Legal Regulation of Internet Development and Internet Services in Turkenistan (amended in 2020)
November 2017
National Regulations
This is not an official translation of the regulation. This resource was generated using Google Translate. The original version can be found here.
About the legal regulation of Internet development and Internet services in Turkmenistan
(Data of the Mejlis of Turkmenistan, 2014, No. 4, Article 160)
(Government of Turkmenistan 25.11.2017 No. 663-V, 08.06.2019 No. 156-VI and 22.08.2020
(with amendments and additions introduced on the basis of Laws No. 278-VI)
This Law establishes the legal basis for regulating relations related to the development of the Internet network in Turkmenistan and specifies the legal basis for the operation of Internet services within the territory of Turkmenistan.
CHAPTER I. GENERAL PROVISIONS
Article 1. Basic concepts used in this Act
1. For the purposes of this Law, the following basic concepts apply:
1) Regulation of the development of the Internet network in Turkmenistan – the development and application of the principles, legal norms, organizational rules and technical procedures of the Internet network development in Turkmenistan by the state, and the provision of Internet services in the country is carried out on their basis;
2) National segment of the Internet network – the total number of domains recognized as national domains, Internet servers located in other domains or not belonging to any domains, hosting Internet services are provided to them in the territory of Turkmenistan, as well as access to the Internet network, in accordance with the procedure established by the legislation of Turkmenistan. Turkmenistan’s telecommunications network, which provides;
3 ) top (first) level national domain – a domain named by the code of Turkmenistan, approved by the International Organization for Standardization (ISO 3166-2). The national top-level domain for Turkmenistan has the symbol “.TM” and is the property of Turkmenistan. Management of the “.TM” domain is carried out from the territory of Turkmenistan;
4) second-level national domain – a domain whose name includes the name of the top-level national domain (“.TM”) and its own name; GOV.TM, EDU.TM, COM.TM and others are secondary national domains of Turkmenistan;
41) third-level domain – a domain consisting of the name of the second-level national domain and its own name;
42) National Coordinator – a legal entity appointed by the “Turkmenatragsin” agency, which manages the second-level national domains and organizes the activity of the database in order to protect the interests of Internet users of Turkmenistan and the world;
5) National registrar – a legal entity designated by the National Coordinator, which performs domain name registration in the national top-level domain “.TM”, maintains a database of registered domain names and provides internet hosting services;
6) Internet network services operator – a natural or legal entity that provides Internet users access to the Internet and (or) other services using Internet technologies in Turkmenistan. As an operator of Internet network services in Turkmenistan, it can be a communication operator and (or) an Internet provider;
7) Internet services – services provided by providing or receiving information through Internet channels;
8) data – information provided in a special form that provides the possibility of storing, processing and providing it;
9) Internet user – a person who uses an end device connected to the Internet for the purpose of receiving or transmitting information;
10) Internet connection services – services or operations for connecting the end device to the Internet network belonging to the Internet network user under ownership or other rights;
11) end device – technical means connected to subscriber lines and used by subscribers to generate electrical communication signals for the purpose of transmitting or receiving information through the channels of the electrical communication network;
12) e-mail Internet services – actions or work on providing addresses to the Internet user and receiving information to this address, as well as storing and sending information sent by the Internet user and received at his address;
13) Internet-hosting services – provision of server space and parts of software on the Internet to users (remote computers), as well as maintaining the functionality of the site used on web servers;
14) recipient of information – a natural or legal person to whom information is provided through Internet channels.
2. Generally recognized international concepts used for the purposes of this Law:
1) The Internet is a global address space based on the use of sets of Internet protocols (Internet Protocol, IP) and data transfer protocol (Transmission Control Protocol, TCP), which connects the information systems and networks of different countries and implements various types of communication, including unlimited people. a global information-telecommunications network that enables the deployment of information for a group;
2) information and telecommunication network – a set (total) of telecommunication communication and electronic computing (computer) technical means that ensure the collection, processing, storage, collection and dissemination of information;
21) DNS is a distributed (decentralized) multi-level (hierarchical) computer system for obtaining information about domain names. DNS is primarily used to obtain an IP address for a computer or other device connected to the Internet;
3) domain name (domain) – a registered character number for a network reference, in which DNS is used;
4) web server – a program that provides access to a computer or network resources connected to the Internet, and provides information to a client or computer. A web server stores information organized in the form of web pages and provides them to the Internet;
5) web page – an independent part of a website, a separate document on the Internet, provided with a unique address (URL), which can contain text, graphics, sound and video files, animation;
6) website – a group of thematically related web pages with all inserts, folders, references and technical section.
3. Other concepts used in this Law are used in the same sense as they are defined in the legislation of Turkmenistan.
Article 2. Legislation of Turkmenistan on the legal regulation of Internet development and Internet services in Turkmenistan
1. The legislation of Turkmenistan on the legal regulation of Internet development and Internet services in Turkmenistan is based on the Constitution of Turkmenistan, consists of this Law and other normative legal acts of Turkmenistan regulating the development and use of the Internet.
