The Republic of Uzbekistan
The Law on the Mass Media
Article 1. The mass media
The mass media are newspapers, magazines, journals,
bulletins, news agencies, television (including cable, and broadcasting and
cable television) and radio stations, documentary films, electronic information
media, and other mass state and independent periodicals, which are published
under a permanent name.
Article 2. Freedom of speech and the mass media.
Mass media in the Republic of Uzbekistan. are free and
operate in accordance with the Constitution of the Republic of Uzbekistan, this
law and other legislative acts. The
mass media have the right to search for, receive and disseminate information,
and are responsible for truthfulness and trustworthiness of aired or published
information in accordance with legislation.
Article 3. Freedom of speech.
Each citizen has the right to be published or broadcast,
and openly express own opinion and convictions.
Article 4. Inadmissibility of censorship.
Censorship of the mass media is inadmissible in the
Republic of Uzbekistan . Nobody has the right to demand prior approval of
reports or materials to be published or broadcast, or to demand alterations in
the text or withdraw them from publication or broadcasting.
Article 5. Language of the mass media.
The mass media in the Republic of Uzbekistan shall carry
out their activities in accordance with the Law On the State Language.
Article 6. Inadmissibility of abusing freedom of speech.
The mass media cannot be used to call for forcible
changing of the existing constitutional order, territorial integrity of the
Republic of Uzbekistan., to propagate war and violence, cruelty, racial,
ethnic, and religious hostility, to divulge state of other protected by the law
secrets, for other activities entailing sanctions under the criminal code. It is forbidden to publish preliminary
investigation materials without written consent of a prosecutor or an
investigator; to name a source of information if the latter was given
confidentially (except in case when it is demanded by court);to predict outcome
of a specific court trial before court passes it's verdict or in other way
influence on court before it's ruling or sentence comes into legal force.
Article 7. Editorial staff of the mass media.
Editorial staff of the mass media shall be formed by the
founder and act in accordance with these laws, and it's own rules
(regulations).
Article 8. An editorial staff of the mass media.
A member of the editorial staff of the mass media is a
person included in the mass media staff and engaged in gathering, analyzing,
editing and preparing materials.
Article 9.
Journalist’s investigation.
An editorial staff has the right
to study and investigate into an event or circumstances he has been informed
about or learned from other sources, or himself witnessed; to use audio or
video-recording equipment in gathering information, witnesses' testimonies. The investigation should not influence on
course of an investigation or court process.
An editorial staff has the right to make public own opinion on a
specific event, circumstances, or case are not complete, after a court verdict
or sentence comes into legal force to make public as own opinion journalist's
suggestions and facts.
Article 10. Confidentiality of a
source of information.
The mass media have no right to
divulge the name of a source, which has provided information, data, evidences,
and proofs without their written consent.
The mass media can at the request of a source of information or an
author working under a pseudonym represent them in court.
Article 11. The right to set up
the mass media.
The right to set up the mass
media is enjoyed by legal and natural persons of the Republic of
Uzbekistan. The mass media can be set
up by more than one founder.
Article 12. The registration of the mass media.
Editorial staff of the mass media can start carrying out
its activities after receiving a registration certificate. An application for registration of the mass
media shall be submitted in the established order by the founder to the
organization authorized by the government of the Republic of Uzbekistan. The application for registration shall be
considered within a month since the date of submission. The registration gives the mass media to
operate during three months since the day of issue of a certificate of
registration. In case during the said
period a mass media publishes or broadcasts not a single issue its registration
certificate shall be deemed void.
Article 13. Application for
registration of the mass media.
The application for registration
of the mass media organization should specify its: 1. Founder (s); 2. Name,
working language (s), and legal address; 3. Aims and tasks; 4. Supposed
readership (viewership, audience); 5. Supposed periodicity of publication or
broadcast, volume of the publication, sources of funding, material and
technical supply. If the said data
change the mass media are obliged to re-register them in the established
order. In case if these changes are not
essential the registration organization could make a decision that it is not necessary
to re-register this mass media organization.
Registration and re-registration fee shall be levied in the order and
size established by the government of the Republic of Uzbekistan.
Article 14. Dissemination of the
information without registration.
The state authority and
administration bodies which publish official normative or other documents,
journals or bulletins covering court practice, as well as enterprises,
establishments and organizations (including academic and scientific
institutions) which publish information materials necessary for their
activities have the right to disseminate information without registration. No registration required to produce by
technical means printed, audio and video material not intended for mass
dissemination, as well as to copy a manuscript, if law does not provide it.
Article 15. Refusal to register
the mass media.
Registration of a mass media
organization can be refused if. 1. Aims and tasks of a mass media organization
contradict the Constitution of the Republic of Uzbekistan and this law; 2.
There is an earlier registered mass media organization with the same name; 3. A
mass media organization has submitted the application earlier than after a year
since a court decision to cease its activity came into legal force. 4. The
founder or one of the founders of a mass media organization, or publisher is
based outside the Republic of Uzbekistan.
In case of the refuse to register the mass media organization the
applicant shall be sent a notification in written form with the specific
grounds of the refusal.
Article 16. Ceasing the mass
media’s broadcasting or publishing activity.
The mass media's broadcasting or publishing activity can
be ceased by a decision of the founded, the registering organization, or
court. In the event the founder decides
to cease broadcasting or publishing activity of a mass media organization its
editorial staff or editors (editor-in-chief), or an editorial staff member can
in accordance with Article 9 of this law set up a mass media organization with
the same name. In such case the mass
media shall be re-registered.
Article 17. Procedure for appealing against the refusal to
register a mass media organization and the decision to cease its activity.
The founder or editorial staff can appeal to court against
a state organization's refusal to register their mass media or its decision to
cease their activities.
