Unofficial translation
In line with sub-paragraph 1) of paragraph 2 of Article 17-1 of the Law of the Republic of Kazakhstan “On Advertising”, I HEREBY ORDER:
Footnote. The preamble - as revised by order of the Minister of Culture and Information of the RK № 324-NK of 19.07.2024 (shall apply upon expiry of ten calendar days after the day of its first official publication).1. To approve the attached Rules for the formation and placement of public service advertisements on obligatory TV and radio channels.
2. The Department of State Policy in Mass Media of the Ministry of Information and Social Development of the Republic of Kazakhstan in accordance with the procedure established by the law shall ensure:
1) State registration of this order with the Ministry of Justice of the Republic of Kazakhstan;
2) within ten calendar days from the date of state registration of this order, direction of it to the Republican State Enterprise on the Right of Economic Management "Republican Center of Legal Information" for official publication and placement in the Reference Control Bank of Regulatory Legal Acts of the Republic of Kazakhstan;
3) posting this order on the Internet resource of the Ministry of Information and Social Development of the Republic of Kazakhstan;
4) within ten working days after the state registration of this order with the Ministry of Justice of the Republic of Kazakhstan, submission to the Legal Department of the Ministry of Information and Social Development of the Republic of Kazakhstan of information about implementation of measures stipulated by sub-clauses 1), 2) and 3) of this clause.
3. Control over 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 come into force after the date of its first official publication.
|
Minister of Information and Social Development of the Republic of Kazakhstan |
D. Abayev |
"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 May 14, 2019 № 108 |
Rules for the formation and placement of public service advertisements
on obligatory TV and radio channels
Chapter 1. General provisions
1. These Rules for the Formation and Placement of Public Service Advertisements on Obligatory TV and Radio Channels (hereinafter - Rules) have been drawn up under sub-paragraph 1) of paragraph 2 of Article 17-1 of the Law of the Republic of Kazakhstan “On Advertising” and establish the procedure for the formation and placement of public service announcements on obligatory TV and radio channels.
Footnote. Paragraph 1 - as revised by order № 324-NK of the Minister of Culture and Information of the Republic of Kazakhstan of 19.07.2024 (shall become effective ten calendar days after the date of its first official publication).2. In these Rules, the following definitions shall be used:
1) public service advertisements – information address to an indefinite circle of persons and aimed at reaching charitable and other socially useful objectives of non-commercial nature, as well as securing state interests;
2) copyright holder – individuals or legal entities that have received the exclusive right to use a work and (or) an object of related rights under a contract or other basis provided for by the Law of the Republic of Kazakhstan dated June 10, 1996 "On copyright and the related rights";
3) obligatory TV and radio channel is a TV and radio channel included in the corresponding list approved by the authorised body, obligatory for distribution via multichannel broadcasting throughout the territory of the Republic of Kazakhstan, excluding digital terrestrial television and radio broadcasting networks and television and radio broadcasting in telecommunications networks;
4) applicant – the copyright holder or other person, acting on behalf of the copyright holder on the basis of a power of attorney, executed in accordance with the Civil Code of the Republic of Kazakhstan, which has the right to submit an application for placement of public service advertisements on obligatory TV, radio channels;
5) Commission for the Development of Television and Radio Broadcasting (hereinafter referred to as the Commission) is an advisory and consultative body on the issues of development of television and radio broadcasting established under the government body in charge of state regulation in the field of mass media;
6) authorised body in the field of mass media (hereinafter referred to as the authorised body) is the central executive body in charge of state regulation in the field of mass media.
Footnote. Clause 2 as amended by the order of the Minister of Information and Social Development of the Republic of Kazakhstan dated 22.08.2019 № 294 (shall come into force after the date of its first official publication); dated 19.07.2024 № 324-NK (shall be enacted ten calendar days after the date of its first official publication). Chapter 2. Procedure for the formation and placement of public service
advertisements on obligatory TV and radio channels
3. Public service advertisements on obligatory TV, radio channels shall be formed based on the following criteria:
1) compliance with technical parameters, set to a clip of public service advertisement, established in Annex 1 to these Rules;
2) conformity with the requirements established by the legislation of the Republic of Kazakhstan in the field of advertising, mass media and charity.
Footnote. Paragraph 3 as amended by order of the Minister of Culture and Information of the RK № 324-NK of 19.07.2024 (shall enter into force ten calendar days after the date of its first official publication).4. To place public service advertisements on obligatory TV, radio channels, applicants shall submit the following documents to the authorized body:
1) the application for placement of public service advertisements on obligatory TV, radio channels according to Annex 2 to these Rules;
2) a clip of public service advertisement in Kazakh and Russian languages, on an external electronic medium, ensuring the consistency of the quality of the clip when it is transferred to other media;
3) document confirming the exclusive right to use the work and (or) the object of related rights;
4) the consent of the copyright holder in the case of submission of an application by a person acting on the basis of a power of attorney.
