Approved by Decision
# 26/115
dated on September 7, 2005 of the
Central Election Commission
of the Republic of Azerbaijan
I N
S T R U C T I O N
on rules for providing with airtime in channels
of TV and radio companies related to the conduct
of pre-election campaign and publication of
pre-election campaign materials in periodicals
in Elections to the Milli Majlis of the Republic
of Azerbaijan
Common provisions
1.1. The Instruction is aimed to assist the
persons participating in this procedure of elections
related to following the rules for conducting
pre-election campaign and requirements of the
legislation regulating this process in Elections
to the Milli Majlis of the Republic of Azerbaijan
(hereafter referred to the Milli Majlis).
The Instruction was prepared in accordance with
the requirements of Article 47 of the Constitution
of the Republic of Azerbaijan, Election Code
of the Republic of Azerbaijan (hereafter referred
to as Election Code) and Law of the Republic
of Azerbaijan “On mass media” and it regulates
some issues concerning pre-election campaign,
as well as rules and terms for using channels
of TV and radio companies of registered candidates,
political parties and political party blocs
and the publication of pre-election campaign
materials in periodicals.
1.2. The comment of some concepts used in the
Instruction:
Registered candidate –person registered pursuant
to Election Code to be elected to the Milli
Majlis;
Political party bloc – established by two or
more poitical parties to participate in Elections
to the Milli Majlis together and the organization
having the same rights as political parties
have in elections;
Pre-election campaign via TV and radio medium
– dissemination of the information in the form
defined by legislation to campaign among voters
to vote for or against any candidate;
Pre-election campaign via periodicals - dissemination
of the information via periodicals in the form
defined by legislation to campaign among voters
to vote for or against any candidate;
Types of pre-election campaign – speeches, interviews,
press conferences, open discussions, debuts,
round tables, political advertisements, TV essays
and video films on the candidate (excluding
feature films);
Speech - personally address of the registered
candidate to deputy to participate in Elections
to the Milli Majlis;
Interview – replies of the authorized representative
of the registered candidates, political parties,
blocs of political parties whose candidates
have been registered to the given questions
in meetings with representatives of state and
non-state mass media;
Press conference – explanation of pre-election
campaign program of the candidate by the authorized
representative of the candidate to presidency,
political parties, blocs of political parties
and other persons specified by the law before
the representatives of mass media including
the replies to questions;
Open discussions - attitude of the registered
candidate, representative of the political party
or political party bloc to this or another issue;
Debut – open views exchange on the problems
with public importance and included in the pre-election
programs of two and more registered candidates,
political parties, blocs of political parties;
Round table – interview and views exchange among
the registered candidates, representatives of
political parties, blocs of political parties
and representatives of mass media, TV and radio
audience and readers within the framework of
pre-election campaign measures;
Political advertisement – dissemination of the
information on registered candidates using methods
and means that differ advertisement materials
from other information kinds and janres (its
striking, brief, repeated, emotional effect
being strong from logical effect) in order to
form public opinion of participants of the election
process for or against any candidate.
Period and subjects of pre-election campaign:
2.1. Pre-election campaign related to Elections
to the Milli Majlis shall commence 60 days prior
to the voting day in the case defined by legislation
and shall be stopped 24 days prior to the beginning
of the voting. On the voting day and the day
before it, the conduct of pre-election campaign
in any form shall be prohibited.
2.2. Registered candidates on single-mandate
constituencies, political parties and political
parties whose candidates have been registered,
political parties and political party blocs
whose candidates have been registered in more
than 60 constituencies shall have the right
to airtime allocated by TV and radio organizations
for the conduct of pre-election campaign in
case and time defined by the legislation. The
mentioned subjects shall realize these rights
pursuant to Election Code and the Instruction.
2.3. TV and radio broadcasting organizations
that are considered to participate in the process
of pre-election campaign regarding type of property
and broadcasting opportunities are the following:
- organizations, founders of which are state
bodies, offices and are broadcasted to half
or more than half territory of the Republic
of Azerbaijan;
- relevant companies of TV and radio broadcasting
organizations, founders of which are state bodies,
offices and are broadcasted to half or more
than half territory of the Republic of Azerbaijan;
- organizations, founders of which are state
bodies, offices and are broadcasted to few areas
of the Republic of Azerbaijan;
- founders of which are municipalities and broadcasted
within the relevant municipality;
- founders of which are physical and legal entities
and based on private property.
2.4. Periodicals that are considered to participate
in the process of pre-election campaign regarding
type of property and broadcasting opportunities
are the following:
- periodical press publications – founders of
which are state bodies, organizations, offices
and financed by the state budget;
- broadcasted to half or more than half territory
of the Republic of Azerbaijan and issued at
least once in a week;
- broadcasted to less than half territory of
the Republic of Azerbaijan and issued at least
once in a week;
- municipal periodical press publications –
founders of which are municipalities and issued
at least once in a week;
- private periodicals – founders of which are
separate physical or legal entities.
