Press Law of 1990

Law of the USSR on the Press and Other Mass Media, June 12, 1990 Chapter I: General Provisions Article 1: Freedom of the Press The press and other mass media are free. The freedoms of speech and press guaranteed to citizens by the USSR Constitution ensure the right to express opinions and beliefs and to seek, choose, receive, and disseminate information and ideas in any form, including the press and other media. Censorship of mass media is prohibited. Article 2: Mass Media For the purposes of this Law, mass media refers to publicly distributed print, audio, and audiovisual messages and materials. Mass media includes newspapers, magazines, television and radio programs, documentary films, and other periodic forms of public distribution of information. Mass media entities are represented by editorial offices for print, television, and radio broadcasting (news agencies, and other institutions engaged in producing mass information). Article 3: Language of Mass Media Mass media outlets operate using the languages of the peoples they serve or represent. Mass media are permitted to distribute information in other languages. The State guarantees the right of USSR citizens to use their native languages and other languages of the peoples of the USSR in receiving and disseminating mass information in accordance with legislation on the languages of the USSR peoples. Article 4: Production and Economic Activity The editorial office of a mass media outlet is a legal entity operating under its own charter. The editorial office is permitted to conduct production and economic activities on the basis of economic independence and financial self-sufficiency. The procedure for granting state subsidies to mass media outlets is defined by the legislation of the USSR and of the union and autonomous republics. Article 5: Prohibition of Abuse of Freedom of Speech The use of mass media is prohibited for disclosing information constituting state or other legally protected secrets, for incitement to violent overthrow or alteration of the existing government or social system, for the promotion of war, violence, or cruelty, for racial, national, or religious exclusivity or intolerance, for the dissemination of pornography, or for committing other criminal acts. The use of mass media to interfere in citizens' private lives or to infringe upon their honor and dignity is prohibited and punishable under the law. Article 6: Legislation of the USSR and Union and Autonomous Republics on the Press and Other Mass Media Legislation on the press and other mass media consists of this Law, other legislative acts issued in accordance with it by the USSR, and the laws and other legislative acts on the press and mass media of the union and autonomous republics. Chapter II: Organization of Mass Media Activity Article 7: Right to Establish Mass Media Outlets The right to establish a mass media outlet is granted to the Councils of People’s Deputies, other state bodies, political parties, public organizations, mass movements, creative unions, cooperatives, religious and other associations of citizens formed in accordance with the law, labor collectives, as well as USSR citizens who are at least eighteen years of age. Monopolization of any type of mass media (print, radio, television, and others) is not permitted. Article 8: Registration of Mass Media Outlets The editorial office of a mass media outlet may begin operation only after the registration of the respective mass media outlet. Applications for the registration of mass media intended for a union-wide audience must be submitted by the founders to the state authorities designated by the USSR Council of Ministers, while applications for media intended for a republican or local audience are submitted to the respective executive and administrative bodies. Applications for registration are to be processed within one month from the date of submission. Legislative acts of the union and autonomous republics may designate other state authorities for registering media intended for republican or local audiences. Mass media aimed at a foreign audience are registered with the USSR Council of Ministers or the Council of Ministers of the union republic. The right to begin publishing remains valid for one year from the date of obtaining the registration certificate. If this period is exceeded, the registration certificate is considered void. Article 9: Application for Registration of a Mass Media Outlet The application for registration of a mass media outlet must include the following: 1. Founder; 2. Name, language(s), and location of the mass media outlet; 3. Intended audience; 4. Program objectives and tasks; 5. Anticipated frequency of publication, maximum volume of the mass media outlet, and sources of funding. No additional requirements may be imposed during the registration of mass media outlets. Article 10: Circumstances for Disseminating Information Without Registration Public authorities and other state bodies have the right to disseminate information without registration for the publication of official regulatory and other acts, as well as bulletins of judicial and arbitration practice. Enterprises, organizations, educational institutions, and research establishments are permitted to create and disseminate informational materials and documentation necessary for their activities without registration. The production of printed, audio, and audiovisual products not intended for public dissemination or duplicated as manuscripts does not require registration. Registration is not required for mass media producing printed materials in quantities of less than one thousand copies. Article 11: Denial of Registration for a Mass Media Outlet Registration of a mass media outlet may be denied only on the following grounds: 1. If the name of the mass media outlet, its program objectives, and tasks contradict the provisions of the first part of Article 5 of this Law; 2. If a certificate for a mass media outlet with the same name was previously issued by the registering authority; 3. If the application is