Article 9. State regulation in the field of mass media The Law on Mass Media

Home / RLA / Article 9. State regulation in the field of mass media The Law on Mass Media

1. State regulation in the field of mass media is carried out through state control over compliance with the legislation of the Republic of Kazakhstan on mass media, registration of mass media, as well as licensing the activities of broadcasting entities.

2. In order to ensure the safety of products sold by the subject of control, the national security of the Republic of Kazakhstan, increase the competitiveness of domestic products and protect the constitutional rights, freedoms and legitimate interests of individuals and legal entities, in accordance with the Business Code of the Republic of Kazakhstan, state control over compliance with the legislation of the Republic of Kazakhstan on mass media is carried out.

3. State control over compliance with the legislation of the Republic of Kazakhstan on mass media is carried out by the authorized body and local executive bodies of regions, cities of republican significance, the capital, districts (cities of regional significance) in the form of inspections and preventive control with visits to the subject (object) of control in accordance with the Business Code of the Republic of Kazakhstan, as well as in the form of preventive control without visiting the subject (object) of control in accordance with the Business Code of the Republic of Kazakhstan and this Law.

4. State control over compliance with the legislation of the Republic of Kazakhstan on mass media in terms of compliance with the requirements provided for in Article 56 of this Law is carried out by the authorized body with the involvement of the state radio frequency service.

5. Preventive control without visiting the subject (object) of control is carried out by the authorized body and local executive bodies of regions, cities of republican significance, the capital, districts (cities of regional significance) by comparing and analyzing information obtained from various sources of information, including in accordance with the procedure determined by the authorized body.

6. The object of preventive control without visiting the subject (object) of control over compliance with the legislation of the Republic of Kazakhstan on mass media is the activity of periodicals, television, radio channels, online publications, Internet resources, television and radio broadcasting operators, distributors of individual satellite and terrestrial receiving devices.

7. The subjects of control are the owners of mass media, television and radio companies, television and radio broadcasting operators and distributors of individual satellite and terrestrial receiving devices.

8. The objectives of preventive control without visiting the subject (object) of control are the timely suppression and prevention of violations, granting the subjects of control the right to independently eliminate violations identified by the authorized body, local executive bodies of regions, cities of republican significance, the capital, districts (cities of regional significance) based on the results of preventive control without visiting the subject (object) of control, and reducing the administrative burden on them.

9. In case of detection of violations based on the results of preventive control without visiting the subject (object) of control by the authorized body, local executive bodies of regions, cities of republican significance, the capital, districts (cities of regional significance), a recommendation is sent to the subject of control no later than five working days from the date of detection of violations.

The recommendation must be delivered to the subject of control personally against signature or in any other way confirming the facts of its sending and receipt.

A recommendation sent in one of the following ways is considered to have been served in the following cases::

1) on purpose – from the date of the mark in the receipt recommendation;

2) by mail – from the date of notification of receipt of the postal item by registered mail;

3) electronically – from the date of sending by the authorized body, local executive bodies of regions, cities of republican significance, the capital, districts (cities of regional significance) to the email address of the subject of control specified in the letter upon request by the authorized body, local executive bodies of regions, cities of republican significance, the capital, districts (cities of regional significance).

10. The recommendation to eliminate violations identified by the results of preventive control without visiting the subject (object) of control must be executed within ten working days from the day following the day of its delivery.

11. In case of disagreement with the violations specified in the recommendation, the subject of control has the right to send an objection to the authorized body, local executive bodies of regions, cities of republican significance, the capital, districts (cities of regional significance) within five working days from the day following the day of delivery of the recommendation.

12. Failure to comply with the recommendations on the elimination of violations identified by the results of preventive control without visiting the subject (object) of control within the prescribed period entails the appointment of preventive control with a visit to the subject (object) of control by including in the semi-annual list of preventive control with a visit to the subject (object) of control.

13. Preventive monitoring without visiting the subject (object) of monitoring compliance with the legislation of the Republic of Kazakhstan on mass media is carried out for mass media no more than once a day, for television and radio companies, television and radio broadcasting operators, distributors of individual satellite and terrestrial receiving devices no more than once a week.

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

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