Law of the Republic of Belarus
No
427-Z of July 17, 2008
[Amended as of December 20,
2014]
On
Mass Media
Adopted by the House
of Representatives on June 24, 2008
Approved by the
Council of the Republic on June 28, 2008
CHAPTER
1
GENERAL PROVISIONS
Article 1. Main terms used in
this Law and their definitions
1. Accreditation
of the mass medium’s journalist – confirmation of the right of a mass medium’s
journalist to cover actions organized by state bodies, political parties, other
public associations, other legal persons as well as other events taking place
in the territory of and outside the Republic of Belarus.
11. Broadcasting
a television- and radio-program – dissemination by a legal person which is
entrusted with the functions of editorial board of the mass medium or by a
foreign organization of a TV- or radio-program independently or using, in the
order established by the legislation of the Republic of Belarus,
telecommunications networks of the telecommunication operator.
2. Type
of the mass medium – a newspaper, magazine (journal), bulletin, a radio,
television, video or newsreel program, another combination of informational
reports and/or materials (programs), having a periodic character and intended
for uncertain number of persons.
3. Video,
newsreel program – combination of audio, audiovisual informational reports
and/or materials (programs), having a permanent title and periodic character.
4. Issuance
of the mass medium – coming out of a printed mass medium, mass medium
disseminated through the global computer network Internet or putting on air a
television, radio-broadcasting mass medium.
5. Editor-in-chief
(editor) of the mass medium – the chief of a legal person which is entrusted
with functions of the editorial board of the mass medium or a person authorized
by the editor.
6. Foreign
mass medium’s journalist – a natural person engaged in collection, editing,
creation (preparation) of informational reports and/or materials for a legal
person which is entrusted with functions of the editorial board of the mass
medium, registered outside the Republic of Belarus, who is connected with that
legal person through labor relations and has accreditation in the Republic of
Belarus.
7. Mass
medium’s journalist – a natural person engaged in collection, editing, creation
(preparation) of informational reports and/or materials for the legal person
which is entrusted with functions of the editorial board of the mass medium,
who is connected with that legal person through labor or other contractual
relations.
8. Foreign
mass medium – a mass medium registered outside the Republic of Belarus.
9. Information
agency – a legal person carrying out collection, creation (preparation),
storage of informational reports and/or materials, their dissemination in a
mass medium and simultaneously having the status of the legal person which
is entrusted with functions of the
editorial board of the mass medium and of the disseminator of the products of
the mass medium.
10. Correspondent
post – separate subdivision of the legal person which is entrusted with the
functions of the editorial board of the mass medium and which is carrying out
collection, creation (preparation), storage of informational reports and/or
materials for the mass medium as well as dissemination of its products.
11. Mass
information - printed, audio, audiovisual and other informational reports
and/or materials, intended for an uncertain number of persons, published in the
press, communicated by means of television broadcasting and radio broadcasting
or in another form of periodic dissemination.
12. Untrue
information - informational reports and/or materials, disseminated by the mass
medium, which do not correspond to reality.
121. Mandatory
publicly accessible television programs package – a list of television programs
mandatory for dissemination by telecommunications operators, telecommunications
services providers in the territory of the Republic of Belarus.
13. Periodicity
of the mass medium - issuance of the mass medium for a determined number of
times in a determined period of time.
14. Print
mass medium - a newspaper, magazine (journal), bulletin, other edition having a
permanent title, running number, continuous page numbering and coming out (on
air) at least once in six months.
15. Products
of the mass medium - a circulation or a part of circulation of a single issue
of a print mass medium, an individual issue of a radio, television, newsreel
program, a circulation or a part of circulation of an audio or video recording
of a program, as well as informational reports and/or materials disseminated in
the established manner through the global computer network Internet.
16. [Excluded]
17. Radio
broadcasting mass medium – a radio program disseminated with use of means of
telecommunications networks at least once in six months.
18. Dissemination
of products of the mass medium - sale, subscription, delivery of a print mass
medium, audio or video recordings of programs, broadcasting and rebroadcasting
of radio, television programs, demonstration of newsreel programs, another form
of bringing mass information to everyone's notice.
19. Disseminator
of products of the mass medium – a legal person or individual entrepreneur
carrying out dissemination of products of a mass medium in the manner
established by the legislation of the Republic of Belarus, and also owner of an
information resource (component thereof) in the instance of dissemination of
the mass medium by means of an information resource (component thereof) placed
in the global computer network Internet..
20. Mass
medium – a form of periodical dissemination of mass information with use of
press, television broadcasting and radio broadcasting, the global computer
network Internet.
21. Subjects
of legal relations in mass information sphere - the republic body of state
administration in the mass information sphere, the public coordinating council
in the mass information sphere, the founder (founders), the editor-in-chief
(editor), a mass medium’s journalist, a legal person which is entrusted with
functions of the editorial board of the mass medium, as well as information
agency, correspondent post, disseminator of products of the mass medium.
22. [Excluded]
23. Television
broadcasting mass medium – a television program disseminated with use of means
of telecommunications networks at least once in six months.
24. Founder
(founders) of the mass medium – a natural or legal person, including a state
body, which took decision, independently or jointly with others natural or
legal persons, on creation of a mass medium and applied for its state
registration.
25. Natural
person – citizen of the Republic of Belarus, foreign citizen, stateless person.
26. Legal
person which is entrusted with functions of the editorial board – a legal
person carrying out production and issuance of a mass medium on the basis of
the decision of the mass medium’s founder (founders) (hereinafter – decision on
the editorial board of the mass medium) or in the case when the said legal
person is not a founder of the mass
medium, - on the basis of a contract between of that legal person and the
founder (founders) of the mass medium (hereinafter – contract on the editorial
board of the mass medium).
Article 2. Legal basis of mass
media’s activities
1. The
legal basis of mass media’s activities is constituted by the Constitution of
the Republic of Belarus, this Law, treaties of the Republic of Belarus and
other acts of legislation of the Republic of Belarus.
2. If
a treaty of the Republic of Belarus establishes other rules than those provided
by this Law, the rules of the treaty of the Republic of Belarus are applied.
Article 3. Scope of application
of this Law
1. This
Law covers mass media founded in the Republic of Belarus, as well as foreign
mass media in the part concerning their activities in the territory of the
Republic of Belarus.
2. This
Law, the exception of the requirements for the state registration of mass
media, covers information resources (components thereof) placed in the global
computer network Internet by means of which dissemination of products of mass
medium is carried out.
Article 4. Basic principles of
mass media’s activities
Basic
principles of mass media’s activities are:
truthfulness of the information –
mass media shall disseminate the information which corresponds to reality;
legality - information shall
not contradict the requirements of the legislation of the Republic of Belarus;
equality
- mass media shall be based on equality of rights of all natural persons, state
bodies, political parties, other public associations, other legal persons to
disseminate and obtain mass information;
respect for human rights and
freedoms - mass media shell ensure observance of human rights and freedoms
guaranteed by the Constitution of the Republic of Belarus, other acts of
legislation of the Republic of Belarus;
opinion variety - mass media
shell ensure free expression and dissemination of various opinions and views in
the society;
national culture development –
mass media shell promote dissemination and popularization of national cultural
values;
protection of morals – mass
media shell not allow dissemination of the information that encroaches upon the
norms of public morality;
observance
of the norms of journalist`s professional ethics and generally accepted moral
norms - mass media`s journalists shall strictly observe norms of professional
ethics and generally accepted moral norms.