2. The normative legal acts of Turkmenistan adopted in accordance with the requirements of this Law are mandatory for all persons who are users of the Internet network or operators of Internet network services within the territory of Turkmenistan.
3. If the international agreement of Turkmenistan stipulates other rules than those stipulated in this Law, then the rules of the international agreement shall be applied.
The normative legal acts of Turkmenistan, which affect the rules and regulations regulating the technological and organizational aspects of the development of the Internet at the international level, are subject to mandatory compliance with the specified rules and regulations.
Article 3. Objects and functions of this Act
1. The main objectives of this Law are:
1) To create a stable and effective legal framework for the development of the Internet network in Turkmenistan for the interests of the subjects of relations regulated by this Law;
2) Strengthen state guarantees of protection of rights and legal interests of citizens of Turkmenistan, state interests of Turkmenistan in relations related to the Internet;
3) Establishing the legal basis of business in Turkmenistan for providing internet services;
4) To determine the conditions for the participation of Turkmenistan in the development and adoption of international norms that regulate the technical and technological and organizational-legal aspects of the development of the Internet.
2. The following are the main functions of this Act:
1) determination of the state policy of Turkmenistan in terms of Internet network development within the country;
2) To ensure free access to the Internet for users of the Internet in Turkmenistan;
3) determining the procedure and conditions for connecting subjects of relations regulated by this Law to the Internet;
4) determining the legal status of information posted on the Internet or transmitted through Internet exchange means;
5) creation of regulatory conditions for the prevention of socially dangerous acts carried out on the Internet, as well as for the effective detection and punishment of people who commit such violations;
6) Protection of copyright and other exclusive rights to intellectual property objects posted on the Internet;
7) protection of personal information about users of the Internet network, collected in the course of cooperation with operators of Internet network services;
8) Creation of regulatory conditions for circulation of electronic documents on the Internet.
Article 4. The operation of this Act
1. The operation of this Law applies to the Internet service and (or) other legal acts performed using the Internet, which are considered to be performed under the jurisdiction of Turkmenistan when the place of service and (or) the location of the user of the Internet network is the territory of Turkmenistan. refers to significant actions.
2. The time of the first action that creates legal consequences is considered as the time of execution of legally significant actions.
3. Unless otherwise stated directly by this Law, the action of this Law does not apply to relations related to ensuring freedom of access to information, protection of information and protection of intellectual property.
Article 5. Subjects of relations regulated by this Law
The subjects of relations regulated by this Law are as follows:
1) State authorities authorized to regulate the development and use of the Internet in Turkmenistan;
2) Internet users;
3) Operators of Internet network services.
CHAPTER II. STATE POLICY ON REGULATING INTERNET GROWTH IN TURKMENISTAN
Article 6. The main principles of regulating relations related to the development of the Internet in Turkmenistan
The regulation of relations related to the development of the Internet in Turkmenistan is carried out in accordance with the following basic principles:
1) To ensure the rights and freedoms of citizens of Turkmenistan to use the Internet and access the information posted on it;
2) to take into account the organizational norms and technical processes of the organization and development of the Internet established at the international level and operating at the time of adoption of this Law;
3) to limit the scope of Internet network regulation only in certain areas in the absence of internationally established rules and regulations or they cannot be applied in accordance with the requirements of the legislation of Turkmenistan;
4) Non-distribution of regulation in relations related to the development of the Internet and does not affect the rights and interests of the citizen, society and the state established by the legislation of Turkmenistan;
5) it is not possible to appeal to individuals and legal entities when making an agreement to provide Internet services under the same conditions as other users of the Internet.
Article 7. The main directions of the state policy in the field of providing Internet services
The following are the key areas of government policy regarding the provision of internet services:
1) To provide universal and equal access to Internet connection services by creating and maintaining the infrastructure of state and non-state structures connected to Internet networks, providing the use of computer equipment;
2) providing benefits for internet services to social security groups of the population;
3) Development of the infrastructure of Internet connection services in remote rural areas of Turkmenistan;
4) to provide the requirements for the quality of Internet connection services established by the regulatory legal documents of Turkmenistan by certifying them by the state and authorizing the work of the persons performing the specified services;
5) Creation and introduction of networks and information resources on the Internet to provide universal access to the networks of state authorities, local self-government bodies, educational and library institutions of Turkmenistan and citizens;
6) to promote the development of distance forms of providing employees with work in order to fully realize the right of every citizen to work, as well as the participation of people with limited working capacity in labor processes;
7) creating conditions for the development of distance education types, emphasizing the dissemination of basic knowledge and skills necessary for obtaining Internet services;
8) to include the basic knowledge and skills necessary for obtaining internet services in secondary education standards;
9) to ensure information security of the state, individuals and legal entities during the provision of internet services;
10) Timely improvement of the mechanism of legal regulation of Internet services in terms of their use, taking into account the changes in technologies and social relations.
