LAW OF THE REPUBLIC OF UZBEKISTAN ON INTRODUCING AMENDMENTS AND ADDENDA TO THE LAW OF THE REPUBLIC OF UZBEKISTAN ON MASS MEDIA
Unofficial translation prepared by the law firm "Legalmax" with preservation of the original style (without editing)
LAW OF THE REPUBLIC OF UZBEKISTAN
ON INTRODUCING AMENDMENTS AND ADDENDA TO THE LAW OF THE REPUBLIC OF UZBEKISTAN "ON MASS MEDIA"
ID-19914
Draft
LAW OF THE REPUBLIC OF UZBEKISTAN
ON INTRODUCING AMENDMENTS AND ADDENDA TO THE LAW OF THE REPUBLIC OF UZBEKISTAN "ON MASS MEDIA"
Article 1. Introduce amendments and addenda to the Law of the Republic of Uzbekistan dated December 26, 1997, No. 541-I "On Mass Media" (Bulletin of the Oliy Majlis of the Republic of Uzbekistan, 1998, No. 1, Art. 10; 2002, No. 9, Art. 165; 2003, No. 5, Art. 67; 2004, No. 1-2, Art. 18, No. 5, Art. 90; 2005, No. 1, Art. 18; Resolution of the Oliy Majlis of the Republic of Uzbekistan dated December 26, 1997, No. 541-I "On Enactment of the Law of the Republic of Uzbekistan 'On Mass Media'" (Bulletin of the Oliy Majlis of the Republic of Uzbekistan, 1998, No. 1, Art. 11); Law of the Republic of Uzbekistan dated January 15, 2007, No. ZRU-78 "On Introducing Amendments and Addenda to the Law of the Republic of Uzbekistan 'On Mass Media'" (Collection of Legislation of the Republic of Uzbekistan, 2007, No. 3, Art. 20; National Database of Legislation, 04.19.2018, No. 03/18/476/1087), Law of the Republic of Uzbekistan dated April 18, 2018, No. ZRU-476 "On Introducing Amendments and Addenda to Certain Legislative Acts of the Republic of Uzbekistan" (National Database of Legislation, 04.19.2018, No. 03/18/476/1087) by approving its new wording (attached).
Article 2. The Ministry of Justice of the Republic of Uzbekistan and other interested organizations shall ensure the execution, communication to executors, and explanation among the population of the essence and significance of this Law.
Article 3. The Cabinet of Ministers of the Republic of Uzbekistan shall:
bring government decisions into compliance with this Law;
ensure the revision and repeal by state administration bodies of their normative legal acts that contradict this Law.
Article 4. This Law shall enter into force on the day of its official publication.
President of the Republic of Uzbekistan SH. MIRZIYOYEV
LAW OF THE REPUBLIC OF UZBEKISTAN
On Mass Media
(new edition)
Chapter 1. General Provisions
Article 1. Purpose of this Law
The purpose of this Law is to regulate relations in the field of mass media activities.
Article 2. Scope of this Law
This Law applies to mass media created and operating in the Republic of Uzbekistan, as well as to foreign mass media in the part concerning the dissemination of their products on the territory of the Republic of Uzbekistan.
Article 3. Legislation on Mass Media
Legislation on mass media consists of this Law and other legislative acts.
If an international treaty of the Republic of Uzbekistan establishes rules other than those provided for by the legislation of the Republic of Uzbekistan on mass media, then the rules of the international treaty shall apply.
Article 4. Basic Concepts
In this Law, the following basic concepts are used:
Mass medium – a form of periodic dissemination of mass information registered in the established notification procedure, having a permanent name and published, broadcast, or released (hereinafter referred to as — issue) at least once every six months in printed form (newspapers, magazines, gazettes, bulletins, and others) and (or) electronic form (TV, radio, video, newsreel programs, websites on the global information network Internet), and other forms of periodic dissemination of mass information;
mass media product – the circulation or part of the circulation of a separate issue of a periodic printed publication or a separate issue of a TV, radio, or newsreel program; any other form of issue of a periodic dissemination of a mass medium in electronic form is a mass media product;
special notification – an application by the founder to the authorized state body in written or electronic form via an information system to inform about the commencement of mass media activities.
