The Draft To Adjustment Of Mass Media Law 2012

The Islamic Republic of Afghanistan
Ministry of Information and Culture
Legal Advisory on Media Affairs

In the Name of God, the Merciful, the Compassionate

The Draft  to Adjustment of Mass Media Law 2012
( This text has been prepared after conducting a referendum  on already released amendment draft of  media law.) 
First chapter
General provisions

1st  Article:

This law has been enacted according the principles of Islam sacred religion based on the 34 article of constitution and observing the international conventions for civil and political rights, in order to ensure the freedom of thought and expression and to regulate the activities and Media organs in the country.

Objectives
2nd Article:
Based on
The objectives of this law are:
1. Supporting and guaranteeing the freedom of thought and expression.
2. Supporting the rights of journalists and to provide conditions for free activities of the media organs.
3. Promotion and development of free, independent and pluralistic mass media.
4. Providing a proper ground for the citizens of the country to express their feelings and thought and to reflect realities fairly by speech, writing, painting, images, video, drama and other scientific, literary, artistic, and printing and publication   .
5. Observing freedom of expression of thought ratified in international documents on human rights, observing the principles of Islam sacred religion and enforced laws of the country.
6. Contribution to the healthy growth of mass media, in a way that could be effective means for publishing true news, information, training and prosperity of science and culture in the country and to reflect the opinions of the people according to journalistic standards and principles (Honesty, impartiality and equality).

Terms:
3rd  article:
The following terms in this law mean as follow:
1. Media:  is a means of transmission of message and information, using the following instruments,
Electronic media:
Electric media: Radio, TV, cable networks and internet.
Printed media are: Newspapers, pamphlets, gazettes, (weekly, monthly and annually publications, colanders, posters etc).
2. The mass media, in this law is divided into the following types:
Public media: belong to the public and funded through national budget, broadcasting and printing advertisements, other services and donations.
Private media: belong to individuals, political, economic, social and cultural organizations and equipped and funded according to the provision of this law.
3. Journalist is a professional person who provides materials and information to be broadcast and published via mass media communication means.
4. Media organs: Press, training journalism institutes, film producing companies, propagating and advertising companies, importing printed and audio visual material organs is considered as mass media in this law.

5. Press: is an economic and technical plant which carries out printing services.
6. In charge of press: is a legal or representing person who based on ownership or representing the owner of the press manages the press affairs.
7. Publisher: is a legal or representing person, who has the right to publish all legal materials.
8. Publishing: is a process of transmission of news, message and information via mass media.
9. Film production institute: is an institute that according to its statute and objectives produces cinematic and documentary films, pictures and slides.
10. Publication institute: is legal personality who according to this law publishes and broadcasts information and periodicals and non – periodicals
11. Journalism training institute: is an institute that offers short and long term courses on journalism.
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12. Propagating and advertising company: is a legal personality that makes propagation and advertisements according to its statute and objectives. 
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13.  News Agency:  is a legal personality who serves on communication, gathering and offering information.
14. The right of author “Copy Right”:  is having a spiritual right which according to internationally accepted criteria is regulated by a separate law. 
15.  Concessionaire:  is a legal or representing person who establishes and launches media and media agencies.
16.  The editor in chief:  is a person who has the responsibility of managing the affairs of publications to the relevant media agency.
17.  Radio:  is an audible means of communication for transmission of information to public.
18. TV: is an audio visual means of communication for transmission of information to the public.
19. Cable Network:  is an audio visual mass media means that offers informative, educational, and cultural and entertainment programs at national and international levels for its subscribers.
20. Advertisements:  offering audio-visual services for legal and representing person via electronic and printed media in exchange of money or mutual services.
21.  Donation:  Granting any kind of assistance by legal or representing persons for moral or physical improvement of mass-media.
22. Internet page: is a collection of files included writings, pictures, graphic, video and audio prepared and maintained via server by legal or representing person.
23. Civil society: is a collection of foundations, associations, independent non- state organizations which plays an effective role apart from political power and private sector via conducting civil approaches in structuring political power, monitoring on state agencies activities, improving human rights status and strengthening the rule of law.

Second Chapter

Rights and Obligations
Freedom of Expression and Thought

4th Article:

1. Everybody has the right of to express his/her thought.
Demanding, obtaining and transmission of information and views, within the provisions of this law, without interference, creating restrictions and threat by state authorities are included in this right.  This right also includes the free activities and operation of broadcasting, publishing, distributing and receiving information means.
2. The state supports, promote and guarantees the freedom of mass media.
No legal person or representing person, including the state and state organs cannot ban, boycott, censor or restrict the free operation of news or information media, or in other way interfere in publication and broadcasting affairs of mass media, but according to the provisions of this law.

