“THE LAW ON TELEVISION AND RADIO BROADCASTING COMPANY” OF AZERBAIJAN REPUBLIC IN NOVEMBER 9, 2004

I Chapter
General Provisions

Article1. Aim of Public Television and Radio Broadcasting

The aim of Public Television and Radio Broadcasting is to provide the interests of the population of Azerbaijan Republic - the society as a whole on social, scientific, educational, cultural, entertainment and other fields, to prepare and disseminate information based on the concepts of freedom of speech and ideas, based on the balancing division corresponding to high technologies and qualitative standards.

Article 2.  The Legislation of Azerbaijan Republic on Public Television and Radio Broadcasting

2.1. The Law of Azerbaijan Republic on Public Television and Radio Broadcasting consists of Constitution of Azerbaijan Republic, this law and other normative legal acts prepared on the basis of this law.
2.2. In case different rules are defined in the international agreements which Azerbaijan Republic is a party to, those international norms are applied as well. 

Article 3. The principles of Public Broadcasting

3.0. Public broadcasting carries out its activities based on the following principles:
3.0.2. impartiality and fairness of the information;
3.0.3. pluralism and tolerance; 
3.0.4. avoid political interests; 
3.0.5. co-ordination of general interests and its providing; 
3.0.6. development of national self-perception; 
3.0.7. universality; 
3.0.8. variety; 
3.0.9. distinction from the others.

II Chapter 
Organisation of Public Broadcasting
 

Article 4. Legal Status of Public Broadcaster
 
4.1. Public broadcaster is a juridical person functioning without any interference. 4.2. Public broadcaster has right for ownership, use and disposal of its own property and may use such property exclusively for the purpose of public broadcasting. 
4.3. Public broadcaster controls efficient use of the property and is liable for the protection of the property. 
4.4. Public broadcaster’s property can not be privatized, left as deposit or sold, except for cases stipulated by this Law. 
4.5. The sale of public broadcaster’s property may be realized only for the purpose of its renewing and broadening. 
4.6. Public broadcaster itself determines the form and content of the programs and is responsible for the programs as reflected in the legislation. 
4.7. Name of the Public Broadcaster is Public Television and Radio Broadcasting Company. 
4.8. Public Television and Radio Broadcasting Company was founded in connection with this law, “The Law on Mass Media”, “The Law on Television and Radio Broadcasting” of Azerbaijan Republic and is functioning on the basis of the Regulations affirmed by Broadcast Council.

Article 5. The issue of license and frequencies to Public Broadcasting

The state gives termless license and sets frequencies to public broadcasting.

Article 6. The Rights of Public Broadcaster

6.0. Public broadcaster has the following rights: 
6.0.1. to create personal broadcasting services; 
6.0.2. to prepare the programs expressing all the interests of the population, broadcast feature films, documentary films, cartoons; make serials and broadcast them; increase, sell and rent audio and video tapes; 
6.0.3. to realize advertising activities; 
6.0.4. to open its correspondent centers, branches and representative offices within and overseas of the country;
6.0.5. to be the founder of any press organ associated with Teleradio broadcasting; 
6.0.6. to print the syllabus of its programs and give this right to the third person; 
6.0.7.to use its own net of transmission devices and entrust this function to other subject or rent the net of transmission devices; 
6.0.8. to transmit its programs to the whole country vie satellite communication, cable net and other above-ground technical installations;
6.0.9. to operate in the fields of additional information service, internet, and other broadcasting services or function in the most famous technological spheres; 
6.0.10. to rent its own archive materials to the broadcasters inside the country and to the subjects who are out of broadcasting; 
6.0.11. extra and completive services, and to co-operate with the third person in order to render informational service in foreign languages as well or to acquire the share of the third part; 
6.0.12. to engage into other activities requisite for implementation of duties stipulated by the Regulations and not prohibited by the law.

