MASS MEDIA OF UZBEKISTAN: INVENTORIZATION AND REGISTRATION By Alisher Taksanov - The Government of Uzbekistan by the decision from September

30, 2003 under No418 has ratified Regulations about the order of registration of mass media. To the Uzbek agency on a press and the information (former State Committee on Press) it is entrusted to lead up to the end of the current year inventorization of constituent documents of mass media, their reduction conformity with the current legislation, and also to re-register those of mass media in which constituent documents' essential changes are brought. The Cabinet of Ministers has established, that appendices to the printed editions having attributes and properties of mass media, are subject to separate registration in the order established by the law. According to the given Position, under the mass information are understood intended for a unlimited circle of persons printed, audio, audio-visual both other messages and materials. Newspapers, magazines, sheets, bulletins, appendices to them, news agencies, TV (cable, ether-cable) and broadcasting, documentaries, electronicinformation communication, and also the state, non-state and other mass periodicals having the constant name are considered as mass media. To tell the truth, the understanding that what is meant by "electronic-information communication" is not given. If it is the Internet, the question is obligatory registration of websites not only in Agency on information, but also in Agency on a press. Whether is it possible to count own e-mail, on which it is possible to dispatch the visual messages to unlimited number of people (see concept "the mass information") now mass-media? No answer to this is given, but any Uzbek official can, if logically to argue so, demand from owners of personal "boxes" registration in state organization. Probably, it will lead to that, that many citizens will start to open the mail on foreign portals which will fail to close the Uzbek authorities. This concerns also a hosting of sites outside of a zone of the domain ".uz". By the way, in the Law of the Republic of Uzbekistan on mass media "electronicinformation communication" is not mentioned as mass media, probably, this is "invention" of the government. Under the mass media of advertising character is understood as the edition, in which advertising exceeds 40% of a volume of separate issue, and for TV and radio programs - 10% of each announcement.

Position proves legality of legal and physical persons to be true to be engaged in release of mass media after the state registration and reception of the corresponding certificate. Thus raise admission fees with: - Periodicals - the 25-times size of the minimal wages (for October 30, 2003 it was equaled to 5440 UZS, $1 = 975,47 UZS); - mass media for children, teenagers, invalids and also educational and culturaleducational purpose - 5-times; - news agencies, broadcasting, TV, documentaries - 30-times; - mass media of advertising character - 50-times; - other forms of mass media - 45-times size of the minimal wages. Delivery of certificates makes 70% from the sizes of admission fees. The re-registration is made in connection with the change of the founder, the name, language of publication, the address, the purposes and the duties, the prospective reader (the spectator, the listener), periodicity, volume, sources of logistics and financing. The given position causes some bewilderment. If the newspaper was oriented to businessmen and entrepreneurs earlier, and has then decided to become accessible and for officials, housewives, students is it the reason for a re-registration? If it is published once a week in circulation of 3 thousand copies, and has then passed on two-weekly release with circulation of 5 thousand, is the reason for a re-registration probably too. There are a lot of questions in connection with logistics and financing. Now, if the newspaper has received the grant from the international funds to purchase an office equipment, and also has decided to receive incomes of advertising and PR, it is necessary to run in Agency on a press and to pay 50% from the sum of the gathering stipulated at registration. Thus "commercial benefit" of recording bodies as raised gathering in 50% act on their account, and other part - in the republican budget is visible. In Position it is underlined, that in registration, refusal is possible in some cases which sense does not cause doubt, except for two items. The first - if the site of the founder or one of founders or the publisher is located outside of Uzbekistan. Probably, the question is non-residents. It is necessary to tell, that this item is specified in the law on mass media, meanwhile, it contradicts the Constitution as all citizens before the law are equal, the state guarantees protection to the citizens who are taking place outside Uzbekistan. The second - in the authorized capital of legal persons, founding the mass media, a share of foreign investments makes more than 30%. It is not clear too: why such figure and than foreign investments are worse than domestic. In fact both founders and mass media must work within the framework of laws of Uzbekistan and

consequently discrimination of foreigners in this part is necessary to consider unreasonable. Then, to create a private television studio, serious financial investments which can pull at times the foreign companies are necessary. Meanwhile, in the law on guarantees of foreign investments there is no underlined similar discrimination. And the last if within six months from the date of reception of the certificate on registration, the founder or edition could not provide release of any number (program) their piece of paper turns into nothing. It is possible to not provide release of the newspaper or transfer (the printing house does not provide quality, the paper has risen in price, the electric power is not present on a television broadcasting station, there is a financial revision by tax inspection and so forth) because of the different reasons, but why it is in the way at once to declare loss of force of the given registration? Whether is it possible to count it for closing of mass media? And in fact closing (if not taking into account the desire of the founder) is possible, by the Decree of the president Islam Karimov from July 4, 2002, only under the decision of court (in the law the position is kept as under the decision of recording body). Or is this again the way to compel founders to go on a re-registration? Then "commercial" interest is obvious. Alisher Taksanov is an expert of the Committee for Freedom of Speech and Expression based in Tashkent. Posted on Wednesday, November 12