Airtime allocated by the mentioned TV and radio
broadcasting organizations for the conduct of
pre-election campaign, as well as space allocated
by periodical publications shall be implemented
on paid or free bases.
3. Rules and terms for allocating free airtime
and space in periodicals in TV and radio broadcasting
organizations:
3.1. In more than 60 constituencies political
parties, political party blocs whose candidates
have been registered shall have the right to
get free airtime in channels of TV and radio
broadcasting organizations the founders of which
are state bodies, offices, organizations and
broadcasted in half part of the territory of
the Republic of Azerbaijan, as well as relevant
space for free publication in periodicals issued
at least once in a week and broadcasted in half
part of the territory of the Republic of Azerbaijan.
3.2. Central Election Commission shall publish
the list of these TV and radio broadcasting
organizations and periodical editorials in accordance
with the presentation by the relevant executive
authority not later than 20 days since the day
of official publication of the decision on the
appointment of elections.
3.3. Free airtime provided by TV and radio broadcasting
organizations shall be distributed among political
parties and political party blocs whose candidates
have been registered according to their application
by conducting lottery in more than 60 constituencies
within one week, 60 days prior to the voting
day.
3.4. Information by Central Election Commission
on the place and time of the lottery shall be
published at latest 24 hours prior to the conduct
of the lottery.
3.5. Members of election commissions, candidates,
registered candidates and the authorized representatives
or agents, agents of political parties and blocs
of political parties, citizens of the Republic
of Azerbaijan who got observer`s status in the
case defined by legislation and international
observers shall have the right to participate
in the lottery.
3.6. On the declared day, time and place, the
lottery commission conducts lottery among political
parties and blocs of political parties candidates
of which have been registered in more than 60
constituencies and applied to use airtime, authorized
representatives of political party blocs by
participation of the subjects implied by Article
3.5 of the Instruction.
3.7. For the lottery four-cornered sheets are
prepared that are at the same size and amount
not differing from each other according to the
number of subjects, the lottery is conducted
among. By indicating the volume of airtime and
space allocated in periodicals, these sheets
are numbered, folded in four places and mixed
in the box. Then, each of authorized representatives,
of the subjects, the lottery is conducted among
takes a fold from the box by turns and declares
the written number.
3.8. A tabulation sheet is compiled by the lottery
commission for providing with airtime and this
tabulation sheet shall be approved by Central
Election Commission (Appendice # 1 made to Instruction).
3.9. In more than 60 constituencies political
parties, political party blocs whose candidates
have been registered shall have the right to
get relevant space for free publication in periodicals
issued at least once in a week and broadcasted
in half part of the territory of the Republic
of Azerbaijan.
3.10. The lottery related to the allocation
of space in periodicals shall be conducted pursuant
to the requirements of items # 3.5-3.7 of the
Instruction in periodical editorials 60 days
prior to the voting day. Results of the lottery
shall be made official and the tabulation sheet
shall be compiled (Appendice #2 made to the
Instruction).
3.11. Total volume of free airtime allocated
for pre-election campaign by TV and radio broadcasting
organizations the founders of which are state
bodies, offices, organizations or financed by
the state budget and broadcasted in half part
of the territory of the Republic of Azerbaijan
shall not be less than 3 hours in a week.
3.12. Total volume of publication pages freely
allocated in periodicals the founders of which
are state bodies, offices, organizations or
financed by the state budget and broadcasted
in half part of the territory of the Republic
of Azerbaijan should contain10 % of the total
volume of weekly periodical pages.
4. In more than 60 constituencies political
parties, political party blocs whose candidates
have been registered shall have the right to
get free airtime in channels of TV and radio
broadcasting organizations the founders of which
are state bodies, offices, organizations and
broadcasted in half part of the territory of
the Republic of Azerbaijan, as well as relevant
space for free publication in periodicals issued
at least once in a week and broadcasted in half
part of the territory of the Republic of Azerbaijan.
4.1. Constituency Election Commission shall
publish the list of these TV and radio broadcasting
organizations and periodical editorials in accordance
with the presentation by the relevant organization
and editorial office not later than 50 days
since the day of official publication of the
decision on the appointment of elections.
4.2. Free airtime provided by TV and radio broadcasting
organizations shall be distributed among political
parties and political party blocs whose candidates
have been registered equally according to their
application by conducting lottery in less than
60 constituencies within one week, 60 days prior
to the voting day.
4.3. Information by Constituency Election Commission
on the place and time of the lottery shall be
published officially at latest 24 hours prior
to the conduct of the lottery.
