As it was informed, at a regular 17th session of the Parliament of Turkmenistan of the 4th convocation, it was passed a Law “On mass media”. Adoption of Law became an evidence of intensification of democratic development vector of Turkmenistan. Law of Turkmenistan “On press and other media in the Turkmen SSR”, which was in force up to date, was adopted in 1991, and, of course, it could not take into account all reformations realized within the years of independence as well as worldwide trends, which exist in management, structure and content of modern mass media.
The chairman of the Committee of Turkmenistan’s Parliament for Science, Education and Culture Vladimir Gubanov notes that the adoption of this law does not mean the abatement of work on further formation of legislative base for mass media. This year, the Parliament will continue the work on bill related to the regulation of Internet services in Turkmenistan, where it will be also placed the provisions in the field of Internet-media, reflecting the specifics of their functioning.
Among objective factors that have had a stimulating effect on adoption of the law “On mass media” is the accession of Turkmenistan to universally recognized international documents on rights and freedoms of human and citizen. Uppermost, it is the Universal Declaration of Human Rights and International Pact on Civil and Political Rights, which are of crucial significance in formation of legislation on mass media in any country.
The necessity of adoption of new law also proceeded from challenges currently set before mass media. Among them, it is worth mentioning the coverage of the country's achievements, improvement and upgrade of mass media, their compliance with global tendencies in this sphere, organization of independent (private) media, implementation of international norms and all the best in this area.
International organizations have rendered consulting assistance for national parliamentarians in amendment drafting of the law in methodic-legal field and in study of international experience in the field of mass media. It is the project of the European Union on cooperation in the field of media improvement in Turkmenistan, which was realized with assistance of BBC Worldwide, and project “Assistance to the improvement process of the legislation on mass media of Turkmenistan”, which involved the OSCE Representative office for freedom of mass media, its Bureau, OSCE Centre in Ashgabat.
Basis of the law consists of values, ideas and principles secured in the Constitution of Turkmenistan, which will serve for formation and functioning of mass media in Turkmenistan. Among them, it is worth mentioning the principles of state policy in point of mass media, in the field of media freedom, inadmissibility of censorship and interference in activity of mass media, inadmissibility of abuse of freedom of mass media, which are based on provisions of relevant international documents.
The law relies on standard set of legal provisions, which are available in analogous laws of other countries. It concerns the founders, editorial boards, publishers and media distribution, rights and responsibilities of journalists, relations of mass media with citizens, public associations, state authorities, responsibility for violation of the legislation on mass media, as well as international cooperation in the field of mass media. In the law, it is also considered in detail some questions, which have not yet found its solution in the legislation of Turkmenistan. For example, advertising in mass media.
Matter on establishment of mass media is of particular significance. In accordance with the law, the right for establishment of mass media belongs to public authorities and organs of government; local executive authorities and local self-government; political parties and other public associations, functioning within the framework of the Constitution and laws of Turkmenistan; other legal entities; citizens of Turkmenistan under the age of eighteen or their associations.
For confirmation of the right of public distribution of mass media, identification of the person responsible for the content of mass media, the mass media should be registered. Registration of mass media is not permissive function, but obligatoriness of registration of legal entities operating in Turkmenistan.
According to the law, every mass media is represented by editorial board. Moreover, the legislator proceeded from the fact that the functioning of mass media is expensive process in financial, material and staffing regard.
Here, it is worth mentioning the provisions of the law on state support for mass media. At the very beginning of its formation, the state, with a view of maintenance and further development of the national mass media, rendered them significant support, especially in financial and material terms. For efficient operation of mass media, it is created and developed all necessary conditions: modern buildings, maintenance base of editorial boards, printing base, training of journalists in the higher educational institutions and others.
With a view of wide promotion and popularization in the world of the development of tourism and sports in the country, in the last year, according to the Decree of the President of Turkmenistan, it was created new magazines “Physical training and sports”, “Tourism”, which are published in Turkmen, Russian and English. It is also worth mentioning the first successful experience in creation of private mass media - the Union of Industrialists and Entrepreneurs of Turkmenistan publishes the newspaper “Rysgal”. The state renders relevant software and hardware support to online publication - electronic newspaper “Turkmenistan: the Golden Age” in three languages.
