Mass Media Law
Preamble
Article 1
This Law has been enacted, considering the principles of the holy religion of Islam, pursuant to Article 34 of the Constitution and Article 19 of the Universal Declaration of Human Rights, to guarantee the safeguarding of freedom of thought and expression and to regulate activities of mass media in the country.
Objective
Article 2
The aims of this law are to:
1.Promote and uphold the right to freedom of thought and expression;
2.Safeguard the rights of journalists and ensure conducive conditions for the independent operation of the mass media;
3.Promote and develop free, independent and pluralistic mass media.
4.Provide a suitable environment for the expanding of the realities of views and ensure the fair portrayal of truth through speech, writing, artwork, images, recording, acting, movement, and other scientific, artistic, and literary expressions, as well as printing and broadcasting.
5.Observe the right to freedom of speech and mass media as enshrined in the Universal Declaration of Human Rights observing the provisions of the principals of the sacred religion of Islam.
6.Support the sound development of the mass media in a manner to become effective means for broadcasting of accurate news, information, education, promoting knowledge and culture within the country, and reflecting public opinions in adherence to journalistic standards, principles, and values (honesty, impartiality and balance).
Definitions
Article 3
The terms shall have the following meanings in this law:
1.Media: means the instrument of disseminating messages, news and information through the following tools:
Electronic Media: radio, television, cable network, and the Internet;
Print Media: newspaper, magazine (weekly, biweekly, monthly, quarterly, annual), gazette, poster and bulletin;
2.Mass media is divided into the following categories under this law:
- Public Media: is the media that belongs to the general public and financed through government funding, advertising, and services.
- Private Media: is the media that be longs to real individuals, political, economic, social and cultural organizations and are funded and equipped by them.
3.Journalist: is a professional individual who produces and presents content of materials for publishing or broadcasting through media.
4.Printing House (Printing press): is an economical and technical apparatus that provides printing services.
5.Printer: is a real or legal person who by ownership or representation is in charge of Printing house.
6.Publisher: is a real or legal person who is authorized to print and publish non-periodical works (i.e. material not bound by time).
7.Publishing: is the practice of disseminating messages and news through mass media.
8.Movie Production Institution: is an organization that produces documentaries, movies, pictures, and slides based on its charter and objectives.
9.Publishing Institution: is a legal entity established pursuant under a charter and is involved in Publication and dissemination of works of electronic and print media, periodical or no periodical aligned with its intended objectives.
10.Journalism Training Institute: is an institute that provides short-term or long-term professional trainings in journalism.
11.Translation Center: is a legal entity authorized to translate texts and materials from one language into another in accordance with its charter.
12.News Agency: is a legal entity that operates in the field of communications, collecting and dissemination of information.
13.Advertising Company: is a commercial incorporeal entity engaged in advertising and publicity within the boundaries defined by its charter.
14.Copyright: means the intellectual property right and privilege of published materials, which will be regulated in accordance with accepted norms by a separate Law.
15.Proprietor: is a real or legal person who sets up and establishes electronic or print medium, news agency, journalism training institutes, printing house, publishing institution, translation center, news agency, film production institution and advertising company.
16.Editor-in-Chief: is an individual who holds the responsibility of managing the publishing affairs related to Institutions as mentioned in paragraph (15) of this article
17.Radio: is a means and link for audio mass media.
18.Television: is a means for audio-visual mass media.
19.Cable Network: is audio and visual mass media instrument that broadcasts national and international informational, educational, cultural, and entertainment programs to its subscribers.
20.Advertisement: is supply of audio-visual services to real or legal persons in exchange for money or mutual services in the electronic and print mass media.
21.Donation: is provision of any types of assistance by real or legal persons for material or moral purpose (publicity of name, trademark, production and similar)
Chapter Two
Rights and Obligations
Freedom of Thought and Expression
Article 4
1.Every person has the right to freedom of thought and speech, which includes the right to seek, obtain and disseminate information and views within the boundaries of the law without any abuse or restriction by the government or officials. The right also includes free activity of means of publication, distribution, and receiving of information.