4.4. Members of election commissions, candidates,
authorized representatives of registered candidates,
authorized representatives or agents, agents
of political parties and blocs of political
parties, citizens of the Republic of Azerbaijan
who got observer`s status in the case defined
by legislation and international observers shall
have the right to participate in the lottery.
Tabulation on providing with airtime as the
result of lottery shall be compiled by the lottery
commission consisting of 3 Constituency Election
Commission members and shall be approved by
the Constituency Election Commission (Appendice
# 1 made to Instruction).
4.5. The lottery shall be conducted on the day,
hour, time and place declared by the lottery
commission and in time and case defined by the
Instruction.
5. Lottery related to allocating space in periodicals
broadcasted in less part than the half of the
territory of the Republic of Azerbaijan and
issued at least once in a week shall be conducted
by the participation of the interested persons
implied by item # 4.5 of the Instruction in
the editorials of periodicals 60 days prior
to the voting day. Results of the lottery shall
be made official by protocol and the tabulation
shall be compiled (Appendice # 2 made to Instruction).
6. Airtime allocated for the subjects above-mentioned
by TV and radio broadcasting organizations the
founders of which are state bodies, offices,
organizations or financed by the state budget
and broadcasted in less part than half of the
territory of the Republic of Azerbaijan shall
not be less than an hour 30 min. in a week.
If general duration of the programs of these
organizations is less than 2 hours in a day,
the stated airtime shall not be less than ¼
part of the total volume of the broadcast.
7. Distribution table of the airtime and periodical
publication defined at the result of lottery
shall be published in periodicals broadcasted
in less part than the half or half and more
than the half of the territory of the Republic
of Azerbaijan, otherwise, shall be published
in the relevant Constituency Election Commission
(by hanging and by other methods).
8. Expenses paid by TV and radio organizations
for the allocation of free airtime and publication
in periodicals during pre-election campaign
of candidates, political parties and political
party blocs shall paid by financing from the
state budget.
9. Subjects participated in elections and collected
less than 3 % of valid votes in this constituency
shall pay compensation for airtime allocated
for them by the organizations and periodicals
allocated airtime for them in pre-election campaign.
The amount shall be paid at latest 10 days since
the day of official publication of electoral
results.
10. Rules and terms for the allocation of airtime
in channels of TV and Radio Companies and paid
space in periodicals:
10.1. Organizations the founders of which are
state bodies, offices, organizations or financed
from the state budget and broadcasted in less
part than the half or more than the half of
the territory of the Republic of Azerbaijan,
as well as their relevant sections, organizations
the founders of which are state bodies, offices,
organizations and broadcasted in less part than
the half of the territory of the Republic of
Azerbaijan and organizations the founders of
which are municipalities and private TV and
radio organizations can allocate paid airtime
and periodical editorials can allocate paid
space in their own pages for registered candidates,
political parties , political party blocs whose
candidates have been registered.
10.2. Compensation of the paid airtime allocated
by the mentioned TV and radio broadcasting organizations
and space allocated by periodicals shall be
paid based on equal bases and terms.
10.3. The relevant TV and radio organization
and periodical editorial shall send notification
to the pre-election campaign subjects, Central
Election Commission or Constituency Election
Commission on the paid airtime and paid space
in periodicals allocated for pre-election campaign,
as well as shall publish information on the
compensation amount for the allocated airtime
and space for publication no later than 50 days
after the day of official publication of the
appointment of elections.
10.4. Compensation mount for the airtime allocated
for pre-election campaign subjects, as well
as the amount for the space allocated in periodicals
shall be equal for all candidates.
10.5. Total volume of the paid airtime allocated
by TV and radio organizations excluding those
the founders of which are municipalities and
private organizations, shall not be less or
two times more than the total volume of free
airtime. Total volume of the space allocated
for paid publication in pages of publications
shall not be less than the volume of the allocated
free publication pages. The airtime and space
for publication allocated by the private organizations
and organizations the founders of which are
municipalities shall be settled based on the
discussions of these organizations.
10.6. Usage nor for each registered candidate
from the airtime and space for publication on
paid bases of political parties, political party
blocs whose candidate shave been registered
regardless of the number of their candidates
shall be determined by dividing this time and
total volume of the space to the number of the
subjects the lottery is considered to be conducted
among them.
10.7. Date and time of broadcasting pre-election
campaign materials shall be determined by TV
and radio organizations and periodical editorials
a the results of the lottery conducted among
the lottery subjects by the participation of
the persons implied by Article 3.5 of the Instruction
based on the notification submitted by political
parties, political party blocs whose candidates
have been registered or their authorized representatives
regardless of the number of registered candidates
and candidates.
10.8. The lottery for the allocation of airtime
and space in periodicals shall be conducted
in time and order defined by the Instruction.
