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LAW OF THE AZERBAIJAN REPUBLIC

of March 7, 2023 No. 837-VIQD

About introduction of amendments to the Code of Administrative Offences of the Azerbaijan Republic

Millie Majlis of the Azerbaijan Republic, being guided by Item 17 of part I of article 94 of the Constitution of the Azerbaijan Republic, in connection with execution of the Law of the Azerbaijan Republic No. 471-VIQ of December 30, 2021 "About media" decides:

Make the following changes to the Code of Administrative Offences of the Azerbaijan Republic (Collection of the legislation of the Azerbaijan Republic, 2016, No. 2 (the Book I), the Art. 202, No. 3, the Art. 397, 403, 429, No. 4, the Art. 631, 647, 654, No. 5, Articles 835, 846, No. 6, Articles 997, 1010, No. 7, Articles 1247, 1249, No. 10, Article 1608, No. 11, Articles 1769, 1774, 1781 1783, 1786, 1788, No. 12, Articles 1984, 2000, 2009, 2024, 2049, 2017, No. 1, Article 21, No. 2, Articles 139, 147, 152, 162, No. 3, Article 331, 344, No. 5, Articles 698, 701, 734, 749, 754, No. 6, Article 1020. 3, 2256, 2266; No. 3, Articles 383, 401, 404, No. 4, Article 646, No. 5, Articles 857, 860, 862, 876.), Articles 2473, 2475, 2499, 2507, 2512, 2522; 2019, No. 1, Articles 4, 6, 15, 18, 23, 44, No. 3, Articles 374, 389, No. 4, Articles 579, 581, 587, 595, No. 5, Articles 791, 800, 803, 804, 813, No. 6, Articles 992, 998, 1007, No. 7, Article 1193, No. 8, Articles 1364, 1367, 1368, 1381, 1383, No. 11, Articles 1682, 1686, 1696, No. 12, Articles 1883, 1900; 2020, No. 3, Art. 222, No. 5, Art. 505, 515, 519, No. 6, Art. 670, 672, 681, No. 7, Art. 838, 841, 846, 854, No. 8, Art. 1008, 1011, No. 9, Art. 1138, No. 11, Art. 1332, 1333, 1336, No. 12 (book I), Art. 1432, 1440; 2021, No. 4, Art. 306, No. 5, Art. 428, No. 6 (volume I), Art. 535, 541, 546, 560, No. 7, Art. 701, 705, 711, No. 8, Art. 894, No. 11, Art. 1208, No. 12, Art. 1306, 1334; 2022, No. 1, Art. 2, No. 2, Art. 89, No. 4, Art. 293, No. 5, Art. 435, No. 7, Art. 694, 699, 703, No. 8, Art. 822, 825, 828, No. 11, Article 1236; The Laws the Azerbaijan Republic No. 620-VIQD of November 5, 2022, No. 664-VIQD, No. 667-VIQD of December 2, No. 694-VIQD of December 16, No. 754-VIQD, No. 759-VIQD of December 23, No. 769-VIQD, No. 772-of December 27 and No. 783-VIQD of December 30, 2022):

1. In article 43.1 of figure "381-383, 387-388-2" to replace with figures "381.1-381.7, 388-388-2".

2. In Articles 51. 2, 99.1.3, in the name and the text of Article 167, in Articles 179. 376 and 576.2 words of "mass media" in the corresponding cases of noun to replace 1, with the word of "media" in the corresponding cases of noun.

3. In Article 517.0.5 of the word "the press and other mass media" and in Article 517-2.15 of the word of "mass media" shall be replaced with words "subjects of media".

4. State Articles 381 and 388 in the following edition:

"Article 381. Violation of the law about media

381.1. For non-admission of distribution of products of media in the procedure established by the legislation -

physical persons are imposed by penalty in the amount of two hundred to three hundred manats, officials - in the amount of three hundred to five hundred manats.

381.2. For illegal intervention in professional activity of journalists -

the penalty in the amount of three hundred to six hundred manats is imposed.