Demanding  for Information
5th article:
According to this law journalists and media have the right to ask for and receiving information.  The state, based on journalists and media demand, should provide information for them, unless the information is secret or disclosing it endangers the security, national interests, and territorial integrity of the country or hurts the rights of others.

Freedom of publication, observing and maintaining balance
6th article:
1. The mass media both printed and electronic, observing the provisions of this law is free in preparing and publishing their issues.
2. The mass media on political stands of parties and other legal personalities considering the provisions of this law should observe a balance and publish the views of the parties impartially and fairly.
3.   the mass media preserve  published broadcasted  material for 9 months in their archives, unless this law is ordered in another way 

Not – disclosing  right of source

7th article: 
(1) The journalists in performing their professional activities, related to publishing critical reports and views are support by law.
(2), Journalists and media have the right to not disclose the source of information, unless, the court issues a verdict on disclosing the source,  in the condition that:
1- Revealing the source is necessary for investigating the information or defending the accused person in court.
2. Determining the crime in the cases be impossible through other means
3. Public interests and the principle of human right require it.
4. Being occurred after hearing the defense of the accused in the court. 
(3). If revealing the information source included in ( 1) paragraph of this article endangers the life or safety of the source , in that case disclosing is allowed

The right of answering

8th article:

(1) Every legal and representing person has been insulted by any media which hurts his/her credibility or caused material damage, has the right to respond in that regard via the same media. 
(2) In the state that included in (1) paragraph of article the relevant media is obliged without losing time, publish the response in the next issue or program.
The relevant media, without delay, publishes the denial answer in subsequent issue.
1. The presented answer is free of criminal nature and should be exclusive to the answer of the issue, which submitted to the editor and chief of the media in written form with signature of depressed person.
2. Any complaint on non-publication of the answer refers to the relevant commission.
3. The answering right, on reports from parliament meetings is not verifiable, unless, the course of the meetings has been deviated by a media.

Not publicizing the answer

9th article: 
(1) The mass Medias can avoid the publication of the answer, in the following matters:
1. The answer is out of the discussing issues.
2 .The answers are reached 90 days later to the media.

Third chapter

10th  article:

The journalists and other members of the media to defend their interests can establish independent unions, associations, and commission in conformity of law.

The right of claim
11th article:
If a legal person or representing person in a written form claims that his/her  right is violated in a program of a media, He/she can get it from the archive of that media and use and disseminated in expense of him/herself.

12th Article: 

The rights and privileges of journalists

(1) Journalists and the personnel of media and private media organizations, respecting the provision of this law are entitled to certain rights and privileges. The rights, privilege and obligations of journalists and the personnel of private media and other issues concerning to employment, signing and canceling contracts is regulated by a separate legislative document.
(2) If a journalist or a staff of mass media loses his/her life during performing the duty or related task to his/her job, in this case the spouse and under legal age  children  are entitled to receive financial support until they get legal age    

13th Article:
Safety working of journalists
The government has responsibility to make its best to ensure the security and safety of journalists. If some one outrages or violates against a journalist, the violator should be pursued and be punished accordingly. 

Prohibited subjects
14th article:
Production, dissemination, printing and publishing the following materials are not allowed in media and media organizations:
(1)  Works and subjects contrary to the principles of Islam.
2. The works and subjects cause insult to other faiths and religions.
3.  The works and subjects that cause humiliation, defamation and insult to legal and representing persons and damage their prestige and credibility.
4. Propagation and dissemination of other religions except Islam.
5. Disclosing the identity and spreading images of violence and aggression in a way that hurts their social prestige.
6. Pornography and heinous and wicked subjects and materials

Miscellaneous obligations
15th article:
(1) Mass media is obliged to observer the principles of sacred Islam, national and moral values of Afghan nation, human rights which have been ratified in constitution and international commitment of Afghanistan.
(2) Mass media except media with specific field should include in their training programs issues related health, environment, preserving cultural heritage, importance of education, the harm of cultivation, production of narcotics and other social and human rights issues.
(3) Radios and TVs are obliged to broadcast payer call in five time prayers and preparing their programs have to consider the religious sacred days and Ramadan.

4th chapter
Establishment of Media

16th article:

1. The citizens of the country, political parties, social organizations, NGOs, refugees, State departments can establish printed media according to the provisions of this law.
NGOs in Afghanistan which are operating legally can establish and release printed media like magazines and newsletter according to the provision of this law.
2. The concessionaire of printed media is obliged within a month after releasing the first issue of the publication; according to this law register it.
3. Foreign citizens, political parties, civil society organs, social organizations, NGOs, private companies and state departments in conformity with this law can establish electronic media.
4. Legal and representing persons included in the first paragraph of this article and foreign institutes according to the provision of law can open website.
5. The citizens of the country, NGOs and interior private companies can establish cable networks.