submitted before one year has passed since the legal termination of the mass media outlet’s activities. A denial of registration must be sent to the applicant in written form, specifying the grounds for the denial as provided in this Law. Article 12: Registration Fee A registration fee is charged for the issuance of a registration certificate for a mass media outlet, in accordance with the procedures and amounts established by the legislation of the USSR and the union and autonomous republics. Article 13: Termination of Publication or Release of a Mass Media Outlet The termination of publication or release of a mass media outlet may occur by decision of the founder, the authority that registered the mass media outlet, or by court order. The authority that registered the mass media outlet or the court may terminate its publication or release in the event of repeated violations of the requirements set forth in the first part of Article 5 of this Law within a one-year period. If a mass media outlet has not published or released for over one year, a new registration certificate is required to resume its activities. In the event of a founder’s decision to terminate the publication or release of a mass media outlet, the editorial staff or the editor (chief editor) has a preferential right to establish a mass media outlet with the same name. Article 14: Procedure for Challenging Denial of Registration and Decisions on Termination of Activities Denial of registration for a mass media outlet, as well as violations by the state authority of the established one-month period for registration, and decisions on the termination of activities of a mass media outlet, may be challenged by the founder or editorial office in court. These challenges, including property disputes, will be examined in accordance with civil procedural law. Recognition of a denial of registration for a mass media outlet or a decision on the termination of its activities as contrary to the law will result in the annulment of the contested decisions. The annulment of a decision to terminate the activities of a mass media outlet will result in compensation for damages incurred by the founder, editorial office, and publisher, including lost income. Article 15: Founder, Editor, Editorial Office, and Publisher of a Mass Media Outlet The founder approves the program (basic principles) of the mass media outlet's activities. The editorial office or other institution responsible for producing mass media implements the program based on professional independence. The editor (chief editor) is appointed and dismissed by the founder of the mass media outlet or is elected and dismissed in accordance with the editorial charter. The editor (chief editor) oversees the work of the editorial board and the editorial office of the mass media outlet, representing it in relations with the founder, publisher, authors, state bodies, public organizations, other associations of citizens, and individuals, as well as in court. The editor (chief editor) is responsible for ensuring compliance with the requirements applicable to the activities of the mass media outlet based on this Law and other legislative acts. The editorial board is formed in accordance with the procedures established by the editorial charter. The editor (chief editor) serves as the chair of the editorial board. The publisher of a mass media outlet may be its founder, as well as a publishing house or other legal entity responsible for the material and technical support of the production (printing, release) of mass media. Article 16: Editorial Charter of a Mass Media Outlet The editorial charter of a mass media outlet is adopted at a general meeting of the editorial staff by a majority vote, with at least two-thirds of its members present, and is approved by the founder. The editorial charter regulates the relationships between the founder, the editor (chief editor), and the editorial office, as well as the powers of the editorial staff. It must include provisions on the distribution and use of income generated from the activities of the mass media outlet, along with other relevant provisions. The editorial charter must not contradict existing legislation. Article 17: Production, Property, and Financial Relationships of the Founder, Editorial Office, and Publisher of a Mass Media Outlet The production, property, and financial relationships between the founder, editorial office, and publisher of a mass media outlet are based on current legislation and contractual agreements. The contract should specify: • Resources for maintaining the editorial office; • Portions of income (profits) from the activities of the mass media outlet allocated to the editorial office, founder, and publisher; • Obligations of the founder and publisher to provide appropriate production and social-living conditions for the editorial staff; • Other relevant provisions. Article 18: Output Information Each issue of a periodic printed publication must contain the following information: 1. Name of the publication; 2. Founder; 3. Name and initials of the editor (chief editor); 4. Serial number of the issue and the date of publication for periodic publications; for newspapers, the time of submission for printing must also be included; 5. Index for periodic publications distributed through postal services; 6. Print run; 7. Price (for commercially distributed publications); 8. Addresses of the editorial office, publisher, and printing house. During each broadcast, and at least four times a day for continuous broadcasting, the editorial office of television and radio must announce the name of the television or radio station. Article 19: Control and Mandatory Copies Free control copies of periodic printed publications must be sent immediately after printing to the All-Union Book Chamber, the State Library of the USSR named after V.I. Lenin, the State Public Library named after M.E. Saltykov-Shchedrin, the founder, and the authority that issued the registration certificate for the publication. Control and mandatory copies of printed works must also be