INDEPENDENT MEDIA

Media legal reform

Draft

LAW ON MONGOLIAN NATIONAL RADIO AND TV

CHAPTER ONE

General Provisions

Article 1. Purpose of Law

1.1 This law shall define the aim and principles of Mongolian National Radio and Mongolian National Television /further National Radio, National TV/, determine the structure and rights of Management Board /Board of Governors/ of National R&TV and regulate relations connected to their activities.

Article 2. Legislation of National R & TV

2.1 Legislation of National R and National TV shall consist of the Constitution of Mongolia, Civil Code, Law on Media Freedom, this Law and other related legislation of Mongolia.

Article 3. Concept on National R and National TV

3.1 National R and National TV shall be non-profit-making, national public information medium and legal entity financed by the state
3.2 National R and National TV shall have its stamp, seal, official letter form and logo made
within determined regulations

Article 4. Aim and Principles of National R and National TV

4.1 National R and National TV shall have its aim to objectively and urgently inform in events of own country and the world, and to broadcast programs in required technical and artistic level providing intellectual, educational and aesthetic needs of listeners and viewers.
4.2 Activities of National R and National TV shall be based on independence from the state, seek true information, respect for the rights of public, esteem pluralism and transparency, and honor national interests
4.3 Programming policy of National R and National TV shall be directed into strengthening national security social confrontation, and propagate national traditions and culture and promote patriotism.

Article 5. Transparency of National R and National TV

5.1 Activities of National R and National TV, property and financial reports shall be open to the Public Article 6 Provincial branches of National R and National TV

Article 6. Provincial Branches of National R and National TV

6.1 National R and National TV shall be broadcasting in the whole territory of Mongolian through channels allocated according to contract with the Ministry of Infrastructure and it is allowed to establish its branches in provinces

Article 7. Organs /Services/ of National R and National TV

7.1 National R and National TV shall have its Programming Counsel, Technical and Work Services /Offices/

Article 8. Functions and Activities of National R and National TV

8.1 National R and National TV shall carry out the following activities in order to fulfill its aim

8.1.1 To inform the public in decisions of the state institutions and activities carried out to implement the decisions
8.1.2 To propagate the country to the world collaborating with the similar international mediums and foreign countries on contractual basis
8.1.3 Other activities convenient to purpose contained in Article 4 and non-restricted by laws

CHAPTER TWO

Management Board /Board of Governors/ of Mongolian national R&TV

Article 9. Objectives and Principles of Management Board /MB/ and Reporting

9.1 MB shall be established in order to ensure independence of National R and National TV and create conditions for informing the public in true information.
9.2 MB shall exercise the principles of respect for laws, independence, transparency and equality
of members
9.3 MB shall be reported to the President of Mongolia annually.

Article 10. Structure of MB and its appointment and discharge

10.1 MB shall consist of 9 members
10.2 Duration for supreme rights of Board chairman and members shall be 6 years.
10.3 Three candidates for the Board member shall be nominated by the Parliament, one candidate-by the President, two-by the Government and another three by the journalists professional organizations which have been officially functioning for at least 3 years and admitted as a member to international journalists' organizations. Decisions for nomination of candidates shall be taken by the Orders of The President and The Parliament Speaker, and Resolution of the Government, and Joint Decisions of the Management Board of the journalists' organizations. Nomination of the candidates shall be evaluated /taken conclusion/ and presented to the Parliament by its Administrative Standing Committee. Each candidate nominated by the Parliament shall be appointed as member by the President. If the candidate shall not be accepted by the President, the nominating party shall re-nominate an another candidate within 10 days.
10.4 Chairman of MB shall be elected by the majority of Board members attended the board meeting for one year duration. In the case of absence of Board Chairman, the member appointed by the Chairman shall be in charge of her/ him
10.5 Board member shall not be permitted being employed in managerial positions of institutions of the state, any parties and other political organizations, and media outlets
10.6 In the case, if a Board member requested to free her or him from the duty reporting her or his inability to exercise the supreme rights due to illness or other valid reason, the President shall discharge the member from the duty before the duration for supreme rights ended
10.7 In the case if the Board member has been proposed to be freed from the duty by the MB due to her or his disqualification and violation of laws, the President shall decide to discharge or not her or him before the duration for supreme rights ended on the basis of conclusion of Administrative Standing Committee of the Parliament.
10.8 In the case if the Board member has been proved in criminal cases, he or she shall be discharged from the duty since the date of Court decision went into force.
10.9 In the case of death of the Board member or the BM was discharged from the duty, the nominating party shall nominate an another candidate and the member shall be appointed by the President in accordance with provisions 10.3 of this law

