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Introduction
The dynamic evolution of the media and entertainment industry, and the development of new instruments and technologies, has resulted in legislative activity aimed at navigating the fast-changing landscape in this sector.
Recent trends include continued improvement of the applicable legislation. In this chapter, special attention is devoted to the introduction of new regulations in the mass media and the intellectual property sphere, and to legislative developments focusing on issues of personal data protection.
The Strategy in the Sphere of Intellectual Property for 2021–20302 and the Action Plan for the Implementation of the Strategy for 2021–2023 have already been adopted. These documents address, inter alia, combating counterfeit goods in the digital sphere, product protection in the era of globalisation and the protection of intellectual property assets in situations requiring a prompt response.
The Information Security Concept 2019 (Concept)3 addresses the issue of harmful content dissemination in the informational sphere. The Concept is a system of official views on the nature of, and content relating to, ensuring national security in the informational sphere. It also defines strategic tasks and priorities in the field of information security. In particular, the Concept establishes that relations in the field of mass media are based on the principles of legality, reliability, respect for human rights and freedoms, diversity of opinions and protection of morality, among other things. Along with the constitutional provision of freedom of speech in Belarus, to comply with these principles, legislative requirements are established for the dissemination of mass media products that are consistent with international practice and generally accepted social standards. There is public control over the dissemination of illegal and inaccurate information in the information space. At the state level, measures are being taken to prevent the dissemination of both information that could harm national interests and inaccurate information, as well as seeking to reduce anonymity in the information space. When broadcasting content, it is not permitted to use hidden technological methods that affect people's subconscious or have a harmful effect on their health. State bodies and other organisations must follow the Concept in their practices.
Current legislation stipulates that an additional authorisation is needed to carry out activities in the media sector. According to the Mass Media Law,4 mass media entities are subject to a state registration procedure. Television (TV) and radio broadcasting are subject to an additional requirement for a licence, which may be obtained by a mass media editor or by a foreign organisation. However, a licence is not needed in the following cases if the broadcasting is carried out by a telecommunications operator without changing the form or content of the broadcast product:
- under a permit to distribute the products of a foreign mass media;
- under a contract with a legal entity entrusted with the editorial functions of a mass media entity; or
- if the foreign organisation has a licence in the field of broadcasting.
The Mass Media Law defines an internet resource as a website, web page, forum, blog, application for a mobile device, or other information resource (or its component), located on the internet and used for mass media distribution. As a general rule, the Mass Media Law applies to internet resources. An internet resource may voluntarily register as an online edition and, consequently, be treated as a mass media entity under the Mass Media Law and its employees treated as journalists.
Certain regulations apply specifically to internet resources. The Mass Media Law provides for a number of duties for internet resource owners, including social network owners, and these involve the introduction of additional measures for analysing and monitoring information on the internet resources. In particular, further to the Mass Media Law requirement, the Regulation on the Procedure for Preliminary Identification of an Internet Resource or Online Edition Users5 elaborates the user identification requirements. The owner of an internet resource or online edition must identify users that leave a message in a comments section or forum, in particular, via the short message service verification mechanism.
On 7 October 2023, the amendments to the Mass Media Law came into force. Such amendments imply the improvement of mechanisms for protecting national interests in the media sphere, including, inter alia, the possibility of a prohibition of the activities of foreign media on the territory of Belarus.
The Decree on News Aggregators6 introduces additional rules for publication of materials by news aggregators, including a requirement to store certain background information about publications.