With a view of media regulation, the law provides the presence of authorized state authorities in the sphere of mass media (on print, television, radio and cinematography, on regulation in the field of development and use of Internet) as well as an opportunity for journalists to exercise self-regulation system in the sphere of mass media to raise professional level of journalists, ensure accuracy and impartiality in provision of public information.
The chairman of the Committee of Turkmenistan’s Parliament for Science, Education and Culture Vladimir Gubanov notes that the adoption of this law does not mean the abatement of work on further formation of legislative base for mass media. This year, the Parliament will continue the work on bill related to the regulation of Internet services in Turkmenistan, where it will be also placed the provisions in the field of Internet-media, reflecting the specifics of their functioning.
Among objective factors that have had a stimulating effect on adoption of the law “On mass media” is the accession of Turkmenistan to universally recognized international documents on rights and freedoms of human and citizen. Uppermost, it is the Universal Declaration of Human Rights and International Pact on Civil and Political Rights, which are of crucial significance in formation of legislation on mass media in any country.
The necessity of adoption of new law also proceeded from challenges currently set before mass media. Among them, it is worth mentioning the coverage of the country's achievements, improvement and upgrade of mass media, their compliance with global tendencies in this sphere, organization of independent (private) media, implementation of international norms and all the best in this area.
International organizations have rendered consulting assistance for national parliamentarians in amendment drafting of the law in methodic-legal field and in study of international experience in the field of mass media. It is the project of the European Union on cooperation in the field of media improvement in Turkmenistan, which was realized with assistance of BBC Worldwide, and project “Assistance to the improvement process of the legislation on mass media of Turkmenistan”, which involved the OSCE Representative office for freedom of mass media, its Bureau, OSCE Centre in Ashgabat.
Basis of the law consists of values, ideas and principles secured in the Constitution of Turkmenistan, which will serve for formation and functioning of mass media in Turkmenistan. Among them, it is worth mentioning the principles of state policy in point of mass media, in the field of media freedom, inadmissibility of censorship and interference in activity of mass media, inadmissibility of abuse of freedom of mass media, which are based on provisions of relevant international documents.
The law relies on standard set of legal provisions, which are available in analogous laws of other countries. It concerns the founders, editorial boards, publishers and media distribution, rights and responsibilities of journalists, relations of mass media with citizens, public associations, state authorities, responsibility for violation of the legislation on mass media, as well as international cooperation in the field of mass media. In the law, it is also considered in detail some questions, which have not yet found its solution in the legislation of Turkmenistan. For example, advertising in mass media.
Matter on establishment of mass media is of particular significance. In accordance with the law, the right for establishment of mass media belongs to public authorities and organs of government; local executive authorities and local self-government; political parties and other public associations, functioning within the framework of the Constitution and laws of Turkmenistan; other legal entities; citizens of Turkmenistan under the age of eighteen or their associations.
For confirmation of the right of public distribution of mass media, identification of the person responsible for the content of mass media, the mass media should be registered. Registration of mass media is not permissive function, but obligatoriness of registration of legal entities operating in Turkmenistan.
According to the law, every mass media is represented by editorial board. Moreover, the legislator proceeded from the fact that the functioning of mass media is expensive process in financial, material and staffing regard.
Here, it is worth mentioning the provisions of the law on state support for mass media. At the very beginning of its formation, the state, with a view of maintenance and further development of the national mass media, rendered them significant support, especially in financial and material terms. For efficient operation of mass media, it is created and developed all necessary conditions: modern buildings, maintenance base of editorial boards, printing base, training of journalists in the higher educational institutions and others.
With a view of wide promotion and popularization in the world of the development of tourism and sports in the country, in the last year, according to the Decree of the President of Turkmenistan, it was created new magazines “Physical training and sports”, “Tourism”, which are published in Turkmen, Russian and English. It is also worth mentioning the first successful experience in creation of private mass media - the Union of Industrialists and Entrepreneurs of Turkmenistan publishes the newspaper “Rysgal”. The state renders relevant software and hardware support to online publication - electronic newspaper “Turkmenistan: the Golden Age” in three languages.
With a view of media regulation, the law provides the presence of authorized state authorities in the sphere of mass media (on print, television, radio and cinematography, on regulation in the field of development and use of Internet) as well as an opportunity for journalists to exercise self-regulation system in the sphere of mass media to raise professional level of journalists, ensure accuracy and impartiality in provision of public information.