editor-in-chief – a person authorized to lead the editorial board and release the mass medium, responsible for the activities of the mass media in accordance with the legislation, and also acting in court on behalf of the editorial office; periodic printed publication – a newspaper, magazine, almanac, bulletin, and other information publication having a permanent name, a current number, and issued at least once every six months;
mass media monitoring – the process of analyzing the compliance of disseminated mass media products with the legislation of the Republic of Uzbekistan;
dissemination of mass media products – distribution (sale, subscription, delivery) of periodic publications, broadcasting of radio and TV programs, placing of mass media products on the global information network Internet;
official message – information provided by state power and administration bodies for the purpose of dissemination in mass media;
distributor – an individual or legal entity that distributes mass media with the consent of the author, publisher, or on other legal grounds based on an agreement;
editorial staff member - a person who has concluded a labor contract or a contract for the provision of paid services with the editorial office, engaged in collecting, analyzing, editing, and preparing materials;
false information – information, messages, and (or) materials, the authenticity of which has not been verified by the mass media;
insult via mass media – dissemination in any form of mass media products aimed at intentionally insulting the honor and dignity of a person, as well as comments thereto;
censorship – preliminary approval of messages and materials by mass media with state bodies, officials, and other organizations at their request or on other grounds for the purpose of limiting or prohibiting the dissemination of messages and materials or their separate parts, including changing the text of messages and materials or forcing the mass medium to comply with their requirements.
Article 5. Authorized State Body in the Field of Mass Media Activities
The Agency of Information and Mass Communications under the Administration of the President of the Republic of Uzbekistan is the authorized state body in the field of mass media activities (hereinafter referred to as the authorized state body).
The authorized state body:
implements a unified state policy in the field of mass media activities;
registers mass media;
maintains a register of registered mass media;
provides methodological and consultative assistance to subjects of the mass media field on issues related to the organization of their activities;
organizes retraining and advanced training of personnel in the field of mass media activities;
exercises control over compliance with the legislation of the Republic of Uzbekistan on mass media;
monitors mass media activities;
submits mandatory written representations to the founder and editorial office regarding the elimination of causes and conditions of legal violations identified in the mass media;
carries out international cooperation in the field of mass media;
the authorized state body also exercises other powers provided for by legislation.
Article 6. Electronic Form of a Periodic Publication
Newspapers, magazines, gazettes, bulletins, and other periodic publications recorded on information media, as well as those located on the global information network Internet, designed for use with the help of electronic technical devices are electronic forms of a periodic publication.
Electronic forms of periodic printed publications are one of the ways to disseminate periodic printed publications.
Registration of electronic forms of corresponding periodic printed publications as an independent mass medium is not required.
The editorial office of a periodic printed publication must notify the authorized state body in writing about the dissemination of electronic forms of the periodic printed publication.
Article 7. Mass Medium in the Form of a Website on the Global Information Network Internet
A mass medium in the form of a website on the global information network Internet is an information resource on the Internet containing documents and information in electronic form that have undergone editorial-publishing processing, intended for dissemination in unchanged form, objects of copyright and related rights, as well as TV, radio, newsreel programs.
If a mass medium in the form of a website on the global information network Internet places messages of other mass media in the form of a website or official messages of state bodies and organizations on its website, it must provide a link to the source from which the message was obtained.
A mass medium in the form of a website on the global information network Internet must contain the following data on the main page of said website:
name of the periodic publication;
date and number of the certificate of state registration;
name (surname, first name, patronymic) of the founder;
surname, first name, patronymic of the editor-in-chief;
index, location (postal and electronic address) of the editorial office.
Mass media in the form of a website on the global information network Internet are registered in the procedure established by this Law.
Article 8. Application of the Rules of the State Language and Other Languages in Mass Media
Mass media in the Republic of Uzbekistan carry out their activities in accordance with the Law of the Republic of Uzbekistan "On the State Language".
The use of obscene and offensive words and phrases in mass media is not allowed.
Mass media may be published in other languages at the discretion of the founder.
Mass media must comply with scientific rules and norms of the language in which it is published.
Chapter 2. Guarantees of Mass Media Freedom
Article 9. Priority of Protecting the Rights, Freedoms, Legitimate Interests, and Security of Subjects of Mass Media Activities
The rights, freedoms, legitimate interests, and security of subjects of mass media activities are under the protection of the state.
Article 10. Inadmissibility of Monopolization of the Mass Media Market
Monopolization of the mass media market is not allowed.
A legal entity or individual cannot be a founder (co-founder) of more than twenty-five percent of mass media issued to the corresponding central or local mass media market, and (or) in said amount own them by right of ownership, possession, use, disposal, management, or control (directly or through affiliated persons).
Article 11. Inadmissibility of Censorship
In the Republic of Uzbekistan, censorship of mass media is not allowed. No one has the right to demand preliminary approval of messages and materials by mass media for the purpose of limiting or prohibiting the dissemination of messages and materials or their separate parts, including changing the text of messages and materials or forcing the mass medium to comply with their requirements.
Article 12. Freedom of Mass Media
In the Republic of Uzbekistan, mass media are free.
