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Decree of the President of the Republic of Azerbaijan on the Approval of the “Rules for Maintaining the Media Register”

Decree of the President of the Republic of Azerbaijan

Guided by Paragraph 32 of Article 109 of the Constitution of the Republic of Azerbaijan, and in connection with the implementation of the Law of the Republic of Azerbaijan No. 471-VIQ dated December 30, 2021, “On Media,” and the execution of the Presidential Decree No. 1589 dated February 8, 2022, “On the Implementation of the Law of the Republic of Azerbaijan ‘On Media’ and Regulation of Related Issues,” I hereby decree:

The “Rules for Maintaining the Media Register” shall be approved (attached).

The Cabinet of Ministers of the Republic of Azerbaijan shall resolve the matters arising from this Decree.

The State Agency for Public Service and Social Innovations under the President of the Republic of Azerbaijan shall ensure the integration of the Media Register with relevant state information resources and systems through the Electronic Government Information System, in accordance with the Presidential Decree No. 263 dated September 12, 2018, “On the Approval of the Rules for the Formation, Maintenance, Integration, and Archiving of State Information Resources and Systems,” and related measures concerning e-government.

The Media Development Agency of the Republic of Azerbaijan shall:

4.1. Together with the Special Communication and Information Security State Service of the Republic of Azerbaijan, take necessary measures to ensure the security of the Media Register;

4.2. Address other matters arising from this Decree.

 

Ilham Aliyev
President of the Republic of Azerbaijan
Baku, September 26, 2022

Rules for Maintaining the Media Register

Approved by the Decree of the President of the Republic of Azerbaijan
dated September 26, 2022

1. General Provisions

1.1. These Rules have been prepared in accordance with Article 73.6 of the Law of the Republic of Azerbaijan “On Media” (hereinafter – the Law) and regulate legal and organizational matters related to the maintenance of the Media Register (hereinafter – the Register).

1.2. The Register is the property of the Republic of Azerbaijan and is maintained at the expense of the state budget of the Republic of Azerbaijan.

1.3. The formation, maintenance, integration with information systems and resources of other state bodies, and archiving of the Register, as well as matters not regulated by these Rules, are governed by the “Rules for the Formation, Maintenance, Integration, and Archiving of State Information Resources and Systems” approved by Presidential Decree No. 263 dated September 12, 2018.

1.4. The collection and processing of personal data in the Register shall be carried out in accordance with the Law of the Republic of Azerbaijan “On Personal Data.”

2. Key Definitions

2.1. The following terms used in these Rules shall have the following meanings:

2.1.1. Register – an information resource managed by the Media Development Agency of the Republic of Azerbaijan (hereinafter – the Agency), consisting of electronic documents or collections of documents (documented information) containing data on media entities, including their editorial offices, as well as journalists;

2.1.2. User – state bodies (institutions), local self-government bodies, media entities, and other legal and natural persons who, in accordance with normative legal acts, are granted the right to access or use information from the Register;

2.1.3. Participant – state bodies (institutions) involved in the information processes of the Register;

2.1.4. Owner – the Agency, which, in accordance with normative legal acts, exercises ownership and usage rights over the Register and ensures its maintenance;

2.1.5. Media Register Certificate (hereinafter – Certificate) – a document confirming the inclusion of data on media entities, including their editorial offices, in the Register;

2.1.6. Journalist ID (hereinafter – ID) – a document confirming the inclusion of data on journalists in the Register;

2.1.7. Electronic cabinet – a personalized electronic page that allows the user, identified through the Unified Access System (“ASAN Login”), to access and use the Register (including reviewing personal data, obtaining them, being notified of any changes, submitting electronic applications, using services, making payments, etc.) and facilitates interaction with the operator.

2.2. Other terms used for the purposes of these Rules shall have the meanings defined in the Law.

2.3. The owner of the Register also performs the functions of its operator.

3. Principles of Operation of the Register

3.1. The Register shall be formed on the basis of the principles outlined in Paragraph 2.1 of the "Rules for the Formation, Maintenance, Integration, and Archiving of State Information Resources and Systems," approved by Presidential Decree No. 263 dated September 12, 2018, and based on the following principles:

3.1.1. User convenience – Ensuring the use of the Register and exchange of information without additional operations;

3.1.2. Continuity – Uninterrupted operation of the Register regardless of organizational, administrative, technical, or other changes;

3.1.3. Efficiency – Fast implementation of data creation, collection, processing, storage, and search within the Register;

3.1.4. Transparency – Ensuring openness and accountability in the Register's operation, including the ability to track procedures and outcomes.