2.Government shall support, strengthen, and guarantee the freedom of mass media. No real or legal person including government and government offices may ban, prohibit, censor or limit the free operation of informational and news media or otherwise interfere in their affairs.
Seeking Information
Article 5
Every person has the right to request and receive information from the state. Government shall provide the information sought by the citizens, unless the information sought is confidential and its disclosure endangers the security, national interests and territorial integrity of the country, or damages the rights of other people.
Legal Protection
Article 6
1.Journalists shall enjoy legal protection while performing their professional activities, including publishing reports and expression of critical views.
2.Journalists shall have the right to avoid revealing their sources of information, except that a competent court orders the disclosure.
Right to Respond
Article 7
1.Every real or legal person who is attacked by mass media, and his/her personality, good standing or material interests are damaged, has the right to refute it in the same media.
2.The concerned media shall, to promptly and free of charge, publish the response in same or upcoming edition or broadcast.
3.The response provided shall have no criminal nature and refers exclusively to the allegation in the media, and it shall be in written and signed by the affected person or his/her lawyer and presented to the editor in chief.
4.Any complaints regarding non-publishing of response shall be referred to the relevant Commission.
5.The right to respond shall not apply to the reports from the sessions of National Assembly and open trials unless the reports from the sessions mentioned above are transposed by media.
Non-publication of Response
Article 8
Mass media may refrain from publishing a response in the following cases:
1.The response is outside the topic of discussion.
2.The response is received more than ninety days later by the media.
Creation of Union
Establishment of Union
Article 9
In order to defend their guild’s rights, journalists and other members of mass media may establish unions, associations or other independent guilds in accordance with the provisions of law.
Chapter Three
Establishment of Print Media
Article 10
1.Citizens of the country, political parties, social organizations, non-governmental organizations, foreign refugees and government organizations may establish printing media, in accordance with the provisions of this law.
2.Subject to compliance with diplomatic norms, foreign political agencies based in Afghanistan may publish newsletters.
3.International and inter-governmental agencies may conduct research, publish and distribute periodical and non-periodical within their area of activity subject to approval of the relevant ministries or institutions
4.Scientific reports and researches shall be conducted with prior information of the relevant ministries and institutions.
5- Foreign non-governmental organizations (NGOs) established in accordance with the provisions of law, may publish periodical and non-periodical within their specialized area of activity and subject to authorization by Ministry of Information and culture, and under the editorship of an Afghan citizen.
6.Print media mentioned in paragraph 2 of article 3 of this law may be established and published without prior registration. In case a publication is published without prior registration, the proprietor is obliged to get his/her publication registered within two weeks in accordance with the provisions of this law.
Address and other specifications
Article 11
A printed media shall include the journal’s name, specific address, printing center's name and location, name of the proprietor and editor and date of publication.
Chapter Four
Establishment of Electronic Mass Media
Article 12
Citizens of the country, political parties, social organizations, national non-governmental organizations, private companies, and government institutions can establish electronic mass media in accordance with the provisions of this law.
Public Electronic Media
National Radio Television Afghanistan
Article 13
National Radio Television Afghanistan is a mass media outlet that belongs to the Afghan nation. It operates as an independent directorate within the framework of the executive branch of Afghanistan and its budget is provided through by the government, announcements and delivering services.
The High Council of the Supreme Court, in accordance with Judicial Decree No. 6 dated 26/1/1388 (April 5, 2009) recognized the second paragraph of Article 13 of the mass media law in violation of the constitution of Afghanistan which says: “The Director of the National Radio Television is appointed by the president after confirmation by the Wolesi Jirga (House of people).”
Article 14
The Headquarter of National Radio Television Afghanistan (RTA) shall be in Kabul and its local stations shall be located in the provinces.
