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First Items:
The document
aims to regulate broadcast, retransmission, and its
reception in the Arab region, guarantee respect of right
of expression, spreading culture, and activating
cultural dialogue through satellite broadcast.
Second Item:
The
following words and phrases shall whenever mentioned
herein, be deemed to have the following meaning: -
"Satellite Broadcast"
means every broadcast, transmission, encrypted or
unencrypted sound, images or both, any other
representation thereof or for signals or any writings
do not describe by special corresponding, through
satellites the way to be received and interacted by
public, classes or certain individual thereof, including
the cases wherein audience can select time of
transmission and place of reception."Satellite
Broadcasting Organization"
also called
"Broadcasting Organization", means every normal or
artificial person or body assumes or responsible about
any Radio-TV satellite research works that fulfills its
forming terms according to these principles and its
establishing law, implemented by its initiative and
responsibility about any satellite broadcast act or what
preceded by works for broadcast, this includes all
former broadcast works such as : collecting, production,
purchasing, storing, scheduling broadcast articles or
any other materials protected by regulated legislations
of Intellectual Property and its related rights."Broadcast
Service"
Preparing or providing programs and includes all
audiovisual materials according to the definition of
broadcast."Program"
everything
prepared to be broadcasted or transmitted via satellite
broadcast systems to be received by public or viewers,
involves: all audiovisual materials, result of activity
practiced by broadcast organizations that’s; broadcast,
transmission, or availability and works preceded it,
including varieties, all kinds of artistic programs,
materials resulting from collecting, storing broadcast
articles, scheduling, or transmitting it in signals
prior to broadcast. Every broadcast or any valid
material; artistic, scientific or literary variety for
broadcast considered as program, also what attached
hereby of works, performs, programs, series,
entertainment and sports, as well as other materials,
images, signals, sounds and writings prepared for
broadcast."Satellite
Rebroadcast"
satellite
rebroadcast without changing by broadcasting
organization or other stations via satellites."Satellite
Rebroadcast Organization"
also called
rebroadcast organization, means every normal or
artificial person or body fulfills the forming terms and
performing works according to the Document principles
and establishing law as soon it is entrusted with it or
take responsibility about broadcast work according to
the former definition."Satellite
Broadcast, TV-Radio Rebroadcast Permit"
permission issued by competent authority in the country
licensee applied for to permit him to establish
satellite broadcast or rebroadcast station."Licensee"
any normal
or artificial person permitted by competent authority in
Arab State to setup and operates broadcast, rebroadcast,
distribution, or selling for these services."license"
it is issued by competent authority in any Arab State
for normal or artificial person to enable him to export,
merchandise, manufacture, collect, or deals in systems
and equipments used in broadcast, rebroadcast, and in
satellite broadcast reception."Authorized
Person"
any normal
or artificial person authorized to practice activity,
export, merchandise, manufacture, collect, or deal with
systems and equipments used in broadcast and encrypted
and unencrypted reception."Terrestrial
Station"
is every terrestrial fixed or movable origin setup for
transmission and reception through satellite, unlike,
follow-up, remote measurement, control and monitoring
stations."Wave"
frequency spectrum operates for TV-Radio broadcast or
rebroadcast.
"Channel"
frequency
spectrum operates by licensee for Radio-TV satellite
broadcast."Frequency
in Satellite Broadcast"
it is allocations of satellite TV- radio broadcast of
frequency spectrum determined according to International
Telecommunication Union issues."Encryption"
technical
systems to control in broadcast service and reception by
availability, prohibit, or stopping."Origin
State"
any Arab League State Member consider origin state, when
it fulfills any of the following conditions:1-
State issuing the license 2- Existence of administrative
headquarter on its territories (Main office of station
central administration) or programming (Main office
issued therefrom decisions of programming, production or
broadcast) for broadcast organizations, rebroadcast, or
office of broadcast or rebroadcast organization where
majority of its employers work.If the main offices
(Administrative or programming) are equals in number,
the origin state is the state on which the main
administrative headquarter exists 3- State where,
installations of uplink signal broadcast to satellites
is established on its territories or that use its
installations in broadcasting uplink signal to certain
satellites.