Article 5. Freedom of opinion,
convictions and free expression thereof
Freedom
of opinion, convictions and their free expression are guaranteed for everyone
in the Republic of Belarus.
Article 6. Inadmissibility of
mass media`s monopolization
The
monopolization of mass media by state bodies, political parties, and other
public associations, other legal or natural persons is not allowed.
Article 7. Inadmissibility of illegal
restriction of freedom of mass information
It
is not allowed the illegal restriction of freedom mass information that is
expressed:
in
implementation of censorship – requirements from officials, state bodies, political parties, other public associations,
other legal persons to the legal person which is entrusted with functions of
the editorial board of a mass medium, information agency, correspondent post,
editor-in-chief (editor), journalist, founder (founders) of a mass medium to
agree in advance information reports and/or materials with the exception of the
cases of agreeing with the author or interviewee, dissemination of official
reports in accordance with articles 18 and 26 of this Law;
in interference into the
sphere of professional independence of the legal person which is entrusted with
functions of the editorial board of the mass medium;
in suspension or
termination of issuance of a mass medium while breaching the requirements of
this Law, other acts of legislation of the Republic of Belarus;
in forcing a mass
media’s journalist to disseminate or to refuse to disseminate information;
in breaching the rights
of a mass medium’s journalist established by this Law and other acts of
legislation of the Republic of Belarus;
in
another obstruction of legal activities of the founder (founders) of a mass
medium, the legal person which is entrusted with functions of the editorial board of the mass
medium, disseminator of products of the mass medium in any form.
Article 8. Financing of mass
media
1. Sources
of financing of mass media may be the funds of the founder (founders), republic
and local budgets, as well as other sources not forbidden by the legislation of
the Republic of Belarus.
2. It
is forbidden to receive monetary funds and other property with the aim to
finance mass media from:
2.1.
foreign legal persons, foreign citizens and stateless persons, which do not
reside permanently in the territory of the Republic of Belarus with the
exception of the cases of participation of the mentioned persons in the
statutory fund of the legal person which is entrusted with functions of the editorial board of
the mass medium, as well as other cases envisaged by the legislative acts of
the Republic of Belarus;
2.2.
anonymous sources.
Article 9. Language of mass
media
1. Mass
information may be disseminated in the Republic of Belarus in the state
languages of the Republic of Belarus and in other languages.
2. Usage
of obscene words and expressions in the mass media are not allowed.
CHAPTER
2
PROCEDURE OF ESTABLISHMENT AND STATE REGISTRATION (RE-REGISTRATION) OF MASS
MEDIA
Article 10. Founding of Mass
Media
1. Natural
persons, state bodies, political parties other public associations, other legal
persons including foreign ones, shall found mass media in the order and on the
terms, determined by this Law and other acts of legislation of the Republic of
Belarus.
2. Foreign
legal persons, as well as foreign citizens and stateless persons, which do not permanently reside in the territory of the
Republic of Belarus, may found mass media only jointly with citizens and legal
persons of the Republic of Belarus.
3. The
following natural person may not be a founder of a mass medium:
3.1.
who has not reached the age of eighteen years, with
the exception of cases when the minor obtains the active legal capacity in full
prior to the attainment of the age of eighteen years in accordance with the
civil legislation of the Republic of Belarus;
3.2.
who is serving a court sentence or recognized
incapable by a court judgment;
3.3.
who acted earlier as founder of a mass media the
issuance of which has been terminated - during three years after the entry into
legal force of the court judgment on termination of the issuance of the mass
medium;
3.4.
who has been stripped, in the established order, of
the right to be engaged in activities connected with production and issuance of
the mass medium.
Article 11. State registration of
mass media
1. Mass
media are subject to state registration in the republic body of state
administration in the sphere of mass information in the order established by
this Law and other acts of legislation of the Republic of Belarus, with the
exception of the cases stipulated by clause 2 of Article 3 and clause 7 of Article 13 of this
Law.
2. Foreign
mass media disseminating their products in the territory of the Republic of
Belarus with changing its form or substance are subject to state registration
in the republic body of state administration in the sphere of mass information
in the order established by this Law.
3. Rights
and duties of the founder (founders) of a mass medium, of the legal person
which is entrusted with the functions of the editorial board of the mass
medium, envisaged by this Law, arise from the moment of state registration of
the mass medium.
Article 12. Registration
requirements
1. At
state registration of the mass medium, the founder (founders) or a person
authorized by the founder (founders) shall submit an application to the
republic body of state administration in the sphere of mass information
according to the form established by the republic body of state administration
in the sphere of mass information with indication of the following data:
1.1.
founder (founders) of the mass medium (including the data whether that person
is founder, editor-in-chief (editor), journalist of other mass media (for a
founder of a mass medium being a natural person), disseminator of products of
mass media);
1.2.
title and type of the mass medium;
1.3.
language of the mass medium;
1.4.
legal person which is entrusted with the functions of
the editorial board of the mass medium;
1.5.
address of the legal person which is entrusted with
the functions of the editorial board of the mass medium;
1.6.
intended territory of dissemination of the mass
medium;
1.7.
specialization (topics) of the mass medium;
1.8.
sources of financing of the mass media;
1.9.
periodicity of the mass medium;
1.10.
intended circulation of the mass medium (for a print
mass medium);
1.11.
editor-in-chief (editor) of the mass medium.
2. The
application envisaged by clause 1 of this Article shall be accompanied by:
2.1.
copy of the statute (constituent contract for a
commercial organization which operates only on the basis of the constituent
contract) with the stamp evidencing the performance of the state registration
(for the founder of the mass medium – legal person of the Republic of Belarus);
2.2.
a legalized extract from the trade register of the country where the foreign
organization is established or another equivalent evidence of the legal status
of the foreign legal person in accordance with the legislation of the country
of its establishment (for the founder of the mass medium – foreign legal
person);
2.3.
copy of the identity document of the natural person
(for the founder of the mass medium – natural person);
2.4.
copy of the statute (constituent contract for a commercial organization which
operates only on the basis of the constituent contract) with the stamp
evidencing the performance of the state registration (for the legal person
which is entrusted with the functions of the editorial board of the mass
medium, and which is not a founder of the mass medium);
2.5.
copy of the decision on the editorial board of the
mass medium or of the contract on the editorial board of the mass medium;
2.6.
document confirming payment of the state duty for the
state registration of the mass medium.
3. Submission
of copies of the documents envisaged by sub-clause 2.1 of clause 2 of this
Article is not required for state bodies, as well as for others state
organizations the legal status of which is determined by the Constitution of
the Republic of Belarus, normative legal acts of the President of the Republic
of Belarus or of the Council of Ministers of the Republic of Belarus.
In
the case when the state body or another state organization, specified in part
one of this clause, is entrusted with functions of the editorial board of the
mass medium, is also not required the submission of copies of the documents
envisaged by sub-clause 2.4 of clause 2 of this Article.