381.3. In addition to the cases provided by the law owing to restriction of the right of subjects of media and journalists for receipt of information or refusal in provision of information by it, or failure to provide the response to their request in the time established by the law -

the penalty in the amount of three hundred to five hundred manats is imposed.

381.4. Due to the violation by subjects of media of rules of confutation, the answer and correction established by the Law of the Azerbaijan Republic "About media" -

officials are imposed by penalty in the amount of three hundred to six hundred manats, legal entities - at the rate from one thousand to one thousand five hundred manats.

381.5. For abuse of regulations of storage of the materials published by subjects audiovisual media, established by the Law of the Azerbaijan Republic "About media" -

officials are imposed by penalty in the amount of five hundred to seven hundred manats, legal entities - at the rate from one thousand to one thousand five hundred manats.

381.6. Due to the non-compliance with requirements of the Laws of the Azerbaijan Republic "About media" and "About advertizing" concerning advertizing and sponsorship by subjects audiovisual media, printing media and Internet and media

officials are imposed by penalty from two thousand five hundred to three thousand five hundred manats, legal entities - from eight thousand to ten thousand manats.

381.7. Except for the companies of audiovisual broadcasting which acquired exclusive rights on broadcast of the program, in connection with broadcast of this program by other bodies of audiovisual broadcasting -

officials are imposed by penalty in the amount of one thousand five hundred to two thousand manats, legal entities - at the rate from three thousand to five thousand manats.

381.8. For not distribution on TV and (or) to radio channel of the audiovisual speaker of information on temporary suspension of broadcasting during temporary suspension of broadcasting or for not removal from the website of the audiovisual speaker and platform of video hosting on which the audiovisual program which caused suspension of broadcasting or application of other measures of responsibility is broadcast -

officials are imposed by penalty at the rate from one thousand to one thousand five hundred manats, legal entities - at the rate from two thousand to four thousand manats.

381.9. For change of logo (emblem) of edition of subjects audiovisual media without the consent of Audiovisual Council of the Azerbaijan Republic -

officials are imposed by penalty from four hundred to six hundred manats, legal entities - from eight hundred to one thousand manats.

381.10. For not scoping of audience by the audiovisual broadcasting organizations financed from the government budget (except for services of custom broadcasting), through the rating measuring organization -

officials are imposed by penalty at the rate from one thousand to one thousand five hundred manats, legal entities - at the rate from two thousand to four thousand manats.

381.11. For abuse of regulations and license conditions in the field of audiovisual media -

officials are imposed by penalty in the amount of one thousand five hundred to two thousand five hundred manats, legal entities - at the rate from five thousand to eight thousand manats.

381.12. For promotion by subjects of media of the actions contradicting health protection and the environment -

officials are imposed by penalty in the amount of eight hundred to one thousand manats, legal entities - at the rate from two thousand to three thousand manats.

381.13. For publication (distribution) of data on guilt of person without the judgment which took legal effect -

officials are imposed by penalty at the rate from one thousand to one thousand five hundred manats, legal entities - in the amount of two thousand five hundred to three thousand five hundred manats.

381.14. For not providing with the operator platform or multiplex of the right of free use of Audiovisual Council of the Azerbaijan Republic for the purpose of observation from Council of activities of this operator, -

officials are imposed by penalty from two thousand to two thousand five hundred manats, legal entities - from five thousand to eight thousand manats.".

"Article 388. Not abuse of freedom of media and journalistic rights

For abuse of edition (editor-in-chief) and journalists of the subject of media of freedom of the activities and the journalistic rights, that is for distribution prohibited by the law of information or disclosure of source of information in the cases which are not permitted by the law -

physical persons are imposed by penalty in the amount of two hundred to three hundred manats, officials in the amount of five hundred to seven hundred manats, legal entities at the rate from two thousand to three thousand manats.".

5. Repeal Articles 382-385 and 387.

6. In the name and the text of Article 533-1 of the word "in mass media" shall be replaced with words "in subjects of media".

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