4. Structure of the Register

4.1. The structure of the Register consists of the following modules:

4.1.1. "Electronic Cabinet" module;

4.1.2. "Applications" module;

4.1.3. "Operations" module;

4.1.4. "Users" module;

4.1.5. "Notification" module;

4.1.6. "Reports" module;

4.1.7. "Integration with Other Systems" module;

4.1.8. "Administration" module;

4.1.9. "Payment" module.

4.2. These modules ensure the following functionalities:

4.2.1. Entering required data, modifying registry information, providing payment details, and other functionalities via the "Electronic Cabinet" module;

4.2.2. Receiving and routing applications via the "Applications" module;

4.2.3. Entering data, verifying and confirming it, and generating documentation through the "Operations" module;

4.2.4. Managing user accounts and access levels via the "Users" module;

4.2.5. Sending and registering electronic notifications through the "Notification" module;

4.2.6. Generating reports with various parameters through the "Reports" module;

4.2.7. Integrating with other systems through the Electronic Government Information System (EGIS) via the "Integration" module;

4.2.8. Assigning roles to staff according to the operator's functions through the "Administration" module;

4.2.9. Executing payments electronically via the "Payment" module integrated with the "ASAN Payment" system.

5. Technical and Functional Infrastructure of the Register

5.1. The infrastructure consists of the following core components:

5.1.1. Software and hardware tools;

5.1.2. Control panel;

5.1.3. Backup center;

5.1.4. Archive center;

5.1.5. Testing environment.

5.2. Software and hardware tools ensure reliable, stable, and secure operation and information exchange.

5.3. The control panel manages and administers the database.

5.4. The backup center maintains resilience and stores backups of data.

5.5. The archive center stores archived data and enables recovery when needed.

5.6. Modifications to the Register are tested in the testing environment.

5.7. Identification is carried out via the Unified Access System ("ASAN Login").

6. Procedures for Maintaining the Register

6.1. Information for the Register is provided by applicants (including journalists) and the Audiovisual Council of the Republic of Azerbaijan, or through integration with EGIS.

6.2. The operator checks for deficiencies within 5 working days of receiving the data and includes it in the Register if none are found.

6.3. If non-critical deficiencies are found, the applicant is notified electronically and given 5 working days to correct them.

6.4. If deficiencies are not corrected in time, the application is left unprocessed. This does not prevent future applications.

6.5. Reasons for refusal to register an entity include:

  • Non-compliance with Articles 26.1–26.5, 26.8 (considering Article 69.2);
  • Lack of operational continuity (except new entities);
  • Non-compliance with Articles 13.1 and 13.2;
  • Unregistered legal entity status;
  • Individual not registered as a sole taxpayer;
  • Logo conflicts with existing entities.

6.6. Reasons for refusal to register a journalist include:

  • No higher education;
  • Lack of legal capacity;
  • Previous conviction for serious crimes or crimes against public morality;
  • Unserved or uncleared sentence;
  • No employment or civil contract with a media entity;
  • Working with an unregistered or inactive entity;
  • Less than 3 years of journalistic or academic experience;
  • Violations of ethical standards;
  • No tax registration.

6.7. Refusals must be reasoned and issued electronically within 5 working days. This does not prevent reapplication.

6.8. Any changes to registered data must be submitted within 14 working days with supporting documents.

6.9. Entities and journalists receive an electronic certificate or ID.

6.10. Certificates are indefinite; IDs are valid for 3 years.

6.11. Both receive a unique registration number.

6.12. IDs are issued within 3 working days upon request.

6.13. New IDs are issued if the original is damaged, incorrect, or lost.

6.14. Journalists must return expired IDs within 3 working days to renew them.

6.15. Terminated journalists must return IDs to their employer on the last working day; the employer must destroy and submit them to the Agency within 3 days.

6.16. Freelancers must submit their IDs for destruction within 3 working days of deregistration.

6.17. Media entities are removed from the Register if:

  • They apply for removal;
  • The legal entity is dissolved;
  • Activity is terminated by court;
  • The individual dies or is declared deceased or missing;
  • They violate specific articles of the Law;
  • They fail to update required data in 14 days;
  • Their license is revoked.

6.18. Audiovisual media entities may be removed based on Article 58.3 of the Law.

6.19. Journalists are removed from the Register if:

  • They apply for removal;
  • They fail to meet Article 74.2 requirements;
  • Convicted of serious crimes;
  • Deceased or declared deceased/missing;
  • Violate content standards (Article 14) three times in a year;
  • Their media entity is removed;
  • Their tax registration is cancelled.
  • 6.20. Removal decisions are justified and published on the Agency’s website.