Article 13. Order of state
registration of mass media
1. The
decision on state registration of a mass medium and its inclusion in the State
Register of Mass Media shall be taken by the republic body of state
administration in the sphere of mass information within one month from the day
of receipt of the application and of documents envisaged by Article 12 of this
Law.
2. The
application for the state registration of the mass medium shall be returned to
the applicant without consideration with indication of the ground for the
return if:
2.1.
the application has been submitted with violation of
requirements established by Article 12 of this Law;
2.2.
the application on behalf of the founder has been
submitted by a person not having powers to do so.
3. The
republic body of state administration in the sphere of mass information shall
take, within the period,established by clause 1 of
this Article, one of the following decisions:
3.1.
on state registration of the mass medium;
3.2.
on refusal of state registration of the mass medium.
4. Refusal
of state registration of the mass medium and violation by the republic body of
the state administration in the sphere of mass information of the period,
established for state registration may be appealed against to the court by the
founder (founders) of the mass medium.
5. A
mass medium is deemed to be registered and is entitled to carry out its
activities from the day of its inclusion in the State Register of Mass Media
the maintenance of which is performed by the republic body of state
administration in the
sphere of mass information, with the exception of television and
radio-broadcasting mass media which have the right to carrying out their
activities from the day of obtaining a special permit (license) to carry out
activity in the broadcasting sphere.
After
the inclusion of the mass medium in the State Register of Mass Media, its
founder (founders) is given the state registration certificate of the mass
medium.
The
form of the state registration certificate of the mass medium and the order of
its issuance, as well as list of data being included in the state registration
certificate, shall be established by the republic body of state administration
in the sphere of mass information.
6. The
founder (founders) shall preserve the right to start the issuance of the mass
medium within one year – for television and broadcasting mass media, and within
six months – for print mass media, from the day of their inclusion in the State
Register of Mass Information.
7. No
state registration is required:
7.1.
for the mass media specifically established by the state bodies and other state
organizations only for dissemination of their officials reports as well as for
official publication of legal acts;
7.2.
for radio and television programs disseminated through networks limited by the
premises and territory of one organization or of those which have not more than
ten subscribers;
7.3.
for audio and video programs disseminated as recordings with not more than ten
copies;
7.4.
for print mass media coming out with circulation not exceeding 299 copies.
Article 14. Re-registration of
mass media
1. Re-registration
of mass media is performed in the order envisaged be Articles 11-13 of this
Law. The application for re-registration
of a mass medium shall be submitted within a month from the moment of arising
of the grounds for re-registration envisaged by clause 2 of this Article.
2. Re-registration
of mass media is obligatory in the case:
2.1.
of reorganization (liquidation) of the legal person which is one of the
founders of the mass medium;
2.2.
of change of founders of the mass medium;
2.3.
of changing the data envisaged by sub-clauses 1.2 and 1.4 of clause 1 of
Article 12 of this Law;
2.4.
of change of title and/or type of the mass medium, territory of dissemination
of the mass medium (for television and radion broadcasting mass media),
specialization (topics) of the mass medium for advertising specialization
(topics).
3. In
the case of changing other data subject to inclusion in the State Register of
Mass Media, the founder (founders) of the mass medium shall inform, within a
month from the day of their change, the republic body of state administration
in the sphere of mass information about the fact in writing with enclosure of
the documents confirming respective changes.
Article 15. Grounds for refusal
of state registration of mass medium
1. Grounds
for refusal of state registration (re-registration) of a mass medium are:
1.1.
non-observance of the requirements envisaged by clause
2 and 3 of Article 10 of this Law;
1.2.
untruthfulness of the data specified in the
application for the state registration (re-registration) of the mass medium;
1.3.
incompliance of the title or specialization (topics)
of the mass medium with requirements
envisaged by Article 38 of this Law;
1.4.
availability in the State Register of Mass Media of a
mass medium with the same title;
1.5.
entrusting functions of the editorial board of the mass media to the legal
person (commercial organization) in the statutory fund of which a share in the
amount of 20 percent and more, separately or in aggregate, belongs to a foreign
state, foreign and/or international legal person (organization not being legal
person), foreign citizen, stateless person;
1.6.
entrusting with functions of the editorial board of a mass media to a legal
person – non-commercial organization 20 and more percent of the founders (participants, members) of which
constitute a foreign state, foreign and/or international legal person
(organization not being legal person), foreign citizen, stateless persons.
2. A
notice about refusal of state registration of the mass medium shall be directed
to the applicant in writing within ten days from the day of taking the decision
with indication of the grounds for the refusal, but not later than a month from
the day of receipt of the document envisaged by Article 12 of this Law.
Article 16. Recognition
of state registration to be invalid.
Annulment of state registration certificate of a mass medium
1. State
registration of the mass medium may be recognized invalid by the court in the
case when it was performed with violations of requirements of this Law and
other acts of legislation of the Republic of Belarus.
2. The
republic body of state administration shall annul the state registration
certificate of the mass medium if:
2.1.
the mass medium has not passed the re-registration;
2.2.
the founder (founders) has missed the terms envisaged
by clause 6 of Article 13 of this Law;
2.3.
the issuance of the mass medium has been terminated by
the court judgment in the order envisaged by Article 51 of this Law or by the
founder (founders) of the mass media in accordance with sub-clause 1.3 of
clause 1 of Article 29 of this Law;
2.4.
the legal person which is entrusted with functions of
the editorial board of the mass medium or which was a sole founder of the mass
medium has been liquidated;
2.5.
the natural person who is a sole founder of the mass
medium has died (declared as deceased) when heirs did not declare acceptance of
rights and duties of the founder (founders) of the mass medium;
2.6. [excluded]
2.7.
the decision on editorial board of the mass medium has been recognized invalid
or cancelled, or contract on the editorial board of the mass medium has been
terminated and the documents confirming the entrusting functions of the
editorial board of the mass medium to another legal person have not been
submitted to the republic body of state administration in the sphere of mass
information;
2.8.
shares, stake (stakes) in the stakes in the statutory fund of the legal person
which is entrusted with functions of the editorial board of the mass medium in
the amount of 20 percent and more are in possession (of one or all in
aggregate) of a foreign state, foreign and/or international legal person
(organization not being legal person), foreign citizen, stateless person;
2.9.
20 percent or more of founders (participants, members) of the legal person –
non-commercial organization which is entrusted with functions of the editorial
board of the mass medium are constituted by a foreign state, foreign and/or
international legal persons (organization not being legal person), foreign
citizen, stateless person;
2.10.
issuance of the mass medium is not carried out for six
consecutive months, with the exception of the case envisaged by clause 4 of
Article 50 of this Law.
3. In
the case of recognition of the state registration to be invalid or of annulment
of the state registration certificate of the mass medium on the grounds
envisaged by clause 2 of this Article, the mass medium is to be excluded from
the State Register of Mass Media.
CHAPTER
3
DISSEMINATION OF PRODUCTS OF MASS MEDIA
Article 17. Order of
dissemination of products of a mass medium
1. Dissemination
of products of a mass medium shall be performed in accordance with the
legislation of the Republic of Belarus:
1.1.
by a legal person which is entrusted with functions of the editorial board of
the mass medium or on the grounds of a contract concluded by it with the
disseminator of products of the mass medium;
1.2.
by the owner of the information resource (component
thereof) in the case of dissemination of products of the mass medium by means
of an information resource (component thereof) placed in the global computer
network Internet.
