The Republic of Azerbaijan Audiovisual Council
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Media that delivers television and radio broadcasting, including on-demand broadcasting services, to users in audio and/or visual form through various technical means and methods is considered audiovisual media.

Audiovisual media is a licensed media sector, unlike other types of media (print, online). Audiovisual media is regulated on the basis of the following legal framework:

Constitution of the Republic of Azerbaijan;
Law “On Media”;
Law “On Public Television and Radio Broadcasting”;
Law “On Advertising”;
Law “On Protection of Children from Harmful Information”;
Law “On Licenses and Permits”;
Law “On State Fee”;
Code of Administrative Offenses;
Election Code and other regulatory and legal documents.

Audiovisual media entities are broadcasters, who have editorial responsibility for the media content they broadcast, and operators, who do not have editorial responsibility for the media content they retransmit.

Broadcasters are:

  • Nationwide terrestrial television broadcasters;
  • Nationwide terrestrial radio broadcasters;
  • Regional terrestrial television broadcasters;
  • Regional terrestrial radio broadcasters;
  • Platform broadcasters performing satellite transmission;
  • Platform broadcasters not performing satellite transmission;
  • On-demand media service providers.

Operators are:

  • Simple platform operators;
  • Universal platform operators;
  • Multiplex operators.

The Audiovisual Council of the Republic of Azerbaijan (abbreviated as: Council) is an independent body that exercises regulation and state control in the field of audiovisual media. The main tasks and functions of the Council are as follows:

to make proposals in the field of audiovisual media;
to adopt normative acts;
to issue licenses to audiovisual media entities;
to make decisions that are mandatory for execution;
to give consent to the broadcasting of foreign channels via “Azerspace” satellites;
to carry out radio frequency planning;
to carry out technical supervision over broadcasting;
to determine requirements for sound and image;
to monitor audiovisual programs;
to conduct on-site inspections if necessary;
to impose sanctions against entities that have violated the requirements of the legislation, etc.

According to the Law of the Republic of Azerbaijan "On Media", suspension of broadcasting may be applied against broadcasters. Depending on the offence committed, suspension of broadcasting may be up to 24 hours or 1-30 days. Suspension of broadcasting is applied by the decision of the Council.

In addition, the Council may draw up a protocol in accordance with Article 381 of the Code on Administrative Offences and apply an administrative sanction in court.

According to Article 46.1.1 of the Law of the Republic of Azerbaijan “On Media”, the Audiovisual Council of the Republic of Azerbaijan is responsible for regulating the audiovisual media sector and overseeing compliance with applicable normative legal acts. For this purpose, audiovisual program monitoring is carried out.

The monitoring is conducted by the Audiovisual Program Monitoring and Analysis Department of the Council's Office through the following methods:

  • Direct monitoring of audiovisual programs by department staff, including the detection and documentation of violations of legal requirements;

  • Review of citizen complaints (telephone calls, letters, emails, e-applications, etc.);

  • Verification of materials disseminated on internet resources and social networks related to the audiovisual media sector that may indicate potential legal violations.

In cases where violations of the law are detected as a result of the monitoring, a report is prepared and submitted to the management (accompanied, when necessary, by a legal opinion provided by the Legal and International Cooperation Department of the Council's Office).

Based on the monitoring activities and the identified violations, various analyses and studies of different scope and content are prepared.

According to Article 5.4 of the Law of the Republic of Azerbaijan “On Media”, media activities in the Republic of Azerbaijan are carried out based on creative and editorial independence. This means that audiovisual media entities (or their editorial boards) are free to define their activities in accordance with the principles of professional independence when preparing or commissioning programs on any topic. Likewise, hosts, guests, and other participants involved in such programs are free in their choice of clothing. The legislation does not impose any restrictions regarding the appearance or attire of program hosts.

According to Article 14.1.3 of the Law of the Republic of Azerbaijan “On Media”, language norms must be observed in broadcasting.

Applications and complaints to the Council can be submitted through the official website by accessing the "Submit Application" section, via the Council’s official email address ([email protected]), or by sending them to the official address (315 A.M. Sharifzada Street, Baku, AZ1138). It is also possible to make verbal inquiries by phone.

