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As of February 9, 2022, Law No. 471-VIQ, of December 30, 2021, on mass media (the “Right“) Came into effect.
The law defines audiovisual media as media that provides television and radio broadcasts, including personalized broadcast services to a user in audio and (or) visual form by various methods and technical means.
In addition, an audiovisual media activity is subject to licensing and therefore, as of April 15, 2022, certain amendments have been made to Law No. 176-VQ of March 15, 2016,
On licenses and permitsand Law No. 223-IIQ of December 4, 2001, In state service.
In accordance with the above amendments, the following audiovisual media activities, as prescribed by law, may be licensed, subject to applicable state obligations:
|Audiovisual media activity||State Duty (AZN)|
|national terrestrial television broadcaster||5,000|
|national terrestrial broadcaster||2,500|
|regional terrestrial television broadcaster||1,500|
|regional terrestrial broadcaster||500|
|broadcaster that does not broadcast via satellite||1,500|
|subscription streaming service provider||500|
|simple platform operator||1,500|
|universal platform operator||2,500|
Licensing of national and regional terrestrial broadcasters and broadcasters, satellite broadcasters and multiplex operators is granted on a competitive basis by the Broadcasting Council of the Republic of Azerbaijan (the “AdviceThe competitive selection entry fee is two percent of the prescribed state fee for a relevant license and is non-refundable.
Licensing for other audiovisual activities is granted on the basis of individual applications.
An issued license may be suspended in the following cases:
- at the request of an applicant;
- if a licensee fails to comply with the instructions of the Council to eliminate violations of law and the decisions of the Council; and
- if an infrastructure operator appeals to the Council that a corresponding service fee has not been paid for six months (applicable in the case of a terrestrial broadcaster).
The law also provides for cases of revocation of a license and includes in particular the following cases:
- an applicant’s request;
- a court decision;
- bankruptcy of a licensee;
- when removing the activity from the list of activities requiring a license;
- if a program is not produced within six months of obtaining a licence;
- if an issue is not carried out for thirty consecutive days or sixty days in the year (except in the event of suspension by the Board); and
- whether a licensee is held administratively responsible for broadcasting at least five times a year.
The content of this article is intended to provide a general guide on the subject. Specialist advice should be sought regarding your particular situation.
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