2. If
a mass medium disseminates informational reports and/or materials, which have
been disseminated earlier by another mass medium, a reference must be made to
the mass medium which has earlier disseminated those informational reports
and/or materials.
3. Informational
reports and/or materials disseminated by an information agency shall be
accompanied by the reference to that information agency.
4. [Excluded]
5. Products
of a foreign mass medium disseminated in the territory of the Republic of
Belarus without changing form and content may be disseminated in the territory
of the Republic of Belarus after attainment of a respective permission in the
republic body of state administration in the sphere of mass information by the
foreign mass medium.
The
order of issuance of the permission on dissemination of products of a foreign
mass medium envisaged by part one of this clause shall be established by the
Council of Ministers of the Republic of Belarus.
6. Disseminatiors
of products of mass media, and also of products of television, radio
broadcasting mass media (hereinafter, unless otherwise provided –
disseminators) are subject to inclusion in the State Register of Disseminators
of Proudcts of Mass Medium ans the State Register of Disseminators of
productions of television, radio broadcasting mass media (hereinafter – state
registers) respectively.
Activity on dissemination of products of print
mass media and also of production of television, radio broadcasting mass media
without inclusion if a respective state register is illegal and entails
liability in accordance with the legislative acts of the Republic of Belarus.
Parts
one and two of this clause are not applied to disseminators – legal persons
which are entrusted with functions of the editorial board of the mass medium
while disseminating mass media issued by them.
Inclusion
of disseminators in a respective state register is carried out by the republic
body of state administration in the sphere of mass information not later than
fifteen working days from the day of submission of the application with
enclosure of documents the list and the order of submission of which shall be
determined by the republic body of state administration in the sphere of mass
information.
Disseminators
of products of television, radio broadcasting mass media shall, not later than
two working days before the beginning (termination) of dissemination of a
radio-, television program, notify the republic body of state administration in
the sphere of mass information about the beginning (termination) of
dissemination of a radio-, television program.
Exclusion
from state registers is carried out upon a decision of the republic body of
state administration in the sphere of mass information in the case of:
untruthfulness of the data specified
in the documents submitted for inclusion in a respective state register;
adoption by the disseminator
of a decision about termination of the dissemination of products of print mass
media and also of products of television, radio broadcasting mass media in the
territory of the Republic of Belarus;
reorganization of the disseminator –
legal person (with the exception of cases of reorganization of the disseminator
– legal person in the form of splitting off or affiliation of another legal
person to it.
liquidation (termination of
activities) of the disseminator – legal person (individual entrepreneur);
violation of the requirement
provided by clause 5 of this Article;
dissemination of information
reports and/or materials prohibited for dissemination in accordance with
Article 38 of this Law;
issuance of two and more
written cautions to the disseminator within one year.
The
republic body of state administration in the sphere of mass information shall
determine the order of creation of state registers, inclusion therein
(exclusion therefrom) of disseminators and carry out maintenance of the state
registers.
The
state registers shall be placed for open access on the official site of the
republic body of state administration in the sphere of mass information.
Article 18. Dissemination of officials reports and/or materials
1. A
legal person which is entrusted with functions of the
editorial board of a mass medium is obliged to disseminate free of charge and
within the determined time:
1.1.
a court judgment that has entered into its legal force
containing a demand to report to everyone’s notice such a decision through that
mass medium;
1.2.
information reports and/or materials received from the state body, concerning the
activities of the legal person which is entrusted with functions of the
editorial board of that mass medium.
2. The
founder (founders) of the mass media is entitled to oblige the legal person
which is entrusted with functions of the editorial board of the mass medium to
place in the mass medium free of charge and in the term determined by him
(them) an official informational report and/or material on his (their) behalf
(message of the
founder (founders)). The maximum volume
of the message of the founder (founders) shall be determined in the decision on
the editorial board of the mass medium or in the contract on the editorial
board of the mass medium.
Article 19. Storage of
informational reports and/or materials
1. The
legal person which is entrusted with functions of the
editorial board of the mass medium is obliged to keep the originals of
informational reports and/or materials, disseminated by him, within one year
after the dissemination thereof.
2. The
legal person which is entrusted with functions of the editorial board of a
television or broadcasting mass medium is obliged to keep as recording, for at
least one year after the day of issuance, the
informational reports and/or materials of own radio, television
programs.
Article 20. Placement
(dissemination) of advertisements
Placement
(dissemination) of advertisements in mass media shall be carried out in
accordance with the legislation of the Republic of Belarus on advertising.
Article 21. Production and
dissemination of products of mass media of erotic nature
1. The
order of production and dissemination of products of mass media of an erotic
nature as well as the order of reference of products of mass media to products
of an erotic nature is determined by the legislation of the Republic of
Belarus.
2. Retail
sale of the print mass media of an erotic nature is allowed only in
non-transparent packing and in special places and premises determined for those
purposes by local executive and administrative bodies.
3. Dissemination
of radio and television programs of an erotic nature without special coding of
the signal is not allowed.
CHAPTER
4
PECULIARITIES OF DISSEMINATION OF PRINT MASS MEDIA
Article 22. Exit data of print
mass medium
Each
issue of the print mass medium shall specify:
title of the print mass
medium;
founder (founders) of the
print mass medium;
surname, proper name and
patronymic (if available) of the editor-in-chief (editor) of the print mass
medium;
serial number of the print
mass medium and the date of its issuance, and for newspapers — also the time of
signing to printing;
circulation;
identification bar code;
subscription index (for the print
mass medium disseminated by subscription);
address, electronic address
of the legal person which is entrusted with the functions of the editorial
board of the printed mass medium;
address of the printing
house;
number of the state
registration certificate (for the print mass medium subject to state
registration);
the republic body of
state administration in the sphere of mass information that has registered that
print mass medium (for the print mass medium subject to state registration).
Article 23. Obligatory free
copies of print mass media
1. Obligatory
free copies of print mass media, including those exempted from state
registration in accordance with sub-clauses 7.1 and 7.4 of clause 7 of Article 13 of this Law,
shall be sent, immediately after issuance, to the founder (founders) of the
print mass medium, the republic body of state administration in the sphere of
mass information, to the institution
“National Book Chamber of the Republic of Belarus”, to the state institutions
“National Library of Belarus”, “President's Library of the Republic of
Belarus”, “Central Scientific Library of the Academy of Sciences of Belarus
named after Y. Kolas”, to other organizations according to the list being
determined by the Council of Ministers of the Republic of Belarus.
2. The
order of sending obligatory free copies of print mass media is determined by
the Regulations on the Obligatory Free Copy of the Documents approved by the
Council of Ministers of the Republic of Belarus.
CHAPTER
5
PECULIARITIES OF ACTIVITIES OF TELEVISION AND RADIO-BROADCASTING MASS MEDIA
Article 24. Performance of
television and radio broadcasting
1. Television
and radio broadcasting shall be carried out with use in the order established
by the legislation of the Republic of Belarus of telecommunications networks on
the basis of a special permit (license) for carrying out activities in the
sphere of broadcasting issued by the republic body of state administration in
the sphere of mass information..
