How to get a media license. How to register media correctly

How to get a media license.  How to register media correctly
How to get a media license. How to register media correctly

Control and supervisory activities over compliance with mandatory media requirements are carried out by territorial bodies of Roskomnadzor without interaction with media representatives in the form of:

  1. Systematic observation
  2. Monitoring

Control measures are carried out in relation to printed publications, electronic periodicals, television programs, television channels, radio programs, radio channels, online publications, as well as in relation to media of other forms of distribution.

Such forms of control and supervisory measures are not inspections in the sense of Federal Law dated December 26, 2008 N 294-FZ “On the protection of the rights of legal entities and individual entrepreneurs in the exercise of state control (supervision) and municipal control”

It is also necessary to distinguish measures to control systematic surveillance in relation to the media from similar measures in relation to licensee broadcasters.

Systematic monitoring activities in relation to the media can be planned or unscheduled. Planned systematic monitoring activities are carried out in accordance with an annual plan approved at the discretion of Roskomnadzor. The current list of planned systematic monitoring activities in relation to the media is reflected by the territorial department of Roskomnadzor in the activity plan published on the Department’s website. In order to find out whether your media is included in the Plan, you need to contact the websites of the territorial departments of Roskomnadzor at the place of registration of the media and at the location of the media editorial office.

Basic requirements checked for HF

Compliance (fulfillment) of requirements Law of the Russian Federation “On Mass Media”

  1. Art. 8 (media registration)
  2. Art. 4 (inadmissibility of abuse of freedom of mass information) and the Federal Law “On Combating Extremist Activities”.
  3. Art. 11 (re-registration and notification)
  4. Art. 20 (editorial charter)
  5. Art. 27 (output)
  6. Art. 34 (storage of materials from radio and television programs)
  7. Art. 37 (erotic publications) in relation to media specializing in messages and materials of an erotic nature

Compliance (implementation) with the requirements of the Federal Law “On Legal Deposit of Documents”

  1. Art. 7 (delivery of legal deposit of printed publications)
  2. Art. 12 (delivery of legal deposit of audiovisual products)
  3. Art. 13 (delivery of legal deposit of electronic publications, programs for electronic computers and databases)

Monitoring

Media monitoring is a form of control over compliance with certain mandatory requirements for the media, carried out without interaction with its representatives. In other words, during monitoring the implementation of the predetermined most significant (from the state’s position) mandatory requirements is monitored.

In accordance with Roskomnadzor Decree No. 21 dated June 29, 2012 “On approval of methodological recommendations for organizing and conducting state control and supervision of compliance with the legislation of the Russian Federation on the media,” territorial bodies of Roskomnadzor conduct media monitoring in the following areas

  1. In the so-called priority areas (countering extremism, identifying cases of drug propaganda, the cult of violence and cruelty, as well as pornography). It is worth noting that other government agencies also control similar areas to varying degrees: the Prosecutor’s Office, the Federal Drug Control Service, the FSB.
  2. In competitive cities (all cities of the Russian Federation with a population of over 100 thousand people) in relation to television programs, television channels, radio programs, radio channels. In this case, compliance with both certain provisions of the RF Law “On the Mass Media” and the licensing conditions of the broadcasting license are checked.

Where do they get media material?

Since during monitoring there are no grounds for interaction with representatives of the media, the territorial departments of Roskomnadzor carry out control measures on legal copies of the media transferred to recipients of documents, subscribe to printed publications, purchase them at kiosks or collect them in places of free distribution, record television and radio channels (programs) ), including with the involvement of the radio frequency service.

HF and monitoring results

Based on the results of systematic surveillance and monitoring activities in relation to the media, authorized Roskomnadzor employees can draw up a protocol on an administrative offense, issue a warning to the media (mass media can be canceled at the request of Roskomnadzor after two warnings), issue an order to eliminate violations, send an official demand or request , conduct unscheduled systematic observation on another subject of supervision.