Everyone has the right to speak in mass media, openly express their opinion and convictions, unless otherwise provided by law.
The state guarantees the freedom of activity and access to information, the right to ownership of mass media, and protection from unlawful decisions of state bodies, actions (inaction) of their officials. Obstruction of activities or interference in the activities of mass media is prohibited.
Mass media, in accordance with the legislation, have the right to seek, receive, investigate, disseminate, use, and store information and bear responsibility for the objectivity and authenticity of the disseminated information in the established order.
Article 13. Inadmissibility of Abuse of Mass Media Freedom
The use of mass media is not allowed for the purposes of:
calling for violent change of the existing constitutional order, territorial integrity of the Republic of Uzbekistan;
promoting war, violence, and terrorism, as well as ideas of religious extremism, separatism, and fundamentalism;
divulging information constituting state secrets or other secrets protected by law;
disseminating information that excites national, racial, ethnic, or religious enmity, as well as false and untrue information;
preparing or disseminating materials aimed at causing panic among the population;
disseminating information that allows identification of a person, including biometric and genetic information, for mercenary or other base purposes, based on enmity, for the purpose of humiliating honor and dignity, disgrace, insult, slander;
promoting narcotic drugs, psychotropic substances, and precursors, unless otherwise provided by law;
promoting pornography;
committing other actions entailing criminal and other liability in accordance with the law.
It is prohibited through mass media to defame the honor and dignity or business reputation of citizens, to interfere in their private life.
It is prohibited to publish materials of inquiry or preliminary investigation without the written permission of the prosecutor, investigator, or inquirer, to preempt the results of a specific case before a court decision is made, or in any other way to exert influence on the court before its decision enters into legal force.
Article 14. State Support for Mass Media
The state may provide support to mass media through:
granting benefits and preferences for taxes and other mandatory payments and tariffs;
providing financial support through a system of state subsidies, state grants, and state social orders;
developing and implementing a set of measures to strengthen the material and technical base;
creating innovative technologies in the field of mass media and providing assistance in their application;
social support for editorial staff;
organizing the activities of funds to support mass media;
organizational and educational-methodological support for mass media;
forming favorable conditions for the development of public-private partnerships in the field of mass media;
assisting in the training, retraining, and advanced training of editorial staff.
State support for mass media cannot be used to infringe upon the independence of professional mass media activities.
Chapter 3. Organization of Mass Media Activities
Article 15. Right to Found a Mass Medium
Legal entities and individuals of the Republic of Uzbekistan have the right to found mass media. Editorial offices of mass media can be founded in the form of a legal entity or a structural subdivision of a legal entity.
A mass medium can be founded by several founders.
The following cannot be a founder of a mass medium (hereinafter — founder):
a person who has not reached the age of eighteen;
a person who has an unexpunged or unremoved conviction for an intentional crime or is recognized by a court as incapacitated;
an organization whose activities are prohibited by law.
It is not allowed to found a mass medium by legal entities in the charter fund of which the share of foreign investments is fifty percent or more.
Article 16. Constitutive Documents
Constitutive documents of a mass medium are the constituent agreement and the charter (regulation) of the mass media editorial office (hereinafter — editorial office) or only the charter (regulation) of the editorial office.
Article 17. Constituent Agreement
A constituent agreement is concluded between several founders.
The constituent agreement shall provide for:
the name (surname, first name, patronymic) and location (postal address) of the founders;
the type, name, language, purpose, specialization, and periodicity of the founded mass medium;
the organizational and legal form of the editorial office;
the size and procedure for forming the charter fund of the editorial office;
sources of financing for the editorial office;
rights and obligations of the founders to participate in the activities of the editorial office;
the procedure for forming the management bodies of the editorial office;
the procedure for distributing profits and covering losses;
the procedure for suspending or terminating the release of the mass medium;
concluding provisions.
By mutual agreement of the founders, other conditions not contradicting the legislation may be included in the constituent agreement.
Article 18. Charter (Regulation) of the Editorial Office
The editorial office acts on the basis of a charter (regulation) adopted in accordance with the legislation and approved by the founder.
The charter (regulation) of the editorial office defines:
the type, name, language, purpose, specialization, periodicity, and volume of the mass medium;
the location (postal address) of the editorial office;
rights and obligations of the founder and the editorial office;
sources of financing for the editorial office;
the procedure for forming the management bodies of the editorial office;
the procedure for distributing profits and covering losses;
the grounds and procedure for suspending or terminating the release of the mass medium;
the procedure for reorganization and liquidation of the editorial office;
the procedure for adopting the charter (regulation) and making amendments to it;
concluding provisions.