Third Item:
These
Principles apply on Broadcast organizations in Arab
league Member States and on whoever practices work,
activity, broadcast or rebroadcast activities coming
from or directed to Arab States' territories.
It also
applies on whoever practices work or activity related to
offering services of broadcast or rebroadcast such as:
transmission, distribution, or any other service,
whenever, the place of work or activity is in Arab
State.
Fourth Item:
Broadcast
Organizations and providers of satellite broadcast and
rebroadcast services shall abide to the following
general rules:
1- Publicity
and transparency of information and protection of the
public to access to sound information.
2-
Protection of free competition in broadcast services'
field.
3- Safeguard
of rights and interests of broadcast services'
receivers.
4- Provide
integrated service for the public.
5- Not to
damage social harmony, national unity, public order or
traditional values;
6- To be
bound by rules and forms of broadcast and rebroadcast
service issued according to principles of this document
and what stipulated by Arab Media Honor Charter.
Fifth Items:
Broadcast
Organizations, broadcast and rebroadcast services'
providers shall abide to carry out the following
criteria and general rules regarding broadcasted
varieties:
1- The
commitment to respect freedom of expression as basic
pillar of Arab Media employer provided to practice this
freedom with awareness and responsibility which should
protect higher interests of Arab States and Arab world,
as well as respecting freedoms and rights of others and
committing the ethics of media profession.
2- To abide
to the respect of national sovereignty principle of
every state over its territories, as to provide the
right for every member state at Arab League to impose
appropriate laws and regulations in more details.
3- The
commitment of the sovereignty principle of state of
origin- without prejudice to the right of any person or
body to resort to complains receiving and dispute
settlement systems regulated herein- to consider that
this principle provides legal guarantee for broadcast
organization and various providers and operators of
satellite broadcast services, as well as, in the same
time, guarantee for service receivers the existence of
arbitration body.
4- To abide
to the principle of freedom of broadcast reception and
rebroadcast, that’s; the right of Arab citizen, on the
extension of member states' territories, to receive
whatever he desire from TV broadcast emitting from any
Arab League member state's territory.
5- To ensure
Arab citizen's right to follow-up major national,
territorial, and international events, especially sports
that national teams or elements participate therein,
through free, unencrypted, signal whoever the right's
owner of this events exclusive or non-exclusive.
6- To abide
to intellectual property rights in all broadcasts
programs according to international laws in this
respect.
7- The
commitment of assigning area in Arabic language, not
less than 20% from a channel total program schedule or
cluster of channels affiliated to one authority.
Six Item:
Broadcast
Organizations, broadcast and rebroadcast services'
providers shall abide to carry out the following
criteria and rules related to media work regarding
broadcasted varieties:
1- Respect
the dignity of person and others rights in all forms and
content of programs and offered services.
2- Respect
individuals' privacy and refrain from its abuse in any
form.
3- Refrain
from the incitement on hatred or distinction based on
Arabic origin, color, sex or religion.
4- Refrain
from broadcasting any form of incitement on violence and
terrorism with distinction between it and the right to
combat the occupation.
5- Refrain
from describing crimes with all its forms and types in a
way that tempt others to commit or tends to give hero
personality on crime perpetrators or justify its
actions.
6- To
conform to dialogue style and morals and respect the
right of others to reply.
7- To
confirm to special needy rights in having proper media
and informational services, in order to boost their
integration within their societies.
8- To
protect children and new generation from whoever harm
their physical, mental, and moral growth or any
instigation that spoils manners and misconduct or
reference to wrong behaviors in a way that prompt doing
it.
9- The
commitment to the religious and ethical values of Arab
society, take account of its family structure, and
refrain from spreading religious and sectarian division.
10- To ban
broadcasting whatever offend Divine, heavenly-
religions, the Prophets, Sects or symbols of the various
religious communities.
11- To avoid
broadcasting and programming materials that contains
erotic or sexual scenes.
12- Avoid
broadcasting materials that encourage smoking or the
consumption of alcohol and to show its dangerous
effects.
