Ministry of Information and Social Development Announced the Terms of Election Campaigning and Online Platforms
February 10, 2023
Presidential Decree No. 104 of January 19, 2023, On the Dissolution of the Mazhilis of the Seventh Parliament of the Republic of Kazakhstan and the Assignment of Early Elections to the Deputies of the Mazhilis of the Parliament of the Republic of Kazakhstan was set for March 19, 2023.
In this regard, the Ministry of Information and Social Development of the Republic of Kazakhstan would like to draw media, internet resources and users of online platforms' attention to the novelties of the Constitutional Law "On Elections in the Republic of Kazakhstan", introduced on 5 November 2022 (hereinafter referred to as Law).
In particular, under the requirements of the current Law:
1) deputies of the Mazhilis of Parliament are elected under a mixed electoral system: under a system of proportional representation in the territory of a single nationwide constituency, as well as in single-member territorial constituencies (Article 9 of the Law);
2) established the procedure for campaigning by the media and users of online platforms in social networks (online platforms).
The users of online platforms, who have expressed their wish to campaign in social networks (online platforms), shall, along with the media (TV channels, radio channels, periodicals, Internet resources), announce the information about the amount of payment, terms of posting campaign materials and submit it 5 days before the start of pre-election promotion to election commissions (for the territory of single nationwide constituency - to the central election commission, for single-mandate territorial constituencies - to those.
In cases when the media (TV channels, radio channels, periodicals, Internet resources) are planning to post campaign materials in their official accounts in the social networks (online platforms), the names of such accounts must also be submitted to the corresponding election commissions.
Mass media cannot provide airtime, print space for posting, distribution of candidates' campaign materials if they have not published information about the amount of payment, terms and procedures for providing airtime, print space until five days before the start of the election campaign and have not submitted it to the corresponding election commissions (violation of this norm will entail a fine of 30 MCIs for officials and 50 MCIs for legal entities).
Media outlets and users of online platforms that have published and submitted to the CEC and/or TEC information on the terms of placing campaign materials on their personal pages place campaign materials only on a contractual basis.
At the same time, citizens and public associations retain the right to unhindered pre-election campaigning, which does not require funding.
In this connection we remind that before the end of the term for registration of party lists, candidates, on the day of elections and the day before (before 18.00 p.m. on February 18, 2023 and on March 18 and 19, 2023) it is prohibited to carry out election campaigning. Administrative liability is provided for the violation of the above provision (Article 102 of the Code of Administrative Offences of the Republic of Kazakhstan).
We draw the attention of TV and radio broadcasters to the ban on the distribution by TV and radio broadcasters of any campaign materials in news and analytical programs. An administrative measure in the form of a fine of 50 MCI is established for violation of this prohibition (Article 112, paragraph 1-1 of the Code of Administrative Offences).
In this regard, the Ministry of Information and Social Development of the Republic of Kazakhstan would like to draw media, internet resources and users of online platforms' attention to the novelties of the Constitutional Law "On Elections in the Republic of Kazakhstan", introduced on 5 November 2022 (hereinafter referred to as Law).
In particular, under the requirements of the current Law:
1) deputies of the Mazhilis of Parliament are elected under a mixed electoral system: under a system of proportional representation in the territory of a single nationwide constituency, as well as in single-member territorial constituencies (Article 9 of the Law);
2) established the procedure for campaigning by the media and users of online platforms in social networks (online platforms).
The users of online platforms, who have expressed their wish to campaign in social networks (online platforms), shall, along with the media (TV channels, radio channels, periodicals, Internet resources), announce the information about the amount of payment, terms of posting campaign materials and submit it 5 days before the start of pre-election promotion to election commissions (for the territory of single nationwide constituency - to the central election commission, for single-mandate territorial constituencies - to those.
In cases when the media (TV channels, radio channels, periodicals, Internet resources) are planning to post campaign materials in their official accounts in the social networks (online platforms), the names of such accounts must also be submitted to the corresponding election commissions.
Mass media cannot provide airtime, print space for posting, distribution of candidates' campaign materials if they have not published information about the amount of payment, terms and procedures for providing airtime, print space until five days before the start of the election campaign and have not submitted it to the corresponding election commissions (violation of this norm will entail a fine of 30 MCIs for officials and 50 MCIs for legal entities).
Media outlets and users of online platforms that have published and submitted to the CEC and/or TEC information on the terms of placing campaign materials on their personal pages place campaign materials only on a contractual basis.
At the same time, citizens and public associations retain the right to unhindered pre-election campaigning, which does not require funding.
In this connection we remind that before the end of the term for registration of party lists, candidates, on the day of elections and the day before (before 18.00 p.m. on February 18, 2023 and on March 18 and 19, 2023) it is prohibited to carry out election campaigning. Administrative liability is provided for the violation of the above provision (Article 102 of the Code of Administrative Offences of the Republic of Kazakhstan).
We draw the attention of TV and radio broadcasters to the ban on the distribution by TV and radio broadcasters of any campaign materials in news and analytical programs. An administrative measure in the form of a fine of 50 MCI is established for violation of this prohibition (Article 112, paragraph 1-1 of the Code of Administrative Offences).