Article 7. Responsibilities of Public Broadcaster

7.0. Responsibilities of the public broadcaster are as followings: 
7.0.1. to realise the rights of the citizens in getting unbiased and neutral information concerning significant events in the world and in the country, the activities of state organs, municipalities, political parties, social communities, religious confessions and  commercial structures;
7.0.2. to provide the interests of the public through entertaining, informational and educational programs maintaining and developing national-cultural and universal values;
7.0.3. to record masterpiece plays, works of art, serials, cartoons, documentary and feature films, made by outstanding Azerbaijani and foreign authors bearing the largest significance to our history and culture and to maintain the golden fund of the broadcaster for future generations;
7.0.4. to create equal opportunities for the citizens to freely express their opinions in the broadcast programs; 
7.0.5. to provide the citizens’ rights for reply;
7.0.6. to ensure use of fair, unbiased, precise and accurate information; 
7.0.7. to eliminate broadcast of pornographic materials, programs agitating for violence, cruelty, religious and racial discrimination; 
7.0.8. to respect privacy, honor and dignity of individuals; 
7.0.9. to observe professional ethics rules in the process of broadcast;

Article 8. Selection of the Personnel and Signature of Employment Contracts in Public Broadcasting

8.1. The heads of public broadcasting service, editor-in-chiefs, head directors are selected by means of competition and confirmed by majority of voices by Broadcast Council. 
8.2. Director General prepares and confirms the creation of competition commissions, the ways for the realization of the competition and the terms of labour contracts appropriate to the legislation.
8.3. In case Broadcast Council does not confirm the heads of broadcasting service selected by the competition, new nominees are selected on the basis of the rules indicated in the article 8.1. In case Broadcast Council does not confirm the selected nominees, Director General may confirm those nominees directly.
8.4. No limitations based upon race, gender, religious appurtenance or political views shall be imposed upon employees engaged into public broadcasting services, advanced or being transferred into other services onto a higher position.
8.5. Employee cannot use his duty for personal purposes or for the purposes of political, commercial and other organizations.
8.6. Employee cannot activate in the instruction of state organs, commercial bodies and other organizations without the permission of public broadcaster.

Article 9. Storage of Documents of Public Broadcasting

9.1. The program materials of Public Teleradio (tape recordings, hand writings, letters and documents) are stored for time and period determined by the Legislation on Public Television and Radio Broadcasting. 
9.2. Public Broadcaster stores the following materials for time and period determined by the Legislation of Azerbaijan Republic:
9.2.1. internal regulatory documents; 
9.2.2. documents confirming the rights upon the property; 
9.2.3. transactions of the sessions of Broadcast Council and Boards of Directors; 9.2.4. orders and resolutions of the Director General;
9.2.5. acts and references on the results of audit and controlling;
9.2.6. contracts concluded with the employees; 
9.2.7. account documents; 
9.2.8. bank, financial and court documents.

Article 10. Transparency of Public Broadcasting Activity

10.1. Current or extraordinary audits at the decision of Broadcast Council are carried out for the purpose of providing the transparency of business operations of public broadcaster.
10.2. The results of controls and audits are published in the mass media.

Chapter III
Programs of Public Broadcasting

Article 11. The Broadcasting of Official Information through Public Broadcasting

11.1. Public broadcaster broadcasts official information without any amendments. “Official information” means any information disseminated state authorities on extraordinary cases, natural disasters and accidents imposing risk upon life and health of individuals and normal operation of residential settlements, as well as disclosures, statements and information expressing official position of state authorities requisite for the purpose of dissemination of information among public.
11.2. Public broadcaster is not liable for the contents of official information.

Article 12. The Language of Programs of Public Broadcasting 

12.1. The programs of public broadcasting programs are conducted in state language of Azerbaijan Republic. “The language of the programs” includes subtitles and the voice explaining the text. 
12.2. The programs made in a foreign language, excluding retranslated programs, are accompanied with the subtitles in Azerbaijani language and the speeches, documentary, feature etc. films are accompanied by the translation into Azerbaijani.
12.3. Programs in the language of minorities living within the territory of Azerbaijan are included into the programs of public broadcasting.

