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Chapter III. Mass Communication
Concerning the Rules for the Spread of Periodical Printed Publications by Subscription see Decision of the Government of the Russian Federation No.250 of March 14, 1995
Article 25. The Order of Dissemination
Private citizens, their associations, officials, enterprises, institutions, organizations and state agencies shall not be allowed to prevent the lawful dissemination of mass communication products.
The dissemination of mass communication products shall be deemed to be commercial, if payments are made for them. Products designed for non-profit dissemination shall have the note «gгatis» and may not bean object of commercial circulation.
The demonstration of videograms in living quarters and also the taking of single copies of them, unless a payment is made directly or indirectly, shall not be regarded as the dissemination of mass communication products in the meaning of the present Law.
The retail sale of periodical publications, including sale from hand to hand, shall not be liable to limitations, except for the publications provided for by the present Law. The retail sale of the total print of periodicals in places which are not of public resort - in special premises or in other facilities where a special regime has been instituted by their owner or the person authorized to manage his property - shall be allowed only with the consent of said persons.
In case the editorial office, publisher or distributor violates the author's property or personal nоn-property rights and in other cases provided for by the law, the dissemination of mass communication products may be terminated by decision of a court of law,
Article 26. Airing
Mass communication products shall be disseminated only after the editor-in-chief permits рublication or airing.
Article 27. Publisher's Imprint
Every issue of a periodical printed publication shall contain the following information:
1) the name of the publication;
2) the founder (co-founders);
3) the full name of the editor-in-chief;
4) the ordinal number of the issue and the date of its appearance and for newspapers also the time of signing for press (under the adjusted schedule and actual time);
5) postal index for publications distributed by post offices;
6) total circulation;
7) price or the note «free-market price» or «grants»;
8) the addresses of the editorial office, publisher and the printing house.
With every airing of a radio or TV programme and during the uninterrupted broadcasting at least four times a day the editorial office shall be obliged to announce the programme name.
Every copy of audio, video - or newsreel programme shall contain the following information:
1) the programme name;
2) the date of appearance (or run) and the issue number;
3) the name and initials of the editor - in - chief;
4) total circulation;
5) the editorial office and its address;
6) price or note «free-market price» or «grants».
Reports and materials of a news agency shall be accompanied with its name.
If a mass medium is not released from registration, the import shall also indicate the registration body and the respective registration number.
Article 28. Total Circulation
The total circulation of a periodical printed publication, an audio , video - and newsreel programme shall be determined by the editor - in - chief by agreement with the publisher.
The confiscation and also the destruction of the circulation or the part thereof shall be allowed only by the decision of a court of law that has entered into force.
A circulation fee shall be instituted for mass media specializing in the production of advertising or erotic products and collected in the order determined by the Government of the Russian Federation.
Article 29. Deposit Copies
Obligatory free deposit copies of periodicals, including those
released from registration on the strength of Article 12 of the present
Law shall be sent upon the manufacture of the initial issue of the print by the editorial office to the founder (co-founders), the body that has registered the given mass medium, the Ministry of the Press and Information of the Russian Federation, the Scientific and Production Association of the All-Union Book Chamber, the Lenin State Library of the USSR, the Saltykov - Shchedrin State Public Library, the Library of the Supreme Soviet of the Russian Federation and the Library of the President of the Russian Federation
The Ministry of the Press and Information of the Russian Federation shall have the right to oblige the editorial offices to send paid copies to other institutions and organizations as well.
Federal Law No. 87-FZ of June 6, 1995 on Amending the Law of the Rus sian Federation on Mass Media amended Article 30 of this Law
see the previous text of the Article
Article 30. The Federal Television and Radio Broadcasting Commission
The Federal Television and Radio Broadcasting Commission shall elaborate the state policy in the field of licensing radio and TV broadcasting shall elaborate the state policy in the field of licensing TV and radio broadcasting and pursue it both directly or through the territorial TV and radio broadcasting commissions.
The order of forming and operating the Federal Television and Radio Broadcasting Commission and territorial commissions shall be determined by the Law of the Russian Federation.
Federal Law No. 87-FZ of June 6, 1995 on Amending the Law of the Russian Federation on Mass Media amended the first paragraph of Article 31 of this Law
see the previous text of the paragraph
Article 31. Licenses for Broadcasting
Broadcasting licenses shall be issued by the Federal Television and Radio Broadcasting Commission and territorial commissions.