sent to other institutions and organizations as determined by the Council of Ministers of the USSR and the Councils of Ministers of the union and autonomous republics. Article 20: Storage of Broadcast Materials The editorial offices of television and radio are required to store broadcast materials for one month after airing, maintain a log of live broadcasts, which records the topic of the broadcast, the date, start and end times, and the name of the host. The log of such broadcasts must be kept for one year from the date of the last entry. Chapter III: Distribution of Mass Media Article 21: Procedure for Distribution of Mass Media Products The distribution of mass media products is carried out by the publisher either directly or on contractual or other legal bases through communication enterprises, other organizations, or individuals. Distributing mass media products without indicating the output information is prohibited. Article 22: Permission for Distribution of Mass Media The distribution of each individual issue (with output information) of a mass media product is permitted only after approval from the editor (chief editor) for publication (airing). The print run of a periodic printed publication is determined by the editor (chief editor) in agreement with the publisher. Obstruction to the lawful distribution of mass media products, including the seizure of a print run or part of it, is not permitted, except based on a legally binding court decision. Article 23: Official Announcements Mass media outlets established by government authorities are required to publish official announcements from these bodies. The editorial office is obligated to publish, free of charge and within the specified time frame, any legally binding court or state arbitration decisions that mandate publication through the mass media outlet. Chapter IV: Relations of Mass Media with Citizens and Organizations Article 24: Right to Obtain Information through Mass Media Citizens have the right to receive timely and accurate information through mass media regarding the activities of government authorities, public organizations, and officials. Mass media outlets have the right to obtain such information from government authorities, public organizations, and officials. These entities must provide mass media with available information and access to documents. Refusal to provide requested information can be appealed by a representative of the mass media to a higher authority or official, and subsequently to the court, in accordance with the legal procedures for challenging unlawful actions of government authorities and officials that infringe upon citizens' rights. Article 25: Use of Authorial Materials and Letters The use of works of journalism, literature, art, and science by mass media is permitted, provided that copyright laws are adhered to. No one can compel a mass media outlet to publish a rejected editorial piece, unless otherwise stipulated by law. When publishing reader letters, shortening and editing their text is allowed as long as the meaning of the letters is not distorted. Article 26: Right to Refutation and Response A citizen or organization has the right to demand that the editorial office of a mass media outlet refute published information that is inaccurate and damaging to their honor and dignity. A citizen or organization against whom information has been published that infringes on their rights and legal interests has the right to publish a response in the same mass media outlet. The refutation or response must be published in a special section or on the same page and in the same font as the refuted information: in newspapers, no later than one month from the date the demand is received, and in other periodic publications in the next planned issue. The refutation or response must be read by the announcer on radio or television in the same program or series of broadcasts, and no later than one month from the date the demand is received. The right to respond may also be granted to the citizen or representative of the organization who requested the publication of the response. The editorial office is obliged to publish a response of up to one page of standard typewritten text. Editing the text of the response is not allowed. Article 27: Court Consideration of a Request for Publication of a Refutation or Response In the case of refusal to publish a refutation or response, or if the mass media fails to meet the established one-month deadline for publication, the interested citizen or organization has the right to appeal to the court within one year from the date of publication. The court considers the request for the publication of a refutation or response by the editorial office of the mass media according to the procedures established by civil procedural law. Article 28: Special Cases of Non-Disclosure of Information The editorial office of a mass media outlet or a journalist is not permitted to: 1. Name a person who provided information under the condition of confidentiality, except when required by the court; 2. Disclose preliminary investigation data without written permission from the prosecutor, investigator, or individual conducting the inquiry; make public any information that could identify a minor offender without their consent and that of their legal representative; 3. Pre-determine in their reports the outcomes of judicial proceedings in a specific case or otherwise influence the court before the decision or sentence becomes legally binding. Chapter V: Rights and Responsibilities of Journalists Article 29: Journalist A journalist, in accordance with this Law, is an individual engaged in collecting, creating, editing, or preparing materials for mass media, who has labor or other contractual relations with it or engages in such activities under its authority. Article 30: Rights of Journalists A journalist has the right to: 1. Seek, obtain, and disseminate information; 2. Be admitted by officials in connection with the performance of professional journalistic duties; 3. Make any recordings, including using audiovisual