THE GOVERNMENT OF THE RUSSIAN FEDERATION (the draft resolution) ON THE STATE REGISTRATION OF MASS MEDIA USING GLOBAL INFORMATION NETWORKS
FOR THE DISSEMINATION OF INFORMATION In compliance with the Federal Law "On mass media", with the RF President's Decree dated "_____________" and also with the aim of regulating the use of global information networks, including the Internet, by the Russian mass media, the RF Government resolves: 1. From now on, until the introduction of corresponding alterations into the Federal Law "On mass media", to extend the registration procedure of the activity of mass media registered in the Russian Federation, established by article 8 of the aforementioned Federal Law, to the mass media using the Internet network and other global information networks (subsequently referred to as "network mass media") for the dissemination of information. 2. To assign the responsibility for the state registration of the network mass media to the Russian Federation Ministry of Press, Television, Radio and Mass Communications Media Affairs. 3. To approve the attached Provision concerning the procedure for the registration of mass media operating in global information networks ("network mass media"), and to bring it into force as of 1 January 2000. 4. To establish that from the moment when the Provision on the order of registration of network mass media is put into effect, Russian organisations and citizens using the Internet and other global information networks for the dissemination of the production of mass media are obligated to be guided by the requirements of the aforementioned Provision and to carry out the registration of the network mass media belonging to them, by 30 June 2000, inclusive. As of the date indicated in this paragraph, the activity of network mass media without registration shall not be not permitted. 5. To declare that the requirements of the Federal Law "On mass media" shall be extended to persons placing information in the Internet and other global information networks, taking into account the particulars established by this Provision in the sphere of registration of network mass media. 6. To establish that in placing in the Internet, and other global networks, communications and materials of the mass media (including network mass media), reference to such by the mass medium is obligatory. Likewise, when disseminating, in any mass media, communications and materials placed in the Internet and other global networks by the network mass media, reference to such network mass media is obligatory. 7. To determine that for the network mass media the assumed territory of the dissemination of information is the entire territory of the Russian Federation, and the registration agency for all network mass media is the Ministry of Press, Television, Radio and Mass Communications Media Affairs. 8. To establish that a network mass medium's informational and other
communications and materials placed by it in the Internet, or other global
information networks, must be accompanied by its name. The editorial board
of the aforementioned mass medium should also provide, for any user of the
corresponding information, permanent access to the following imprint data:
9. To establish that for the purpose of providing proofs essential for the proper regulation of possible conflicts, the editorial staff of the network mass medium is obligated to preserve (in electronic form) copies of informational and other communications and materials placed in the Internet and other global information networks (with an indication of the exact date and time of the corresponding updating - addition, supplement and deletion - of such communications and materials), for a period of no less than one year from the date of the original placement of such communications and materials. 10. To establish that for the registration of network mass media,
a registration fee shall be established, at the rate of 1500 rubles,
with the exception of cases as indicated below:
11. By 31 March 2000, the Russian Federation Ministry of Communications and Information is to elaborate and put into operation the procedure providing for the responsibility of communications operators that provide services of access to the Internet and other global information network services (holders of licences for the services of telematics companies) to stop (or suspend) providing the respective services to clients whose activity as network mass media has been stopped (or correspondingly suspended) in accordance with legislation on mass media, or if they conduct activity as network mass media without state registration. 12. To instruct the RF Ministry of Press, Television, Radio and Mass Communications Affairs to prepare and transmit to the RF Government, for submission to the State Duma of the Federal Assembly of the Russian Federation the Federal Draft Law "On the insertion of amendments to the Federal Law on mass media". The president of the government Attachment THE PROVISION ON STATE REGISTRATION RULES CONCERNING MASS MEDIA USING GLOBAL INFORMATION NETWORKS (NETWORK MASS MEDIA) FOR THE DISSEMINATION OF INFORMATION 1. General provisions 1.1. This Provision establishes the order for the state registration of mass media using for the dissemination of information the Internet and other global information networks (hereafter referred to as "network mass media" or "network MM"). 1.2. The order for the state registration of network MM, which is provided for by this Provision, is to be assigned to the Russian Federation Ministry of Press, Television, Radio and Mass Communications Affairs (hereafter referred to as "the Registration Body"). 2. Principal concepts 2.1. By network mass media is understood the aggregate of periodically updated informational communications and materials, placed in electronic form in the Internet (or other global information networks), intended for an indeterminate circle of persons. For the purposes of this Provision, informational communications and materials placed in the Internet and other global information networks are to be considered periodic if their complete or partial updating is carried out (or planned) at least once a year. 2.2. By editorial staff of a network MM is understood the juridical person or citizen (association of citizens) that implements the creation of a network MM and places it in the Internet (other global information networks), on the basis of an agreement with the communications operator concerning the provision of services of access to the corresponding network. 