The broadcasting licenses shall give to its holder the right to disseminate mass media products registered in keeping with the present Law by using the technical means of air or cable television or radio broadcasting, including that owned by him subject to the observance of the license terms.
If there is no technical possibility of broadcasting with stated characteristics ore with those related to them, the broadcasting license shall not be issued.
The broadcasting license may be denied on the grounds provided for by the competition terms, if applications are considered on a contest basis.
The concession of a broadcasting license to another person shall be allowed only with the consent of the body that has issued it with the appropriate reformalization of the license.
The amount and order of collecting the payment for a broadcasting license, and also for the reformalization of the license shall be established by the Government of the Russian Federation.
Regulations for Licensing TV and Radio Broadcasting in the Russian Federation and Regulations for the Collection of Fees for the Issue and Redrawing of Licenses for TV and Radio Broadcasting in the Russian Federation were approved by Decision of the Government of the Russian Federation No. 1359 of December 7, 1994
Article 32. Cancellation of a License
A license shall be cancelled in the following cases:
1) if it was received by fraud;
2) if license terms have been repeatedly broken or the rules for disseminating radio and TV programmes, provided for by the present Law, have been violated, in connection with which warnings have been made in written form;
3) if the broadcasting commission has ascertained the fact of concealed concession of a license.
The laws of the Russian Federation may provide for additional grounds for the cancellation of licenses.
The license shall be cancelled by decision of the body that has granted it or by the Federal Television and Radio Broadcasting Commission.
When a license has been cancelled, the payment for it shall not be returned.
Article 33. Radio and Television Jamming
The creation of jamming that prevents the sure reception of radio and TV programmes, that is, the spread of radio, TV and other technical signals in the frequency band in which broadcasts are made under the license, shall entail responsibility in keeping with the legislation of the Russian Federation.
Industrial jamming arising during the operation of technical devices in the course of economic activity shall be removed at the expense of the persons owning or managing the source of this jamming.
Article 34. The Storekeeping of Radio and TV Broadcasting Materials
In order to obtain evidence of importance for the proper adjustment of disputes, the radio and TV programme sections shall be obliged:
- to preserve the materials of their own broadcasts recorded and aired;
- to fix broadcast that have gone on air in their registration log;
The registration log shall indicate the date and time of going on air, the topic of a broadcast, its author, announcer and participants.
The terms of storekeeping shall be as follows:
for broadcast materials - not less than one month since the day of going on air;
for the registration log - not less than one year since the date of the latest entry in it.
Article 35. Obligatory Reports
The editorial office shall be obliged to publish free of charge and in the prescribed period:
- the court's decision that has come into force and contains the demand for its publication in a given mass medium;
- the report on the functioning of an editorial office, received from the body that has registered the given mass medium.
The editorial offices of the mass media founded by state agencies shall be obliged to publish on the demand of these agencies their official reports in the order regulated by their statutes of the agreements that replace them, and also other materials whose publication in these mass media is provided for by the legislation of the Russian Federation.
Federal Law of the Russian Federation No. 6-FZ of January 13, 1995 added the third part to Article 35 of this Law
The state mass media must publish information and materials of the federal bodies of state power and of the bodies of state power of the entities of the Russian Federation in the procedure established by the Federal Law on the Procedure of Giving Information about the Activity of the Bodies of State Power in the State Mass Media.
Article 36. Advertisement Distribution
About general and special requirements to advertizing see Federal Law No. 108-FZ of July 18, 1995
In mass media not registered as those specializing in reports and advertising materials, the advertisement shall not exceed:
- 40 per cent of the size of the individual issue of a periodical printed publication;
- 25 per cent of the broadcasting time - for radio and TV programmes.
The editorial office shall have no right to collect payments for advertisements featured as information, editorial or author's material.
Article 37. Erotic Publications
A mass medium specializing in erotic reports and materials shall be understood to mean for purposes of the present Law a periodical edition or a programme, which in general and systematically use public interest in sex.
The distribution of the issues of specialized radio and TV erotic programmes without signal coding shall be allowed only from 23 hours p.m. to 4 hours a.m., local time, unless otherwise stipulated by the local administration.
The retail sale of the products of mass media specializing in erotic reports and materials shall be allowed only in sealed transport packages and specially designed premises, the arrangement of which is determined by the local administration.
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