Footnote. Clause 4 as amended by the order of the Minister of Information and Social Development of the Republic of Kazakhstan dated 22.08.2019 № 294 (shall come into force after the date of its first official publication).5. The authorised body shall examine the applications and documents enclosed for conformity with the requirements established by the legislation of the Republic of Kazakhstan in the field of advertising, mass media and charity and these Rules, and shall notify on conformity or non-conformity of the application within no more than fifteen calendar days from the date of filing of the application by the applicant.
Footnote. Paragraph 5 - as revised by order of the Minister of Culture and Information of the RK № 324-NK of 19.07.2024 (shall come into effect upon expiry of ten calendar days after the day of its first official publication).6. Should the application comply with the requirements envisaged by the legislation of the Republic of Kazakhstan in the field of advertising, mass media and charity and these Rules, as well as the submission of a complete set of documents, the social advertisement shall be presented for examination by the Commission established in line with Article 47 of the Law of the Republic of Kazakhstan “On Mass Media” (hereinafter - the Law), the sessions thereof shall be held at least once a half-year or as needed.
Footnote. Paragraph 6 - as reworded by order of the Minister of Culture and Information of the RK № 324-NK of 19.07.2024 (shall be enacted ten calendar days after the day of its first official publication).7. Applications for the placement of public service advertisements on obligatory TV, radio channels shall be submitted no later than fifteen calendar days before the date of the meeting of the Commission.
8. The announcement of the meeting of the Commission shall be published on the official website of the authorized body at least one month before the day of its holding, indicating the deadline for accepting applications and the date of the meeting.
9. Consideration by the Commission of applications received after the deadline for the receipt of applications specified in the announcement shall be postponed to the next meeting of the Commission.
10. Applications that do not meet the criteria established by these Rules shall be brought into compliance and re-sent to the authorized body for consideration at the next meeting of the Commission.
11. The applicant or his authorized representatives shall be invited to a meeting of the Commission.
12. Public service advertisements shall be placed on obligatory TV, radio channels, if the majority of the members of the Commission present have voted for it. In case of a tie vote, the vote of the Chairman of the Commission shall be decisive.
13. The secretary of the Commission shall prepare the minutes of the Commission's session, comprising recommendations and proposals for the placement of social advertising spots on obligatory TV and radio channels.
Footnote. Paragraph 13 - as revised by order of the Minister of Culture and Information of the RK № 324-NK of 19.07.2024 (shall enter into force ten calendar days after the date of its first official publication).14. Minutes of the meeting of the Commission shall be subject to posting on the Internet resource of the authorized body.
| Annex 1 to the Rules for the formation and placement of public service advertisements on obligatory TV and radio channels |
Technical parameters set for a clip of public service advertisement
1. The video shall be submitted in encoded format DVCPRO HD (Digital Video Cassette Professional High Definition) or XDCAM HD (high-resolution recording format for professional, tapeless digital video recording) 50 Mbps, profile 4: 2: 2, 25 frames per second, with frame size HD1080 50i standard (1920x1080 pixels), scan type - interlaced, order of field construction - top field first, frame ratio 16: 9. Videofileconter: MXF (Material eXchange Format), MOV (media container for multimedia software).
2. Audio shall comply with the following specifications:
dynamic range, not less than 40 decibels;
frequency range, not less than 20 Hertz - 20,000 Hertz;
nonlinear distortion coefficient, not more than 1%;
stereophonic sound;
lack of acoustic reverberation ("Echo") of the signal during studio recording;
presence of 100% speech intelligibility;
the absence of extraneous sounds, noise, interference on the record;
Sound level:
maximum - 12 decibel;
intersound - 42 decibel.
3. The timing of one clip of public service advertisement shall be at least 30 (thirty) seconds.
4. Video material for posting on obligatory TV, radio channels is transmitted via FTP (File Tranfser Protocol) or on HDD (Hard Disk Drive) or other digital media.
Footnote. The text in the upper right corner - as revised by order of the Minister of Culture and Information of the RK № 324-NK of 19.07.2024 (shall become effective ten calendar days after the date of its first official publication).
To the Ministry of Information and Social Development of the Republic of Kazakhstan
Application for placement of the public service advertisement on obligatory TV, radio channels
General information:
1. Surname, name, patronymic (if available) / name of the applicant:
__________________________________________________________________________
2. Location: _______________________________________________________________
3. Telephones /faxes numbers of the applicant: ___________________________________
4. Thematic scope: __________________________________________________________
5. Period of broadcasting of public service advertisement on obligatory TV and radio channels (______ half year of 20__): ________________________________________________________
6. Name of legal entity / Surname, name, patronymic
(if available) of the individual, who is the copyright holder:
_____________________________________________________________
Hereby we guarantee compliance with the legislation on copyright and the related rights in relation of the copyright holder/s.
Signature of the head /
of individual entrepreneur /
of the head of the state body or his person performing his duties
Seal (if available) "___"___________ 20 __