What to consider

The best solution is to comply with the law, and if in doubt, consult with specialists with experience in this field. Also, the optimal solution may be to conduct an audit of compliance with media legislation. If such an audit is ordered from me, the media representative will receive a report on compliance with mandatory requirements, which are checked by Roskonadzor, the antimonopoly service, and other government agencies.

Monitoring the activity plan of the territorial department of Roskomnadzor at the place of registration of the media or the location of the editorial office (if registration was carried out in the central office of Roskomnadzor) will help to significantly reduce the likelihood of identifying violations in the activities of the media. Three months before the start of systematic monitoring, it is recommended to take enhanced measures to monitor compliance with the law in relation to the media under your control

In some cases, it is possible to establish the fact of a violation by the founder or editorial board of a media outlet after obtaining an explanation from the editor-in-chief or founder of the media outlet. If the editor-in-chief or founder of a media outlet is invited in writing or by telephone to the territorial department of Roskomnadzor to give explanations and (or) draw up a protocol on an administrative offense based on the results of systematic observation or monitoring of the media, it is best to consult with a specialist before making any decisions.

The search for information about media permitting documents is carried out using the register of media names through open data of Roskomnadzor. The administration of the Kobobzor website does not change the data provided by Roskomnadzor and, therefore, cannot be held responsible for its accuracy.

If a media outlet is not found according to the existing criteria, this does not indicate that the media outlet is not registered (they made a mistake when typing the request, the media was suspended by decision of the founder). A document confirming the lack of registration can only be an official response from the registration authority.

The software of the Kobobzor website does not delete information about media outlets from its own database, but only marks them as not found if the next time you access Roskomnadzor’s open data, no information about this media outlet is found. The corresponding mark will be displayed on the media page.

Data is updated once a day.

Please note the list of media:

  • Does not contain information about media outlets whose activities have been suspended by decision of the founder (co-founders).
  • May not contain individual information about mass media registered before 2001.
  • Does not contain information about mass media that are not subject to mandatory registration in cases provided for by law and are not registered at the request of the founders.

If you have decided to create a magazine, newspaper or TV channel, or rather have already thought about such a procedure as mass media registration, then this article is for you. In addition to step-by-step instructions, here you will find useful information in case you are thinking about a new format for an existing printed publication - changing the name or releasing an electronic version of the newspaper. Along with thinking about ideas for content, choosing an editor, and finding competent journalists, there should always be a place for the question: how to register media?

Very important! I do not recommend starting activities without registration, since this entails administrative liability in accordance with the Law of the Russian Federation “On the Mass Media” and the Code of Administrative Offenses of the Russian Federation.

If you are planning thatThe print circulation will be less than 1000 copies, then media registration is not required unless you want , which will be included in the list of peer-reviewed publications of the Higher Attestation Commission.

Registration of a site as a media outlet - It is voluntary, but it provides a number of advantages. If the domain owner wishes, any site can be registered as online media. Subject matter and attendance are not important in this case.
Read more about the advantages of registering a site as a media outlet in the mind map, which can be downloaded by clicking on the button below.

If previously the registration procedure took 30 calendar days, now the period has increased to 30 working days. The countdown starts from the moment the owner of the publication submits an application.

These rules for registering media outlets are regulated by Federal Law No. 239-FZ of July 29, 2017 “On Amendments to the Law of the Russian Federation “On the Mass Media,” which came into force on January 1 of this year.

The same law prescribes a number of innovations for the distribution of foreign periodicals. Thus, the payment of a duty for the distribution of such media is determined, the grounds for a ban on distribution are introduced, and the possibility of revoking a previously issued permit is also provided. According to this law, the same operating procedure is established for foreign periodicals as for domestic media.

The amount of the fee for obtaining permission to distribute foreign media publications is established by Federal Law No. 253-FZ “On Amendments to Articles 33333 and 33334 of Part Two of the Tax Code of the Russian Federation,” which came into force on January 1, 2018.

