Attention users!
A table of contents has been created for the convenience of using the rcpi.
Note of the rcli!
The procedure for putting this Law into effect in the Republic of Kazakhstan see article 43
This Law regulates public relations in the field of TV and radio broadcasting, rights and obligations of TV and radio broadcasting subjects.
Chapter 1. GENERAL PROVISIONS
Article 1. Basic concepts used in this Law
The following basic concepts are used in this Law:
1) subscriber – an individual or legal entity that has concluded a contract with a TV and radio broadcasting operator to receive TV and radio broadcasting services;
1-1) children's TV program – TV program intended for children under 12 years old with typical for this age group story;
1-2) educational TV program – TV program intended for a wide range of people, the content of which is aimed at teaching the viewer in the system specific knowledge in a particular field of science, culture, production, art and social life;
1-3) the distribution of the individual satellite and terrestrial receivers – an individual or legal person that distributes cards for conditional access to services of operators of broadcasting equipment designed for private reception of television, radio operators and television stations, licensed in the field of broadcasting and having its own satellite broadcasting systems in the territory of the Republic of Kazakhstan;
2) individual satellite and terrestrial receiver equipment (reception apparatus for television communication), intended for private reception of television and radio signals;
3) multi-channel transmission sound transmission of two or more sounds in a TV program that provides the user the opportunity to select the display language;
3-1) religious TV program – TV program, aims to inform and raise the awareness on the issues of the religious sphere;
4) TV channel free access to TV, radio channels distributed via digital terrestrial and satellite broadcasting for unlimited number of individuals without charging a fee for the right view;
5) multi-channel broadcasting is a telecommunication system designed to distribute packages of television and radio channels;
5-1) of the state technical service Republican state enterprise on right of economic management, created by decision of the Government of the Republic of Kazakhstan;
6) mandatory TV and radio channel – a TV and radio channel included in the relevant list approved by the authorized body, mandatory for distribution through multi-channel broadcasting throughout the territory of the Republic of Kazakhstan;
7) domestic TV and radio channel – mass media, which is a set of TV and radio programs and audiovisual works, stories and materials formed by TV and radio companies of the Republic of Kazakhstan in accordance with the broadcasting network for subsequent broadcast and (or) retransmission;
8) domestic TV and radio programs – TV and radio programs created by TV 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;
9) retransmission – reception and simultaneous or recorded distribution of TV, radio programs, TV, radio channels using telecommunications equipment and telecommunications networks;
10) subtitles – a method of distributing information contained in a TV program by means of text duplication of the audio accompaniment of the original TV program;
11) TV set-top box – a separate technical device intended for receiving digital TV and radio signals by the subscriber;
11-1) telegazeta – electronic full version of a periodical printed publication distributed in telecommunications networks by TV and radio broadcasting operators for the consumer;
12) TV and radio channel – a mass media, which is a set of TV and radio programs and audiovisual works, stories and materials formed in accordance with the broadcasting network for subsequent broadcast and (or) retransmission;
13) package of TV and radio channels – a set of TV and radio channels formed by a TV and radio broadcasting operator for distribution via multi-channel broadcasting in telecommunications networks;
14) distribution of television and radio channels – bringing to the consumer of television and radio programs with the use of technical means of telecommunications;
15) the certificate of registration of TV and radio channels – a document in established form issued by authorized body of the radio and enables the distribution of TV and radio channels on the territory of the Republic of Kazakhstan;
16) television and radio programme – informative part of the completed television and radio channel that has a corresponding title, volume of broadcasting and can be used independently from other parts of TV and radio channels;
17) television and radio company – a natural or legal person who is the owner of TV and radio channels and received the certificate of registration of TV and radio channels;
18) TV and radio broadcasting – formation and (or) distribution of TV and radio channels using technical means of telecommunications and in telecommunications networks for public reception by the consumer in open or encoded form;
19) service broadcasting – reception, processing, storage, transmission, delivery of television and radio programs to the subscriber;
20) the operator of broadcasting – a natural or legal person licensed to engage in the distribution of television and radio channels;
21) technical means of 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 and radio programs;
22) technical means of telecommunications – technical devices that allow forming, receiving, processing and transmitting television and radio signals;
23) authorized body in the field of TV and radio broadcasting (hereinafter – authorized body) – a state body that performs state regulation in the field of TV and radio broadcasting;
23-1) the authorized body in the field of technical support of broadcasting – public authority exercising the state regulation in the field of technical support of television and radio broadcasting;
24) stream, the primary signal distribution of television and radio channels with the use of technical means of telecommunication and telecommunication networks;
25) national network broadcasting – system hardware and communication channels owned by the state for the distribution of television signals in the territory of the Republic of Kazakhstan;
26) broadcasting grid – a list, sequence, name, time of airing of TV and radio programs that reflect the main directions of the program concept of broadcasting for a specific period;
26-1) conditional access card – a device containing the ID of individual satellite and terrestrial receiving devices that provides subscriber access to the services of a TV and radio broadcasting operator;
27) TV and radio channel of conditional access – TV and radio channel distributed by TV and radio broadcasting operators on 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.
Footnote. Article 1 as amended by the Constitutional Law of the Republic of Kazakhstan dated 03.07.2013 No. 121-V (effective after ten calendar days after its first official publication); laws of the Republic of Kazakhstan dated 24.11.2015 No. 419-V (effective from 01.01.2016); 28.12.2017 No. 128-VI (effective after ten calendar days after the day of its first official publication).
Article 2. Scope of this Law
1. This Law applies to individuals and legal entities that carry out their activities in the field of television and radio broadcasting on the territory of the Republic of Kazakhstan.
2. The provisions of this Law shall also apply to foreign natural and legal persons operating in the field of broadcasting on the territory of the Republic of Kazakhstan.
Article 3. Legislation of the Republic of Kazakhstan on TV and radio broadcasting
1. the Legislation of the Republic of Kazakhstan on broadcasting is based on the Constitution of the Republic of Kazakhstan, consists of this Law and other regulatory legal acts of the Republic of Kazakhstan.
2. If an international Treaty ratified by the Republic of Kazakhstan establishes rules other than those contained in this Law, the rules of the international Treaty shall apply.
Chapter 2. STATE REGULATION IN the field of TV and radio BROADCASTING
Article 4. Basic principles of state regulation in the field of TV and radio broadcasting
The principles of state regulation of activities in the field of television and radio broadcasting are:
1) ensuring the constitutional guarantees of the rights to free receipt of information and dissemination by any means not prohibited by law, freedom of speech and creativity;
2) ensuring information security of the individual, society and the state when using TV and radio broadcasting services;
3) equal rights of individuals and legal entities to participate in broadcasting activities;
4) protection of rights and legitimate interests of consumers of broadcasting services, individuals and legal entities carrying out activities in the field of broadcast