Article 1. The basic concepts used in this Law of the Law on Mass Media
The following basic concepts are used in this Law:
1) subscriber – a natural or legal person who has concluded a contract with a television and radio broadcasting operator for the provision of broadcasting services;
2) simplified accreditation procedure – an automated process for the accreditation of mass media and their journalists (media representatives) through the issuance of an accreditation card;
3) information sovereignty is the independence of the information space of the Republic of Kazakhstan, which determines the socio-political independence of the citizens of the Republic of Kazakhstan in shaping the information agenda;
4) children's television and radio program – a television and radio program intended for children under the age of 12, having a plot characteristic of this age group;
5) editor–in-chief (editor) - an individual who heads the editorial office of a mass media outlet and has the appropriate authority to produce and distribute mass media products;
6) mass media – periodical print edition, TV, radio channel, online edition;
7) distributor of mass media – a natural or legal person who distributes mass media products under an agreement with its owner, publisher or on other legal grounds;
8) mass media products – the circulation or part of the circulation of a separate issue of a periodical or audiovisual work, a separate issue of a television or radio program, as well as information posted in an online publication;
9) editorial office of a mass media outlet – an individual or a creative team that is a structural subdivision of a legal entity that collects, prepares materials, issues and distributes mass media;
10) educational television, radio program – a television, radio program intended for a wide range of people, the content of which is aimed at educating the viewer or radio listener in the system of specific knowledge in a particular field of science, culture, production, art and social life;
11) unified media platform is an information system designed to implement the state information policy;
12) distributor of individual satellite and terrestrial receiving devices – an individual or legal entity that distributes conditional access cards to the services of television and radio broadcasting operators, equipment designed for individual reception of television and radio signals from television and radio broadcasting operators licensed in the field of television and radio broadcasting and having their own satellite broadcasting systems in the territory of the Republic of Kazakhstan;
13) individual satellite and terrestrial receiving device – equipment designed for individual reception of television and radio signals;
14) multi–channel audio transmission - transmission of two or more audio accompaniments in a TV program, giving the subscriber the opportunity to choose the viewing language.;
15) free access television and radio channel – a television and radio channel distributed through digital terrestrial and satellite broadcasting to an unlimited number of people without charging a fee for the right to watch;
16) journalist (representative of the mass media) – an individual engaged in the collection, processing and preparation of messages and materials for the mass media on the basis of employment or other contractual relations with the editorial office of the mass media;
17) accreditation of a journalist (a representative of a mass media outlet) is a procedure for appointing a journalist and recognizing his/her authority by a state body and (or) an organization.;
18) special status of a journalist – the status of a journalist providing for the protection of the rights and freedoms of a journalist, extended rights when searching, requesting, receiving and distributing information, as well as other special rights established by this Law;
19) multichannel broadcasting is a telecommunication system designed to distribute packages of television and radio channels;
20) mass media – a mass media outlet and an online resource;
21) mass media monitoring is the process of collecting and analyzing mass media products for compliance with the legislation of the Republic of Kazakhstan, as well as for harming the moral development of society and violating universal, national, cultural and family values;
22) mass media products – products of mass media, as well as information posted on an Internet resource;
23) distribution of mass media products - sale (subscription, delivery, distribution) of periodicals, broadcasting of television and radio programs, audiovisual work, bringing television and radio programs to the consumer using telecommunications equipment and in telecommunications networks, as well as posting information in online publications or on the Internetresources;
24) The authorized body in the field of mass media (hereinafter referred to as the authorized body) is the central executive body responsible for state regulation in the field of mass media;
25) State information policy is a set of government measures aimed at creating and disseminating information that satisfies the interests of the state and society, the objectives of which are to strengthen and protect information sovereignty.;
26) state–owned mass media means a mass media outlet with more than fifty percent of voting shares, shares in the authorized capital, and shares owned by the state.;
27) non–governmental mass media means a mass media outlet with less than fifty percent of the voting shares, shares in the authorized capital, and shares owned by the state.;
28) periodical print edition – newspaper, magazine, almanac, bulletin, appendices to them, having a permanent name, current issue and issued at least once every three months;
29) mandatory television and radio channel - a television and radio channel included in the relevant list approved by the authorized body, mandatory for distribution through multichannel broadcasting on the territory of the Republic of Kazakhstan, with the exception of digital terrestrial television and radio broadcasting networks and telecommunications networks;
30) domestic television and radio channel – a television and radio channel formed by television and radio companies registered in the territory of the Republic of Kazakhstan;