According to the same law the fees for registration and domestic media have been changed. Its size is directly related to the area of ​​distribution. If the publication is published in the territory of one constituent entity of the Russian Federation, then the owner will have to pay 4,000 rubles for its registration. If it is assumed that the media will be distributed to a larger number of subjects and beyond the territory of Russia, then registration will cost twice as much.

At the same time, the owner of the publication should not forget that when calculating the duty, increasing and decreasing coefficients are retained depending on the specialization of the publication. If the publication is of an advertising nature or contains information of an erotic nature, then a multiplying factor applies. If the publication was created for people with disabilities, for children and adolescents, and also has a cultural and educational format or carries an educational load, then the owner can take advantage of a reduction factor.

Read more about the amount of state duty paid when registering media.

To ensure that the state duty does not remain in unallocated payments to the budget, you need to fill out the payment order correctly. Details can be downloaded by clicking on the button.

Another important point: you must provide the original payment order or receipt for payment of the state fee. If the payment was made via Internet banking, then the payment document must be certified by the bank.

Step 3. Fill out the application.

An application must be attached to the set of documents for mass media registration. Its form can be downloaded by clicking the button.

Please note the following points:

1. If you are registering a site as a media outlet, then the domain name of the site must also be indicated in the application.

2. If the media has a name in a foreign language (relevant for sites that register a domain name as a name), in the “name” section of the application, it is necessary to indicate after the name in a foreign language the translation of the name into Russian.

3. Since Internet sites are accessible from anywhere in the world, in the statement “territory of distribution” it is necessary to indicate “Russian Federation, foreign countries”.

4. The application with attached documents is submitted in one copy. You can submit documents in several ways:

In electronic form through the Unified Portal of State Services;

By post (registered mail with a list of attachments);

Bring it in person.

Step 4. Media registration.

Registration of media outlets is a lengthy process, sometimes taking up to 30 working days from the date of submission of documents until the day you receive an extract from the media register.

After your application and set of documents are accepted by Roskomnadzor and registered, you will receive a notification about this. Then a check is made to ensure that the documents are complete. If you have provided an incomplete package of documents, then everything will be returned to you even without consideration.

If you have prepared a complete set of documents (either yourself or with the involvement of a media lawyer), then a responsible executor is appointed and the process of checking the documents begins for compliance with legal requirements, as well as for whether the information you provided is true. If violations of the legislation of the Russian Federation or false information are detected, you will be denied an extract from the media register. If your documents are legally correctly selected and executed, then Roskomnadzor will decide to issue you an extract. Both a positive and negative decision will be provided to you in one of the following ways:

In the form of an electronic document signed with an electronic digital signature through the Unified Portal of Public Services;
sent by mail;

Handed personally to you.

It should be noted that after registration, not only rights arise, but responsibilities. In particular, within three months from the date of receiving an extract from the media register, you must submit the media charter to Roskomnadzor .

To ensure that you don’t forget anything, we have prepared a “Memo on the actions of a media founder after registration.”

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Media are subject to mandatory registration. Legalization of activities provides a number of advantages.

basic information

The media registration procedure is based on these regulations:

  • Federal Law No. 305 “On amendments to the law on the media” dated October 14, 2014.
  • Federal Law No. 2124-1 “On the Mass Media” dated December 27, 1991.
  • Resolution No. 1107 On approval of the list of documents confirming the publication’s compliance with the provisions of Article 19.1 of the Law “On the Mass Media”.
  • Order of the Ministry of Communications No. 362 “On establishing regulations for the provision of state registration services to the FS” dated December 29, 2011.

The founder of a media outlet can be either a sole proprietor or a legal entity. However, there are some limitations. The following persons cannot be founders:

  • Individuals who have not reached the age of majority.
  • Persons declared incompetent.
  • Persons in prison.
  • Stateless persons.
  • Legal entities whose activities are not legal.

If these persons send papers for registration, they will be denied a certificate.