Article 19. Written Agreement Between the Founder and the Editorial Office
A written agreement between the founder and the editorial office determines:
rights and obligations of the founder and the editorial office;
conditions for preparing and releasing the mass medium;
the procedure for financing the editorial office's activities;
the procedure for creating production and social-household working conditions for editorial staff;
the procedure for relationships with third parties;
responsibility of the parties;
concluding provisions.
By mutual agreement of the founder and the editorial office, other agreements not contradicting the legislation may be included in the written agreement.
Drawing up an agreement is not required if the same person acts as the founder and the editorial office.
Article 20. Procedure for Registering a Mass Medium Based on a Special Notification
A mass medium is registered based on a special notification submitted to the authorized state body by the founder in electronic form through public service centers or the Single Interactive Portal of State Services of the Republic of Uzbekistan in order to inform about the commencement of mass media activities.
When using public services of public service centers or the Single Interactive Portal of State Services of the Republic of Uzbekistan, the founder must have an electronic digital signature.
A special notification by the founder about the registration of a mass medium must be reviewed by the authorized state body within one working day.
A mass medium is considered registered from the moment the authorized state body receives the special notification about the registration of the mass medium and makes the corresponding entry in the register of registered mass media.
No state fee is charged for the registration of a mass medium.
If the special notification is submitted on behalf of a legal entity or individual not entitled to found a mass medium, the special notification about the registration of the mass medium is not filled out completely or the information contained in it does not correspond to reality, a mass medium with a similar name was previously registered, the name of the mass medium contains immoral, discriminatory, mocking, defamatory, insulting, inciting racial, ethnic, or religious hatred, as well as ideas of war, violence, terrorism, religious extremism, separatism, and fanaticism, the provision of state services is automatically refused.
In such a case, the founder has the opportunity to supplement the special notification with correct information at the appropriate stage and resubmit it.
In case of changing the name, organizational-legal form, legal address of the founder, as well as the name or type of the mass medium, the founder within twenty working days submits the corresponding information to the authorized state body through the public service center or the Single Portal of Interactive State Services of the Republic of Uzbekistan.
The electronic system of the public service center and the Single Interactive Portal of State Services of the Republic of Uzbekistan automatically forwards the information provided by the founder to the authorized state body in the established order to make corresponding changes to the state register.
Article 21. Special Form of Notification of Mass Media Registration
The special notification about the registration of a mass medium must indicate:
information about the name, legal address of the founder;
the name and type of the mass medium;
F.I.O. (Full Name) of the editor-in-chief;
specialization;
dissemination territory.
The charter (regulation) of the mass media editorial office is attached to the special notification.
When registering mass media, the presentation of other requirements, except for those indicated in this article, is prohibited.
Article 22. Suspension or Termination of Mass Media Release
Suspension or termination of the release of a mass medium is possible by the decision of the founder or a court ruling. Furthermore, the liquidation of a legal entity that is the founder of a mass medium entails the liquidation of the editorial office within its composition and the termination of the release of the mass medium.
After making the decision to suspend or terminate the release of a mass medium, the founder is obliged to notify the authorized state body of their decision in writing or in electronic form via the information system within three days.
The grounds for a court ruling to suspend or terminate the release of a mass medium may be:
if the mass medium is not released for more than six months;
abuse of mass media freedom by the editorial office two or more times within a year;
the share of foreign investments in the charter capital of the mass media founder constitutes fifty percent or more;
a ban by law on the activities of the mass media founder;
termination of citizenship of the Republic of Uzbekistan by an individual who is the founder of the mass medium;
conviction of an individual who is the founder of the mass medium for a serious or particularly serious crime committed using mass media or information telecommunication networks, including the global information network Internet;
recognition by a court of an individual who is the founder of the mass medium as incapacitated.
Article 23. Rights of the Founder
The founder has the right to:
send (submit) a special notification about the commencement of activities of the mass medium belonging to them to the authorized state body in electronic form via the information system;
use and dispose of the name under which said mass medium was registered;
participate in the formation of the management bodies of the editorial office in the order determined by the constituent agreement, the charter (regulation) of the editorial office, and the legislation;
appoint to the position and dismiss from the position of editor-in-chief;
receive income in full or in part, participate in the distribution of profits and covering of losses;
pay, in addition to wages, bonuses, incentive payments, and other payments for materials published in the mass media, including authors' remuneration;
place a non-advertising message or material in the mass medium on their own behalf free of charge, the maximum volume and release period of which are determined by the charter (regulation) of the editorial office or by an agreement between the founder and the editorial office;
receive, in case of termination of the editorial office's activities, the property remaining after settlements with creditors, or its value in the order provided by legislation.
