On January 10, 2019 a new Law of the Republic of Kazakhstan "On Protecting Children from Information Harmful to Their Health and Development" (hereinafter the Law) will come into force.  The Law specifies the new requirements for distribution of informational products in the territory of the Republic of Kazakhstan.

Thus, the distribution of informational products without an age mark on the territory of the Republic of Kazakhstan is not allowed.  The informational products include the following types of products:

  1. Printed periodical publications
  2. TV, radio channels
  3. Documentary films
  4. Internet resource, registered as a network publication
  5. Audiovisual product
  6. Printed matter
  7. Other forms of periodic or continuous public distribution of mass media

Therefore, the new requirements apply to all media, including TV channels, as well as to films and other audiovisual products (for example, music videos).  The Law states that in relation to the following types of products, a mark may be placed or indicated on a voluntary basis:

  1. Informational, entertainment and sports TV programs that are in a live television broadcast
  2. Periodicals specializing in the distribution of information of a socio-political nature
  3. News, information and analytical, socio-political TV programs
  4. Informational products distributed through broadcasting
  5. Advertising
  6. Internet resources (except for online publications)

The age marks are assigned to informational products depending on the age category; in total, the Law establishes six categories:

  1. Who are under the age of 6
  2. Who have reached the age of 6
  3. Who have reached the age of 12
  4. Who have reached the age of 14
  5. Who have reached the age of 16
  6. Who have reached the age of 18 or prohibited for children

The age classification is carried out prior to distribution of the informational products by the owner (if the informational products are produced and (or) made in the Republic of Kazakhstan) and the owner or distributor (if the informational products are imported (delivered) to the territory of the Republic of Kazakhstan).  An age mark is placed on the informational products or indicated by the distributor.

Currently, it is expected that the by-laws, namely, requirements for the age mark, rules and methods for assigning the informational products with the age classification, will be approved and adopted within December 2018 and enacted in January 2019.

According to the new Article 156-1 of the Code of Administrative Offences, the distribution of informational products without indicating age marks entails a warning, and in case the violations are committed repeatedly within a year after the imposition of an administrative penalty, it entails a fine of up to 200 MCIs (approx. €1,200).

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