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PROPOSED CHANGES TO THE LAW ON MASS MEDIA
To establish print media there is no need to get permission from state organs.
The legal or physical person wishing to establish print publication is obliged to apply officially to the relevant organ of executive authority 7 days before printing the publication to receive registration.
The application shall consist of a receipt from paying the state fee, if the founder is a legal entity – the charter for the legal entity as it is registered, and the following:
* the title of print publication, aim, circulation, legal address;
* the name and surname of the founder, editor or editor-in-chief (if any) of print publication;
* if the founder or editorial collective of print publication is legal person, the registered charter of that entity.
If the print publication is distributed without notification to the relevant organ of executive power or it is identified that the information provided in the application are not true, the relevant organ of executive power shall apply to the relevant court to stop the activities of that publication.
The creation of mass media bearing the name of state organizations, international structures, departments and enterprises, and local self-regulation organ is done on the basis of an agreement with that structure. It is not permitted to create mass media bearing the name of Azerbaijan’s distinguished people (without permission from that person’s close relatives or inheritor), names of already existing mass media, or names the could confuse the population, or mass media that insults morality, national or religious feelings.
Legal and physical entities of foreign countries shall have the right to establish mass media in the territory of the Azerbaijan Republic pursuant to interstate agreements signed by the Azerbaijan Republic (under term of legal entity of foreign country it is understood that if more than 30% of shares of legal entity belong to legal entities or citizens of foreign countries, or more than 1/3 of founders are legal entities or citizens of foreign countries).
* the persons who are imprisoned by the court decisions and the persons whose disability is approved by the court;
* public associations and political parties which don't have state registration or whose activities are forbidden by the law can't establish mass media organs.
* the founders of mass media that are liquidated due to committed law violations can be banned from creating other mass media for up to five years through a court decision.
* the manner for founding a broadcaster is determined in relevant legislation
Article 19. Suspension of production and distribution of mass media or their termination
Production and propagation of mass media can be temporarily suspended or liquidated only through a decision of the founder(s) or court.
Relevant executive authority can file a complaint in court against print media for temporary suspension of print media’s activities for up to two months:
1. if a foreigner or a person without a university education is appointed editor (chief editor)
2. if print media is brought to administrative responsibility for abusing information freedom and journalistic rights and then within the same year commits that same violation
Relevant executive authority can file a complaint in court for liquidation of mass media:
1. if print media does not fulfill the demands in the fifth paragraph of Article 3 of this law;
2. if information or calls are published (or aired) that damage the country’s territorial integrity, security or public order, including pornographic material
3. if it is determined that a mass media is funded in contradiction with this law by a government structure of a foreign country or a physical and legal entity;
4. if within
one two years a mass media institution print media is brought to responsibility for writing a biased article three times.
PROPOSED CHANGES TO LAW ON STATE FEES
2.0. State fees are taken in the following cases:
2.0.20 for registration of print media
Article 33-1. Degree of state fee for registration of print media
Action that State Fee is taken for
State Fee amount
Registration of print media