Article 24. Obligations of the Founder
The founder is obliged to:
create an editorial office;
approve the charter (regulation) of the editorial office;
conclude an agreement with the editorial office;
ensure the release of the mass medium;
ensure compliance with the legislation on mass media;
fulfill the requirements of written representations of the authorized state body regarding the elimination of causes and conditions of legal violations identified in the mass media;
not allow the share of foreign investments in the charter capital of the founder of the mass medium to exceed the limits provided for in part seven of Article 15 of this Law.
When the founder of the mass medium is a state organization, it has the following additional obligations:
promote the improvement of the quality of the mass media content with the help of its own information service, and also create conditions for promotion and popularization by creating a website of the editorial office (web resources) on the global information network Internet;
provide practical assistance in the development of the mass medium.
Article 25. Editorial Office
The editorial office is a legal entity or a structural subdivision of a legal entity that carries out the release of the mass medium.
The editorial office can be created in any organizational-legal form provided for by legislation.
The editorial office can begin its activities after the registration of the mass medium with the authorized state body.
The editorial office can consist of an editor-in-chief, journalists, and editorial staff.
The editorial office is independent in its professional activities.
The editorial office is headed by an editor-in-chief, who is appointed and dismissed from the position by the founder.
The editor-in-chief carries out the management of the editorial office, makes decisions regarding the release of the mass medium, and bears responsibility for its activities in accordance with the legislation.
The editor-in-chief, in accordance with the legislation and constitutive documents, represents the editorial office in relations with the founder, the mass media distributor, state power and administration bodies, other legal entities and individuals, as well as in court.
The following cannot be editors-in-chief:
a person recognized as incapacitated or with limited legal capacity;
a person whose conviction for committing a serious or particularly serious crime committed using mass media or information telecommunication networks, including the global information network Internet, has not been unexpunged or unremoved;
foreign citizens or stateless persons.
Article 26. Information Agency
An information agency is a legal entity registered by the authorized state body, whose activities are aimed at collecting, processing, and disseminating information messages and materials.
When this Law is applied to information agencies, they are simultaneously granted the status of an editorial office and a mass media distributor.
A bulletin, herald, other publication, or program with a permanent name founded by an information agency is registered in the order established by this Law.
When messages and materials of an information agency are disseminated by another mass medium, a reference to the name of the information agency is mandatory.
CHAPTER 4. DISSEMINATION OF MASS MEDIA PRODUCTS
Article 27. Dissemination of mass media products
The dissemination of mass media products may be carried out directly by the editorial office, as well as by legal entities and individuals on a contractual basis in the established order.
When disseminating messages and materials of mass media or state bodies and organizations by another mass medium, a reference to the source of said message is mandatory.
The dissemination of printed mass media products is carried out by organizing subscriptions, as well as through a retail network. Retail sale, including by hand, of the circulation of registered periodic printed publications is carried out by the editorial offices' staff distributors, through legal entities possessing a retail network, or by individual entrepreneurs in the order established by legislation.
The dissemination of each individual issue of a mass medium is permitted only after the editor-in-chief has given permission for release.
In the case of continuous broadcasting, the dissemination of mass media products is permitted from the moment of the initial permission for release by the editor-in-chief until the moment broadcasting is interrupted.
Article 28. Mass media publication data (Imprint)
Each issue of a periodic publication must contain the following information:
name of the periodic publication;
name (surname, first name, patronymic) of the creator(s), founder(s), sponsor(s);
surname, first name, patronymic of the editor-in-chief;
sequence number and date of issue, and for periodic printed publications — the time of signing for print (scheduled and actual);
index, circulation, price, or the notation "Contractual price," "Free of charge" — for periodic printed publications;
location (postal address) of the editorial office and printing house;
age rating symbol assigned to the information product.
The electronic version of a periodic printed publication must contain the following information:
name of the periodic publication;
name (surname, first name, patronymic) of the founder(s);
surname, first name, patronymic of the editor-in-chief;
index, location (postal and electronic address) of the editorial office.
The publication data for TV, radio, video, newsreel programs, and other electronic forms of periodic dissemination of mass information are determined by legislation.
Article 29. Supplements to periodic printed publications
Periodic printed publications may be issued with supplements. In this case, they must contain a reference to the name of the main periodic printed publication to which they are supplements.
Supplements to a periodic printed publication that have a separate name are considered independent mass media and are subject to registration on general grounds.
Article 30. Control and mandatory copies
Control copies of periodic printed publications are sent to the editorial office, the founder, and the authorized body free of charge.
The list of institutions and organizations for the distribution of mandatory copies of periodic printed publications is determined by the Cabinet of Ministers of the Republic of Uzbekistan.