2. Rules
of importation, purchase and operation of means of telecommunications including
satellite ones, being applied by the television and radio broadcasting mass
media are established by the legislation of the Republic of Belarus.
Article 25. Output data of
television and radio-broadcasting mass medium
1. In each presentation of a radio or television program must
be announced (indicated) the title of the program.
2. In
case of continuous broadcasting of the mass medium, the title of a radio or
television program shall be announced (indicated) — at least four times a day.
3. Broadcasting
of a program shall be accompanied by its logo with the exception of
broadcasting of advertisements.
Article 26. Official information
reports
1. State
television and radio-broadcasting mass media shall ensure dissemination in
radio and television programs of declarations and appeals by the President of
the Republic of Belarus, other persons who hold the highest state offices, as
well as information about other socially meaningful facts, about the activities
of state bodies and other state organizations.
2. The
President of the Republic of Belarus has the right to appeal to the people of
the Republic of Belarus on important issues of social and political life
without preliminary agreement with state television and radio-broadcasting mass
media.
Article 261. Mandatory
publicly accessible television programs package
1. Telecommunications
operators, telecommunication services providers which carry out dissemination
of television programs are obliged to ensure provision of the opportunity to
watch television programs included in the mandatory publicly accessible
television programs package to every subscriber.
2. The
list, order and priority (precedency) of dissemination of television programs
included in the mandatory publicly accessible television programs package are
approved by the Council of Ministers of the Republic of Belarus.
3. Dissemination
of the mandatory publicly accessible television programs package shall be
carried out on terms of the contract on providing telecommunication services
and/or contract of lease of technical means, concluded between the legal person
which is entrusted with the functions of the editorial board of the mass medium
(its authorized representative) and the telecommunications operator or
telecommunication services provider.
CHAPTER
6
LEGAL STATUS OF SUBJECTS OF LEGAL RELATIONSHIPS IN THE SPHERE OF MASS
INFORMATION
Article 27. Republic body of
state administration in the sphere of mass information
The
republic body of state administration is the Ministry of Information of the
Republic of Belarus which implements, within the limits of its competence, the
state policy, carries out regulation, administration and coordination of
activities of other state bodies in the sphere of mass information, carries out
state registration of mass media and performs other functions determined by
this Law and other acts of legislation of the Republic of Belarus.
Article 28. Public coordinating
council in the sphere of mass information
1. The
republic body of state administration in the sphere of mass information shall
create the public coordinating council in the sphere of mass information which
comprises representatives of state bodies, public associations, mass media,
other organizations, and other persons.
2. Composition
of the public coordinating council in the sphere of mass information and
regulations thereon shall be approved by the Council of Ministers of the
Republic of Belarus.
3. Decisions
of the public coordinating council in the sphere of mass information have a non
binding nature.
Article 29. Status of founder
(founders) of a mass medium
1. The
founder (founders) is (are) entitled:
1.1.
to act as a legal person which is entrusted with
functions of the editorial board of the mass medium (when the founder of the
mass medium is a legal person), as the disseminator of products of the mass
medium;
1.2.
to assign his
rights to a third person on the basis of a contract in accordance with the
legislation of the Republic of Belarus;
1.3.
in the cases provided by a decision on the editorial board of the mass medium or in the contract on the
editorial board of the mass medium, to terminate the issuance of the mass
medium. The decision of the founder (founders) on termination of the issuance
of the mass medium shall be directed within three days after the day of its
adoption to the republic body of state administration in the sphere of mass information;
1.4.
to exercise other rights in accordance with this Law.
2. The
founder (founders) have no right to interfere into the activities of the mass
medium with the exception of the cases stipulated by this Law, by a decision on
the editorial board of the mass medium or by the contract on the editorial
board of mass medium.
3. The
founder (founders) shall bear responsibility for observance of the requirements
declared by him at the founding and state registration of the mass medium,
established by this Law and other acts of legislation of the Republic of
Belarus, and also for the content of information disseminated by the mass
medium founded by the founder.
4. The
rights and duties of the founder (founders) of the mass medium may be inherited
by his heirs, in the case when the founder (founders)
of the mass medium is (are) a natural person (persons).
Article 30. Status of the legal
person which is entrusted with functions of editorial board of mass medium
The
legal person which is entrusted with functions of the editorial board of a mass
medium carries out production and issuance of the mass medium on the basis of
this Law, other acts of legislation of the Republic of Belarus, decision on the
editorial board of the mass medium or the contract on the editorial board of
the mass medium.
Article 31. Status of the
editor-in-chief (editor) of a mass medium
1. The
editor-in-chief (editor) of a mass medium shall carry out professional
activities in accordance with the Constitution of Republic of Belarus, this
Law, and other acts of legislation of the Republic of Belarus.
2. The
editor-in-chief (editor) of a mass medium takes the final decision concerning
the production and issuance of the mass medium.
3. The
editor-in-chief (editor) of a mass medium shall bear the responsibility for
observance of the requirements regarding the activities of the mass medium by
this Law and by other acts of legislation of the Republic of Belarus.
Article 32. Information agency
Information
agencies, as well as mass media founded by them, are registered in the order
envisaged by Articles 11 – 13 of this Law for mass media.
Article 33. Correspondence post
1. With
the aim to collect, storage and create (prepare)
informational reports and/or materials, as well as dissemination of products of
a mass medium, the legal person which is entrusted with functions of the
editorial board of the mass medium may open correspondence posts.
2. The
order of opening correspondence posts shall be established by the Council of
Ministers of the Republic of Belarus.
Article 34. Status of journalist of
mass medium
1. The
journalist of a mass medium, including a foreign one, shall be guided by the
Constitution of the Republic of Belarus, this Law, other acts of legislation of
the Republic of Belarus, and the norms of journalist’s professional ethics in
professional activities.
2. In
connection with execution of professional duties the journalist of a mass
medium has the right to:
2.1.
collect, request and receive information from state
bodies, political parties, other public associations, other legal persons, as
well as to storage and to disseminate information necessary for carrying out
professional activities;
2.2.
be present, in the order determined by the legislation of the Republic of
Belarus, in the area of armed conflicts
or emergency situations, at mass actions, in places of other socially important
events and transmit information from there;
2.3.
make recordings, upon accreditation or upon agreement with natural persons or
legal persons in relation to them, including with use of audio and video
equipment, film and photo shooting, unless otherwise provided for by the
legislation of the Republic of Belarus;
2.4.
contact specialists when verifying facts and
circumstances in connection with informational reports and/or materials
received;
2.5.
express his personal opinion on informational reports
and/or materials intended for dissemination under his signature;
2.6.
disseminate reports and/or materials prepared by him
under his signature, under a pseudonym or without signature, and make remark in
the case of necessity of preservation of the authorship secrecy.
3. The
journalist of a mass medium has also other rights in accordance with the
legislation of the Republic of Belarus.
