THE GOVERNMENT OF THE RUSSIAN FEDERATION

(the draft resolution)
"___" January 1999 No. ____

ON THE STATE REGISTRATION OF MASS MEDIA USING GLOBAL INFORMATION NETWORKS FOR THE DISSEMINATION OF INFORMATION
(network mass media)

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:

  • the registration number of the network mass medium (in case the network mass medium is not exempt from registration);
  • the founder (co-founders);
  • the surname and the initials of the chief editor;
  • the address and the contact information of the editorial office.

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:

  • The registration fee concerning network mass media specialising in information of an advertising character shall be 7500 rubles,
  • The registration fee concerning network mass media specialising in information of an erotic character shall be 15000 rubles,
  • The registration fee concerning network mass media specialising in information for children and adolescents, disabled people, and also for educational and cultural-enlightenment purposes, shall be 150 rubles,
  • The registration fee for the issue of a duplicate of a network mass media registration certificate shall be 750 rubles.

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
of the Russian Federation
V. Putin

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:

  • Network information agencies;
  • Mass media which possess a certificate of state registration of MM and which place information in the Internet (other global information networks). Here for the purposes of registration it is of no importance whether the volume (or content) of information that is placed by such MM in the Internet (other global information networks) coincides with the volume (or content) of information that is disseminated by such MM in another form;
  • Other organisations or citizens (associations of citizens) that wish for the communications or materials placed by them in the Internet (other global information networks), accessible to an indeterminate circle of persons who are users of the corresponding network, to be considered as a network MM. In this case the legal condition of founder (founders) and editorial staff of a network MM shall be extended to the persons indicated.

3.3. Registration as network MM is not required for:

  • Mass media established by bodies of the legislative, executive and judicial authority exclusively for the publication of their official communications and materials, normative or other acts;
  • Informational communications and materials about persons (organisations, citizens or associations of citizens), independently placing them in the Internet (other global information networks) with the aim of conveying to an indeterminate circle of persons news about such persons, a production issued by them or services provided by them;
  • Informational communications and materials which by virtue of technological special aspects of their placement in the Internet (other global information networks) can be accessible only to a restricted circle of persons, or accessible only with the use of special programme-hardware used by a restricted circle of persons. Here the aforementioned provision is not applied to information to which access is restricted exclusively with the aim of collecting payments for such access as compensated provision of services.

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:
1. about the founder (founders): for juridical persons - name, location, contact information (telephone, fax, electronic mail address; for citizens - surname, first name, patronymic, registered place of residence, passport data, contact information;
2. the name of the network MM;
3. language (languages);
4. address of the editorial office, including contact information;
5. the approximate subject matter (specialisation);
6. sources of financing;
7. information concerning other MM (including network MM) with relation to which the applicant is the founder, proprietor, chief editor (editorial staff), publisher or distributor.

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:
1. if it was compiled in violation of the requirements of p. 3.4. of this Provision,
2. if it was given in the name of the founder by a person who does not have the authority for that,
3. if the registration fee was not paid,
4. if documents are not presented which corroborate the information presented by the applicant.

3.8. The refusal to register the network MM is possible only on the following grounds:
1. if the application was submitted in the name of a person (persons) who does (do) not have the right to the foundation of mass media in accordance with the Federal Law "On mass media",
2. if the information indicated in the application does not correspond to reality,
3. if the name, approximate subject matter and (or) specialisation of the mass medium represents abuse of the freedom of mass information in the sense of the Federal Law "On mass media",
4. if the network MM was previously registered with the same name.

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 number of the certificate and the date of registration,
  • the name,
  • the address of the editorial office,
  • the language (languages),
  • the founder (co-founders),
  • the approximate subject matter and (or) specialisation,
  • an indication of the global information network in which it is planned that information shall be placed by the network MM.

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:
1. if the certificate of registration of the network mass medium was obtained fraudulently;
2. if the network MM did not start to place their information in the Internet or other global information networks for a period of more than one year. The declaration of invalidity of the certificate of registration of the network MM, provided for by this sub-paragraph, can not be considered as a basis hindering re-registration of such a network MM as a non-network MM;
3. If repeated registration of this network MM took place;
4. if the activity of the network MM was suspended by a court.
If the certificate of registration of the network MM is decreed invalid, the registration fee is not subject to return.

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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