Article13. Requirements for Public Broadcasting Programs

13.1. In course of production of programs for the purpose of implementation of purposes stipulated by this Law, public broadcaster must consider political believes within the society, religious and philosophical views, various trends of public thought and opinion, as well as equality of rights of all citizens of the country.
13.2. Programs must express national-cultural values, national customs and traditions, all features of culture and art.
13.3. It is prohibited to show preference for single-sided political views in the programs of public broadcasting. Diverse opinions, approach to problems, commentaries and analytical valuations are expressed and carried out upon alternative grounds and as a discussion in accordance with principles of plurality and tolerance
13.4. Special attention must be drawn upon production of new and original television and radio products, airing of such movies, television serials, television and radio plays.
13.5. Conditions must be created for translation into Azerbaijani language and airing of the best serials, movies, documentary films and cartoons of foreign countries.
13.6. Cinema, television, video and radio products produced in Azerbaijan enjoy advantage in programs.
13.7. Contents, source and fairness of information used in programs must be examined and verified. 
13.8. Information provided in news programs must be thorough, impartial, unbiased, be prepared in line with diversity of view and opinions among public, and commentaries must be clearly distinguished from information content. 
13.9. The quotation and fragments from programs of other broadcasters of the country can be placed in programs of public broadcaster free of charge if only the total amount of these quotations and fragments do not exceed 90 seconds, and the source and logo of the company's quotations and fragments must be shown.

Article 14. The Claims to Advertisements during Public Broadcasting

14.1. Broadcast advertisements must bear special signs, must be clearly distinguished from other sections of the program through visible means on the television and through audible means on the radio.
14.2. The advertisements must not influence on contents of programs and advertisers on independence of public broadcaster.
14.3. Persons regularly participating in news programs or persons anchoring programs devoted to modern political topics cannot participate in television and radio advertisements. 
14.4. Advertisements are aired in blocks between individual programs.
14.5. In TV programs consisting of independent parts, sport programs, in measures and performances transmitted with intervals, the advertisement can be placed between the independent parts or during the intervals.
14.6. Except for cases specified in Article 14.8 of this Law, in individual programs period of time between the conclusion of one advertisement block and the commencement of the subsequent advertisement block must not be less than 30 minutes.
14.7. News programs, prayerful and child's programs, also serials of duration less than 30 minutes, entertainment programs, actual political programs, and documentaries cannot be interrupted by advertisement.
14.8. Feature and television films, uninterrupted programs running for 45 minutes or continuing for several 45 minutes portions can be interrupted for broadcasting of advertisements only upon expiration of each 45 minutes portion. One additional advertisement may be broadcast where broadcasting of a program continues for at least 20 minutes over one or several 45 minutes portions.
14.9. Advertisement of products which is limited in accordance with the legislation of the Azerbaijan Republic, including advertisement of products grossly affecting physical, mental or moral development of children, is prohibited.
14.10. The commercial advertisements can be placed between the programs if only the whole duration of advertisements, services and lease during the day does not exceed 30 minutes.
14.11. The advertisements must not make more than 15% of daily public broadcasting; advertising commercial must not be longer than 9 minutes. 
14.12. The high limit of daily advertisements on radio is 90 minutes.
Article 15. Sponsorship of Public Broadcasting
15.1. Information on a person financing the relevant program must be communicated through clear verbal announcement or through subtitles at the beginning and conclusion of programs fully or partially produced through sponsor aid. In accordance with an agreement, emblem, trademark of the sponsor or other forms of distinction may be used for the purpose of communication of information on the sponsor.
15.2. Sponsor cannot impact upon contents, distribution of programs, responsibility and independence of public broadcaster.
15.3. Instigation for sale and purchase or rent of good (services) of a sponsor or a third party in programs produced through financial aid of the sponsor must not be permitted. 
15.4. Sponsorship by owners of goods (services) which advertisement is prohibited, as well as by persons carrying out sale and purchase and rent of such goods (services) is not permitted.
15.5. News programs and programs devoted to modern political topics cannot be financed on the account of sponsorship.

Chapter IV  
Management of Public Broadcasting

Article  16.  Exercise of Authorities of Public Broadcaster    

16.1. Authorities of public broadcaster specified by this Law are exercised by the Broadcast Council and Director General.
16.2. Director General, deputies of the Director General and members of the Broadcasting Council cannot be members of any political party.