Duties and Responsibilities
Article 15
National Radio Television Afghanistan is obligated to adjust its programs in the light of the principles and provisions of the holly religion of Islam, national and spiritual values of the Afghan nation and in its programs shall consider dissemination of information, balance, neutrality, and promotion of religious education, science, culture, economy, and moral and psychological security (well-being).
Religious and National Programs
Article 16
National Radio Television, in compliance with full impartiality in the interest of promoting national unity and strengthening religious and national values of the country, must organize its programs in such a way to reflect the culture, language and religious beliefs and branches of all the ethnic groups residing in the country.
Article 17
In the event of an emergency, the National Radio Television shall operate under full supervision of the President.
Article 18
The National Radio Television is obligated to keep all its recorded programs in the archive of the National Radio Television.
Non-governmental Electronic Media
Article 19
Private radio and televisions shall carry out their activities in light of the Mass Media Law of the Islamic Republic of Afghanistan.
Article 20
Private radio and televisions are obliged to observe the principles and provisions of the holly religion of Islam, and national, spiritual and moral and values and the psychological security of the Afghan nation in their programs.
Article 21
Private radio and televisions shall have freedom in production and compiling of their programs, in compliance with the provisions of this law.
Observing balance
Article 22
Private radio and televisions shall maintain balance relating to the adversary positions taken by political groups and personalities, and broadcast their views impartially.
Article 23
Private radio and televisions shall keep their recorded programs in the respective archives for at least three year.
Article 24
If a real or legal person claims in writing that his rights have been affected by a mass medium’s program, he may take a copy of the from the archive of that media at his own expenses and use it.
Article 25
1)Electronic mass Medias shall include issues of religious, moral, human rights, health, environment, importance of education, harms of cultivation, production and consumption of drugs and narcotics in their educational programs.
2)Electronic Mass Media are obliged to broadcast the five times call to prayers and observe the sacredness of holy days and the month of Ramadan in preparing their transmission schedule.
Chapter Five
Financial Sources of Mass Media
Article 26
In accordance with the provision of this law, mass media can finance themselves from the following ways:
1.Advertisement, messages, political, religious and social programs, real or legal persons, foreign and domestic manufacturing companies, political and cultural institutions and political parties.
2.Contributions from legal or real persons and national and international donor organizations, who work for development of mass media.
3.Mass media are obligated to submit their annual financial report to the High Media Council and the Ministry of Finance.
4.Resources and amount of incomes should be clear and transparent.
5.Providing professional and specialized services for real or legal persons in exchange of money.
Chapter Six
Establishing of printing houses and cultural
Institutions
Article 27
Citizens of the country, political parties, social organizations, national and international nongovernmental organizations, national and international private and personal companies, and government institutions have the right to establish printing houses, film production centers, publishing entity, journalism training institute, translation centre, news agency and companies for publicity and advertisements, in accordance with the provisions of this law.
Article 28
If citizens of the country, political parties, social organizations, national and international non-governmental organizations, national and international private and personal companies, and government institutions wanting to establish the organizations set forth in Article 28 of this Law shall obtain license from the Ministry of Information and Culture.
Chapter Seven
Proprietor, Qualifications and Obligations
Proprietor
Article 29
The mass media and organizations set forth in article (27) of this law shall have proprietors
Qualifications of Proprietor
Article 30
The proprietors of mass media and organizations set forth in article (27) of this law shall meet the following qualifications:
a-Real persons shall:
1.Hold a national identity card
2.Having completed age 18
3.Not been deprived of civil rights by ruling of competent court.
b. Legal persons shall:
1.Be registered with the relevant government institutions
2.Have their Afghan identity verified by the relevant institutions. Persons and institutions mentioned in the paragraph 2 and 3 of article 10 are exempted from this provision.
3.Not been deprived of civil rights by ruling of competent court.
Foreign persons and agencies shall have the national identity of their relevant countries
Article of Association
Article 31
Proprietors of mass media and organizations set forth in article (27) of this law are obligated to organize the required information on the activities of their media or institution in their respective articles of association, including the objectives, structure, authorities, duties, amount of capital and financial sources.
