THE LAW OF THE REPUBLIC OF AZERBAIAJN ON MASS MEDIA

CHAPTER I.
General provisions

Article 1. Freedom of mass information
The mass information in the Azerbaijan Republic is free. Freedom of the mass information is based on supply by the state of the right of the citizens on seeking, getting, preparing, transmission, production and dissemination of information by a valid way.

Establishing of mass media means, possession, use and control to them, seeking, getting, preparing, transmission, production and dissemination of the mass information can not be bounded, except for cases, foreseen by the legislation of the Azerbaijan Republic on mass media.

Article 2. Sphere of applying of the present Law
The present Law is diffused to all mass media established on the territory of the Azerbaijan Republic, and also only on a part of mass media, established behind its boundaries and distributed on the territory of the Azerbaijan Republic.

Article 3. The basic concepts
The concepts, used in the present Law, express following values:

the mass information - foreseen for shareware print, audio-, audiovisual messages and other information, seeking, getting, preparing, transmission, production and distribution of which one are not confined to the legislation of the Azerbaijan Republic;

mass media - periodic print publications, TV-Radio programs, programs of a newsreel, information agencies, Internet and other forms of distribution;

TV-Radio programs and programs of a newsreel, - collection of audio-, audiovisual messages and materials (transmissions) having a constant title and emitted in an ether not less once annually;

periodic print publications - prepared by means of printing process or any copying machine and having more than 100 copies of single circulation, constant title and flowing number and issued not less than 12 times per year the newspaper and printed not less than 2 times annually magazines, collections, bulletins and other periodic publications;

product of mass media - circulation of one number of print publication or its part, separate discharge of TV-Radio programs, programs of a newsreel, circulation of audio either video record of the program or part of its circulation;

dissemination of the product of mass media - sale or allocation of periodic print publications, TV-Radio programs, audio or video record, distribution of TV-Radio programs, demonstration of newsreel programs;

the specialized mass media - the mass media, for production (distribution) of which one are established special rules by the present Law;

the accountable editor - the editor-in-chief (editor) managing print publication, or person, changing him/her, in a TV-Radio organizations - a person issuing resolution on the distribution of transmissions (programs);

the publisher - publishing house, other entity (holder) or equal to the publisher a physical or legal person, supplying the material side of production of print publications, basic source of the income of which one is not the given area of activity;

the distributor - a physical or legal person executing the distribution of the product of mass media by covenanting with editorial office or publisher or on other valid foundations;

pornographic materials - art, photo product, product of painting, information and other materials, the basic contents of which one is the coarse and unworthy side of anatomic and physiological properties of sexual relations.

Article 4. Basic principles of operation and distribution of mass media (removed with the law of December 28th 2001)

Article 5. The legislation of the Azerbaijan Republic on mass media
The legislation of the Azerbaijan Republic on mass media consists of the Constitution of the Azerbaijan Republic, present Law, laws of the Azerbaijan Republic "On freedom of the information", "On the order of consideration of the appeals of the citizens", "On communication", "On state secrets", "On the copyright and related rights", and also other appropriate acts.

In case of conflicts between the intergovernmental agreements maintained by the Azerbaijan Republic and present Law the international contracts are applied.

Article 6. Language of mass media
The state language is used by mass media on the territory of the Azerbaijan Republic. The citizens of the Azerbaijan Republic shall have the right on usage by production and dissemination of the mass information of other languages, on which one speaks the population of the Azerbaijan Republic, and also other languages, widespread in the world.

Article 6-1. Financing of mass media
Mass media shall have the right to be financed by all means except sources restricted by law.

CHAPTER II.
The foundations of freedom of mass information

Article 7. An inadmissibility of censorship
State censorship on the mass media, and also creation and financing of special state organs or posts with this purpose are not enabled. The state organs, municipalities, enterprises, plants and organizations, public associations, officials, and also political parties have no right to require the preliminary agreement with them of the items of information and materials, disseminated in the mass media, or to prohibit their dissemination, except for cases, when they are the authors of the information or interview.

Article 8. The right of mass media on getting the information
The mass media have the right to gain the quick and authentic items of information about economical, political, public and social situation in society, activity of state organs, municipalities, enterprises, plants and organizations, public associations, political patries and officials. This right can not be bounded, except for cases indicated in the legislation of the Azerbaijan Republic.

State organs, municipalities, enterprises, plants and organizations, public associations, political parties, the officials give the information on the activity based on the request of mass media, and also by conducting press-conferences or in other forms.

The request for getting the information can be written and oral. The demanded information can be given by (with) the officials of evocative organs, organizations and public associations, their deputies, representatives of a press service or other plenipotentiary persons. The letter of inquiry on getting the information is esteemed in the order and in periods established by the legislation of the Azerbaijan Republic. In case in the periods, indicated by the law, the given information will lose the operationability, on request the answer exigent should be given, and if it is not obviously possible - not later than 24 hours. The representative of mass media has the right to give the complaint on refused to give the information state organs, municipalities, enterprises, plants and organizations, public associations, political parties or officials pursuant to the legislation of the Azerbaijan Republic.

Article 9. Antimonopoly measures
The state guarantees the self-sufficiency of mass media, takes measures for prevention of monopoly of activity and unfair competitiveness in the field of production and distribution of product of mass media pursuant to the legislation of the Azerbaijan Republic.

Article 10. An inadmissibility of abusing the freedom of the mass information Draft on funds of the mass information with the purposes of distribution of secrets guarded by the legislation of the Azerbaijan Republic, violent overthrow of an existing constitutional state formation, attempt on integrity of the state, propagation of war, violence and cruelty, national, racial, social hate or intolerance, printing under cover of a title of an authoritative source of hearings, lie also of prejudiced publications humiliating honor and a dignity of the citizens, pornographic materials, slander or undertaking of other unlawful operating is not enabled.
Article 10-1. Secret tape recordings
Only in the following cases it is allowed to use the secret audio and video recordings, films and photos or distribute information and materials prepared using these recordings:

If there is written agreement of the person or citizen and necessary steps are taken to protect Constituional Rights and freedoms of other person;

If demonstrated by the decision of court;

Using secret audio-video recordings, films and photos in violation of the norms of this article causes responcibility relevant to the legislation of Azerbaijan Republic.

Article 11. Special cases bloking the distribution of information, opening the source of information
The editorial office of mass media or journalist is not allowed to:

1. Open information in news and materials which is provided by person with the storage condition;

2. Identify the name of the person who provided information with the storage condition;

3. Distribute information on investigation and research without agreement of researcher, investigator, prosecutor who is heading the processual leadership to the first investigation or the court;

4. Distribution of any information about the person of the minors accused of undertaking of a crime, without theirs consent or consent of their valid representatives.