Establishment of media institutes
17th article:
(1) The nationals of the country, political parties, civil society’s associations, social foundations, companies and non- state organizations and state departments are entitled to establish media agencies according to this law and other legislative documents.

Establishment of a branch of media

18th article:
(1) The media and the media agencies which their headquarters are located outside the country and their concessionaires are Afghans, can establish a branch in the country according to provision of this law.
(2) Foreign media can establish their branches, after the approval of ministry of foreign affairs and obtaining license from ministry of information and culture according to the provision of this law and other enforced laws in the country. Distributing of frequency for foreign radios and TVs is also included in this order.
(3) The in charges of the branches included in (1and 2) paragraphs of this article is eligible to the conditions included in 28th article of this law. Except the printed media belongs to foreign refugees, this principle includes media and media institutes which are operating by legal and representing people in Afghanistan according to the provision of law.

Funding sources
19th article:
(1) The mass media and media agencies observing the provisions of this law and other enforced legislative documents of the country are funded via the following sources:
1- Publishing advertisements, messages and programs related to legal or representing people according to the provisions of this law.
2- Receiving donation from legal and representing Afghan citizens.

3- Receiving donation from Afghan and international donors, who operate for development of media and media agencies.
4- Offering professional and expertise services to legal and representing persons in exchange of money.
(2) Media and media agencies belong to political parties can not fund themselves from foreign sources.
(3) The media and media agencies are obliged for transparency creates a clear financial system to openly show the funding sources, revenues and taxpaying.

Fourth   Chapter
The concessionaire and the head of media and mass media agencies
Conditions for concessionaire
20th article:
(1) The concessionaire or the owner of the media and media agencies should be eligible to the following:
1-legal person:
– Having identity card from Afghanistan
– Completing 18 years of age.
– Being not deprived from civil and political rights by a court.
(2) Representing persons
– Be recorded and registered in relevant state offices.
– Foreigners and foreign institutes offer their own country identity card.
– Having statute
21st article:
The concessionaire or owner is obliged before registration and commencing the activity of the media or media agency, should have its statute.
(2) The statute included in the (1) paragraph of this article should have the following matters:
1- Name and address of  media or media agency
2- Objectives:
3- Formation structure
4- Field of activity and duties and obligations
5- Method of work and activities
6- Financial sources
7- The way of amendment and bringing changes in the statute,
8- Dissolving and clearance of financial affairs.

Presenting information for registration
22nd article:
(1) The concessionaire or owner is obliged to present a form to the ministry of information and culture obtaining the following information:
1- Name and father’s name of the owner and the in charge of relevant media or media organ, observing the conditions included in this law
2- Name of the media or media agency
3- Type of activity
4- The site of activity
5- Funding resources  
6- Amount of capital, except internet page or site.
7- In printed media: Number of copies        language, contents of publication , time of printing and binding
8- In electronic media and media agency: determining the quantity and quality of machinery and equipments
(2) Statute, the form that confirms that the editor in chief has accepted the responsibilities and additions to the form included in first paragraph of this article should be presented by the concessionaire for registration.
Informing about amendments
23rd article:
(1) The concessionaire is obliged to inform the ministry of information and culture in written form about any changes and amendments on statute and specifications included in 21st and 22nd articles of this law.  The amendments and changes are registered in relevant department of ministry of information and culture, in condition the changes and amendments be according to the provisions of this law. If the concessionaire is not satisfied, he/she can refer to relevant organs mentioned in 24th article of this law.
(2) If the editor in chief is removed from the job, sacked, resigns or dies, the owner is obliged to inform the ministry of information and culture in written form and to present the relevant documents of the new editor in chief according to the provisions of this law to the ministry within 30 days. During that period, in acting editor in chief that should be eligible of peculiarities mentioned in 28th article of this law manages the media affairs. In other case, the obligations of the editor in chief refer to the concessionaire.

The right of referring to authoritative organs
24th article:
(1) If the applicant considers the decision of publication and registration department of ministry of information and culture on non- registering or not issuing license for the operation of the media, against the provision of this law, can refer to the council of media, after informing about the rejection, within 30 days.
(2 ) In the state included in (1) paragraph of this article, the council of media decides about accepting or rejecting the resolution of the department of publication and registration within 30 official days.
(3 ) If the council of media rejects the decision made by the relevant department of information and culture, the department is obliged, according to the decision of the council, observing the provisions of this law, issue license for the operation of that media within 5 official days. Otherwise, the owner of interior media or media institution can start its operation before obtaining license based on the provisions of this law, but respecting the provisions of this law he/she should obtain license from relevant department within 15 official days.
(4 ) If the relevant department of the ministry of information and culture in a period mentioned in (3) paragraph of this article recognizes that the operation of the relevant media or media institute is against the law, can refer the issue to the commission on assessment of violations of media, otherwise, is obliged to issue license for owner of the media according to the 3rd article of this law.
(5 )  If the applicant does not agree with the decision of the high council of media, regarding to the approval of the decision of the department mentioned in (1) paragraph of this article, can raise the issue in an authoritative court.

