On approval of the Rules for the formation and placement of social advertising to promote a healthy lifestyle on domestic TV channels

New Unofficial translation

Order of the Minister of Information and Social Development of the Republic of Kazakhstan dated March 31, 2021 No. 108. Registered with the Ministry of Justice of the Republic of Kazakhstan on March 31, 2021 No. 22436

      Unofficial translation

      In accordance with subparagraph 2) of paragraph 1 of Article 14-2 of the Law of the Republic of Kazakhstan dated December 19, 2003 “On Advertising”, I HEREBY ORDER:

      1. To approve the attached Rules for the formation and placement of social advertising to promote a healthy lifestyle on domestic TV channels.

      2. The Department of state policy in the field of mass media of the Ministry of Information and Social Development of the Republic of Kazakhstan, in accordance with the procedure established by the legislation of the Republic of Kazakhstan, shall ensure:

      1) state registration of this order in the Ministry of Justice of the Republic of Kazakhstan;

      2) placement of this order on the Internet resource of the Ministry of Information and Social Development of the Republic of Kazakhstan;

      3) submission to the Legal Department of the Ministry of Information and Social Development of the Republic of Kazakhstan of information on the implementation of measures provided for in subparagraphs 1) and 2) of this paragraph within ten working days after the state registration of this order with the Ministry of Justice of the Republic of Kazakhstan.

      3. Control over the execution of this order shall be entrusted to the supervising Vice-Minister of Information and Social Development of the Republic of Kazakhstan.

      4. This order shall enter into force upon expiry of ten calendar days after the date of its first official publication.

      Minister of Information
and Social Development
of the Republic of Kazakhstan A. Balayeva

      "AGREED"
Ministry of Education and Science
of the Republic of Kazakhstan

      "AGREED"
Ministry of Healthcare
of the Republic of Kazakhstan

      "AGREED"
Ministry of National Economy
of the Republic of Kazakhstan

  Approved
by the order of the
Minister of Information
and Social Development
of the Republic of Kazakhstan
dated March 31, 2021 No. 108

Rules for the formation and placement of social advertising to promote a healthy lifestyle on domestic TV channels

Chapter 1. General provisions

      1. These Rules for the formation and placement of social advertising to promote a healthy lifestyle on domestic TV channels (hereinafter-the Rules) have been developed in accordance with subparagraph 2) of paragraph 1 of Article 14-2 of the Law "On Advertising" and shall determine the procedure for the formation and placement of social advertising to promote a healthy lifestyle on domestic TV channels.

      2. The following concepts are used in these Rules:

      1) a right holder - individuals or legal entities that have received the exclusive right to use a work and (or) an object of related rights under an agreement or other basis provided for by the Law of the Republic of Kazakhstan dated June 10, 1996 "On Copyright and Related Rights";

      2) an applicant - a right holder or another person acting on behalf of the right holder on the basis of a power of attorney issued in accordance with the civil legislation of the Republic of Kazakhstan, which has the right to apply for placement of social advertising on domestic TV channels.

Chapter 2. The procedure for the formation and placement of social advertising to promote a healthy lifestyle on domestic TV channels

Paragraph 1. The procedure for the formation of social advertising to promote a healthy lifestyle

      3. The formation of social advertising to promote a healthy lifestyle shall be carried out by individuals and (or) legal entities.

      4. Individuals and (or) legal entities shall form social advertising to promote a healthy lifestyle through independent production or by ordering the mass media or other organizations to produce social advertising to promote a healthy lifestyle, carried out on the basis of an agreement concluded in accordance with civil legislation of the Republic of Kazakhstan.

      5. Social advertising to promote a healthy lifestyle on domestic TV channels shall be formed based on the following criteria:

      1) compliance with the technical parameters set for a social advertising video to promote a healthy lifestyle, established in Appendix 2 to these Rules;

      2) compliance with the requirements established by the legislation of the Republic of Kazakhstan in the field of advertising, television and radio broadcasting;

      3) compliance with the following areas of a healthy lifestyle:

      healthy and rational nutrition;

      physical activity (a set of physical exercises to improve health);

      giving up bad habits (consumption of tobacco products, including products with heated tobacco, hookah tobacco, hookah mixture, tobacco heating systems, electronic consumption systems and liquids for them, psychoactive substances - substances of synthetic or natural origin (alcohol, narcotic drugs, psychotropic substances, their analogues, other intoxicating substances), which, when taken once, affect mental and physical functions, human behaviour, and with prolonged use cause mental and physical dependence);

      moral and emotional sphere;

      prevention of diseases.