equipment, film, and photography, except as provided by law; 4. Present their journalist ID to be present in disaster areas, at rallies, and demonstrations; 5. Consult specialists when verifying facts and circumstances related to the received materials; 6. Refuse to create material under their name that contradicts their convictions; 7. Withdraw their name from material whose content they believe has been distorted in the editorial preparation process; 8. Specify the confidentiality of authorship. A journalist also enjoys other rights granted to them under this Law. Article 31: Accreditation of Journalists Mass media can, in agreement with government authorities and public organizations, accredit their journalists with them. The authorities where a journalist is accredited must inform them in advance about meetings, conferences, and other events, and provide them with transcripts, protocols, and other documents. Article 32: Responsibilities of Journalists A journalist is obliged to: 1. Implement the program of activities of the mass media with which they are in employment; follow the editorial charter; 2. Verify the accuracy of the information they report; 3. Fulfill requests from individuals providing information to credit their authorship if that information is being published for the first time; 4. Refuse an assignment given by the editor (chief editor) or the editorial office if it involves violating the law; 5. Respect the rights, legal interests, and national dignity of citizens, as well as the rights and legal interests of organizations. A journalist also bears other responsibilities arising from this Law. Chapter VI: International Cooperation in the Field of Mass Media Article 33: International Treaties and Agreements International cooperation in the field of mass media is conducted based on international treaties concluded by the USSR and the union republics. If an international treaty establishes rules different from those contained in this Law, the provisions of the international treaty apply. Mass media, professional organizations of journalists, and other creative unions participate in international cooperation in the field of mass media and may enter into agreements with foreign citizens and organizations for these purposes. Citizens of the USSR have the right to access information through foreign sources, including direct television broadcasts, radio broadcasts, and the press. Article 34: Activities of Representatives of Foreign Mass Media and Diplomatic and Other Representative Offices of Foreign States in the USSR The legal status and professional activities of accredited foreign correspondents and other representatives of foreign mass media, as well as the information activities of diplomatic, consular, and other official representations of foreign states in the USSR, are governed by the laws of the USSR and the union republics, as well as relevant international treaties of the USSR and the union republics. Chapter VII: Responsibility for Violating Legislation on Print Media and Other Mass Media Article 35: Grounds for Responsibility for Violating Legislation on Print Media and Other Mass Media Abuse of freedom of speech, dissemination of false information damaging the honor and dignity of a citizen or organization, and attempts by journalists to influence the court entail criminal, administrative, or other liability under the laws of the USSR and the union republics. The legislation of the USSR and the union republics may establish liability for other violations of the laws on print media and other mass media. Liability for violations of the laws on print media and other mass media is borne by officials of government and public bodies, as well as the editorial office, editor (chief editor) of the mass media, and authors of disseminated messages and materials. Article 36: Prohibition of Interference in the Activities of Mass Media Interference by officials, government, and public bodies in the lawful professional activities of journalists, or coercion of journalists to disseminate or refrain from disseminating information, entails criminal liability and is punishable by a fine of up to five hundred rubles. Article 37: Responsibility for Illegal Production and Dissemination of Mass Media The production and dissemination of mass media products without registration in accordance with this Law or after a decision to terminate its release or publication result in administrative liability in the form of a fine of up to five hundred rubles imposed by a people's judge, with the confiscation of the printed or other products. Repeated violations within a year of the provisions of the first part of this article entail criminal liability and are punishable by a fine of up to one thousand rubles, with confiscation of the technical means used for the production and dissemination of information, or without confiscation. Article 38: Cases of Exemption from Liability for Disseminating False Information The editor (chief editor) or journalist is not liable for disseminating information in mass media that is not true if: 1. The information was contained in official messages; 2. It was obtained from information agencies or press services of government and public bodies; 3. It is a verbatim reproduction of statements by people's deputies at congresses and sessions of councils, delegates of congresses, conferences, and plenums of public organizations, as well as official statements by officials of government and public bodies; 4. It was contained in authorial speeches broadcast without prior recording or in texts that are not subject to editing under this Law. Article 39: Compensation for Moral Damage Moral (non-material) damage caused to a citizen as a result of the dissemination of false information by a mass media outlet, which damages the honor and dignity of the citizen or causes other non-material harm, is compensated by the mass media, as well as the liable officials and citizens, by court order. The amount of compensation for moral (non-material) damage in monetary terms is determined by the court.