Azerbaijan

[AZ] Broadcasting Statute Adopted

IRIS 2003-3:1/15

Andrei Richter

Comenius University (Bratislava)

The Statute "On Television and Radio Broadcasting" was adopted in Azerbaijan, thus making the country the 8th Republic of the former Soviet Union to have a separate broadcasting act.

The statute is based on principles of freedom of broadcasting in Azerbaijan; inadmissibility of censorship and/or interference by government bodies with the editorial activity of broadcasters; as well as protection of the professional independence of broadcasters.

Under the present Statute, no broadcaster may own more than two TV and three radio channels (or programmes). Broadcasting in Azerbaijan shall be carried out by state, municipal, private, and public broadcasters. The Statute describes the functions of the state body responsible for monitoring broadcasting, the licensing process (based on competition), the terms of a license (to be issued for a maximum term of 6 years), as well as limitations on advertising and sponsorship. It introduces a limit on fair use: broadcasters are allowed to show excerpts of copyright works up to a limit of 20 seconds per programme, or 5 minutes per film (movies) broadcast on TV without having to ask for the rightsholder's permission. The Statute also contains special norms on the protection of minors.