Paragraph 2. The procedure for placement of social advertising to promote a healthy lifestyle on domestic TV channels

      6. Placement of social advertising to promote a healthy lifestyle shall be carried out by TV channels in accordance with the criteria provided for by these Rules.

      7. For the placement of social advertising to promote a healthy lifestyle on domestic TV channels the applicants shall submit the following documents:

      1) an application for the placement of social advertising to promote a healthy lifestyle in accordance with Appendix 2 to these Rules;

      2) a social advertising video to promote a healthy lifestyle in the Kazakh and Russian languages, on an external electronic medium that ensures the invariability of quality of the video when it is transferred to other media;

      3) a document confirming the exclusive right to use the work and (or) the object of related rights.

      8. In order to select social advertising to promote a healthy lifestyle, the domestic TV channel shall organize a meeting with participation of representatives of non-governmental public organizations, entrepreneurs and interested state bodies, in the amount of at least five participants.

      Social advertising to promote a healthy lifestyle shall be subject to placement on domestic TV channels if the majority of the participants present at the meeting voted for it.

      The decision of participants of the meeting shall be drawn up in the minutes.

      9. The placement of social advertising to promote a healthy lifestyle shall be carried out on the basis of an agreement concluded in accordance with the civil legislation of the Republic of Kazakhstan between the right holder and a domestic TV channel, as well as the minutes of the meeting for the selection of social advertising to promote a healthy lifestyle.

  Appendix 1
to the Rules for the formation
and placement of social advertising
to promote a healthy lifestyle on
domestic TV channels

Technical parameters set for a social advertising video to promote a healthy lifestyle

      1. Video is presented in DVCPRO HD (Digital Video Cassette Professional High Definition) or XDCAM HD (high-definition recording format for professional, tapeless digital video recording) encoded format 50 Mbps, profile 4:2:2, 25 frames per second, with HD1080 50i frame size (1920x1080 pixels), scan type - interlaced, order of fields construction - top field first, frame ratio 16:9. Videofileconter: MXF (Material eXchange Format), MOV (media container for multimedia software).

      2. Audio accompaniment complies with the following technical requirements:

      dynamic range, not less than 40 decibels;

      frequency range, not less than 20 Hertz - 20000 Hertz;

      coefficient of non-linear distortion, no more than 1%;

      stereophonic soundtrack;

      lack of acoustic reverberation (“Echo”) of the signal during studio recording;

      presence of 100% speech intelligibility;

      absence of extraneous sounds, noise, interference on the recording;

      sound level:

      maximum - 12 decibels;

      internoise - 42 decibels.

      3. The duration of one social advertising video to promote a healthy lifestyle is at least 5 (five) seconds.

      4. Video material for the placement on domestic TV channels shall be transmitted via the FTP (File Transfer Protocol) information transfer protocol or on HDD (Hard Disk Drive) or other digital media.

  Appendix 2
to the Rules for the formation and
placement of social advertising to
promote a healthy lifestyle on
domestic TV channels

Application for the placement of social advertising to promote a healthy lifestyle

      General information:

      1. Surname, name, patronymic (if any) / name of the applicant:

      _______________________________________________________________

      2. Location:

      _______________________________________________________________

      3. Numbers of phones, faxes of the applicant:

      _______________________________________________________________

      4. Thematic focus:

      The period of broadcasting of social advertising to promote a healthy lifestyle

      (half year of 20____):

      _______________________________________________________________

      6. Name of the legal entity / surname, name, patronymic (if any)

      of an individual who is the copyright holder:

      _______________________________________________________________

      This application guarantees compliance with copyright law

      and related rights in relation to the right holder/s.

      Signature of the head / individual entrepreneur

      Place for seal (if any) "___" ___________ 20 __ year

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