4. The
journalist of a mass medium is obliged to:
4.1.
respect rights, freedoms and legal interests of
natural persons, rights and legitimate interests of legal persons;
4.2.
verify the truthfulness of the data received;
4.3.
provide objective information for dissemination;
4.4.
indicate, at wish of the persons who provide information, their authorship;
4.5.
preserve confidentiality of information and sources of
its receipt, with the exception of the cases envisaged by part 2 of Article 39
of this Law;
4.6.
obtain consent for dissemination in a mass medium of
data about personal life of a natural person from that very natural person or
from his legal representative, with the exception of the cases established by
the legislative acts of the Republic of Belarus;
4.7.
obtain consent of natural persons for making audio, video recording, film and
photo shooting, with the exception of the cases of making them in the places
opened for mass attendance, at mass actions, as well as of the case envisaged
by Article 40 of this Law;
4.8.
refuse an order given to him by the founder
(founders), editor-in-chief (editor) of the mass medium when such order or its
execution is connected with violation of the legislation of the Republic of
Belarus;
4.9.
present the service certificate upon request when
carrying out his professional activities.
The form of the service certificate of journalist of the mass medium
registered in the territory of the Republic of Belarus shall be established by
the republic body of state administration in the sphere of mass information.
5. The
journalist of a mass medium also executes other duties in accordance with the
legislation of the Republic of Belarus.
6. The
journalist of a foreign mass medium has rights and executes duties of the
journalist envisaged by this Article, as well as other acts of legislation of
the Republic of Belarus.
Article 35. Accreditation of mass
media journalists
1. Mass
media journalists have the right to accreditation at the state bodies,
political parties, other public associations, other legal persons to cover
sittings, meetings, and other events, organized by them, in the order
established by those state bodies, political parties, other public
associations, and other legal persons.
2. It
is not allowed to refuse unreasonably the accreditation of mass media
journalists.
3. Accreditation
of foreign mass media journalists in the Republic of Belarus is performed by
the Ministry of Foreign Affairs of the Republic of Belarus in the order
established by the Council of Ministers of the Republic of Belarus.
Foreign
mass media journalists are also obliged to obtain accreditation in the order
established by part one of this Article for covering sittings, meetings and
other events, organized by state bodies, political parties, other public
associations, and other legal persons.
4. It
is prohibited to carry out professional activities of foreign mass media
journalists in the territory of the Republic of Belarus without accreditation .
CHAPTER
7
RELATIONS OF MASS MEDIA WITH STATE BODIES, OTHER LEGAL AND NATURAL PERSONS
Article 36. Right to obtain, storage and disseminate information
1. Natural
persons are guaranteed the right to obtain, storage, and disseminate full,
true, and timely information on activities of state bodies, political parties,
other public associations, and other legal persons about political, economic,
cultural, and international life, on environment conditions.
2. State
bodies, political parties, other public associations, other legal persons, as
well as their officials, may provide data about their activities to mass media
via holding press-conferences, sending out reference and statistical materials,
and by other means.
Article 37. Information of
restricted access
In
the order established by the legislation of the Republic of Belarus, the access
is restricted to:
data constituting state
secrets, commercial, personal or any other secrecy protected by the law;
data about organizational
system, about sources, about methods, about ways, plans and results of
operative and search activities;
materials of inquiry,
preliminary investigation and court proceeding prior to the termination of
criminal case proceedings;
other information envisaged
by the legislation of the Republic of Belarus.
Article 38. Information
dissemination of which in mass media is prohibited
1. It
is prohibited to
disseminate in mass media:
1.1.
information on behalf of organizations which failed to pass state registration
(re-registration) in the established order, in the cases when such a
registration (re-registration) is obligatory in accordance with the legislative
acts of the Republic of Belarus, as well as of organizations in relation to
which there is a decision of an authorized state body on their liquidation,
which has entered into force;
1.2.
data which propagate consumption of drugs, psychotropic substances, analogues thereof,
toxic, and other stupefied substances, as well as data about ways and methods
of development, fabrication, use and points of sale of drugs, psychotropic
substances, their precursors and analogues;
1.3.
information aimed at propaganda of war, extremist
activities or containing appeals for such activities, pornography, violence
and cruelty, as well as other
information dissemination of which may cause damage to national interests of
the Republic of Belarus or is prohibited by this Law, other legislative acts of
the Republic of Belarus.
2. Use
in radio, video, television and newsreel programs of latent inserts influencing
people’s subconsciousness or affecting their health is prohibited.
3. Owner
of an information resource (component thereof) placed in the global computer
network Internet is obliged not to allow the use of that information resource
(component thereof) for dissemination of information the content of which
contradicts the requirements of this Law.
Article 39. Information source
protection
1. The
legal person which is entrusted with function of the editorial board of mass
medium and mass medium’s journalist are not obliged to name the source of
information and are not entitled to disclose data on the natural or legal
person which provided the data, without the consent of that person.
2. The
source of information and data on the natural or legal person which provided
the data are to be named upon request of a body of criminal prosecution, of the
court in connection with preliminary investigation proceeding and court
proceeding.
Article 40. Use of latent audio,
video recordings, film and photo shooting
Dissemination
in mass media of informational reports and/or materials, prepared with use of
audio, video recordings, film and photo shooting of a natural person without
his consent is allowed only upon taking measures against possible
identification of that person by strangers, as well as under the condition that
dissemination of those informational reports and/or materials does not breach
constitutional rights and freedoms of the individual and is necessary for
protection of public interests, with the exception of the cases of
dissemination of those informational reports and/or materials at the request of
a body of criminal prosecution or the court in connection with preliminary
investigation proceeding or court proceeding.
Article 41. Use of author's works
and letters
1. When
using in mass media author’s works and letters, copyright and related rights
concerning such works and letters are reserved to their authors and other
rightholders. The author or other
rightholder may determine conditions and character of the use of a work or a letter provided to the
editorial board of the mass medium.
2. The
legal person which is entrusted with functions of the editorial board of the
mass medium shall, on its own discretion, select and disseminate letters
addressed thereto. When disseminating in
mass media letters, text editing and abridging are allowed under the condition
that it does not distort the meaning of the letters. In the case of necessity,
the legal person which is entrusted with functions of
the editorial board of the mass medium shall forward letters to those bodies,
political parties, other public associations, other legal persons, and their officials,
which are competent to consider them.
3. Nobody
has the right to oblige the legal person which is
entrusted with functions of the editorial board of the mass medium, to
disseminate informational reports and/or materials, denied by them, unless otherwise
stipulated by this Law, other acts of legislation of the Republic of Belarus.
Article 42. Right of refutation
(response)
1. Natural
persons are entitled to demand from the legal person which
is entrusted with functions of the editorial board of the mass medium to
disprove disseminated data if those data do not correspond to reality and
disgrace their honour, dignity, or business reputation.
Legal
persons, including foreign ones, are entitled to demand from legal person which is entrusted with functions of the editorial board of
the mass medium or from the owner of the information resource (component
thereof) placed in the global computer network Internet to refutation of
disseminated data if those date do not correspond to reality or disgrace their
business reputation.
2. If
the legal person which is entrusted with functions of the editorial board of
the mass medium or the owner of the information resource (component thereof)
placed in the global computer network Internet has no proofs of the fact that
the data disseminated by them correspond to reality, they are obliged to
disseminate a refutation (correction or clarification).
