quality, irrespective to their citizenship shall be covered by the professional status of journalist, determined by the present Federal Law. Foreign correspondents, not accredited in the Russian Federation in this quality, are not covered by the professional status of journalist, determined by the present Federal Law.

The Government of the Russian Federation may introduce retaliatory restrictions with regard to mass media correspondents of the State where there are special limitations on the professional activities of the journalists of the mass media registered in the Russian Federation.

Foreign correspondents of the mass media registered in the Russian Federation, shall enjoy, regardless of their citizenship, the rights and duties of the journalist established by the present Law, unless this runs counter to the legislation of the host country.

Broadcasting of the television programs, conducted from the territory of Russian Federation, is considered to be transboundary, if the broadcast programs will be received, directly or indirectly, at least in one other foreign country.

Transboundary television broadcasting shall be conducted in accordance with regulations, determined by the present Federal Law, as well as with the international agreements of Russian Federation.

Broadcaster, which conducts transboundary broadcasting, shall create conditions so that all the elements of TV programs, their representation and content would not contradict the personal dignity or the main human rights and freedoms, and the information programs - fairly represent facts and comments, encourage free forming of opinions. All programs, which could cause damage to the physical, mental or moral development of children and teenagers, may be broadcast without signal coding exclusively in such period of time, which is determined by the first part of the article 54 of the present Federal Law.

Broadcaster, which conducts transboundary broadcasting, shall not have the right to use more than twenty per cent of the air time, including in the framework of one hour, for placement of all types of advertisement and TV trade. With this, total volume of advertising shall not exceed fifteen per cent of time of daily programs. The inserts, assigned for the TV trade, shall not exceed fifteen minutes and shall be broadcast not often than eight times a day.

Responsibility for breaching the legislation of Russian Federation about mass media can be imposed on the founders of mass media, their owners, organizations issuing them, TV and Radio broadcasters, distributors, state agencies, local government agencies, public and religious organizations, organizations established by them, officials, journalists, authors of the distributed materials.

Editor-in-chief, journalist, organization, producing mass media, are not responsible for distribution of materials, which do not correspond to the reality and defame the dignity and business reputation of the citizens, or organizations, or infringe the rights and legal interests of the citizens, or represent abuse the freedom of mass-information and/or rights of journalist, if such materials:

1) present in the obligatory announcements;

2) received from information agencies;

3) contained in the answer to the request for information;

4) contained in the materials distributed with the purpose to inform the public from the agencies, organizations, unions and persons, listed in the first part of the article 55 of the present Federal Law, and their press-services and representatives;

5) are literal and/or conscientious reproduction of the fragments of speeches:

made by the persons, elected or appointed to the state agencies or the local government agencies- on the sessions or meeting of such agencies, or in other public places;

made by the persons, taking elected positions, including temporary ones, in the public and religious organizations - at the meetings of the managing agencies of such managing agencies in these associations, or in other public places;

made by authorities in the state agencies, local government agencies, organizations, public and religious associations, made in connection with their public activities;

6) are part of the author’s works, including author’s information-analytical programs, broadcast without preliminary registration;

7) are contained in the texts, which are not subject to editing according to the present according to the present Federal Law;

8) if they are literal and/or conscientious reproduction of announcement or their fragments, disseminated by another organization, issuing mass media, which could be determined and brought to responsibility for such infringement of the legislation of Russian Federation about mass media.

In case of unpremeditated disclosure in mass medium of the state, commercial or other specially law protected secret, responsibility shall be laid upon persons, who have transferred such confidential information to the editor-in-chief or to the journalist. Editor-in-chief and journalist, not having the official written notification about presence of confidential information in the materials, received by them, are not responsible for its disclosure.

Provisions of the clauses 1 and 2 of the present article cover also founder and owner of the mass medium, because present Federal Law, Charter of the organization, issuing the mass medium, or the agreement instead of it provides the possibility of their interference in the activity of mass medium.