What applies to the media

The list of sources that relate to the media is contained in the Federal Law “On the Mass Media” dated December 27, 1991. It can be:

  • Printed publications.
  • Radio programs, television programs.
  • Releases in video format.
  • Advertising publications.
  • Religious brochures, etc.

However, not all publications that have the characteristics of mass media must be registered. Let's consider those sources that are subject to legalization:

  • Periodicals with a circulation of more than 1000 copies.
  • The publication must have a number and a permanent name. It must exist for more than a year.
  • Visual publications (radio, television programs, videos, newsreels) with a permanent title. They are subject to registration only if they exist for more than a year.
  • News agencies, which also belong to the media.
  • Other sources (for example, websites, online publications), the regular audience of which is more than 3,000 visitors.

It is not necessary to register media outlets in these circumstances:

  • The founders of the source are government agencies. The media in this case serves as a platform for posting official messages.
  • Circulation less than 1000 copies.
  • Visual programs distributed within a single institution.

Despite the fact that registration in these cases is not mandatory, it can be done voluntarily.

IMPORTANT! Media operating as legal entities are registered separately.

Why registration is needed

State registration serves two purposes: ensuring control over the dissemination of information and preventing abuse of freedom of speech. What are the goals of the media themselves going through the procedure? There are many of them:

  • Obtaining legal immunity for your source of information.
  • The ability to legally conduct business and derive profit from it.
  • Obtaining accreditations for media representatives for events and conferences.
  • Possibility of sending requests to government agencies. Representatives of these structures are required to respond to official requests.
  • Obtaining the right to non-disclosure of the source of published information.
  • Media materials will be subject to the Copyright Law.
  • The site does not accept responsibility for comments on materials that violate laws.
  • Obtaining official status.
  • Reducing administrative risks.
  • Opportunity to take advantage of tax benefits.

If the media is officially registered, the publication's employees receive the status of journalists. They can contact the Union of Journalists, where they will be issued an identification (press card). The certificate is a kind of pass to various business and political events. Employees can also participate in rallies as journalists.

Registration procedure

Registration of media outlets is a rather lengthy procedure, which includes collecting papers and contacting government agencies.

Preparation

Registration is preceded by a number of procedures, since the media must comply with regulatory requirements. The main step is to create a name for the publication. The media can only operate under the name under which the entity was registered. Even if one word is added to this name, you will need to re-register. The title of the publication may:

  • do not reflect the specifics of the company’s activities;
  • does not match the domain name;
  • be foreign (when registering, you must provide a translation of the name).

The second step is the formation of a list of persons who will be the founders of the publication.

IMPORTANT! The name must be unique. The name of a magazine and a newspaper from the same publisher cannot be the same. However, the name of the magazine/newspaper and the website may be the same. After the name has been invented, you should go to the Roskomnadzor website. The portal will allow you to confirm that similar media names have not been registered.

Collection of documents

The list of required papers is set out in Articles 13, 18, 20 of the Law “On the Mass Media”. If the founder is a legal entity, you will need these documents:

  • Receipt for payment of duty.
  • Power of attorney if documents are submitted by a representative.
  • Certified copies of constituent papers.
  • List of participants for LLC, extract of the register of shareholders for OJSC.

If the founder is a sole proprietor, you will need these documents:

  • Receipt for payment of duty.
  • Power of attorney when presenting papers by a representative.
  • Identity papers (passport).

If a website is registered as a media outlet, you will need copies of documents establishing the right to use the domain name. You can obtain this paper from the name registrar. It can be ordered online. The document is sent by mail.

IMPORTANT! If several media outlets are registered, documents must be collected for each publication.

Filling out the application

Once the package of documents has been collected, you can begin drawing up the application. When filling it out, you need to take these features into account:

  • If you are registering a website, you must indicate its domain name in the application.
  • If the title of the publication is foreign, you must first indicate the name in a foreign language, and then provide the translation.
  • A representative of any country can visit the site. Therefore, in the “territory” paragraph it is necessary to register the Russian Federation or other states.