Registration of Private Media and Cultural Organizations
Article 32
The proprietors of mass media and organizations set forth in article (27) of this law shall register their media and organizations in accordance with the provisions of this law.
Provision of information for Media
Registration and Cultural Organizations
Article 33
The proprietors of mass media and organizations set forth in article (27) of this law shall submit a statement containing the following information for registration purpose to Ministry of Information and Culture:
1- Full names of proprietor.
2- Type of activity.
3- Name of Media
4- Location of activity.
5- Objectives and aim of activity
6- Funding source and amount of capital
7- For printed specifying the print out, language, type of contents, period of printing, and print layout.
8- For electronic media and organizations set forth in article 27 of this law specifying the quantity and quality of the machineries and equipments
Address and Logo
Article 34
The mass media and organizations set forth in article (27) of this law shall have specific address, stamp and logo.
Referral to court
Article 35
In case a proprietor finds the decision of the ministry of information and culture regarding non- registration or issuance of license contrary to the provisions of law, he may refer to the relevant commission. If not satisfied, the proprietor may appeal to the court.
Article 36
1.Transfer of ownership and rights (sale, gift and inheritance) of the mass media and organizations set forth in article (27) of this law is permissible.
2.The ownership and rights may be transferred to a person who meets the criteria established by this Law.
3.In case of sale or gift of assets or right of the mass media and above-mentioned organizations to another person, the procedure established by this law shall be reapplied.
4.In case a proprietor dies or ceases to have the required legal qualifications, the material and ownership privilege shall be determined in accordance with the provisions of the Civil Code and this law, and shall be transferred to the person agreed upon by the heirs and meeting the conditions established by this Law.
Chapter Eight
Qualification and Obligation of Editor-in-Chief
Have an Editor-in-Chief
Article 37
Mass media and the institutions mentioned in article (27) of this law shall have editor-in-chief.
Article 38
Person who is appointed, as editor-in-chief shall meet the following requirements:
1.Have a national identification card
2.Have completed age 21
3.Holds a professional degree or three years of professional experience
4.Not been deprived of civil rights by ruling of competent court
Mass media and the institutions mentioned in article (27) of this law shall have editor-in-chief.
Responsibility for Published Material
Article 39
Editor-in-chief of mass media or agencies mentioned in article 27 of this law shall be responsible for published articles, contents of the programs, production of artistic, educational and advertising programs.
Article 40
Considering the Rights of Complainer and accused person:
Editor is responsible to take in to account such equal rights of both critic and the criticized in the relevant print and electronic media.
Chapter Nine
High Media Council
Article 41
(1)For purpose of developing media policy, a High Media Council comprising of Information and Culture Minister, Technical Deputy of the Communication Minister, one representative from the Supreme Court, one representative from the Ministry of justice, Two representatives form the MJ, two representatives from WJ, one religious scholar form the Ullama Shura, two experienced professionals in the field of Journalism and two representatives of the civil society, proposed by them, shall be established for a period of (3) years.
(2)One person shall be chosen through free election from amongst the members of the
HMC as chairperson.
(3 The mechanism for the election of four people, 2 journalists and 2 civil society reps, as members of the HMC and the functions of the council shall be regulated by separate set procedural regulations.
(4)High Media Council shall have the following duties and authorities: 1. Planning and approving of long-term media policy;
2.Propose the appointment of chair and members of the Mass Media Commission, chair and members of the commission of the National Radio TV, from amongst the professional, independent, and reputable personalities to the President.
Proposing the budget of RTA to president and proposing the annual report to National Assembly.
Mass Media Commission
Article 42
(1)For the purpose of appropriate regulation of activities of the mass media, a Mass Media Commission shall be established comprising of (7) Members selected from amongst professional people, with higher education and experienced in the field of journalism, and impartial taking into account the ethnic and gender balance.