Article 17.  Establishment of the Broadcast Council

17.1. Broadcast Council is formed as a control organ having rights to realize the control on whether the demands of Azerbaijan Republic Legislation is fulfilled or not and having rights to make decisions on this sphere.
17.2. Following organizations (group of organizations) each put forward two nominees into membership in the Broadcast Council and present them to Parliament of Azerbaijan Republic to be confirmed:
17.2.1. Confederation of Labour Unions of Azerbaijan; 
17.2.2. National Academy of Sciences of Azerbaijan; 
17.2.3. Press Council; 
17.2.4. Council of Businessmen; 
17.2.5. Youth Organizations; 
17.2.6. Woman Societies; 
17.2.7. Sport Federations; 
17.2.8. Religious Confessions; 
17.2.9. Creative Organizations. 
17.3. Group of organizations indicated in Article 17.2.5-17.2.9 of this Law hold joint meeting where equal nominees of both organizations take part and the nominees are elected by majority of votes. In case joint meeting does not come to an agreement in the election of nominees, list of whole nominees each presenting a person is formed. This list is presented to the Parliament of Azerbaijan Republic after it is confirmed.
17.4. Parliament of Azerbaijan Republic selects the nominees of organizations (groups of organizations) shown in Article 17.2 each presenting one candidate in the number of 9 persons and the nominees of the organizations shown in Article 17.2.1-17.2.3 for a six-year term, the nominees of the group of organizations shown in Article 17.2.7-17.2.9 for a two-year-term to Broadcast Council.
17.5. Members of Broadcast Council select their Chairman.
17.6. New nominees in place of members of the Broadcast Council with expired term of the office are selected in accordance with Article 17.2 and approved for a six-year term in accordance with the procedures specified in Article 17.4 of this Law.
17.7. Until the selection period is over, no re-selections are held to the place of the member of Broadcast Council whose term is expired before its time in accordance with this Law.
17.8. In case the members of Broadcast Council are less than 6 persons as shown in Article 17.7 of this Law, re-selections to the place of members of Broadcast Council whose term is expired before its time can be held in accordance with Article 17.2-17.4 of this Law
17.9. Members of Broadcast Council whose time for primary elections is over can put their candidature in accordance with Article 17.2 of this Law for re-selections. Members of the Broadcast Council have the right for re-selections.
Article18. Requirements upon Members of Broadcast Council 
 18.1 Members of the Broadcast Council cannot work in state authorities, municipalities and commercial organisations, any television and radio broadcasts independent of category of ownership and legal-organisational form of the latter. 
18.2. Members of the Broadcast Council act not as attorneys of interests of an organisation nominating such members, but as attorneys of interests of the society at large. 
18.3. Members of the Broadcast Council cannot make statements capable of impairing independence of public broadcaster and cannot use their positions for political, commercial or personal interests.
18.4. Members of Broadcast Council are selected from the citizens of Azerbaijan Republic having professional background on teleradio, press, information, culture, finance, teletechnics and other related spheres.

Article 19. Termination of Authorities of Members of Broadcast Council 
 
19.1.Authorities of members of the Broadcasting Council may be terminated only upon following circumstances:
19.1.1. in accordance with application of the member;  
19.1.2. in the event of holding a position contravening to the membership in the Broadcast Council; 
19.1.3. upon leaving citizenship of the Azerbaijan Republic, accepting citizenship of a foreign state or upon acceptance of obligations before a foreign state; 
19.1.4. confirmation of lack of action capacity or confirmation of availability of limited action capacity, accusation of committal of a crime through an effective decision of the court or declaration as missing or deceased through procedures stipulated by the legislation; 
19.1.5. failure to participate in meetings of the Broadcast Council for six months without solid reason; 
19.1.6. failure to perform professional duties
19.2. In order to raise a question before Parliament of Azerbaijan Republic, consent of at least six members of the Broadcast Council is required about dismissal of member of the Broadcast Council upon grounds specified in Article 19.1.6 of this Law. 
19.3. Parliament of Azerbaijan Republic can reject the decision presented by Broadcast Council to be confirmed by 63 majority votes.