Article 31. Dissemination of mass media products of foreign states in the territory of the Republic of Uzbekistan
The dissemination of television and radio products of foreign states in the territory of the Republic of Uzbekistan is carried out in the order determined by the President of the Republic of Uzbekistan, as well as by international treaties of the Republic of Uzbekistan.
To disseminate foreign periodic printed publications in the territory of the Republic of Uzbekistan, it is necessary to create an enterprise with foreign investments where the share of foreign investment in the authorized capital does not exceed fifty percent, and to submit, in the established order, a notification about the registration of a mass medium to the authorized state body on behalf of said legal entity.
The dissemination of mass media products of foreign states in the territory of the Republic of Uzbekistan may be terminated in the event of their violation of legislative requirements.
Article 32. Publication of official messages and information
Mass media founded by state power and administration bodies are obliged to publish official messages and materials of these bodies, as well as normative legal acts.
Emergency reports on emergencies or messages from authorized state bodies for the prompt notification of the public are published in all mass media. At the same time, it is prohibited to disseminate information and materials aimed at intentionally creating panic among the population, except for official reports from state bodies.
Any other information, messages, and announcements, other than those provided for by parts one and two of this article, are published on the basis of a contract concluded with the editorial office.
Article 33. Collection and storage of information messages and/or materials
The right of mass media to collect information messages and materials is guaranteed.
Mass media carry out photo and video shooting of public places, buildings, and structures without any restrictions, except for objects the list of which is approved in accordance with legislation and where signs prohibiting all types of shooting are installed.
The editorial office of a mass medium is obliged to store copies of disseminated information messages and/or materials for at least three months after their dissemination.
Article 34. Use of unmanned aerial vehicles
Mass media, after obtaining permission in the order established by law, for the purpose of preparing photo and video materials, may use unmanned aerial vehicles weighing no more than three kilograms at an altitude of up to forty meters in areas defined by the relevant state body.
CHAPTER 5. RELATIONS OF MASS MEDIA WITH STATE BODIES, OTHER ORGANIZATIONS, AND CITIZENS
Article 35. Use of author materials and letters
The use of author materials and audiovisual works of science, literature, and art in mass media is permitted in accordance with international treaties and the legislation of the Republic of Uzbekistan.
When preparing letters received by the editorial office for publication, abbreviation and editing of the text are permitted, provided they do not distort its content.
No one has the right to compel the publication in a mass medium of material that was rejected by the editorial office on legal grounds.
Article 36. Non-disclosure of the source of information
The editorial office does not have the right to disclose the name of a source of information, intelligence, facts, or evidence provided on the condition of non-disclosure of their name, nor the name of an author using a pseudonym, without their written consent.
Upon the request of the source of information or the author using a pseudonym, the editorial office may participate in court on their behalf.
Article 37. Non-disclosure of a minor’s name
The editorial office does not have the right to disclose information about a minor who has suffered as a result of illegal actions (inaction) in disseminated messages and materials without the consent of the minor, their parents, or their legal representative, including their surname, first name, patronymic, photo and video images, audio recordings of their voice, information about their parents and other representatives, date of birth, address of permanent or temporary residence, place of study, or work.
This does not apply in cases where the dissemination of such information is carried out for the purpose of protecting the rights and legitimate interests of the minor who suffered as a result of illegal actions (inaction).
Article 38. Right to refutation and response
A legal entity or individual has the right to demand that the editorial office refute information published in the mass media that is untrue and defames their honor, dignity, or business reputation.
Legal entities and individuals whose rights and legitimate interests have been violated as a result of a publication have the right to publish a refutation or response in the given mass medium. The refutation or response must be published under a special heading on the same page where the material that caused the response was placed.
The mandatory deadline for publication in newspapers is within one month from the day the refutation or response is received; in other periodic publications, it is in the next issue.
A refutation or response received by the editorial office of TV, radio, video, newsreel programs, and other electronic forms of periodic dissemination of mass information is broadcast in the same program or cycle of programs no later than one month from the day of receipt.
If the volume and time of the broadcast of the refutation or response may cause damage to the mass medium's activities, a justified correction of the text is permitted upon agreement with the source of information or the author.
A legal entity or individual has the right to file a lawsuit in court in case the mass medium evades publishing the refutation or response or violates the established publication deadline.
Article 39. Mass media request for information on the activities of state power and administration bodies
A mass medium has the right to apply to state power and administration bodies with a request for information about their activities in oral, written, or electronic form.
The requested information must be provided in a timely and complete manner by the heads of state power and administration bodies, their deputies, the press service, or other persons within the limits of their competence. The exception is information constituting a state secret or other secrets protected by law.
