Хэвлэх DOC Татаж авах

          Annex of joint decree #...by the General Election Commission, Communications Regulatory Commission, dated….2020

 

 

APRIL 7, 2020                                                                                         Ulaanbaatar city

 

REGULATION ON BROADCASTING AND OVERSIGHT OF CAMPAIGN ADVERTISING ON RADIO AND TELEVISION CHANNELS  

 

One. General

 

1.1.  Objective of this regulation is to regulate relations pertaining to radio and television broadcasting of election campaign advertisements and oversight.   

1.2. The Communications Regulatory Commission of Mongolia shall exercise oversight over election campaign broadcasting by the Public radio and television, and other radio and television service providers.   

1.3. Radio and television service providers specified in Article 46, Provision 46.1 of the Law on the Election of the State Great Hural are television, Radio and cable channel broadcasting service providers holding special license issued by the Communication Regulatory Commission.  

1.4. Radio, television and cable channel broadcasting service providers shall follow the Law of Mongolia on the Election of the State Great Hural, the Law on Communications, the Law on Advertising and other relevant legislation when broadcasting and transmitting election campaign advertisements.

Two. Registration of Radio and television service providers to broadcast election campaign advertisements

2.1. The Communication Regulatory Commission shall publish a list of main channels run by radio and television service providers, other than those specified in 3.7 of this regulation, together with the ownership information using the approved form at least 45 days prior to the start of the election campaign and publish it on its website for public disclosure.

2.2. The radio and television service providers listed in accordance with Article 2.1 of this Regulation may submit a statement of intent to the Communications Regulatory Commission, declaring their intention to broadcast election campaign advertisements in accordance with Article 46.9 of the Law on Election of the State Great Hural of Mongolia.

2.3. The Communications Regulatory Commission shall approve a form designated for statement of intention to broadcast election campaign advertisements by radio and television service providers and inform through its website.

2.4. The statement of intention form specified in 2.3 of this regulation shall contain the information specified in Article 46.9 of the Law on Election of the State Great Hural of Mongolia, a statement by the applicant to comply with this regulation and contact information of persons designated to serve as liaisons during election.

2.5 Radio or television service providers specified in Article 2.2 of this Regulation wishing to broadcast election campaign advertisements shall complete the statement of intent form to declare their intent of broadcasting and submit the documents specified in Articles 46.9.1-46.9.3 of the Law on Elections to the Communications Regulatory Commission for registration.

2.6. When submitting a schedule for the election campaign broadcasting specified in Article 46.9.1 of the Law on Election of the State Great Hural of Mongolia, the election campaign programs and advertising time shall be allocated and planned for the network for the entire election campaign period.

2.7. The Communications Regulatory Commission shall review and verify the documents specified in Article 46 and Provision 46.9 of the Law on Election of the State Great Hural of Mongolia when registering statements of intent to broadcast election campaign advertisements submitted by radio and television service providers.

2.8. The Communications Regulatory Commission shall register radio and television stations that meet the following requirements.

        2.8.1. Included in the list specified in 2.1 of this regulation;

        2.8.2. Have submitted a statement of intent by the deadline specified by law;

        2.8.3. Have submitted all required documents that shall be attached to the statement;

        2.8.4. Average fees for running election campaign advertisements comply with

                 with Article 46 and Provision 46.8 of the Law on Election of the State Great Hural;

        2.8.5. Broadcasting schedule for election campaign advertisements is in accordance with Article 46 and provision 46.6 of the Law on Elections to the State Great Hural of Mongolia.

2.9. Radio and television service providers failing to meet the requirements specified in 2.8 of this regulation shall be refused registration.

2.10. Where Communications Regulatory Commission rejects a statement of intent to broadcast election campaign advertisements submitted by a radio or television service provider, the grounds for rejection shall be promptly communicated to the applicant within 48 hours via e-mail address included in the statement, whereupon the radio or television service provide shall have the right to re-submit a statement.