Registration of media and media institutes
25th article:
(1) The concessionaire is obliged earlier to the commencement  of the activities of his/her media or media institute, should receive the license according to the provisions of this law and other legislative documents, unless, this law orders in another way.
(2) The concessionaire can not operate other media or media institute, only by receiving a single license for one. If he/she wants to establish another media or media institute, should register it separately.
Transmission of ownership and concession of operation
26th article:
(1) The transmission of ownership and concession of mass media and media institute is allowed, observing the following matters:
1. Transmission of the right of ownership and concession of mass media and mass media institutes in form of sale, donation, heritage, lease and loan.
2. Transmission of the right of   ownership and concession of mass media and mass media institutes to an eligible person to the provisions of this law.
3. If the concessionaire dies or loses his/her legal qualification, the physical property is transformed according to the provisions of law and the spiritual property is transformed to eligible legal or representing person included in this law with written  agreement of the heirs. If there is no any heir, the physical and spiritual properties are transformed according to the provisions of enforced laws of the country. If the right of ownership and concession is delegated to another person, the license for operation issued in his/ her name and address is not deliverable. The new owner is obliged to get a license for operation according to the provisions of this law.

Deprivation of the concession of operation
27th article:
(1) The concessionaire who register mass media or mass media institute in ministry of information and culture is obliged to start its activities within two years after receiving the license, in other case, the concession of operation is invalid. But if there be justifiable reasons, the period could be extended only for another 6 month period.
(2) If the concessionaire after a period of operation, stops his/ her activities, and not restarts the activities until 2 years months, his/her license becomes invalid.
(3) If the concessionaire, included in (1and 2) paragraph of this article   restarts the activities whose license was invalid, is obliged to obtain a new license.
(4) The concessionaire who have been deprived from concession right, can plea in a court.
The condition for employing the editor in chief
28th article;
(1) the editor in chief of mass media and mass media institute is eligible to the following conditions:
1- Having the identity card of the country
2- Completion of 23 year of age
3- Higher education degree and 3 years experience
4- Not deprivation from civil and political rights by a court.

The obligations and powers of editor in chief
29th article:
(1) The editor in chief of mass media and mass media institute have the following powers and obligations:    
1- Publication of materials, subjects and contents of programs, producing artistic, training and propagating programs;
2- Respecting the equality rights of the critic and the one who has been criticized in relevant media both printed and electronic media.
3- Presenting annual financial report of the mass media and mass media institute to the publication and mass media affairs department of ministry of information and culture and ministry of finance. The content of the report should contain the revenues, expenditures and source of funding.
4- Presenting written information on the beginning of every year about continuation and non continuation of the activities of mass media or mass media institute to publication and mass media affairs department of ministry of information and culture.
5 – Respecting the provisions of this law and other legislative documents in professional and administrative affairs of relevant media and media institute.
6- Being responsive and accountable before legal authorities.
7- Other duties and obligations included in relevant legislative documents and his/her term of reference (ToR).
8- If the editor in chief is absent and another person carries out his/her duties, in this case the editor in chief is not responsible and accountable.

The concessionaire works as an editor in chief.
30th article:
A legal person who is the concessionaire of mass media and mass media institute can work as editor in chief of the relevant media or media institute but he/she should be eligible for that position.

5th chapter
Public media

National Radio and Television
31st article:
(1) Afghan National Radio and TV as a public media belongs to all Afghan people operate as independent organ according to the provisions of law and its statute.
(2) The general director of national  radio and TV of Afghanistan is appointed among elites and experienced people with higher education degree in journalism according to the provision of 3rd   subparagraph of  4th paragraph of 35th article, observing the conditions included in first paragraph of 43rd article for 4 years. One person can not work more than two terms in that position.
(3) The resignation of the general director of nation radio and TV of Afghanistan after confirming by high council of media is presented to the president for approval. If the general director of national radio and TV removes from his/her job in a way, the new general director is appointed within 30 official days according to the provisions of this law.
(4) The headquarters of Afghan National Radio and TV is in Kabul city and its branches are located in provinces.
(5) In state of war and cases the independence, territorial integrity and national sovereignty face to danger, the president of the country can adopt necessary decision.
(6) The department of Afghan National Radio and TV is carrying out the following duties and obligations:
1- Preparing and organizing the programs in the light of Islamic principles and national and spiritual values of Afghan nation.
2- Informing and presenting Islamic, scientific, cultural, educational, economic and moral training programs
3- Presenting programs that reflect the culture and the opinions of Afghan people according to the provisions of this law to ensure national unity in the country.
4- Publication of materials related to human rights especially the rights of children, women and disabled.
5- Publication and broadcasting of programs and news in balance in both official languages of the country.
6- Publication and broadcasting of programs and news in other languages included in 16th article of constitution of the country, according to the statute.
7- Preserving all registered and recorded documents in relevant archive.
8- The duties and obligations assigned observing the provisions of this law  by the commission of  Nation Radio and TV of Afghanistan to the department of Afghan National Radio and TV 
9- Other duties and obligations included in this law and relevant statute.