3. Naturals
persons, state bodies, political parties, other public associations, other
legal persons, in relation to which the mass medium has disseminated data
infringing on their rights and legitimate interests, have the right to
disseminate their response in the same mass medium.
4. Refutation
of the data not corresponding to reality, disseminated in a mass medium, does
not deprive natural and legal persons of the right to appeal for protection of
their honour and dignity or business reputation in the court.
Article 43. Order of
dissemination of refutation (response)
1. The
refutation (response) must indicate which piece of data does not correspond to
reality, when and in what way it was disseminated by the mass medium.
2. A
print mass medium is obliged to disseminate a refutation (response) under a
special rubric or in the same position on the page and with the same font as the
informational reports and/or material being refuted.
3. A
refutation must be broadcast in television or radio-broadcasting mass media in
the same time of the day and in the same program or similar-topic program as
the informational reports and/or material being refuted.
4. A
refutation must be disseminated:
4.1.
in mass media the issuance of which is made at least once per week, - not later
than within ten days after the day of receipt of the demand for refutation
(response) or of the text thereof;
4.2.
in other mass media – in the next issue thereof.
5. Refutation
of information disseminated by means of an information resource (component
thereof) placed in the global computer network Internet shall carried out on
the same information resource (component thereof) by means of which the
information report and/or material being refuted have been disseminated not
later than on the day following the day of receipt of the demand on refutation
(response) or of the text of refutation (response) in the special heading or on
the same place of the page and with the same font as the information report
and/or material being refuted. In that instance the information report and/or
material being refuted are subject to removal.
Article 44. Grounds for refusal
to disseminate refutation (response)
1. The
legal person which is entrusted with functions of the editorial board of the
mass medium is entitled to refuse dissemination of refutation of the data
specified in clause one of Article 42 of this Law if the data is refuted that
has been refuted earlier in that mass medium.
2. The
legal person which is entrusted with functions of the editorial board of the
mass medium or the owner of the information resource (component thereof) placed
in the global computer network Internet is not released from the duty to refute
the data envisaged by clause 1 and 2 of Article 52 of this Law.
3. The
legal person which is entrusted with functions of the editorial board of the
mass medium or the owner of the information resource (component thereof) placed
in the global computer network Internet are entitled to refuse dissemination of
a response if that demand:
3.1.
contains information the dissemination of which is
restricted or prohibited in accordance with Articles 37 and 38 of this Law;
3.2.
contradicts the court judgment that has entered into its legal force;
3.3.
is anonymous.
4. A
refusal to disseminate the refutation (response) shall be directed in writing
to the concerned persons within five days with indications of reasons for
refusal.
5. A
refusal to disseminate the refutation (response) or breach of dissemination
order of refutation (response) may be may be appealed against in court.
CHAPTER
8
INTERNATIONAL COOPERATION IN THE SPHERE OF MASS INFORMATION
Article 45. International
cooperation of mass media
Mass
media participate in international cooperation on the basis of treaties of the
Republic of Belarus.
Article 46. Correspondents posts
of foreign mass media
1. Correspondent
posts of foreign mass media may be opened in the Republic of Belarus.
2. The
order of opening correspondent posts of foreign mass media shall be established
by the Council of Ministers of the Republic of Belarus.
Article 47. Correspondent posts
of mass media of the Republic of Belarus in foreign states
1. Mass
media registered in the Republic of Belarus have the right to open
correspondent posts in foreign states in accordance with the legislation of
those states with obligatory written notification of the republic body of state
administration in the sphere of mass information.
2. The
notification about opening a correspondent post in a foreign state shall be
directed to the republic body of state administration in the sphere of mass
information within one month from the day of opening of the correspondent post.
CHAPTER
9
LIABILITY FOR VIOLATION OF THE LEGISLATION OF THE REPUBLIC OF BELARUS ON MASS
MEDIA
Article 48. Liability for
violation of the legislation of the Republic of Belarus on mass media
Violation
of the legislation of the Republic of Belarus on mass media entails criminal,
administrative, civil or other liability in accordance with this Law and other
legislative acts of the Republic of Belarus.
Article 49. Written caution
1. Written
caution is issued by the republic body of state administration in the sphere of
mass information to the legal person which is
entrusted with functions of the editorial board of the mass medium or to the
owner of the information resource (component thereof) placed in the global
computer network Internet in the case of:
1.1.
commitment of actions contradicting the requirements of this Law, including
bringing to everyone’s notice the information the dissemination of which is
restricted or prohibited in accordance with Articles 37 and 38 of this Law;
1.2.
dissemination of untruthful information that may harm
the state or public interests;
1.3.
production and/or dissemination of products of the
mass medium without permission of the editor-in-chief (editor) of the mass
medium;
1.4.
dissemination of the data not corresponding to reality and disgracing honour,
dignity or business reputation of natural persons or business reputation legal
persons.
2. A
written caution is issued to a founder (founders) of the mass medium in the
case of breaching requirements envisaged by clause 3 of Article 29 of this Law.
21. A
written caution is issued to a disseminator by the republic body of state
administration in the sphere of mass information information in the case of:
21.1. violation by the disseminator of products of television mass
media of requirements of clause 1 of Article 261 of this Law;
21.2. dissemination
of products of a mass medium prior to its state registration or prior to
obtaining by the foreign mass medium disseminating in the territory of the
Republic of Belarus its products without changing form and content of a
respective permit in the republic body of state administration in the sphere of
mass information;
21.3. changing the form or content of products of the foreign mass
medium disseminated in the territory of the Republic of Belarus without
changing its form or content;
21.4. dissemination of products of television and radio
broadcasting mass media prior to their obtaining a special permit (license) for
carrying out activities in the sphere of broadcasting;
21.5. failure
of the disseminator of products of television and radio broadcasting mass media
to notify not later than two working days prior to the beginning (termination)
of dissemination of a radio or television program of the republic body of state
administration in the sphere of mass information about the beginning
(termination) of dissemination of a radio or television program, with the
exception of the case envisaged by indent three of part six of clause 6 Article
17 of this Law;
21.6. violation of requirements for dissemination of products of a
mass medium on erotic nature envisaged by clauses 2 and 3 of Article 21 of this
Law;
21.7. dissemination
of products of the mass medium with a
contract or another document confirming the availability of respective rights
to dissemination of the mentioned products, unless otherwise provided by the
legislation of the Republic of Belarus;
21.8. failure of the disseminator to fulfill a legitimate demand
of a state body about elimination of violations of the legislation of the
Republic of Belarus on mass media.
3. A
written caution shall
be handed in or forwarded by mail, not later than three days
after its issuance, to the legal person which is entrusted with functions of
the editorial board of mass medium or to the founder (founders) of mass medium,
or to the owner of the information resource (component thereof) placed in the
global computer network Internet with indication of committed violations and
term for its elimination.
The
legal person, who is entrusted with functions of the editorial board of the
mass medium and founder (founders) of the mass medium or are obliged to inform
in writing the republic body of state administration in the sphere of mass
information about elimination of violations that served as a ground for issuance
of written caution and submit confirmation documents not later than three days
upon the expiry of the term for elimination of violations, established in the
written caution.