Article 11. Supreme Rights of MB

11.1 MB shall exercise the following supreme rights
11.1.1 To define and change number of staff8 structure and organization of National R and National TV
11.1.2 To adopt and approve the rules and regulations determined the standards of activities of National R and National TV
11.1.3 To appoint and discharge of the Executive directors of National R and National TV on the basis of nominations by the Board members, and discuss their half-year reports
11.1.4 To supervise the assets and finance of National R and National TV
11.1.5 To work out proposals for funds of National R and National TV to be allocated from the state budget and submit to the Parliament.
11.1.6 To survey /review/ proposals and comments, and solve complains coming from other organizations and citizens in relation to the activities and programs of National R and National TV
11.1.7 MB shall use stamp, seal and official letter form determined by regulations National R and National TV National R and National TV

Article 12. Board Meeting

12.1 MB shall convene its meetings at least once a month
12.2 Board meeting shall be held when majority of members attend and decisions shall be taken by votes of majority.
12.3 Board meeting shall determine its agenda /procedure/
12.4 MB shall adopt a resolution on decisions
12.5 Notes shall be taken of process of Board meeting
12.6 Fees shall be allocated to the Board meeting attended the meeting
12.7 Working offices of National R and National TV shall serve /assist/ to MB in conduction and organizing the board meetings normally

CHAPTER THREE

Executive Directors of National R and National TV and their supreme rights

Article 13. Appointment of ED

13.1 Daily activities shall be carried out by the ED appointed by MB
13.2 Persons with at least 3 years of working experiences in media field, high educated and with no trials shall be appointed as ED for 3 years ED can be re-elected

Article 14. Restrictions to ED

14.1 ED shall not be permitted to work in other media outlets and carry out any political and business activities
14.2 ED can not be as a Board member at the same time

Article 15. Rights and Duties of ED

15.1 ED shall have the following rights:
15.1.1 Represent National R and National TV in internal and external relations /in the country and abroad/
15.1.2 Generate the assets of National R and National TV in accordance with laws
15.1.3 Employ and dismiss the personnel
15.1.4 Adopt the programming network and timetable /schedule/

15.2 ED shall have the following duties:
15.2.1 Realize the state budget
15.2.2 Work out and prepare proposals related to providing normal /smooth/ functioning of National R and National TV and present to MB for decision
15.2.3 Report on expenditure of donations and grants to the sponsors
15.2.4 ED shall make orders within her or his rights

Article 16. Discharging and New Appointment of ED

16.1 In the case, if the ED requested to free her or him from the duty reporting her or his inability
to exercise the supreme rights due to illness or other valid reason, the MB shall discharge
the ED from the duty before the duration for supreme rights ended
16.2 In the case if the ED has been proposed to be freed from the duty due to her or his
disqualification and violation of laws, the MB shall discharge her or him before the duration
for supreme rights ended
16.3 In the case if the ED has been proved in criminal cases, he or she shall be discharged from
the duty since the date of Court decision went into force.
16.4 In the case of death of the ED or the BM was discharged from the duty, new appointments
shall be made

CHAPTER FOUR

Property and Finance

Article 17. Property National R and National TV

17.1 Assets of National R and National TV shall be state property
17.2 Sizes and limits of assets shall be determined by the Government in accordance with relevant laws

Article 18. Financial Resources of National R and National TV

18.1 Funding of National R and National TV shall be consist of the following resources

18.1.1 State budget
18.1.2 License fee /Receiving fee/
18.1.3 Income from commercials
18.1.4 Other pay programs
18.1.5 Program sales
18.1.6 Donations and grants

CHAPTER FIVE

Miscellaneous

Article 19. Restriction on duration of R&TV commercials and adds

19.1 Total duration of Radio commercials and adds shall not be exceed 5 % of programs on air time of the day
19.2 Total duration of TV commercials and adds shall not be exceed 10 % of programs on air time of the day

Article 20. Making changes to program timetable of National R and National TV

20.1 The followings shall be broadcasted without payment by changing published program timetable and breaking programs of National R and National TV

20.1.1 Urgent news on natural and public disaster
20.1.2 Statements by the President, Prime Minister, Parliament Speaker and Chairman of Political Parties in the specific /hot/ social, political and economic events raised in the country
20.1.3 Other circumstances determined by laws

Signature