7. Data Entered into and Transferred to the Register

7.1. The following data is entered into the Register and transmitted via the Electronic Government Information System (EGIS):

7.1.1. For audiovisual media entities and/or their editorial offices:

  • For individual media entities: surname, name, patronymic, ID document number and date of issue, citizenship and country of permanent residence, information about criminal record, Taxpayer Identification Number (TIN), logo (emblem), legal and actual address, and contact information;
  • For legal entity media entities and/or their editorial offices: name, logo (emblem), TIN, legal and actual address, and contact information;
  • Information on the founder(s) (participant[s]) of the legal entity media entity, as well as on individuals or legal entities with direct or indirect participation in the founding legal entity:
  • For individuals: surname, name, patronymic, ID document number and date of issue, citizenship and country of permanent residence, criminal record information, legal and actual address, and contact information;
  • For legal entities: name, TIN, legal and actual address, and contact information;
  • Head of the governing body: surname, name, patronymic, ID document number and date of issue, place of residence, higher education background, criminal record status, and contact information;
  • Responsible editor: surname, name, patronymic, ID document number and date of issue, place of residence, and contact information;
  • List of journalists employed by the media entity: surname, name, patronymic, ID document number and date of issue, place of residence, and contact information;
  • Regional category;
  • Genre, broadcasting method, and type;
  • Type, number, and date of license.

7.1.2. For print media entities and/or their editorial offices:

  • Information listed in subparagraphs 1–7 of point 7.1.1 above;
  • Frequency of publication and one-time circulation, content of the publication (if the publication has religious content, an opinion from the State Committee for Work with Religious Organizations of the Republic of Azerbaijan is required).

7.1.3. For online media entities and/or their editorial offices:

  • Information listed in subparagraphs 1–6 of point 7.1.1 above;
  • Domain name owner’s data:
  • If an individual: surname, name, patronymic, ID document number and date of issue, legal and actual address, and contact information;
  • If a legal entity: name, TIN, legal and actual address, and contact information;
  • If the online media entity has religious content, an opinion from the State Committee for Work with Religious Organizations is required.
  • 7.1.4. For information agencies and/or their editorial offices:
  • Information listed in subparagraphs 1–6 of point 7.1.1 above;
  • Information on agreements concluded with other media entities regarding information sharing (receiving/providing);
  • Depending on the method of publishing mass information:
  • For audiovisual editorial offices: data mentioned in subparagraphs 7–9 of point 7.1.1;
  • For print editorial offices: data in 7.1.1(7) and 7.1.2(2);
  • For online editorial offices: data in 7.1.3(2)–(3).

7.1.5. For journalists:

  • Surname, name, patronymic, place of residence, ID document number and date of issue, contact information;
  • Information on issued journalist ID cards (including previously issued ones, if any): number, date of issue, and expiration date;
  • Details of employment or civil law contracts, and general employment activity;
  • TIN of journalists working independently under copyright agreements;
  • Information on higher education;
  • Information regarding criminal record status.
  • Aşağıda 8 və 9-cu bölmələrin, eləcə də 10-cu bölmənin peşəkar hüquqi üslubda İngilis dilinə tərcüməsini təqdim edirəm:

8. Integration of Information Systems with the Register and Organization of Data Exchange

8.1. Data exchange between the Register and other state information systems and resources is carried out in real time via the Electronic Government Information System (EGIS).

8.2. To ensure that data entered into the Register is obtained from primary sources, the following state bodies’ information systems and resources are integrated with the Register:

8.2.1. Ministry of Internal Affairs of the Republic of Azerbaijan;

8.2.2. Ministry of Science and Education of the Republic of Azerbaijan;

8.2.3. Ministry of Labour and Social Protection of the Population of the Republic of Azerbaijan;

8.2.4. State Tax Service under the Ministry of Economy of the Republic of Azerbaijan;

8.2.5. Innovation Center under the State Agency for Public Service and Social Innovations under the President of the Republic of Azerbaijan;

8.2.6. State Examination Center of the Republic of Azerbaijan.

8.3. The integration of the Register with other state information systems and resources, as well as the organization of data exchange as specified in Clause 7.1 of these Rules, is carried out in accordance with these Rules and Section 4 of the “Rules on the Formation, Maintenance, Integration, and Archiving of State Information Resources and Systems” approved by Presidential Decree No. 263 dated 12 September 2018.

8.4. If real-time data exchange with other state information systems and resources is not feasible, the data is manually entered into the Register.