Article 20. Authorities of Broadcast Council 

20.1. Broadcast Council has the following authorities: 
20.1.1. to establish internal regulations; 
20.1.2. to draft and approve Regulations of the Broadcast Council;
20.1.3. to pass, through favourable vote of at least six members, a decision on appointment and re-appointment of the General Director;
20.1.4. to appoint and dismiss 3 deputies of General Director nominated by him; 20.1.5. to approve job descriptions and other internal regulation documents; 
20.1.6.  to confirm program strategy and policy of public broadcaster;
20.1.7. to conduct monitoring of programs if considered necessary; 
20.1.8. to approve budget and annual report of public broadcaster; 
20.1.9. . to prepare concept of public broadcasting, to establish quality standards applicable to technical equipment and to broadcasting operations; 
20.1.10. to issue, with written disclosure of reasons, to the General Director warnings of breach of requirements of this Law related to programs and to give instructions on undertaking appropriate measures;
20.1.11. to cancel a decision of the Board of Directors by consent of at least six members of the Broadcast Council;
20.1.12. to publicize an annual report of its activities and to publish such report in mass media; 
20.1.13. to exercise other duties prescribed by this Law and Regulations of the Broadcast Council
20.2. Interference with present activities of Director General by members of Broadcast Council is not allowed.
20.3. Agreement of Broadcast Council is required in the following cases: 
20.3.1 establishment of new program services for the purpose of expansion of scope of choice of television viewers and radio listeners; 
20.3.2. purchase and sale of immovable property;
20.3.3. taking bank loans or undertaking of financial liabilities;
20.4.  Broadcast Council holds meeting at least once in two months.
20.5. Extraordinary meeting of the Broadcast Council may be convened at the request of the chairman or three members of the Broadcast Council.
20.6. Meetings are competent by presence of more than 50% of members.
20.7. Except for circumstances specified by this Law, decisions of the Broadcast Council are passed by simple majority of votes. In the event of tie vote, chairman has the casting vote. 
20.8. Director General and members of the Board of Directors have the right to participate in meetings of the Broadcast Council with consultative votes.
20.9. Members of the Broadcast Council receive salaries based on the monthly salary of Director General out of the budget of the Azerbaijan Public Television and Radio Broadcasting Company

Article 21. Director General
 
21.1. Director General is the coordinator of creative and business activities of public broadcaster, the decision maker on the cases belonging to his authority and is responsible for the organization of broadcasting activity. He is elected by the Broadcast Council to the position for a term of 4 years 
21.2. Director General:
21.2.1. exercises control over and is responsible for production of programs in accordance with requirements specified by this Law and other acts of legislation of the Azerbaijan Republic;
21.2.2.  manages day-to-day activities of public broadcaster;
21.2.3.  represents public broadcaster in courts, state authorities, overseas and in international organisations;
21.2.4.  issues orders, enters into contracts, exercises control over compliance with requirements of such documentation;
21.2.5.  is responsible for protection of property and use of property exclusively for the purposes of public broadcasting
21.3.   General Director has independence in adopting the following decisions:
21.3.1. preparation of creative ideas and production of programs;
21.3.2.   preparation of schedules of programs;
21.3.3. organisation of broadcasting activities, settlement of day-to-day matters;
21.3.4.  except for circumstances specified by this Law, exercise of rights of possession, use and disposal over property of public broadcaster;
21.3.5. establishment of correspondent points, branches and representative offices;
21.3.6.  except for circumstances specified by this Law, selection of personnel and entering into employment agreements and carrying out management of human resources;
21.3.7.  except for circumstances specified by this Law, sale and purchase, rent (lease) and use of goods and services;
21.3.8.  except for circumstances specified by this Law, establishment of contacts, engaging into negotiations and entering into agreements; 
21.3.9. except for circumstances specified by this Law, preparation and implementation of the budget.
21.4. Director General establishes Board of Directors consisting of the heads of broadcasting service in accordance with the Regulations of Public Television and Radio Broadcasting Company.
21.5. Director General chairs Board of Directors in accordance with the Regulations. Deputies of Director General are represented as members in the Council.
21.6. At least two members can be elected to the Board of Directors by simple majority of votes in the general meetings of Public Television and Radio Broadcasting Company 
21.7.  Board of Directors has the right to pass decisions on the cases intended in the Regulations
21.8. Director General must have consent of Board of Directors for the following cases: 
21.8.1. general direction of program policy and main principles; 
21.8.2. contracts with organizations of Labour of Unions; 
21.8.3. annual report on the compile and implementation of the budget; 
21.8.4. unintended expenses in the budget of public broadcaster. 
21.9. Director General shall have the right for re-appointment
21.10. Authority of Director General may be terminated only upon following circumstances: 
21.10.1. in accordance with his application; 
21.10.2. in the event of holding another position with salary, except for scientific, pedagogical and creative activities 
21.10.3. upon leaving citizenship of the Azerbaijan Republic, accepting citizenship of a foreign state or upon acceptance of obligations before a foreign state;
21.10.4. confirmation of lack of action capacity or confirmation of availability of limited action capacity, accusation of committal of a crime through an effective decision of the court or declaration as missing or deceased through procedures stipulated by the legislation;
21.10.5. failure to perform professional duties.