2.11. The Communications Regulatory Commission shall approve a list of radio and television service providers authorized to broadcast election campaign advertisements, registered in accordance with Article 2.8 of this Regulation, and publish the list on its website for public disclosure.

2.12. Public radio and television shall follow the principles set forth in Articles 46 and provisions 46.3, 46.12 and 46.18 of the Law on Election of the State Great Hural of Mongolia in determining the schedule and time allocation of election campaign programs.

2.13. Public radio and television shall submit proposed schedules and allocation of air time for free election campaign advertisements to the Communications Regulatory Commission at least 14 days prior to the start of the election campaign.

2.14. The Communications Regulatory Commission shall review the proposed schedule and allocation of airtime for free election campaign broadcasting by public radio and television to determine whether principles set forth in Article 2.12 of this regulation are duly satisfied, approve it at least seven days before the election campaign and inform the public through its website.

Three. Broadcasting of election campaign advertisements by radio and television service providers authorized to broadcast election campaign

3.1. Radio and television service providers authorized to broadcast election campaign advertisements, in addition to complying with Article 39, provision 39.4 of the Law on the Election of the State Great Hural of Mongolia, shall clearly mark the distinction from other advertisements and programs included in the program and shall indicate the source.

3.2. Radio and television service providers shall observe the following principles /rules to ensure equal treatment of all parties, coalitions and candidates participating in the election in accordance with Article 46, provision 46.12 of the Law on Election of the State Great Hural of Mongolia.

3.2.1. Approve a schedule, time slots, price quotes for broadcasting of election campaign advertisements, forward this information to parties, coalitions and independent candidates, and disclose on the organization’s website;

3.2.2. Offer equal opportunities and conditions in contracts based on the price quotes, mentioned in 3.2.1 of this regulation;

3.2.3. When allocating airtime to parties, coalitions and candidates who have signed contracts, based on approved schedule, avoid covering one party, coalition or candidate for an entire week and ensure time slots are evenly distributed;

3.2.4. Avoid covering only one party, coalition or candidate's election campaign programs, news and information exclusively.

3.3. Radio and television service providers shall broadcast election campaign advertisements in accordance with the principles set forth in 3.1 and 3.2 of this regulation, and shall refrain from transmitting election advertisements in ways other than those specified in the Law on the Election of the State Great Hural and this regulation.

3.4. Radio and television service providers shall ensure that information provided by the parties, coalitions and candidates participating in the election, specified in Article 46 and provision 46.16 of the Law on Election of the State Great Hural of Mongolia, is transmitted separately from news programs in accordance with Article 3.1 of this regulation.

3.5. When covering electoral process in accordance with Article 46, provision 46.13 of the Law on Election of the State Great Hural of Mongolia, radio and television service providers shall strive to verify accuracy of information using multiple sources and observe the principles of ethical journalism for media and individual journalists.  

3.6. Pursuant to Article 11 and provisions 11.2, 11.3, and 11.4 of the Law on Advertising, election campaigns shall not be broadcast during regular news programs on domestic and international current affairs, educational and children's programs.

3.7. Channels for children, specialty channels devoted to tele-shopping and paid-ad channels shall not be used for broadcasting election campaign materials.

3.8. The following election-related programs and advertisements shall not be considered as election campaign advertisement:

3.8.1. Editorial contents on electoral process prepared by radio and television service providers, including news, reports and reviews;

3.8.2. Voter education programs and advertisements;

3.8.3. Political debates;

3.8.4. Official information from election commissions.

3.9. In accordance with Article 46 and provision 46.17 of the Law on Election of the State Great Hural of Mongolia, when broadcasting political debates, the names of parties, coalitions, independents and candidates and their party affiliations shall be clearly stated/presented.

3.10. Televisions shall provide subtitles or sign language translations when transmitting voter education programs, news and political debates within the framework of ensuring the right to information of persons with disabilities specified in Articles 11.1 and 11.2.4 of the Law on the Rights of Persons with Disabilities.