Bakhtar News Agency
32nd article:
(1) Bakhtar Information Agency is a public media operates as an independent department according to the provisions of law and relevant statute.
(2) The general director of Bakhtar Information Agency is appointed among elites and experienced people   with higher education degree according to the 3rd subparagraph of 4th paragraph of 35th article and observing the first paragraph of 43rd article of this law for four years. One person can not serve more than two terms.
(3) The resignation of the general director of BNA after confirming by the high council of media, presented to the president for approval. If the general director of BNA removes from his/her position in a way, the new general director should be appointed according to the provision of this law within 30 official days.
(4) BNA performs the following duties and obligations:
1- Gathering information
2-  Preparing of news and reports and presenting them to media for publication and broadcasting;
3- Preserving all registered and recorded information in relevant archive.
4- The duties which are assigned by BNA professional board to BNA department.
5- Other duties and obligations included in this law and relevant statute.

Public Printed  Media
33rd article:
(1) The public printed media which operate in framework of the state belong to the people of Afghanistan.
(2) The number, duties and obligations, funding resources and other issues related to public printed media are organized in relevant legislative document.

6th chapter
High council of media and other media organizations
34th article:
(1) For realizing the objectives included in this law and the approval of the policy of media, the high council of media according the provisions of this law, as a highest source of decision making, is established with the following combination:
1- The minister of information and culture as a member;
2- Deputy technical minister of communication and technology as member;
3-  A well-known religious scholar as a member;
4- 2 parliament lower house  members, representing the cultural commission of that house as members;
5- 2 parliament upper house members representing the cultural commission of that house as members;
6- A   representative of the supreme court as a member;
7- An authoritative representative of ministry of justice;
8- 4 people with high education in journalism, representing the journalists’ association as members;
9-  2 persons, representing civil society as members;
(2) the members of the high council of media included in subparagraphs of 3 to 9 of the first paragraph of this article are appointed as follow:
1- The members included in subparagraphs of 3, 8, 9 of the first paragraph of this article are organized by the procedure of the high council of media.
2- The members included in subparagraphs of 4, 5, 6 and 7 of first paragraph of this article are introduce by relevant organs to the high council of media.
3- The members included in 4,5, 8 and 9 items of the first paragraph of this article considering the gender issue are appointed.
(3) The term of service of the members included in subparagraphs of 3 to 9 of the first paragraph of this article is 3 years. If a member of the high council in a way loses his/her membership right, another person is appointed instead of him/her according to the provisions of this law within a month.
(4) The members of the high council of media are entitled to a salary which is paid according to the provisions of law.
Duties and obligation of the high council of media
35th article:
The high council of media enjoys the following duties and obligations:
1- Designing, approving, and amendment of media policy of the country according to the provisions of this law.;
2- Selecting the personalities eligible to this law as members of commissions included in this chapter and the professional board of BNA and proposing them to the president for the approval; the way of selecting the members for the high council of media is elaborated in the procedure of the high council of media.
3- Proposing the appointment and ousting the general director of National Radio and TV of Afghanistan and general director of BNA to the president for approval;
4- Proposing the budget of  National Radio and TV of Afghanistan and BNA to the president for approval;
5- Ratifying the publication and broadcasting policy of national radio and TV of Afghanistan an a way to demonstrate the ethnical, linguistic and cultural   diversity of all people  of Afghanistan;
6- Proposing the amendment and adding to the articles of this law and other legislative documents relevant to mass media and media institutes to the higher authorities,
7- Supporting the freedom of speech and evaluating the activities of media considering the provisions of this law,
8- Presenting annual report to the president and the parliament of the country,
9- Performing other duties and obligations included in this law and other legislative documents, enforced in the country in relevant fields.