A mass media request for information on the activities of state power and administration bodies, as well as regarding the organization of interviews with officials, is considered within a period of no more than three working days.
If the consideration of the mass media request does not fall within the powers of the state power and administration bodies, the request is sent to the body to whose competence the provision of the requested information is assigned within three working days from the date of registration, and the mass media is notified of this.
In case of refusal, a reasoned response is sent to the mass media request.
Article 40. Relations of mass media with the Parliament of the Republic of Uzbekistan
Representatives of mass media may participate in separate or joint sessions of the chambers of the Oliy Majlis of the Republic of Uzbekistan and receive relevant information. The exception is cases where the Chamber of the Oliy Majlis considers it necessary to hold a closed session.
Mass media have the right to apply with a statement, proposal, or complaint to the Parliament of the Republic of Uzbekistan regarding the activities of state bodies and organizations, as well as their officials, concerning the execution of the Constitution and laws of the Republic of Uzbekistan, resolutions of the Oliy Majlis, state programs, and tasks and functions assigned to them.
Article 41. Relations of mass media with the Cabinet of Ministers of the Republic of Uzbekistan
Representatives of mass media may participate in separate or joint sessions of the Cabinet of Ministers of the Republic of Uzbekistan and receive relevant information.
The Cabinet of Ministers of the Republic of Uzbekistan must provide mass media with access to review acts, documents, and other materials affecting the rights and interests of citizens.
The Cabinet of Ministers of the Republic of Uzbekistan does not have the right to adopt normative legal acts that limit the freedom of mass media or impede their freedom of activity.
Article 42. Relations of mass media with judicial bodies of the Republic of Uzbekistan
Representatives of mass media may freely participate in open court sessions and have free access to information about the activities of the courts.
The exception is closed court sessions conducted in cases established by law, and information related to state secrets.
Article 43. Relations of mass media with state bodies and organizations
Senior officials of state bodies and organizations provide periodic reports on their activities to mass media in the form of briefings or press conferences within thirty days after the end of the year.
Video fragments of periodic reports in the form of briefings and press conferences are posted on the official websites of state bodies and organizations for free use by mass media editorial offices.
Organizational-technical, information-analytical, and other necessary measures for the preparation and presentation of periodic reports of state bodies and organizations on their activities to mass media are carried out by their information services.
Article 44. Gender equality in mass media
The Commission on Ensuring Gender Equality of the Republic of Uzbekistan, state bodies, and organizations cooperate with mass media in covering issues of ensuring equal rights and opportunities for women and men.
Mass media may take necessary measures to explain the essence and content, as well as the significance of ensuring equal rights and opportunities for women and men, and to increase citizens' awareness.
Equal rights and opportunities must be guaranteed for women and men working in mass media editorial offices.
It is prohibited to disseminate information through mass media that is directly or indirectly aimed at discrimination based on gender.
CHAPTER 6. INTERNATIONAL COOPERATION IN THE FIELD OF MASS MEDIA
Article 45. International cooperation
International cooperation in the field of mass media is carried out on the basis of universally recognized principles and norms of international law, as well as international treaties and the legislation of the Republic of Uzbekistan.
Direct gratuitous aid in the sphere of support and development of mass media from foreign states, foreign governmental and non-governmental organizations, their representative offices and branches, and foreign citizens is not permitted.
Article 46. Accreditation of representative offices and representatives of mass media of foreign states
Representative offices and representatives of mass media of foreign states carry out their activities in the Republic of Uzbekistan after accreditation with the Ministry of Foreign Affairs of the Republic of Uzbekistan.
The legal status and conditions for carrying out professional activities of representative offices and representatives of mass media of foreign states accredited in the Republic of Uzbekistan are determined by legislation.
A citizen of Uzbekistan who has not passed accreditation in the established order cannot carry out activities as a correspondent for a foreign mass medium.
CHAPTER 7. LIABILITY FOR VIOLATION OF LEGISLATION ON MASS MEDIA
Article 47. Liability for violation of legislation on mass media
Persons guilty of violating legislation on mass media bear liability in the established order.
Abuse of mass media freedom in accordance with the legislation of the Republic of Uzbekistan entails criminal, administrative, disciplinary, or other liability.
Failure to take measures to execute written representations regarding the elimination of causes and conditions of legal violations issued by the authorized state body in accordance with the legislation of the Republic of Uzbekistan entails administrative and disciplinary liability.
The editor-in-chief, as well as a journalist, do not bear liability for the dissemination of materials in mass media that do not correspond to reality in cases where this information:
is taken from official reports, normative legal acts, or official statistical reporting data, or is received through news agencies, press services, or official websites of state power and administration bodies;
was contained in author speeches broadcast without prior recording, or is a verbatim reproduction (stenographic, audio, video recording) of speeches.