31) domestic television and radio programs – television and radio programs created by television and radio companies or individuals and legal entities registered in the territory of the Republic of Kazakhstan and operating in the territory of the Republic of Kazakhstan and abroad;
32) state order for the implementation of state information policy at the regional level – an order for the provision of services at the expense of budgetary funds for the implementation of state information policy at the regional level;
33) film and video products of a pornographic and special sexually erotic nature - naturalistic, detailed fixation of sexual intercourse or demonstration of naked genitals during sexual contact, contributing to the arousal of sexual desire or satisfaction of sexual needs that do not correspond to moral values, offend human honor and dignity;
34) official communication – information provided and (or) disseminated through mass media by the information holder established in accordance with the Law of the Republic of Kazakhstan "On Access to Information";
35) state order for the implementation of state information policy at the national level – an order for the provision of services at the expense of budgetary funds for the implementation of state information policy, placed in the state mass media;
36) retransmission – reception and simultaneous or recorded distribution of television, radio programs, television, radio channels using telecommunications equipment and in telecommunications networks;
37) subsidizing part of the costs of satellite TV and radio broadcasting operators – non-refundable payments from the budget aimed at reimbursing part of the costs of satellite TV and radio broadcasting operators, with the exception of the national TV and radio broadcasting operator, in order to encourage the population of cities of regional significance, towns, villages, rural districts to use the services of domestic satellite devices;
38) subtitles are a way of distributing information contained in a TV program by text duplication of the original sound accompaniment of the TV program.;
39) a television set–top box is a separate technical means designed for receiving a digital television or radio signal by a subscriber;
40) television and radio channel – a mass media, which is a set of television, radio programs and audiovisual works, plots and materials formed in accordance with the broadcast schedule for subsequent broadcast and (or) retransmission;
41) a package of television and radio channels is a set of television and radio channels formed by a television and radio broadcasting operator for distribution through multi-channel broadcasting in telecommunications networks;
42) a television or radio program is a meaningfully completed part of a television or radio channel, which has the appropriate name, broadcasting volume and can be used independently of other parts of the television or radio channel.;
43) a television and radio company is an individual or legal entity that owns a television or radio channel, or its branch (representative office), which has received a certificate of registration of a television or radio channel.;
44) television and radio broadcasting – the formation and (or) distribution of television and radio channels using telecommunications equipment and in telecommunications networks for public reception by the subscriber in open or encoded form;
45) technical means of television and radio broadcasting – a set of radio-electronic means and receiving and transmitting technical devices that ensure the production, formation, distribution and (or) reception of television, radio channels and television, radio programs;
46) national television and radio broadcasting network – a system of technical means of telecommunications and television and radio broadcasting owned by the state, ensuring the distribution of television and radio signals on the territory of the Republic of Kazakhstan;
47) broadcasting service – reception, processing, storage, transmission, delivery of television and radio programs to the subscriber;
48) a television and radio broadcasting operator is a natural or legal person who has obtained a license to distribute television and radio channels;
49) broadcasting is the primary distribution of a signal from television and radio channels using telecommunications equipment and in telecommunications networks;
50) correspondent office is a separate structural subdivision of a legal entity that performs the functions of the editorial office of a mass media outlet and collects, stores, creates (prepares) information messages and (or) materials for this media outlet, as well as distributes its products;
51) broadcasting grid – a list, sequence, name, time of broadcast of television and radio programs, reflecting the main directions of the program concept of broadcasting for a specific period;
52) censorship is the preliminary coordination of mass media reports and materials with government agencies, officials and other organizations at their request or on other grounds in order to restrict or prohibit the dissemination of messages and materials or their individual parts.;
53) conditional access card – a device containing the identifier of individual satellite and terrestrial receiving devices, providing subscriber access to the services of the broadcasting operator;
54) conditional access television and radio channel - a television and radio channel distributed by television and radio broadcasting operators in the territory of the Republic of Kazakhstan for an unlimited number of persons, the right to view which is provided on the basis of a paid contract;
55) erotic products are printed publications that demonstrate sexual relations between people, intimate parts of the human body, with the exception of genitals, and do not contain elements of pornography.;
56) going on the air is the broadcasting of television, radio programs, and audiovisual recordings using analog and digital electromagnetic systems.
This Law regulates public relations in the field of mass media, establishes their legal basis and is aimed at ensuring the constitutional right to freedom of speech and creativity.
President
Republic of Kazakhstan
© 2012. RSE na PHB "Institute of Legislation and Legal Information of the Republic of Kazakhstan" of the Ministry of Justice of the Republic of Kazakhstan
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