Commission for investigation  media violations 
36th article:
(1) To assess and investigate the complaints of legal and representing persons, regarding to media violations a commission for assessing and investigating  the violations is established with the combination of following members:
1- The representative of ministry of information and culture;
2- The representative of ministry of justice;
3- The representative of human rights commission;
4- The representative of faculty of journalism of Kabul University;
5- Two professional journalists representing journalists associations;
6- The representative of civil society’
7- The representative of independent association of barristers,
8- The representative of the union of cinematographers of Afghanistan.
(2) The members of commission for assessing and ivestigating media violations are introduced by relevant organs and appointed according to provisions of this law.
(3) The commission included in first paragraph of this article has the following duties and obligations:
1- Addressing to the complaints of legal and representing people, on not observing the second paragraph of  6th article and  7, 9, 11, 14 articles, 2nd subparagraph of the firsts paragraph of 29th article of this law;
2-  Introducing interior  procedure, guidelines and board of hearing the complaints;
3- Evaluating and reviewing the earlier decisions of the commission;
4- Referring violation cases to judicial and justice organs according to the provisions of law;
5- Presenting annual report from its activities to the high council of media;
6- Other duties and obligations included in this law and other enforced legislative documents in the country on relevant fields;
(4) The members of the commission for assessing and investigating violations of media are entitled a salary that is paid according to the law.
Addressing to the complaints
37th article:
(1) Any legal and representing person who suffers from damages caused by publication, broadcasting and dissemination of materials against this law  can submit his/her complaint to the commission for assessing the violations of media;
(2) No state administration including attorney office can not investigate the violation of media and decide about it. In the first step the violation of media is assessed only by the commission. But the violations of media in course of elections and violations from copyright is investigated according to relevant laws and are exceptional from this provision.
(3) The commission for assessing and investigating the violations of mass media assesses and investigates the received complaints according its procedure and decides about it according to the provisions of this law and relevant procedures.
Discretionary measures of the commission  
38th article:
(1) If violation of mass media and media institutes from the provisions of this law and other relevant legislative document is approved, the commission adopts measures in that regard as follow:
1- Oral notice;
2- Written notice;
3- Ordering to correct and improve itself;
4- Compelling the violator to apologize;
5- Issuing written  notice;
6- Offering proposal to the ministry of information and culture  to deprive the media or media institute from its concession right
(2) If the assessment and investigation made by the commission included in first paragraph of this article indicates that the violation requires to be perused in justice and judicial organs, the issue should referred to relevant organs of those sources for further investigation.

Declaring the decision of the commission
39th article:
(1) The decision of the commission is declared in written form to the parties. The members of the commission who have participated in relevant meeting should sign the decision. If a member of the commission is against the decision, he/she is obliged to present the reason in written form in regard to the resolution of the commission.
(2) If the parties or one of the parties not satisfied with the decision of the commission for assessing and investigating the violation of media can offer his/her request to the commission for reassessment of the issue within 7 official days. The commission is obliged to assess and investigate the issue according to the procedure and announce the result. If the parties agree to the second decision made by the commission it would final and applicable.
(3) If the parties do not agree with decision included in
(3)     Paragraph  of this article, they can go to the relevant           justice and judicial organs within 15 official days.
Canceling or implementing the decisions of the commission
40th article:
(1) The decisions of the commission for assessing and investigating the violations of media, on violations included in this law and relevant procedures can be canceled only by the court according to the provisions of law.
(2) If the decisions included in first paragraph of this article, disagreed by the parties and their disagreement according to 5th paragraph of 39th article of this law has not been referred to the court, are applicable. In case, the parties not respect the decisions, the issue will be pursued by the commission according to the procedure, if it is required, the violators introduced to justice and judicial organs.