Article 22. Juridical Supervision to Public Broadcaster’s Activity

22.1. State organ responsible for Radio and Television broadcasting takes juridical control on public broadcaster’s activity.
22.2. Corresponding state organ responsible for Radio and Television may send an inquiry to executive organs of public broadcasting service about the disorders in the law and make demands preventing law disorders. 
22.3. In case Public Broadcasting Executive organs do not reply the inquiry properly or do not fulfill their controls, state organ responsible for Television and Radio:
22.3.1. demands strict measures to be taken and determines concrete time for the elimination of the disorders.
22.3.2. appeals to the court. 
22.4. Public Broadcaster has the right to appeal to the court about the activities taken by state organ responsible for Television and Radio 
22.5. Any measures taken in order to meet the requirements of this article must not limit the rights of public broadcaster in getting the information and expression.

Chapter V  
The Financing of Public Broadcasting Service

Article 23. Financial Sources of Public Broadcasting Service

23.1. Public Broadcasting service is financed by the following sources: 
23.1.1. income about the subscriber in case other rules are not determined regarding this law; 
23.1.2. sponsor aid; 
23.1.3. the pecuniary aid of physical and legal persons; 
23.1.4. the income proceeding from advertising; 
23.1.5. income from the sale of audio and audio-visual programs; 
23.1.6. income from the sale of the serials, spectacles, feature and documentary films, cartoons produced by itself; 
23.1.7. income from the organization of concerts and shows; 
23.1.8. other sources that are not forbidden by the Legislation of  Azerbaijan Republic. 
23.2. Until the article 23.1.1 comes into force, including the income from other sources, financial means from state budget that increase every year is donated for perspective development and termless activity of public broadcasting in order to fulfill the aims of public broadcasting and it is indicated in state budget in the separate line.
23.3. Until the article 23.1.1 comes into force, taking into consideration income from other sources, the donations from state budget for perspective development of public broadcaster continue. 
23.4. Finance by state budget cannot be a base for state organs to interfere with public broadcasting. 
23.5. Finance of public broadcasting service by subscriber wage is regulated according to the Legislation of Azerbaijan Republic.

Chapter VI 
Total Provisions

Article 24. The Protection of Rights of Subscribers

24.1. Each person can send to the public broadcaster his wish and proposals related to the public broadcasting programs. 
24.2. The Director General carefully analyses the transmitted wishes and proposals, takes measures if needed, and no less than once in three months reports about the measures done in print media
24.3. In the case the honor and dignity of physical or legal persons have been humiliated as well as if their business authorities have been damaged then public broadcaster shall be obliged to observe the principals of disproof, giving the response and correction provided by legislation on mass media 
24.4. In the case when received the petition on violation of rights, each person can get the video or audio copy of the very program for his own account

Article 25. The Responsibility for Violation of Law

Physical and juridical persons carry responsibility for the break of this law appropriate to Azerbaijan Republic Legislation

Article 26. Entry into Force of Law

26.1. This Law comes into force on the day of its publication
26.2. 23.1.1 Article of this Law comes into force on January 2010.

Ilham Aliyev, 
President of Azerbaijan Republic 
Baku city, September 28, 2004