Media Law - Prepare for Total Licensing

In the article “A platform for sending a train to not so  distant  places”, after analyzing the draft law On Media, I came to the conclusion that it contains norms that sharply limit the information rights and initiatives provided by the Constitution to citizens.

The law, which is supposedly intended to regulate the activities of the media, embraced the entire society and actually established responsibility and restrictions in the field of information relations for all citizens, and most importantly introduced state control over the informational self-expression of citizens.

The article is about the term Platform, which was introduced into the content of the draft law and which is absent in the 2000 law on mass media.

I repeat once again  that the talk is about a term, but not about a concept. In the draft law, the supreme executive power does not disclose the concept of the Platform, although it circulates in many sections.

The term platform is first used in Article 1. Basic concepts. But the concept is not revealed:

1.1.18. platform broadcaster - an individual or legal entity that is responsible for the content of audiovisual programs and distributes these programs through the platform and (or) multiplex operator and (or) body (institution) determined by the relevant executive authority, or directly via the Internet;

1.1.21. platform operator - an individual or legal entity that rebroadcasts programs, including services of custom broadcasting via cable, IPTV, OTT, mobile television and satellite encoded broadcasting signals;

Further, in Article 27. Subjects of audiovisual media, a gradation of types of platform management is given

27.1.2. platform publisher:

27.1.2.1. the platform broadcaster carrying out satellite broadcasting;

27.1.2.2. a platform broadcaster that does not broadcast satellite;

27.1.3. platform operator:

27.1.3.1. simple platform operator;

27.1.3.2. operator of a universal platform;

And for the first time in the Article 32. Platform operator, we find a link between the term platform operator and the concept of license: 32.1. The platform operator acts on the basis of a license.

Article 50 specifies a simple and universal type of license issued to operators of audiovisual media platforms. Article 55 contains the rules for the issuance of a license

Thus, we can state that according to this law, licensing of the Internet and mobile platforms is being introduced, which is prohibited by the current law on mass media. And this means the introduction of a formally indirect, but essentially direct censorship of the state over information initiatives not only of the media, journalists, but of all citizens.

Now we will try to reveal the concept of the term Platform, which is not in the draft law. The platform is a channel for disseminating information based on new technologies - the Internet, mobile communications, etc. It can be professional (media) and non-professional (society)

The main functions of the platforms:

Internet platform (Internet version of a legal entity and an individual of the publication).

Mobile platform (version of the edition of legal and physical for a mobile phone)

PDA-platform (version of the publication for a pocket personal computer (Personal Digital Assistant or PDA). An additional platform for distributing the printed version of the publication.

E-paper-platform (version of the publication for electronic paper (e-paper)); Kindle-platform (software and hardware platform for reading e-books). The information is not updated as events unfold.

iPad, iPhone platforms (and similar portable Android devices). Additional platforms for the distribution of the printed version of the publication, multimedia content.

I have no doubts that the draft law, vague to the point of disgrace, gives broad powers to the state through the hidden meaning of the articles and the licensing system to limit and control not only the media, but the entire information community of Azerbaijan. I would like the executive branch and parliament to refute these doubts.