3.11. When election campaign broadcasts stop during blackout period, radio and television service providers shall take appropriate measures to restrict access to election campaign materials posted on its official website and independent programs which are not related to election campaigns, specified in Article 48 and provision 48.9 of the Law on Election of the State Great Hural of Mongolia, from the end of the campaign period to the day after the polling day.

3.12. Public radio, television broadcaster and other radio and television service providers shall publish a report on the broadcast of political advertisement in accordance with Article 39, provision 39.5 of the Law on Election of the State Great Hural of Mongolia on their respective websites or through the media to inform the public and submit the report along with supporting documents to the central administrative body in charge of fair competition.  

3.13. In case of necessary changes in the advertising schedule specified in Article 46.9.1 of the Law on Elections to the State Great Hural of Mongolia, the radio and television service providers shall comply with the principles set forth in Article 46 and provision 46.12 of the above-mentioned Law and Article 3.2 of this Regulation and compile relevant evidence.

3.14. Radio and television service providers shall keep supporting documents related to election campaign broadcast coverage, schedules, price quotes, contracts and broadcast recordings for purposes of evidence for at least 6 months.

Four. Responsibilities of multi-channel service providers

4.1. Multi-channel service providers shall bear the following responsibilities during the election campaign period:

4.1.1. Ensure the uninterrupted operation of its services, refrain from intentionally causing a decrease in the audio and video quality on radio and television channels, interruption of radio and television signals, and changes to the order of channels;

4.1.2. Refrain from broadcasting election campaign materials through promotion channels and home pages (posters) intended to provide information and instructions on services;

4.1.3. Pursuant to Article 39, provision 39.1 of the Law on Election of the State Great Hural of Mongolia, rewinding and re-run features/services of radios and televisions, authorized to broadcast election campaign materials through its network, shall be disabled from 00:00 on the day before polling day until the end of the polling period.

4.1.4. 4.1.3 of this regulation shall also apply to Internet-based multi-channel service providers.

4.2. If the State administrative body in charge of fair competition submits to the Communications Regulatory Commission a state inspector’s conclusion suggesting termination of operations of a radio and television service provider in accordance with Article 48, provision 48.14 of the Law on Election of the State Great Hural of Mongolia, the Commission shall send an official letter together with the above-mentioned conclusion to the service provider and shall take measures to restrict transmission of programs by the service provider for the period specified in the conclusion.

4.3. When a decision by the Communications Regulatory Commission to suspend radio or television broadcasts based on the results of oversight and monitoring in accordance with Articles 39.6 and 48.11 of the Law on Election of the State Great Hural of Mongolia is received by a network, appropriate measures shall be taken to to restrict broadcasts over the network for the period specified in the decision.

Five. Oversight of Election campaign advertising

5.1. The Communications Regulatory Commission shall exercise oversight on election campaign advertisements broadcast on radio and television in accordance with Law on Election of the State Great Hural of Mongolia and this regulation. 

5.2. The Communications Regulatory Commission shall exercise this oversight by monitoring the implementation of Article 39 and provisions 39.1, 39.4, Article 46 and provisions 46.2, 46.6, 46.7, 46.10, 46.11, 46.14, 46.16, 46.17, 46.26,  and Article 48 and provisions 48.8 and 48.9 of the Law on Election of the State Great Hural of Mongolia.

5.3. Re-runs of election campaign-related materials shall be counted toward the total permitted airtime per day that can be allocated for election campaigns and election coverage within news programs in accordance with Article 46, provisions 46.6, 46.7, 46.14 of the Law on Election of the State Great Hural of Mongolia.

5.4. Paid programs featuring parties, coalitions and candidates that fail to comply with 3.11 of this Regulation, which are not indicated as election campaign advertising, where sources are missing shall be counted toward the total permitted airtime.

