MAINREMARKSANDSUGGESTIONS
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Re:Law«Onmassmedia»
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Paragraph 2 of Arcle 4 of the law species that analogues of print-
ed and broadcasng mass media distributed through Internet are not
subject to registraon. However, Internet versions of tradional mass
media cannot be completely similar to printed or broadcasng mass
media and inevitably dier from them. According to the comments
of MPs, however, it seems that only the internet versions completely
idencal to printed or broadcasng media will be exempted from reg-
istraon as mass-media.
Paragraph 2, item 1, arcle 11 of the law “State registraon of mass
media” denes that the order of state registraon of mass media dis-
tributed through the Internet shall be determined by the Council of
Ministers.
Given the absence of legislavely certain criteria of classifying Inter-
net resources as mass-media, aempts of legal regulaon of acvity in
the Internet can create unjused administrave obstacles to posng
informaon in the Internet. The regulaon of distribuon of informaon
in the Internet can be done on the basis of internaonal agreements and
not on the naonal level, especially not with the help of by-laws.
2. Arcle 6 of the law “Inadmissibility of monopolisaon of mass
media” does not dene real mechanisms of migang monopolisa-
on and concentraon in mass-media.
Anmonopoly regulaon in the eld of mass-media should be
more detailed. In parcular, it should include restricons on cross
ownership of mass-media (both printed and electronic versions) de-
ne methods of control of concentraon in the sphere of mass-media,
powers of state structures in the given sphere, specic measures used
against infringers of the anmonopoly law, etc. It is expedient to adopt
a separate law regulang issues of concentraon and monopolisaon
of mass media.
3. Part two, Arcle 8 of the law “Financing of mass media” forbids,
by the general rule, mass media to receive money and other property
from foreign legal and physical enes, people without cizenship
and also from anonymous sources.
Item 1.5 of Arcle 16 of the law “Grounds for refusal in the state
registraon of mass media” denes that the share of foreign invest-
ments in the authorised capital of the legal enty — edion of mass
media cannot exceed 30 percent.
The restricon of nancing established by arcles 8 and 16 of the
law, contradicts to the Investment code, which allows restricon of for-
eign investments only in the spheres of ensuring defence and security
of Belarus and manufacturing and sales of narcoc, strong and poison-
ous substances.
Moreover, the formulaon of arcle 8 calls into queson the pos-
sibility of receiving by the edions of mass-media of loans in foreign
banks, payments for adversing services from foreign adverzers,
renng equipment from foreign leasers, etc.
4. Item 1, arcle 12 of the law “Registraon requirements” es-
tablishes unfairly wide list of data which should be specied in the
applicaon for registraon.
At the stage of registraon the founder cannot foresee the territory of
distribuon of the edion (item 1.5), its periodicity (item 1.8) and printrun
(item 1.9). It is inexpedient to present this data also because the law and
the current legislaon do not establish any restricons on the acvity of
the founder and edion of mass-media under the given characteriscs. It
is excessive to indicate the sources of funding (1.7) in the applicaon for
registraon of mass-media, since in any case publishing of mass-media is
carried out from the funds available in the edion, and sources of nanc-
ing of the edion are regulated by other legislave acts (civil legislaon,
legislaon an nancial and economic acvity, etc.) Changes of these data
(including changes specied as presumable) entails necessity of inform-
ing the registering body about it (item 3, arcle 14 of the law), which
means an excessive administrave procedure.
The indicaon of subjects covered and specializaon (item 1.6) is
necessary only in case if the founder is going to issue a mass-media for
which a raised or lowered admission fee is established. In other cases
restricon of edion of mass-media by subjects is the violaon of the
freedom of expression of opinion guaranteed by the Constuon.