The infringement of the freedom of mass communication, that is, prevention in any form by the individuals, officials of state organs and organizations, and public associations of the lawful activity of the founders, editorial offices, publishers and distributors of mass media products, and also by journalists by means of:

- censorship;

- interference in the activity and breach of the professional independence of the editorial office;

- illegal termination or suspension of the functioning of a mass medium;

- breach of the right of the editorial office, editor-in-chief, journalist in reply to the inquiry and receipt of information;

- illegal seizure and also destruction of the print or part thereof;

- compulsion of journalists to spread information or to refuse to spread it;

- establishment of limitations on the contracts with journalists and transfer of information to them, except for the data comprising state, or any other specially law-protected secret;

- breach of the rights of journalists established by the present Law, -

shall entail criminal, administrative, disciplinary or any other responsibility in accordance with the legislation of the Russian Federation.

The identification of organs, organizations, institutions or officials whose functions cover censorship of mass communication shall entail the immediate termination of their financing and their liquidation in the order prescribed by the legislation of the Russian Federation.

Abuses of the freedom of mass communication expressed in the breaches of the requirements of Article 4 of the present law shall entail criminal, administrative, disciplinary or any other responsibility in conformity with the legislation of the Russian Federation.

Abuses of the rights of the journalists expressed in the breaches of the requirements of Articles 67 and 68 of the present Federal Law shall entail criminal or disciplinary responsibility in accordance with the legislation of the Russian Federation.

Breach of the legislation of Russian Federation on Mass media, expressed in:

the foundation of a mass medium through a false person, the receipt of information about registration or of a license for broadcasting by fraud, the hidden concession of a license, the evasion of the payment of a circulation or increased registration fee, and the illegal receipt of privileges instituted for specialized mass media;

the illegal manufacture of products of mass media without their registration or after the adoption of a decision on the termination or suspension of their activities, the evasion of re-registration, and also the presentation of requirements not provided for by the present Federal Law during registration;

the prevention of the legal production or distribution of the products of mass media, the introduction of illegal restrictions on the retail sale of the printing of a periodical publication’;

the illegal dissemination of products of mass media without their registration or after the adoption of a decision on the termination or suspension of their activities, or without the permission to be published (or to go on air), the illegal commercial dissemination, and the broadcasting without a license or with the infringement of license terms;

the violation of the rules for spreading the obligatory reports, advertisement, erotic publications and programs;

the violation of the order of declaring imprints, submitting obligatory deposit copies, and storing TV and radio broadcasting materials;

the creation of artificial jamming that prevents the stable reception of radio and TV programs,

- shall entail criminal, administrative, disciplinary or any other responsibility according with the legislation of the Russian Federation.

In accordance with the civil and civil-procedure legislation of the Russian Federation the following actions may be appealed with a court of law:

1) the refusal to register mass media, the violation by the registration agency of the order and terms of registration, warning made by the registering agency, other illegal actions of the registration agency;

2) the decision of the commission for TV and radio broadcasting about warning to the broadcaster;

3) the refusal to submit requested information or the delay in its submission, or the non-observance of the requirements of Article 57 of the present law by officials, press-service workers of state organs, organizations, institutions, enterprises, and the organs of public and religious associations, or the organizations established by them;

4) the refusal to accredit journalists, their deprivation of accreditation, and also the infringement of their rights;

5) nonfulfillment by the head of the state agency or the local administration of the requirements of the sixth part of the article 63 of the present Federal Law.

If the court of law recognizes the appealed decision of action (non-action) as illegal, it shall pass its decision on the validity of a complaint and the duty to remove the committed infringement and compensate the losses, including the lost income incurred by the founder, owner, organization, issuing the mass medium, broadcaster.

Citizen, whose honor and dignity as well as business reputation have been infringed as a result of spread of information in mass media, shall have the right along with denunciation of such information to require compensation of losses and moral damage, caused by such spread. Moral damage will be compensated by the decision of the court of law by the causing party in the amount, determined by the court depending from the character of the physical and moral sufferings caused to the aggrieved person and with consideration of the requirements of reasonableness and justice.