Article 48. Liability for violation of mass media freedom
The following cases may be considered as a violation of mass media freedom:
obstruction by officials of state bodies and organizations of mass media activities, untimely provision of information upon their request, or intentional provision of false information, censorship, pressure on editorial staff, interference in their activities, or illegal seizure of materials and necessary technical equipment;
illegal interference in the activities of the editorial office and violation of its freedom of specialization;
illegal liquidation or suspension of mass media activities;
illegal cessation of the publication of a printed edition, destruction of part or the entire print run of an issue;
obstruction of the dissemination of products of mass media operating on a legal basis, establishment of illegal restrictions on the retail sale of periodic printed publications;
coercing an editorial employee or journalist to disseminate or refuse to disseminate information.
The exception is information obtained during communication with an editorial employee or journalist, information constituting a commercial secret, or state secrets protected by law.
Violation of the rights of mass media established in this Law entails criminal, administrative, disciplinary, or other liability in accordance with the current legislation of the Republic of Uzbekistan.
CHAPTER 8. FINAL PROVISIONS
Article 49. Dispute resolution
Disputes arising in the sphere of the creation, functioning, and termination of mass media activities are resolved in the order established by legislation.
State bodies and organizations take mandatory measures for the pre-trial resolution of disputes arising with the founder and/or editorial office of a mass medium with the participation of said bodies and organizations.
Article 50. Entry of this Law into force
This Law enters into force from the day of its official publication.
EXPLANATORY NOTE
To the draft Law of the Republic of Uzbekistan "On Introducing Amendments and Addenda to the Law of the Republic of Uzbekistan 'On Mass Media'"
Necessity and Justification for Adopting the Draft Law
The draft Law of the Republic of Uzbekistan "On Mass Media" was developed by the Agency of Information and Mass Communications under the Administration of the President of the Republic of Uzbekistan in accordance with paragraph 7 of Appendix 5 of the Resolution of the President of the Republic of Uzbekistan No. PP-4151 dated February 2, 2019, "On Organizing the Activities of the Agency of Information and Mass Communications under the Administration of the President of the Republic of Uzbekistan," and paragraph 15.1 of the Program of Measures approved by Resolution No. PP-4551 dated December 13, 2019, "On Additional Measures to Ensure the Supremacy of the Constitution and Law, Strengthen Public Control in This Direction, and Improve Legal Culture in Society."
The current version of the Law "On Mass Media" was developed 13 years ago, on January 15, 2007, and was supplemented with three new articles on April 19, 2018, by Law No. ZRU-476. As a result of the growing demand for fast and convenient access to information in the information sphere, today's conditions require the introduction of new norms into the legislation that serve to further enhance the freedom of mass media activities and reflect the right of society to receive safe and reliable information.
Brief Characteristics of the Essence and Content of the Draft Law
This draft Law consists of seven chapters and fifty articles. The draft abolishes the registration system for mass media and introduces a notification-based procedure for commencing activities. It defines a number of norms, such as guarantees of mass media rights to establish relationships with legislative, executive, and judicial authorities; gender equality; provision of equal rights and opportunities for women and men working in mass media editorial offices; and liability for violating mass media freedom. Furthermore, the grounds for terminating mass media activities have been revised. Additionally, the draft defines the right to use unmanned aerial vehicles (drones), the right to take photos and videos in public places, buildings, and structures without any restrictions (except for objects the list of which is approved in accordance with legislation and where signs prohibiting all types of shooting are installed), and permits an increase in the share of foreign investments in the authorized capital of mass media from thirty to forty-nine percent. Such significant steps serve to further strengthen mass media activities and freedom of access to information, as well as to strengthen guarantees of protection against unlawful actions (decisions) of state bodies and officials.
Results of Adopting the Draft Law and Its Impact on the State Budget and Entrepreneurial Activity
As a result of the adoption of the draft Law, the legal foundations of freedom of speech will be further strengthened, which will allow for an increase in Uzbekistan's rating in the press freedom indices of various international organizations.
The draft does not require financial resources from the State Budget of the Republic of Uzbekistan or the budgets of state target funds. The draft Law supports the interests of business entities; it lacks circumstances, barriers, or restrictions that negatively affect business or hinder the development of private property and private entrepreneurship.
Expediency of Adopting the Law
Every state that has set itself the goal of building a humane, democratic, and legal state can achieve these goals by creating free conditions for the independence of speech and thought. The main goal of the draft is to provide mass media with additional opportunities, protect their safety, and expand their powers to obtain information, in order to assist mass media in energetically serving the path to the country's prosperity.
First Deputy Director — D. Saidjanov