5.5. The five-minute slot permitted for news programs, provided in Article 46 and provision 46.14 of the Law on Election of the State Great Hural of Mongolia, shall be calculated from the time when the news anchor starts presenting the news.

5.6. Election campaign advertisements broadcast by radio and television service providers shall not be subject to advertising restrictions and requirements outlined as part of broadcasting regulations and conditions.

5.7. The following violations of Article 3.1 of this Regulation shall be deemed as non-compliance with Article 39 and provisions 39.4 of Article 39 of the Law on Election of the State Great Hural of Mongolia.

5.7.1. Broadcasting of paid programs that are not clearly indicated as election campaign advertisement and/or without clearly stated sources;

5.7.2.  Any program where the source is not clearly stated, displaying logos, symbols, slogans, flags, pictures and images and names of parties, coalitions, candidates in a manner that is discernible as election campaign advertisement to viewers and voters.

5.8. Radio or television service providers found responsible for violation of Articles 3.4, 3.6, 3.9, 3.11 and 5.12 of this Regulation, shall be subject to sanctions specified in Article 46, provision 46.24 of the Law on Election of the State Great Hural of Mongolia.

5.9. If found responsible for violation of Article 39, provision 39.4 of the Law on Election of the State Great Hural of Mongolia, provision 3.1 of this regulation, for broadcasting programs specified in provision 5.7 of this regulation based on monitoring, and/or if reports and complaints are received regarding issues outlined in  Article 6, provisions 46.12, 46.18, and provisions 3.2, 3.3 and 3.13 of this regulation, the relevant evidence and information shall be transferred to the Police in accordance with the jurisdiction specified in the Law on Investigation and Resolution of Petty offences.

5.10. In case of disputes and complaints regarding issues specified in Article 46 and provision 46.13, Article 39 and provision 39.5 of the Law on Election of the State Great Hural of Mongolia and provisions 3.5 and 3.12 of this Regulation, these shall be transferred to the state administrative body in charge of fair competition together with relevant information according to jurisdiction specified in the Law on Investigation and Resolution of Petty offences.

5.11. The Communications Regulatory Commission shall not use the information and data used for monitoring for purposes other than those specified in this regulation.

5.12. Local radio stations shall record the entire broadcast content during the election campaign on a regular and uninterrupted basis and submit the recording to the Communications Regulatory Commission based on a set schedule.

5.13. The Communications Regulatory Commission shall inform the public on the findings of monitoring of radio and television election campaign broadcasts and report on  oversight efforts.

5.14. The relevant authorities charged with monitoring election campaign broadcasting on radio and television shall exchange information on the names, positions, mobile and landline phone numbers, fax numbers and e-mail addresses of officials appointed to facilitate collaboration.

5.15. The competent authorities shall take immediate measures to inform on the outcomes of oversight regarding the enforcement of  the Law on Election of the State Great Hural of Mongolia and this regulation, complaints and reports received, determinations and decisions regarding violations of the law and regulation to relevant authorities via e-mail or fax and post official letters by mail.

Annex to the joint resolution #...of General Election Commission,

Communications Regulatory Commission

Dated 2020 ....  ...

 

List of radio and television service providers eligible to submit a statement of intent to broadcast election campaign advertisements

  1. Ulaanbaatar: Radio and television broadcasting license holders

 

 

Name of TELEVISION and channel

Name of special license holder

 

Type of services

Ownership information

Range

Name of the founder and investor

Percentage of ownership

 

1

 

 

 

 

 

 

2

 

 

 

 

 

 

...

 

 

 

 

 

 

 

  1. Aimags, soums and remote districts: Radio and television special license holders

 

Name of TELEVISION and channel

Name of license holder

 

Type of services

Ownership information

Range

Name of the founder and investor

Percentage of ownership

 

1

 

 

 

 

 

 

2

 

 

 

 

 

 

...

 

 

 

 

 

 

 

 

 

 

--oOo---