4. The
decision on issuance of a written warning may be appealed against within a month
period by the legal person which is entrusted with functions of the editorial
board of the mass medium or by the founder (founders) of the mass medium, or by
the owner of the information resource (component thereof) placed in the global
computer network Internet
in court.
Article 50. Suspension of
issuance of a mass medium
1. Issuance
of a mass medium may be suspended for the period of up to three months by the
decision of the republic body of state administration in the sphere of mass
information in the cases if:
1.1.
a written caution was issued to the legal person which is entrusted with
functions of the editorial board of the mass medium or to the founder
(founders) of the mass medium and that legal person or founder (founders) of
the mass medium did not eliminate violations that served as a ground for
issuance of the written caution or did not inform the republic body of state
administration in the sphere of mass information about its elimination with
presentation of confirmation documents, in terms envisaged by clause 3 of
Article 49 of this Law;
1.2.
the republic body of state administration in the
sphere of mass information has brought an action to the court about termination
of issuance the of mass medium.
2. The
decision to suspend issuance of a mass medium may be taken not later than six
months after the date of arising of grounds envisaged by clause 1 of this
Article.
3. The
decision to suspend issuance of a mass medium may be appealed against within a
month period in court by the legal person which is
entrusted with functions of the editorial board of the mass medium of by the
founder (founders) of the mass medium.
4. According
to a decision of the founder (founders) of the mass medium, issuance of the
mass medium may be suspended for a period of up to six months, but not more
often than once in two years.
Article 51. Termination of
issuance of a mass medium
1. Issuance
of a mass medium may be terminated by a court judgment upon an action of the
republic body of state administration in the sphere of mass information or of
the public prosecutor.
2. The
republic body of state administration in the sphere of mass information may
bring and action to the court about termination of the issuance of a mass
medium in the case of:
2.1.
a single violation of provisions of this Law that establish the order of
dissemination of products by foreign mass media, or official information
reports and/or materials, of products of an erotic nature, as well as of the
procedure of carrying out broadcasting of a television or radio program;
2.2.
issuance of two or more written cautions during a year
to the legal person which is entrusted with functions of the editorial board of
the mass medium or to the founder (founders) of the mass medium;
2.3.
attainment of the state registration certificate of
the mass medium with violation of the legislation of the Republic of Belarus
through the entry of knowingly false data in the documents presented for the
mass medium’s state registration.
3. Action
about termination of issuance of a mass medium may be brought not later than
six months from the day of arising grounds envisaged by sub-clauses 2.1 and 2.2
of clause 2 of this Article.
4. The
public prosecutor may bring an action to the court about termination of the
issuance of a mass medium when officials of the legal person which is entrusted
with functions of the editorial board of the mass medium or the founder
(founders) of the mass medium were issued two and more public prosecutor`s
official cautions during a year about inadmissibility of recurrent commitment
of offences which entail liability established by this Law or other acts of
legislation of the Republic of Belarus on mass media or of their preparing for
commitment of illegal actions.
Article 511.
Restriction of access to products of mass media disseminated by means of
information resource (component thereof) placed in the global computer network
Internet
1. Restriction
of access to products of mass media disseminated by means of information
resource (component thereof) placed in the global computer network Internet is
carried out according to a decision of the republic body of state
administration in the sphere of mass information in the case of:
1.1.
issuance of two and more written cautions within a
year to the owner of the information resource (component thereof) placed in the
global computer network Internet;
1.2.
dissemination by means of information resource (component thereof) placed in
the global computer network Internet of information reports and/or materials
prohibited or restricted for dissemination in accordance with legislative acts
of the Republic of Belarus, and also by court judgments entered into legal
force;
1.3.
failure of the owner of the information resource
(component thereof) placed in the global computer network Internet of a
legitimate demand of a state body about elimination of violations of the
legislation of the Republic of Belarus on mass media.
2. A
decision about restriction of access to products of mass media disseminated by
means of information resource (component thereof) placed in the global computer
network Internet in relation to the owner of the information resource
(component thereof) placed in the global computer network Internet may be taken
not later than within three months from the day of arising grounds envisaged by
sub-clauses 1.1 – 1.3 of clause 1 of this Article.
3. The
order for restriction of access to products of mass media disseminated by means
of information resource (component thereof) placed in the global computer
network Internet shall
be established by a specially authorized state body in the sphere of security
of using the national segment of the global computer network Internet jointly
with the Ministry of Communications and Informatization of the Republic of
Belarus.
Article 52. Circumstances which
exclude liability
1. A
journalist, a founder (founders) of a mass medium, the editor-in-chief (editor)
of a mass medium, the legal person which is entrusted with functions of the
editorial board of a mass medium, disseminator of products of a mass medium,
information agency, correspondent post do not bear liability for dissemination
of data not corresponding to reality, if that data:
1.1.
are received from state bodies, other state
organizations, their officials, as well as are contained in official
informational reports and/or materials;
1.2.
are received from information agencies provided that
there is a reference to those information agencies;
1.3.
are received from political parties, other public
associations, other legal persons, as well as are contained in official
informational reports and/or materials of press-services of political parties,
other public associations, other legal persons;
1.4.
are a word for word reproduction of official presentations of state bodies` officials;
1.5.
contained in informational reports and/or materials of
television and radio-broadcasting mass media which are put on air without prior
recording.
2. Subjects
of legal relations in the sphere of mass information, specified in clause 1 of
this Article, before dissemination of the data which may discredit the Republic
of Belarus as well as disgrace honour, dignity or business reputation of
natural persons or business reputation of legal persons, received from sources
specified in sub-clause 1.3 of clause one of this Article, are obliged to
verify truthfulness of the specified data and give an opportunity to
disseminate simultaneously a commentary of natural and/or legal persons,
including state bodies and other state organizations (their press-services), in
relation to which those data may be disseminated or within competence of which
falls the preparation of explanations in relation to the data being
disseminated.
In
the case of non-fulfillment of requirements envisaged by part one of this clause,
subjects of legal relations in the sphere of mass information, envisaged by
part one of this Article, are not exempted from
liability for dissemination of the data not corresponding to reality.
3. Subjects
of legal relations in the sphere of mass information, specified in clause 1 of
this Article, retain the right not to disseminate the data specified in clause
2 of this Article.
CHAPTER
10
FINAL PROVISIONS
Article 53. [Translation is not
provided]
Article 54. Measures on
implementation of provisions of this Law
1. The
Council of Ministers of the Republic of Belarus shall, within a five-month
period:
1.1.
prepare and submit in the established order proposals
about bringing the legislation of the Republic of Belarus in compliance with
this Law;
1.2.
take other measures necessary for implementation of
provisions of this Law.
2. Mass
media shall pass, within one year, the re-registration in conformity with
requirements established by this Law.
At
that, the grounds for refusal of state registration of mass media, envisaged in
sub-clauses 1.5 and 1.6 of clause 1 of Article 15 of this Law, shall not be
applied during re-registration of mass media registered in the established
order as of the day of adoption of this Law.
Article 55. Entry into force of
this Law
This
Law enters into force in six months after its official publication with the
exception of this Article and clause 1 Article 54 which enter into force from
the day of official publication of this Law.
|
President of the Republic of
Belarus |
A. Lukashenko |
* unofficial
translation *