The documents and application are sent to Roskomnadzor. They can be submitted in person, through a representative, by mail or electronically. In the latter case, you need to use the Government Services Portal.

Review of documents by Roskomnadzor

When Roskomnadzor receives documents, a corresponding notification is sent to the founder. After this, specialists begin checking the papers. If the founder sent an incomplete set of documents, all papers are returned to the sender. If a complete set of documents is sent, specialists begin to check them for compliance with the law. The authenticity and reliability of the papers is also established. Registration of media will not be carried out in the following cases:

  • The documents do not comply with the law.
  • The information contained in the papers does not correspond to reality.
  • The documents are not completed correctly.
  • The founders of the publication do not have the right to register it.

The decision to register is sent in electronic format. An alternative is to serve the notice in person.

Registration of the publication

Registration of media outlets takes up to a month from the date of sending the documents. At the end of the procedure, the founder is provided with a certificate. From the moment the certificate is received, the media has a number of obligations. In particular, the founder must send the publication’s charter to Roskomnadzor within 3 months.

Amount of state duty for mass media registration

The amount of the duty will be the same for both residents and non-residents of the country on the basis of Article 19 of the Federal Law “On Amendments to the Mass Media” dated August 4, 2001. Payment can be made using either cash or bank transfer. However, in any case, you need to keep a document confirming the fact of payment. Confirmation can be either a payment order (for non-cash payment) or a receipt (for cash payment). The receipt indicates the type of publication to be registered.

The amount of duty for different media distributed throughout the Russian Federation will be different:

  • A publication published at a specified frequency - 6,500 thousand rubles.
  • Agencies – 8,000 rub.
  • Visual programs, radio – 10,000 rubles.

If the issues are distributed on the territory of one subject of the state, the amount of the duty will be as follows:

  • Edition – 3,500 rub.
  • Agency – 4,000 rub.
  • Visual programs and radio – 5,000 rubles.

If the founder receives the certificate in hand, a payment of 20% of the fee is charged for this. If changes need to be made to the certificate, the fee for this will be the same. The new duties come into force on January 1, 2018. They were established by Federal Law No. 253 of July 29, 2017.

The amount of the duty may vary depending on the specifics of the media activity:

  • Advertising publications – the fee is multiplied by 5 times.
  • Erotic publications – 10 times.
  • Media intended for children, people with disabilities, cultural and educational magazines - the tariff is reduced by 5 times.

A registration certificate is issued only if the founder has paid the fee. If there is no payment receipt, the submitted documents will not even be considered.

Features of accounting for media registration costs

If registration is carried out by a legal entity, registration costs must be correctly taken into account for tax purposes. All expenses (including payment of duties) will be considered expenses for the main areas of activity on the basis of paragraph 1 of Article 252 of Chapter 25 of the Tax Code of the Russian Federation.

Responsibility for activities without registration

If the media operates without registration, the founders will be held liable on the basis of Article 13.21 of the Code of Administrative Offences. Let's consider the amounts of fines:

  • For individuals – 1000-1500 rubles, as well as confiscation of the publication.
  • For officials - 2000-3000 rubles, as well as confiscation.
  • For legal entities – 20,000-30,000 rubles. with confiscation of the publication.

IMPORTANT! Website owners may also be subject to liability. Corresponding judicial practice already exists. In particular, the case was opened against the New Focus website, which was not registered in the prescribed manner. The owners were fined 20,000 rubles. The site was confiscated.

Is it worth registering a website as a media outlet?