Article 18. Rules (regulations) of the mass media.
The mass media shall carry out their activities under
rules (regulations) approved by the founder.
The rules (regulations) of the mass media shall be adopted at an
editorial staff meeting by the majority of votes provided the presence of the
two thirds of the staff, and shall be approved by the founder. The rules (regulations) define rights and
duties of the founder, editor (editor-in-chief) and the editorial staff
members; contain information about the mass media founder, name, working
language (s), address, kinds of activities and aims, sources of the editorial
staff s property, division of incomes (profits), and conditions for
reorganization and liquidation (ceasing) the operation. The rules (regulations) shall not contradict
the laws of the Republic of Uzbekistan.
Article 19. The mass media editor (editor-in-chief) and
editorial board.
Editor (editor-in-chief) shall manage the work of the
editorial board and staff of a mass media organization, represent it in relations with the founder. The procedure for appointing and dismissing
the editor (editor-in-chief) shall be defined in the rules (regulations). The editorial board shall be formed in the
order established by the rules (regulations) of the mass media. Operational, property, financial and other
relations between the founder, editorial staff and publisher of the mass media
shall be regulated on the basis of legislation.
Article 20. Sponsors’ participation in the mass media
activities.
Legal and natural persons of the Republic of Uzbekistan
can sponsor the mass media. Relations
between the mass media and sponsors shall be regulated by legislation. Sponsors are forbidden to interfere in the
mass media's and their staff's professional activities.
Article 21. Original information.
n. Every edition of the press periodicals shall
carry the following information:
1. The name of the publication;
2. The editorial office address;
3. The founder(s);
4. The surname,
first name and patronymic of the editor (editor-in-chief);
5. The
registration number of the periodical and the date
of its
publication, and, for newspapers, the time of permitting to and sending for
print;
6. The
post code , for periodicals distributed through the post offices;
7. The circulation;
8. The name and address of the publishing house;
Editorial staff of a television or radio station shall
every time it goes onto air or, if it broadcasts 24 hours a day,
not less than four times a day announce the mane of the station.
Article 22. Control and compulsory copies.
Free control copies of the press periodicals shall be sent
to the editorial office the founder and register body. The government of the Republic of Uzbekistan
shall define the list of the press periodicals to be sent compulsory copies.
Article 23. Keeping television and radio programs
recordings.
The editorial staff of
television and radio stations are obliged to keep recordings of their programs
during a month since they have been broadcast, and register in a special book live
programs specifying in the book the program's subject, date of the broadcast
(going onto air), its timing, and presenter's name and surname. The book for registering such programs shall
be kept during a year since the date of the last entry. Programs of historic, cultural or other
importance shall be kept permanently in order established by legislation.
April 24. Procedure for
disseminating the mass media.
The mass media output can
be disseminated directly by the publisher or editorial staff or, on the basis
of contract, by a communication enterprise, or other legal and natural
persons. The mass media's every new edition
can be issued only after approval of the editor (editor-in-chief). The dissemination of the foreign mass media
output is based on the legislations and rules of the international agreements
of the Republic of Uzbekistan.
Article 25. Publication of
the official reports, information and statements.
The mass media founded by
the state authority and administration organizations are obliged to publish
these organizations' official reports.
Special reports on emergency situations or reports by authorized state
organizations aimed to inform the public shall be published or broadcast by all
the mass media. The editorial staff is
obliged to publish free of charge and on requested day court decisions which
have come into legal force and contain an instruction to be published by a
specific mass media organization. Any
other reports, information and statements shall be published or broadcast under
a contract with the editorial staff.
Article 26. Using author’s
materials or letters.
The mass media can use
journalistic, literary, and scientific works and works of the art in accordance
with legislation. In preparing for
publication reader's letters can be shortened or edited if this does not distort
the point of the letter. Nobody has the
right to oblige the mass media to make public a material disapproved by the
editorial staff, on the base of the law.
Article 27. The right to
refute and to reply.
A legal or natural person
have the right to demand that the editorial staff refute information it has
made public and which is not true and insult their honor and dignity. Legal and natural persons whose rights and
lawful interests have been abused as a result of the publication or broadcast
have the right to publish or broadcast refutation through the same mass
media. The refutation or the reply
shall be published in a special column or the same page as was the report being
refuted was published. It shall be
published in a newspaper not later than in a month since it was received, and
in other periodicals - in the next edition.
The text of the refutation or the reply sent to the editorial staff of a
television or radio station shall be aired in the same program or a series of
programs and not later than in a month since it was received. It is inadmissible to edit the text of a
well-reasoned and balanced reply, if its volume or broadcasting timing does not
disturb activities of the mass media.
Legal and natural persons have the right to bring an action in case the
mass media tries to avoid publication or broadcast of the refutation or reply,
or does not publish or broadcast it on a fixed day.
Article 28. Responsibility
for breaking the legislation on the mass media.
Persons found guilty in
breaking the legislation on the mass media shall be brought to account in the
established order. Editor
(editor-in-chief) and journalists do not bear responsibility for disseminating
through the mass media information not corresponding to the reality in cases
when information comes from official reports, or received from a news agency or
state organizations' press services, or voiced by somebody else in a live
program.
Article 29. Activity of representatives
of the foreign mass media in the Republic of Uzbekistan.
Representatives of the
foreign mass media shall carry out their activities in the Republic of
Uzbekistan after accreditation with the Ministry of Foreign Affairs of the
Republic of Uzbekistan. Legal status
and terms for carrying out professional work by representatives of the
foreign mass media accredited in. the Republic of
Uzbekistan are defined in legislation.
Article 30. International treaties.
If an international treaty of the Republic of Uzbekistan
establishes rules other than those envisaged in this law, the rules of that international treaty shall be
applied.