(2)Four members of the commission shall be elected for a period of 3 years and the three others for a period of two years.
(3)Members of the commission shall not be elected for more than two rounds.
(4) Members of the commission shall be paid, which is proposed by the Ministry of Information and Culture and approved by the President.
(5) The salary of the commission members shall be paid in accordance with the law from the budget of the Ministry of Culture and Information.
(6) Method of work and activities of the commission shall be regulated by separate bylaw.
Duties of Mass Media Commission
Article 43
The Commission under Article (42) of this law shall have the following duties and authorities:
1.Review application for print media and agencies set forth in article 27 of this law, and proposing their registration and issuance of license to Ministry of Information and Culture.
2.Review application for electronic media and propose to the Ministry of Information and Culture for approval after assigning of frequency in agreement with Ministry of Communications.
3.Monitor the activities of the mass media.
4.Monitoring the observance of the rights and privileges of journalists and other media workers according to the relevant legal documents
5.Monitoring the transparency of media financial resources according to the relevant procedure
6.Submitting a quarterly report of the Commission's activities to the High Media Council
7.Monitoring of finance, administrative and broadcasting of RTA.
8.Reviewing RTA’s budget and submitting it to the High Media Council
Article 44
(1) In order to address media complaints and violations and make decisions in this regard, the Media Violations Investigation Commission shall be established. The composition of the commission is as follows:
- Minister of Information and Culture will serve as the head of the commission.
- A competent representative of the Independent Human Rights Commission, approved by the High Media Council, as a member.
- Two elected and competent representatives from civil society, with consideration given to gender balance approved by the High Media Council as members.
- Two elected and competent representatives from journalists' unions, with consideration given to gender balance, approved by the High Media Council as members.
- An experienced lawyer, approved by the High Media Council, as a member.
- A qualified representative of the Afghanistan Cinematographers Union, approved by the High Media Council, as a member.
- The Dean of the Faculty of Journalism at Kabul University as a member.
- A religious scholar from the Council of Scholars, as a member.
(2) The commission, as mentioned in paragraph (1) of this article, shall investigate complaints and violations and recommend appropriate actions to the relevant authorities, such as warnings, recommendations, or legal prosecution based on the circumstances.
(3) The members listed in paragraph (1) shall be paid, which is proposed by the Ministry of Information and Culture and approved by the President.
(4) The salary of the commission members mentioned in paragraph (3) of this article shall be paid from the budget of the Ministry of Information and Culture
(5) Mechanism and activities of the commission shall be governed by separate procedures.
Afghanistan National Radio Television Commission
Article 45
(1)For better regulating of activities of the National Radio Television, a National Radio. Television Commission shall be established. The commission comprised of seven members shall be formed for a period of 3 years.
(2)The commission set forth in paragraph 1 of this Article shall include one religious personality, one lawyer, one professional engineer, a journalist, one professional artist and one representative of the civil society and one person from RTA directorate, taking into account the ethnic and gender balance.
(3)The Commission set forth in paragraph (2) of this Article shall have the following duties and authorities:
1.Protect the independence, impartiality, and professional reputation of RTA.
2.Supervise the implementation the budget of the RTA
3.Submit annual activities report of the RTA to the High Media Council.
4.Attract internal and external assistance for the strengthening of the RTA.
5.Supervise the implementation of the rules of the RTA’s bylaw and other relevant laws.
6.Supervise the implementation of the broadcasting policy set forth by the HMC in a manner to reflect the ethnic, language and cultural diversities of all people of Afghanistan.
(4)Members of the RTA Commission shall be entitled to appropriate salary which will be paid from the budget of the RTA directorate.
Chapter Ten
Works and Materials Prohibited to be Produced, Printed and Published/Broadcast
Article 46
Production, reproduction, print and publishing of the following reports and material in mass media, and agencies mentioned in article (27) of this law are not permissible:
1.Works and materials those are contrary to the principles and provisions of the holy religion of Islam.
2.Works and materials which are offensive to other religions and sects.