The commission of National Radio and TV of Afghanistan
41st article:
(4) For better organizing the administrative affairs of National Radio and TV of Afghanistan, the commission of National Radio and TV of Afghanistan considering to ethnical and gender is established  with combination of the following members:
1- A religious scholar
2-  A representative of civil society’s organization
3- A lawyer
4- An expert of journalism
5- An expert of information technology
6- An expert of marketing management
7-  A professional artist
(5) The general director of National Radio and TV of Afghanistan can participate in the meetings of the commission to express his/her views on issues under discussion but has no right to vote.
(6) The members of the commission are appointed according to the provisions of this law observing the following matters:
1- 4 members for a period of 3 years;
2-  Three members for a period of 2 years;
(7) The appointment of the members of the commission in next rounds will be for three years.
(8) The members included in paragraphs of 1, 2 and 7 of this article are appointed to participate in the meetings of the commission of National Radio and TV of Afghanistan and the members included in 3 to 6 paragraphs of this article are appointed for whole official working hours.
(9) The commission included in first paragraph of this article has the following duties and obligations:
1- Preserving independence, impartiality and professional dignity of National Radio and TV of Afghanistan;
2- Monitoring on performances of Afghan national radio and TV;
3- Assessment of the budget of National Radio and TV of Afghanistan and submitting it to the high council of media for processing.
4- Attracting aids for improving the national radio and TV of Afghanistan;
5- Offering proposal for amendment of the statute of national radio and TV and processing via the high council of media to relevant organs and sources.
6- Monitoring over the implementation of  the provisions of the statute of Afghan National Radio and TV and other legislative documents;
7- Assessing the publication policy of the National Radio and TV of Afghanistan and presenting it to the high council of media for approval and monitoring the implementation of it;
8- Ratifying bills, procedures and guidelines for better implementation the statute and publication policy of Afghan National Radio and TV;
9- Presenting annual report on activities to the high council of media;
10- Other duties included in this law and other relevant legislative documents.
(10) The members of the commission of National Radio and TV of Afghanistan who have been recruited for whole official time, entitled specific rights and privileges and the members who have been appointed to just participate in the meetings of the commission are entitled to receive fee for their participation which is paid from the budget of the National Radio and TV of Afghanistan.
Professional Board of BNA
42nd article:
(1) To better organize the affairs of BNA, the professional board of BNA considering ethnical and gender balance is established as a follow:
1- A representative of civil organizations;
2- Two experts of journalism;
3- An expert of law;
4- An expert of commercial management;
(2) The general director of BNA can participate in the meetings of professional board to express his/her view points on issues are discussed, but have no right to vote.
(3) The terms of service for the members of BNA professional are set up as follow:
1- Three professional members for 3 years;
2- Two members of the board for 2 years;
3- The next rounds of appointments of the board members would be for 3 years.
(4) Two members of the professional board of BNA are appointed to just participate in the meeting of the board, the 3 members are appointed to work all official working hours.
(5) The professional board mentioned in the first paragraph of this article has the following duties and obligations:
1- preserving independence, impartiality and the professional dignity of BNA;
2- Monitoring from BNA activities;
3- Assessing the budget of BNA and presenting to the high council of media for processing;
4- Attracting aids for boosting BNA;
5- Monitoring over the implementation of  BNA statute and other relevant legislative documents;
6- Assessment of the policy of BNA and presenting it to the high council of media for approval;
7- Offering proposal for amendment and bringing changes in legislative documents related to BNA to the high council of media for further processing;
8- Ratification of bills, procedures and guidelines for better implementation of the statute and other relevant legislative documents to BNA;
9- Presenting annual report  on activities of BNA to the high council of media;
10-  Other duties included in this law and other relevant legislative documents.
(6) The fees of the members of the board who just participate in the meeting of the board and the members who work all official hours are paid from BNA budget according to the law.
Membership condition
43rd article:
(1) The selected members of the high council of media, the members of the commission for assessing media violations, the members of the commission of National Radio and TV of Afghanistan and members of the board included in this chapter in addition to the conditions mentioned in this law should meet the following measures:
1- Having identity card of Afghanistan;
2- At least completion of age 25;
3- At least BA degree;
4- 5 years scientific and practical experience;
5- Not convicted to crime or deprived from civil and political rights according the court verdict.
(2) The members of the commission for assessing and investigating media violations can not be appointed as the concessionaire and chief in editor of mass media or mass media institute.

The appointment of president and work system
44th article:
(1) The high council of media, commissions and professional board included in this chapter each of them has a president who has been appointed among relevant members via voting.
(2) If the members of one of the commissions and professional board included in this chapter do not reach an agreement according to the provision of this law, the president of that organ is appointed by the high council of media among the members of relevant commission and professional board according to the criteria included in procedure of the high council of media.
(3) The working systems and activities of the high council of media and each of the commissions and professional board included in this chapter are organized according to the procedure of interior duties.
(4) The high council of media, commissions, and professional board included in this chapter, according to the provisions of this law and relevant procedures in performing the duties and making decisions are acting independently.