2.3. By network information agency is understood a juridical person or a citizen (association of citizens), carrying out the collection of information of a socio-political, socio-economic, scientific-technical or other type, with the objective of its subsequent efficient placement and (or) updating in the Internet (other global information networks), and placing such information on the basis of an agreement with the communications operator on the provision of services of access to the corresponding network. When the Internet (other global information networks) is used by the network information agency for placing information, the legal condition of the editorial staff of a network MM is extended to that network information agency, and the condition of the production of a network MM is extended to the information placed by it. 2.4. By production of network mass media is understood informational communications and materials prepared by network MM. 2.5. By the Internet is understood the general-access global information network, uniting, according to the protocol of the inter-network interaction with the same name, technical (computer) systems and networks of suppliers of information resources and information services, other persons and organisations (including communications operators). 2.6. By other global information networks is understood information networks which make possible the exchange of information among users of general-access communications networks, located in various states, different from the Internet according to the structural organisation and (or) the principles of intra- and inter-network interaction. 3. Registration of a network mass medium 3.1. The editorial staff of a network MM shall carry out its activity after its registration. 3.2. The registration of network MM shall be carried out with reference to:
3.3. Registration as network MM is not required for:
3.4. The application for state registration of a network MM (hereafter referred to as the "application") shall be submitted to the Registration Body in written form according to the form appended to the Attachment to this Provision, and in instances agreed on with the Registration Body - in electronic form. The application shall be submitted by the person capable of appearing as the founder of the network MM in accordance with the requirements of article 7 of the Federal Law "On the mass media". 3.5. The following information must be indicated in the application: The application must also contain mention of the network of dissemination of the network MM and whether the territory of dissemination is the whole territory of the Russian Federation. A document must be attached to the application, certifying the payment of the registration fee, and also documents confirming the information given by the applicant. 3.6. Notification shall be sent (issued) to the applicant concerning the receipt of the application with an indication of the date of the receipt (by agreement with the applicant, the notification can be sent by electronic mail). The application for registration is subject to consideration within a month from the date indicated. 3.7. The application shall be returned to the applicant without consideration,
with an indication of the reason for the return: 3.8. The refusal to register the network MM is possible only on the
following grounds: 3.9. A registration fee shall be levied for the issue of the certificate, paid by the application before the submission of the application in the amount determined by the government of the Russian Federation. In case of refusal in registration, and also denial of registration, the applicant has the right to the return of the registration fee within three months beginning from the date, indicated in the notification, of the receipt of the application for registration. The basis for the return of the money at the place of payment of the registration fee shall be the document concerning its payment, on which, at the request of the applicant, the written notation shall be made by the Registration Body "Registration not carried out".3.10. The network mass medium is considered registered from the day of issue
of the certification of the established model of registration of the network MM.
On the certificate concerning the registration of the network of the MM there
shall be indicated:
The founder of the network MM retains the right to start to place information of the network MM in the Internet (other global networks) for one year from the moment of the issue of the certificate concerning registration. If this period has passed, the certificate of registration of the network MM shall be deemed invalid. 3.11. The registered network mass medium can not be registered repeatedly. In case the fact of repeated registration is established by a court, the first registration, according to the date, shall be deemed legal. Mass media that have gone through state registration for registration as network MM, must go through re-registration in the order provided for by this Provision. Likewise, re-registration of the network MM is required if there is a change of founder (change in the membership of co-founders), the name or language of the corresponding network MM. If the location of the editorial office of the network MM is changed, the founder is obligated to notify the Registration Body about this within a month, in written form (or, by agreement with the Registration Body, by electronic mail).Re-registration of a network MM whose activity has been suspended by a court is not permitted. 3.12. The certificate of registration of the network MM can be deemed invalid
exclusively by a court in the order of civil legal proceedings according to
a declaration of the Registration Body only in the following cases: 3.13. In case of loss (loss, destruction and damage in other cases) of the certificate of registration of the network MM, the Registration Body shall issue to the founder, at his request, a duplicate of the certificate with the appropriate notation. For the issue of the duplicate, a registration fee shall be levied in the amount of half of the original registration fee. 3.14. The activity of the network mass medium can be suspended or stopped only by the decision of the founder or a court in the order of civil legal proceedings on the suit of the Registration Body in consequence of repeated violation of the requirements of the Federal Law "On mass media" over the course of twelve months, concerning which written warnings were issued by the Registration Body to the founder and (or) editorial staff of the network MM. 4. Control of the observance of the conditions of registration 4.1. Control of the observance of the conditions of registration of network MM shall be carried out by the Russian Federation Ministry of Press, Television, Radio and Mass Communications Affairs. 4.2. The actions (inaction) of the Registration Body and (or) its functionaries, connected with the registration of a network MM or refusing such registration, can be appealed by the applicant in a court in the order provided for by the legislation of the Russian Federation. English translation by the Citizens' Watch, St. Petersburg
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