3.Works and materials which are defamatory, insulting and offensive to the real or legal persons.
4.Works and materials which are considered libelous/defamatory to real and legal persons, and cause damage to their personality and credibility.
5.Works and materials which are contrary to the Constitution and are considered crime by the Penal Code.
6.Publicizing and dissemination (promoting) of religions other than the holy religion of Islam.
7.Disclosure identity and broadcasting of pictures of the victims of violence and rape in a way to damage their social dignity.
8.Works and material that harm psychological security and moral wellbeing of people, especially children and adolescent.
Article 47
The Bakhtar News Agency
The Bakhtar Agency is the mass medium which works in the field of relations, collection and dissemination of information in the frame work of the Ministry of Culture and Information and its budget shall be provided through the said ministry.
Revocation of License
Article 48
(1) The license of real or legal person who register a media or institution with Ministry of Information and Culture, shall be revoked if the print media does not start its activity within one year from registration date, and the electronic media and institutions set forth in article (27) of this law does not start its activity within two years from registration date.
(2)A proprietor of media or institution, who stops its activity after a period of operation, shall resume the activity of print media within one year and the electronic media and institutions set forth in article 28 of this within two years otherwise their license shall be revoked. In case of resuming activities, the person shall obliged to go through the procedures set forth in the articles (31) and (34) of this Law.
(3)In case of violation of the provisions set forth in this law by the proprietor the relevant Court can order the revocation of the license.
Chapter Eleven
Miscellaneous Provisions
Right of Film Production of Foreign Citizens
Article 49
Foreign citizens may produce documentaries and feature films in Afghanistan provided they have obtained an introductory letter from the Ministry of Foreign Affairs and a prior permission from Ministry of Information and Culture.
Reporting amendments to Article of association
Article 50
(1) Managers and directors of mass media and institutions mentioned in Article (27) of this Law are obliged to notify the Ministry of Information and Culture of any changes in their activity or cessation of activity, address and charter and other requirements set forth in this law.
(2) Managers and director of mass media and institutions mentioned in Article (27) of this Law shall notify, for statistical information purposes, Ministry of Information and Culture of the continuation or cessation of activities at the beginning of each year.
Obligation of Foreign Media and News Agencies
Article 51
(1) Representatives of foreign media and news agencies intending to operate inside Afghanistan shall obtain introductory letter from Ministry of Foreign Affairs of Islamic Republic of Afghanistan and inform, in writing, the Ministry of Information and Culture of their country of origin, and the type, duration and place of activities, and obtain special press card.
(2) Representatives of foreign media and news agencies set forth in paragraph (1) of this Article shall abide by the provision of Article (45) of this law.
Registration of Books and Manuals and Publisher
Article 52
Book or manuals shall be registered by the publisher with Ministry of Information and Culture after publication and the proprietor shall provide two copies each of the book, booklet or publication to the Ministry of Information and Culture and the Public Library.
Article 53
Laws regarding the copyright, establishment of unions, punitive rules for media violations, advertisements, and seeking [access to] information shall be developed separately.
Payment of Tax
Article 54
Tax shall be levied on the profits of mass media and other institutions mentioned in Article (27) of this Law, in accordance with the provisions of Law.
Periodical and non-periodical print publications are exempted from this provision.
Entry into Force
Article 55
This law shall enter into force after publishing in the Official Gazette, following which the Mass Media Law published in the Official Gazette No. 871 on 15 Jadi 1384 (January 5, 2006) shall be nullified.
Note: The Afghanistan Mass Media Law, which was initially approved on 10/06/1387 solar year (August 31, 2008) by the Wolesi Jirga/House of People, underwent revisions and amendments on January 28, 2015. The revised details were officially published in both national languages (Farsi/Dari and Pashto) in the official gazette on March 11, 2015. Subsequently, the law was rewritten by the Afghanistan Journalists Center, incorporating the published amendments. The translation of the law was carried out by AFJC.