Cases of losing membership
45th article:
The members of the commissions and professional board included in this chapter are losing their membership in following cases:
1- Written resignation and approval by the president of the country;
2- In case of violating one of the condition mentioned in 30th article of this law;
3- Incurable and persistent disease which bars him/her to participate in the meetings;
(2) The elected members of the high council of media, any member of the commissions and professional board included in this chapter, in the following situation, if there be clear and evident reasons, are sacked:
1- Not be qualified in performing the duties;
2-  Not participating in 4 alternative or in 8 miscellaneous meeting without justifiable reason;
3- Sacking of the members of the commissions and professional board included in this chapter, is take place with the proposal of two third of the members of relevant commission or professional board after confirming by the majority members of the high council of media and the approval of the president;
4- Sacking the elected members of the high council of media is taking place according to the decision made by  two third of the members of the council;
Resignation
46th article:
(1) The members of the high council of media included in 5, 6 and 7 paragraphs of 24th article of this law can present their resignation to the relevant organs , after his/her resignation confirmed, the relevant organs officially inform the high council of media and introduce another person as their representative.
(2) The members of the high council of media included in 4, 8 and 9 paragraphs of 24th article of this law also can present their resignation to the high council of media, after approval by that council, other persons eligible to the condition mentioned in this law are appointed according to the procedure of the high council of media as members of the council.
(3) The members of the commission for assessing media violations, the members of National Radio and TV of Afghanistan Commission and professional board included in this chapter can submit their resignation to the high council of media, if confirmed by the council it should be approved by the president.
Appointing new members
47th article:
(1) If a member of the council of media or one of the commissions or professional board included in this chapter loses his/her membership in way, for completing a period of more than one year another person for filling the gap is assigned for the position within a month according to the provisions of this law, the period is accounted in His/her services period.
(2) If the remained   period of services of the member mentioned in first paragraph of this law be one year or less than one year, the new member is appointed for a full term of services, observing the provisions of this law.
The term of service
48th article:
(1) The elected members of the high council of media, the members of commission for assessing media violations, the elected members of National Radio and TV Commission and the elected members of professional board included in this chapter, are only appointed for two terms of service.
(2) If one of  the members included in first paragraph of this article loses his/her membership in a way, and appointed as a member according to the provisions of this law  for another  round as representative of the same organ, his/her term of service is accounted as full term of services, unless his/her earlier services term be less than one year,
(3) The members of the high  council of media, the members of commissions and the professional board included in this chapter, except the conditions stated in this law, can not removed from the membership of the relevant organ until the end of the service.

7th chapter
Miscellaneous provisions
The specifications of printed media
49th article:
The administrations of printed media public, state and private should explain the specifications of their paper as follow:
1- Name of the paper;
2- Address;
3- Phone number and Email;
4- Name and the location of printing;
5- Name of owner and editor in chief;
6- Date of publication;
7- Serial number;
8- Web site  if exists;
9- The names of the members of the editorial board if it exists.
The right of producing film by foreign citizens
50th article:
Foreign national can produce documentary and cinematic films in Afghanistan according to relevant legislative documents on prepare and producing film, in condition that they been introduced by the ministry of foreign affairs and obtain a license from ministry of information and culture.
  Publication of foreign radios and TVs
51st article:
(1) The publication and broadcasting of foreign radios and TVs via the frequency of national radio and TV of Afghanistan is taken place after confirming by the Nation Radio and TV of Afghanistan, ratifying by the council of media and the approval of council of minister.
(2) Radios and TVs with the exception of private radios and TVs, after the agreement of ministry of foreign affairs and obtaining the license from ministry of information and culture, publicize and broadcast the direct publication of foreign media, observing the provisions of this law and enforced laws in the country, via their own frequency.
Printed media belong to foreign organizations
52nd article:
(1) Foreign political missions in Afghanistan, observing the provisions of law without registering of their newsletter can start publication. Unless for the political mission in Afghanistan have been imposed restrictions.
(2) The international and interstate missions informing the relevant ministries and organs can conduct research and publish periodical and non periodical papers.
(3) Preparing and releasing reports on scientific studies and research is allowed with earlier informing the relevant ministries and organs.
The department of publication and media affairs
53rd article:
(1) The department of publication and media affairs of ministry of information and culture is responsible for registration, issuing license and monitoring from the operation of media according to the provisions of this law. Investigating the violations of media is excluded from the order.
(2) The system of activities and performing the duties and obligations included in the first paragraph of this article is regulates by a separate regulation.
Secretariat
54th article:
The   high council of media, the commission for assessing media violation and the professional board of BNA for performing their administrative affairs, each of them establish separate secretariat. The duties and obligations of the secretariat are determined in a separate procedure.

Regulations, bills and procedures  
55th article:
(1) The ministry of information and culture to the better implementation of the provisions of this law in various areas can prepare process and enforce regulations, and prepare and enforce bills and procedures.
(2) The commission of National Radio and TV of Afghanistan and the professional board of BNA for better implementation of the provisions of this law in relevant areas also can process the draft of regulations and ratify the bills and procedures.
(3)
Preference
56th article:
(1) If any provision of this law be in contrary to the provisions of other laws and legislative documents, the provision of this law is preferred in areas related to media and media establishments.
(2) If any provisions of this law be against international conventions which the government of Afghanistan is obliged for respecting them according to the constitution of the country, observing the provisions of the constitution and international conventions is preferred.
57th article: By enforcement of this law the media and media institute or organization included in 6th chapter of this law at maximum within 6 month will be established and by establishment of them, the work of relevant organizations and institutes working under the previous law is ended.
58th article:
This law is enforced from the date of releasing in official gazette and by enforcing it, the mass media law released in official gazette (986 ) dated Saratan 15 , 1388 Hejry shmsy is cancelled.  

 

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