10.9. After the conduct of the lottery, airtime
and space for publication in periodicals shall
be submitted according to the signed contract.
The contract should contain the following:
- form of pre-election campaign;
- date and time of broadcast;
- duration of the provided airtime, volume,
payment oder and volume of the space allocated
for publication;
- participation form and terms for the leading
journalist in the processes of TV and radio
broadcasts;
- the act should be signed on the usage of airtime
by indicating the name of the program and time
of the broadcast.
10.10. After the conduct of lottery, if the
usage of airtime and space allocated in the
pages of periodicals is refused, then the relevant
TV and radio organization shall be informed
on this 2 days prior to the broadcast and at
least 5 days prior to the publication day the
relevant periodical editorial shall be informed.
10.11. Registered candidates, political parties
and blocs of political parties shall submit
the payment request on the transference of the
funding to pay the airtime to the relevant bank
in the whole value at latest 48 hours prior
to the providence of airtime and campaign materials
shall submit to the relevant bank at least 2
days prior to the publication day. The bank
shall transfer the funding without any delay.
Term of the payment not in cash should not exceed
2 banking days.
10.12. Payment for the airtime and space allocated
in pages of periodicals should be reimbursed
on the account of the election funds.
10.13. While annulling the treaty, TV and radio
broadcasting organizations are not allowed to
use unrestricted airtime for pre-election campaign,
as well as to use periodical pages in this aim.
10.14. When organizations the founders of which
are municipalities, private TV and radio broadcasting
organizations, periodical editorial offices
adopt decision on the possibility of allocating
space for pre-election campaign, then they shall
send relevant notifications on this to candidates,
political parties, political party blocs, Central
Election Commission, Constituency Election Commissions
and publish the information on the bases, terms
and amount of the payment for providing with
airtime and locating pre-election campaign materials
in periodical pages at latest 50 days after
official publication of the decision on appointment
of elections.
11. Free or paid airtime allocated by TV and
radio organizations and free or paid space allocated
in periodical pages for pre-election campaign
shall be registered in the relevant TV and radio
organization or periodical editorial office
pursuant to requirements of Article 79 of Election
Code. Registration should be conducted as separate
book and there should be indicated the date
of allocating space and character of the published
campaign material for each registered candidate,
political party or political party bloc. Related
to the political party or political party bloc
Central Election Commission shall be informed
on the registration at latest 5 days prior to
the voting day and at earliest after 5 days
since the voting day and related to registered
candidates to deputy in single-mandate constituency
the relevant Constituency Election Commission
shall be informed.
12. Restrictions related to the conduct of pre-election
campaign in mass media
12.1. The following persons shall be prohibited
to conduct pre-election campaign:
- foreign countries and foreign legal entities;
- foreign citizens;
- persons without citizenship;
- citizens under 18;
- if the norm of participation (property) of
foreign countries, foreign citizens or persons
without citizenship is more than 30 % in the
charter capital of legal entities of the Republic
of Azerbaijan because of the position up to
the day of official publication of the decision
on appointment of elections, then legal entities
of the Republic of Azerbaijan;
- international organizations and international
public movements;
- state authorities and municipalities;
- state, municipal organizations and offices;
- legal entities, the norm of participation
of the state or municipality is more than 30
% in the charter capital because of the position
up to the day of official publication of the
decision on appointment of elections;
- military units;
- charity organizations, religious unions, offices,
organizations;
- persons transferring anonymous donations;
- persons having post in state bodies, offices,
organizations or municipalities who use the
priority of their posts or service while implementing
their duties or service obligations;
- state or municipal workers;
- election commissions, members of election
commission with decisive rights and other incumbents.
12.2. During the conduct of pre-election campaign
of the registered candidate, political parties,
political party blocs TV and radio organizations
shall be prohibited to do the followings:
- to stop giving with pre-election campaign
materials by providing with goods, works and
service advertisements;
- to stop giving pre-election campaign materials
in channels of TV and radio broadcasting organizations
by giving other TV and radio programs;
- to require payment for the information on
the conduct of pre-election campaign activities.
Organizations provided with facilities for the
conduct of pre-election campaign and other subjects
of pre-election campaign shall implement the
commitments they took upon themselves according
to the contract.
13. When pre-election campaign subjects offend
terms defined by the contract during using airtime
and periodicals, TV and radio organizations
can apply to the court for the cancel of the
contract on providing with airtime and space
for publication.
14. Press Group consisting of journalists and
established by Central Election Commission of
the Republic of Azerbaijan pursuant to Article
74.5 of Election Code shall control following
rules for pre-election campaign via periodicals
and defined by Election Code and the Instruction.
Offending these terms shall cause liability
in the case defined by law.