9. Functions of the Owner of the Register

9.1. The owner of the Register shall perform the following functions:

9.1.1. Organize the operation of the Register in accordance with applicable legal acts;

9.1.2. Ensure data exchange between the Register and other state information systems and resources;

9.1.3. Monitor the timely and complete entry of data into the Register by participants;

9.1.4. Ensure the modification of stored data based on written (including electronic) requests from users and participants;

9.1.5. Oversee the operation, technical maintenance, repair, and storage of the Register's components and software, including scheduled preventive maintenance;

9.1.6. Inform participants of any malfunctions or downtime at central or backup hardware facilities;

9.1.7. Ensure the accuracy, reliability, accessibility, completeness, confidentiality, and backup of Register data;

9.1.8. Define or revoke participants’ access rights to the Register;

9.1.9. Prepare and analyze statistical reports on the Register;

9.1.10. Detect unauthorized access in a timely manner, prevent unlawful interference, data copying, or unauthorized disclosure, and ensure prompt recovery of altered or deleted data.

10. Functions of the Operator of the Register

10.1. The operator shall perform the following functions:

10.1.1. Take measures to improve the functioning of the Register and enhance its capabilities;

10.1.2. Ensure necessary adjustments to software based on changes in legislation, and implement new modules and conduct relevant testing;

10.1.3. Implement data protection measures, including:

  • Preventing unauthorized access to data;
  • Issuing alerts on breaches of access protocols;
  • Mitigating harmful impacts on software/hardware systems;
  • Ensuring recovery of altered or deleted data due to unauthorized access;
  • Defining data protection levels;
  • Determining access rights to data;
  • Maintaining regularly updated backups of system and application software, and data resources;

10.1.4. Notify users and the coordinating body (State Agency for Public Service and Social Innovations) in advance of maintenance or updates;

10.1.5. Eliminate service interruptions in the Register promptly;

10.1.6. Conduct regular full monitoring of the Register;

10.1.7. Ensure the Register is accessible and compatible with mobile devices;

10.1.8. Register system errors and automatically notify relevant personnel when errors occur;

10.1.9. Work with the operator of the Government Cloud to ensure the Register is hosted, maintained, and enhanced within the Cloud;

10.1.10. Fulfill other functions arising from these Rules and the Presidential Decree No. 263 dated 12 September 2018.

11. Functions of Participants of the Register

11.1. Participants of the Register shall perform the following functions:

11.1.1. Submit proposals for the improvement of the Register’s operation;

11.1.2. Inform the operator about any identified defects or malfunctions related to the operation of the Register;

11.1.3. Enter information into the Register in a complete manner and take necessary measures to ensure the security of that information;

11.1.4. Comply with software requirements related to the protection of information;

11.1.5. Continuously monitor new data and documents entered into the information system by the operator that are directly related to the participant’s activities;

11.1.6. Regularly improve skills and proficiency in the use of information and communication technologies;

11.1.7. Refrain from actions that may slow down, harm, or cause the Register’s operation to stop;

11.1.8. Prevent non-participants or unauthorized users from accessing the Register;

11.1.9. Avoid sharing data obtained from the Register with third parties or transmitting such data via external internet networks.

12. Use of the Register

12.1. State authorities (institutions) possessing state information resources and systems shall access and use the Register via data exchange after their systems are integrated with the Register in accordance with Section 4 of the “Rules on the Formation, Maintenance, Integration, and Archiving of State Information Resources and Systems,” approved by Presidential Decree No. 263 dated 12 September 2018.

12.2. State authorities (institutions) without their own information resources and systems shall use the Register through an electronic cabinet created in the Register. In this case, authorized individuals designated by the head of the respective institution with seal authority shall be identified, and access will be granted to the automatically generated electronic cabinet.

12.3. Legal and natural persons may access publicly available data in the Register through an online information resource.

12.4. Except for the list of media entities and journalists, other data contained in the Register is not publicly accessible.

12.5. The confirmation and submission of electronic documents in the Register shall be carried out using electronic signatures or other identification tools as defined by law.

12.6. After identification, users may review and print open-access documents (data) and those related to themselves via the electronic cabinet. They may also obtain electronically signed versions of such documents, use electronic services, and perform payments and other operations.

12.7. Payments for the issuance or replacement of journalist IDs (certificates) shall be made via the “ASAN Payment” system (electronically without the need to leave the service location).

12.8. The operator shall restrict user access to Register data under the following circumstances:

12.8.1. In cases of unlawful access or interference with the Register;

12.8.2. When the requirements set forth in these Rules and in the “Rules on the Formation, Maintenance, Integration, and Archiving of State Information Resources and Systems” approved by Presidential Decree No. 263 dated 12 September 2018 are not met.