Şikayət olunan hər hansı bir proqram rəhbrərlik tərəfindən nəzarətə götürülür, lazımi struktur bölmələrinə, o cümlədən monitorinqlərin keçirilməsi ilə bağlı tapşırıqlar verilir. Araşdırma nəticəsində hər hansı qanunvericilik tələblərinin pozulması faktı öz əksini tapırsa, həmin yayımçıya “Media haqqında” Azərbaycan Respublikasının 41-ci maddəsinin tələbinə uyğun olaraq yayımın dayandırılması və (və ya) İnzibati Xətalar Məcəlləsinə görə inzibati sanksiya tətbiq oluna bilər.

Audiovisual media entities that are established in accordance with the legal requirements of the Republic of Azerbaijan and are recognized by the Council as media subjects with a valid license fall within the regulatory scope of the Council. Internet-based television or radio channels that broadcast directly online also fall under the Council’s regulatory scope if they meet the mentioned criteria and obtain a platform broadcasting license. In all other cases, the regulation of internet television and radio channels falls outside the authority of the Council.

Broadcasting operators are free to choose the television and radio channels they retransmit based on their preferences and commercial objectives. However, nationwide terrestrial broadcasters (those available via free-to-air transmission) must be mandatorily included in the operators' channel packages.

No foreign television channels are broadcast via terrestrial transmission (i.e., using national radio frequency resources) in our country. Foreign television channels are retransmitted within the territory of the Republic of Azerbaijan by broadcasting operators (multiplex and platform operators) as well as by the national satellite operator of Azerbaijan ("Azercosmos") for commercial purposes. Broadcasting operators do not bear editorial responsibility for the content of the retransmitted foreign channels. They are only required to submit copies of documents (such as contracts, permits, licenses, etc.) that grant them the right to retransmit these channels within the territory of the Republic of Azerbaijan to the Council.

Unfortunately, the development of information and communication technologies, while creating great opportunities for licensed broadcasting operators, has also created certain opportunities for websites or internet resources that create unhealthy competition in the market in the sphere of activity of these operators, which are not considered legal. Unlike legally operating platform operators, these websites or internet resources, which retransmit (sell) programs of foreign audiovisual broadcasters for a certain monthly fee (often these fees are significantly lower than the prices offered by legally licensed operators), and whose “origin is unknown”, provide their services from foreign countries. The number of television channels in the packages they provide reaches almost 1000, and sometimes among them there are television channels that broadcast broadcasts that seriously harm the state interests of Azerbaijan. To prevent such unpleasant situations, the Council has prepared a specific action plan and is currently taking appropriate measures together with other state structures.

Meetings of the Audiovisual Council of the Republic of Azerbaijan are held to address matters on the agenda and are conducted in a closed format. However, the decisions made at these meetings are published on the Council’s official website.

Advertisements broadcast on television and radio channels are regulated by the Law of the Republic of Azerbaijan “On Media” and the Law of the Republic of Azerbaijan “On Advertising”. The content of advertisements must not contradict these or other Laws. Monitoring conducted by the Department of Monitoring and Analysis of Audiovisual Programs of the Council’s Office covers all programs, including broadcast advertising materials.

The content of advertisements broadcast on television and radio channels is determined by the subjects of advertising (advertiser, advertising creator, advertising producer, advertising agent, advertising distributor). According to Article 19.4 of the Law “On Advertising”, the advertiser, advertising producer and advertising distributor are responsible for the compliance of the ordered advertisement with the requirements of the Law.

This is regulated in accordance with Article 58 of the Law of the Republic of Azerbaijan “On Media”. These cases include the following:

when a relevant application is submitted by the licensee;
when the requirements of Article 26 of this Law are violated;
when the activity of the individual who is the owner of the license as an individual entrepreneur is terminated, when the legal entity is liquidated;
when there is an appropriate court decision;
when the bankruptcy of the licensee is confirmed by a legally effective court decision;
when incorrect information is subsequently discovered in the documents submitted for obtaining a license;
when the circumstances provided for in Articles 57.1.2 and 57.1.3 of this Law are not eliminated in accordance with Article 57.3 of this Law;
when the type of activity specified in the license is removed from the list of types of activities requiring a license;
when broadcasting is not carried out within six months after obtaining a license;
when the territorial category for the type of activity for which the license was issued is not observed;
if broadcasting is not carried out for 30 (thirty) consecutive days or 60 (sixty) days within a year, except for cases where broadcasting is suspended by the decision of the Council in cases provided for in Article 41.2 of this Law;
if the licensee is brought to administrative responsibility in the field of audiovisual broadcasting at least five times within a year.