As of 9 February 2022, Law No 471-VIQ, dated 30 December 2021, On Mass Media (the "Law") came into effect.
The Law defines audio-visual media as media that provide television and radio broadcasting, including custom broadcasting services to a user in an audio and (or) visual form by various technical methods and means.
Furthermore, an audio-visual media activity is subject to licensing one and, consequently, as of 15 April 2022, certain changes were introduced to Law No 176-VQ, dated 15 March 2016, On Licenses and Permits, and Law No 223-IIQ, dated 4 December 2001, On State Duty.
Pursuant to the above changes, the following audio-visual media activities as prescribed by the Law are licensable, subject to the relevant state duties:
Audio-Visual Media Activity | State Duty (AZN) |
nationwide terrestrial television broadcaster | 5,000 |
nationwide terrestrial radio broadcaster | 2,500 |
regional terrestrial television broadcaster | 1,500 |
regional terrestrial radio broadcaster | 500 |
satellite broadcaster | 2,500 |
broadcaster that does not perform satellite broadcasting | 1,500 |
subscription broadcasting service provider | 500 |
simple platform operator | 1,500 |
universal platform operator | 2,500 |
multiplex operator | 2,500 |
Licensing of nationwide and regional terrestrial television and
radio broadcasters, satellite broadcasters and multiplex operators
is carried out on a competitive basis by the Audio-Visual Council
of the Republic of Azerbaijan (the
"Council"). The fee to participate in
the competitive selection is equal to two percent of the state duty
prescribed for a relevant license and is non-refundable.
Licensing of other audio-visual activities is carried out based on individual applications.
An issued license may be suspended in the following cases:
- pursuant to an applicant's request;
- if a license holder fails to comply with the instructions of the Council to eliminate violations of the Law and the decisions of the Council; and
- if an infrastructure operator appeals to the Council that a relevant service fee has not been paid during six months (applicable in case of a terrestrial broadcaster).
The Law also provides for cases of revocation of a license and includes among others the following:
- an applicant's request;
- a court decision;
- bankruptcy of a license holder;
- upon removal of the activity from the list of activities requiring a license;
- if a broadcast is not carried out within six months of obtaining a license;
- if a broadcast is not carried out for thirty consecutive days or sixty days within a year (apart from cases of suspension by the Council); and
- if a license holder is held administratively liable in relation to audio-visual broadcasting at least five times a year.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.