Seventh Items:
Broadcast
Organizations, broadcast and rebroadcast services'
providers shall abide to apply the standard and
regulations that preserve Arab identity in all
broadcasted varieties, including SMS and especially what
follows:
1- It should
protect Arab identity from the harmful effects of
globalization and preserving privacy of Arab society.
2- Enrich
Arab person's personality and to work on its national
integration, intellectual, cultural, and social
development and to preserve Arab language.
3- To avoid
broadcasting anything contradicts with Arab solidarity,
boosting cooperation and integration ties among Arab
States, or jeopardizes it.
4- To abide
by subjectivity and honesty in respecting the dignity of
countries, people, and their sovereignty and not to
offend their leaders or symbols through defamation.
5- To
display Arab capabilities and talents especially that
attain international acknowledgment and appreciation,
ensuring the enrichment of creative powers and abilities
in the Arab World and to drive young generations to
follow successful Arab examples.
6- To abide
by using all potentialities provided by technical
progress in broadcasting audiovisual programs that
ensure the right of Arab nation to diffuse its culture,
civilized vision, and attitudes from presented issues.
7- To be
credible and precise in all broadcasted data,
information, and news and to derive it from the original
sources, as well as checking it in all media forms,
besides, to correct any incorrect or incomplete
information with having the right of response to the
individual, country or entity.
Eight item:
Without
prejudice of the right in establishing specialized
advertisement channels where this item doesn't apply
upon it, broadcast and rebroadcast organizations shall
abide regarding broadcast or rebroadcast of
advertisement materials by the following:
1- To
expressly refer about advertising material in its
beginning and end and to separate it clearly from the
programming material.
2- To abide
by the existence of time space between every advertising
article during movies, cinema works, and children and
news programs.
3- To
display "advertisement" word, clearly and constantly, in
the advertisement that displays in program form.
4- To
conform to International standard for all
advertisements' period to the total broadcast period in
the day.
Ninth item :
Radio-TV
Broadcast Organizations, satellite broadcast services'
providers shall abide regarding directing Radio- TV
material concerning the content and audience classes to
apply the standard, regulations, conditions, and
competent forms of license issuance especially what
follow:
1- To be
bound to timetable laid down by monitoring committee on
programs' contents, provided that these time
restrictions are placed on programs or varieties
broadcasted with content not appropriate for children
and to be viewed in times not suitable for children.
2- To,
clearly, state before starting of program, the
classification and age not allowed viewing it,
inappropriate to view, or that should be viewed under
family control.
Tenth Item :
Any normal
or artificial person shall commit not to practice any
broadcast or rebroadcast work or offer his services
unless, he has broadcast or rebroadcast license issued
by competent authority in member state, as soon as,
conditions, regulation, and standard contained herein
and conditions placed by states on its territories and
on open zones are fulfilled.
Eleventh item :
Broadcast
Organizations and broadcast regulating organizations in
member states shall abide by the principles and frames
contained herein, and to apply and execute it properly.
Twelfth Item :
Member
states shall lay down necessary measures in its internal
legislations to handle with cases that violate the
document principles by addressees of these principles,
especially, satellite broadcast and rebroadcast
organizations and affiliated broadcast services'
providers existed on their territories, even, it was
operating through private or free zones subjected to
special legislations, the following acts shall consider
violation for the principles of this document:
1- Any
person practices satellite broadcast or rebroadcast
works or offer broadcast service without having license
from competent authority according to the principles of
this document, with guarantee to include the
confiscation of all used equipments and appliances and
remove the damage resulting from this infraction and to
double the punishment, in case of repetition.
2- Every
licensee practices any regulating activity in this
document, including broadcast or rebroadcast activity or
offer service thereof, whenever it is performed by
violating the principles, standards, regulations or
conditions contained herein, or it is laid down by
system applies its principles.
3- In any
case, whenever the state competent authorities observed
the member it granted license or informed by any
violation for the internal law provisions or provisions
contained herein, it have the right to withdraw, not
renew, or freeze the work permit which break the
regulations.
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