The Law “On Mass Media” also applies to website owners. However, if the registration procedure is fully followed when creating magazines and newspapers, then site owners often violate the law. This is partly due to confusion. Many owners of virtual resources have little understanding of the laws and do not know whether they need to register. If the owner knows exactly what is not needed, the question arises about the meaning of undergoing voluntary legalization. Let's consider the advantages of this procedure:

  • No one except the founders and the state will be able to close the site. That is, the resource receives legal immunity.
  • In order to receive accreditation for any event, you need to have a journalist ID. Only a media employee can receive it.
  • The site is granted the right to receive information. Representatives of the resource can send requests to government agencies, and they must be answered as soon as possible.
  • Information from the site is subject to journalistic confidentiality. That is, the source of information may not be disclosed. Disclosure is only required if there is a legal request to do so.
  • Copyright protection begins to apply to the resource. That is, if someone publishes materials from this site, they must post a link to the source.
  • The media is exempt from liability. If comments are posted on the site that are untrue and violate the law, the owner of the resource will not be punished.
  • Employees of the virtual publication are vested with full journalistic powers. Specialists gain access to information and are given the right to send requests and perform filming.
  • Possibility of legally attracting advertisers.

There are benefits related purely to the reputation of the site. In particular, having a certificate of registration provides some competitive advantage. The site gains greater authority among the audience. It becomes easier for founders to hire employees. The latter, in turn, becomes easier to work with. It becomes easier for site owners to make a profit from their activities, since advertisers are more “liked” to place advertising materials on official resources with a large audience.

There is a high probability that the requirements for website owners and bloggers will soon become more stringent. If previously the Internet was practically not controlled in any way, now more and more new acts relating to the virtual environment are being adopted. Therefore, it makes sense to take care of the legal conduct of your activities in advance.

The disadvantages of registration are also obvious. This is the duration of the procedure, the need to collect documents, and pay a fee. Is it worth registering a site? It all depends on the specifics of his work. If a resource positions itself as a serious publication and has existed for a long time, it is definitely worth registering. If the site has just been created and does not have a permanent audience, you can postpone this procedure.

IMPORTANT! Website registration is regulated by Federal Law “97 “On Information Technologies” dated July 21, 2014.

- Decree of the Government of the Russian Federation dated October 16, 2015 N 1107 “On approval of the list of documents indicating compliance by the founders (participants) of mass media, editorial offices of mass media, organizations (legal entities) carrying out broadcasting, with the requirements of Article 19.1 of the Law of the Russian Federation “On Mass Media” information"(RTF, 63.13 Kb);

- Order of the Government of the Russian Federation dated October 6, 2011 No. 1752-r “On approval of the list of documents attached by the applicant to the application for registration (amending the registration record) of the mass media”(DOCX, 13.39 Kb);

- Order of Roskomnadzor dated May 17, 2019 No. 100 “On approval of the Administrative Regulations for the provision by the Federal Service for Supervision of Communications, Information Technologies and Mass Communications of the state service for registration of mass media”(PDF, 2.50 Mb).

State duty amounts(PDF, 1.11 Mb)

Domains and media (PDF, 336.76 Kb)

Notice of termination of a media outlet's activities(DOCX, 12.60 Kb)

Sample form of power of attorney (template)(RTF, 92.23 Kb)

Sample form of power of attorney (sample)(RTF, 96.34 Kb)

Receipt form No. PD-4 sb (tax) Details are indicated for registration in the CA. When registering with a territorial body, the details must be clarified on the websites of the territorial bodies (template)(RTF, 19.78 Kb)

Receipt form No. PD-4 sb (tax) Details are indicated for registration in the CA. When registering with a territorial body, the details must be clarified on the websites of the territorial bodies (sample)(DOCX, 19.61 Kb)

Payment order form Details are provided for registration in the CA. When registering with a territorial body, the details must be clarified on the websites of the territorial bodies (template)(XLS, 69.00 Kb)

Payment order form Details are provided for registration in the CA. When registering with a territorial body, the details must be clarified on the websites of the territorial bodies (sample)(PDF, 197.60 Kb)

Document on the transfer of rights to the media to a third party with the consent of the editors(RTF, 135.73 Kb)

Notification of the founder and (or) editorial office of the media about compliance with Article 19.1 of the Law of the Russian Federation “On the Mass Media” (sample)(XLSX, 14.34 Kb)

Notification of the founder and (or) editorial office of the media about compliance with Article 19.1 of the Law of the Russian Federation “On the Mass Media” (template) (