Article 8. State support for Internet development in Turkmenistan
1. The state encourages and supports the development of the Internet in Turkmenistan.
2. The State shall take measures to ensure the following:
1) Equal access to the Internet without legal discrimination;
2) implementation of state programs to connect residents of Turkmenistan to the Internet within the framework of development of information services and communication services;
3) establishment of a legal non-discrimination procedure for the use of information resources of Turkmenistan;
4) Unreasonable restrictions on the operation of Internet network service operators and the exchange of information through the Internet network will not be allowed;
5) promoting the development of the services market using Internet technologies, monopolization and unfair competition will not be allowed.
3. The state promotes the development and use of the Internet network infrastructure, including through the use of tax and other mandatory payment incentives.
4. When decisions are made on state support for Internet development projects in Turkmenistan, priority is given to advanced technological solutions that ensure wider use of the Internet by citizens of Turkmenistan.
5. The state carries out targeted work on spreading the use of Internet technologies in interactions between the state, the private sector and citizens by providing public services using these technologies.
6. The state participates in the drafting of international standards regulating the technological and organizational aspects of the development of the Internet by the authorized bodies of the state government in the field of development and use of the Internet and together with the operators of the Internet services.
Article 9. Licensing and certification of Internet services
1. Licensing of individuals and legal entities to provide Internet services is carried out in accordance with the procedure established by the legislation of Turkmenistan and other normative legal acts of Turkmenistan.
2. Certification of software and technical equipment used to provide Internet services is carried out in accordance with the procedure established by the legislation of Turkmenistan.
CHAPTER III. REGULATING THE DEVELOPMENT AND USE OF THE INTERNET IN TURKMENISTAN
Article 10. Participants in the process of regulating the development and use of the Internet in Turkmenistan
1. Participants in the process of regulating the development and use of the Internet in Turkmenistan are the following:
1) State authorities authorized to regulate the development and use of the Internet;
2) Operators of Internet network services.
2. State agencies authorized to regulate the development and use of the Internet include the bodies of the executive power, which are assigned the following tasks:
1) development of the state policy and legal regulations regarding the development of the Internet and its use;
2) ensuring state information security and protection of legal interests of citizens of Turkmenistan;
3) Observing the rights of individuals and legal entities when providing and using internet services in Turkmenistan.
Article 11. Powers of competent government agencies to regulate the development and use of the Internet
State authorities authorized to regulate the development and use of the Internet:
1) they develop, coordinate and implement the state policy for the development of the Internet network and the provision of Internet services at the national and international levels;
2) create favorable conditions for the development, distribution and widespread use of the Internet and Internet technologies in Turkmenistan;
3) develop a set of recommendations, principles and tools for stakeholders on the issues of regulating communications related to the development and use of the Internet in Turkmenistan;
Clause 4 – Law of Turkmenistan 08.06.2019 Recognized as invalid by virtue of Law No. 156-VI;
5) participate in the development of normative legal acts that regulate relations related to the development and use of the Internet in Turkmenistan;
6) conduct monitoring of compliance with the legislation of Turkmenistan, which regulates relations related to the development and use of the Internet;
7) promote the dissemination of leading international practice in the field of regulation of relations related to the development and use of the Internet;
8) fight against violations of the law committed through the use of the Internet;
9) exercise other powers provided for in this Law and other normative legal acts of Turkmenistan.
Article 111. Powers of the National Registrar
1. Domain names and websites in the national top-level domain “.TM” are registered by the National Registrar. National registrar’s domain name registration services and internet hosting services are paid. These payments are transferred to the settlement account of the National Registrar. The procedure for registering domain names and websites in the national top-level domain “.TM”, as well as the fee schedule for domain name registration services and internet hosting services of the National registrar, is approved by the “Turkmenatragsat” agency in accordance with the procedure established by the legislation of Turkmenistan.
2. In case of detection of cases or actions contrary to the legislation of Turkmenistan and the Procedure for registering domain names and websites in the national top-level domain “.TM”, the National Registrar may refuse to register the domain name or suspend the registered domain name. right
Article 12. Powers of operators of Internet services to regulate the development and use of the Internet
1. Operators of Internet network services:
1) provide Internet users of Turkmenistan with access to the Internet;
2) provide Internet users of Turkmenistan with the services provided by this Law and other normative legal acts of Turkmenistan using Internet technologies;
3) participate in the development of drafts of the normative legal acts of Turkmenistan during the provision of Internet services to individuals and legal entities;
4) participate in the development of standards used in the development of the Internet in Turkmenistan;
41) provides Internet network users with an externally protected Internet network;
5) exercise other powers provided for in this Law and other normative legal acts of Turkmenistan.
2. Operators of Internet network services assist the institutions conducting design research in the implementation of appropriate measures by them, and take measures to prevent the discovery of organizational and technical aspects of conducting such activities.
3. In the event of violation of the terms of the contract by the user of the Internet network, as well as in the case of non-payment of Internet services on time, the operator of the Internet network services has the right to suspend the user’s access to the Internet network until the defects are corrected.
CHAPTER IV. DO NOT DETERMINE DIFFERENT LEVELS OF INTERNET SERVICES
BASIC RULES
Article 13. To provide Internet connection services
1. It is mandatory for public authorities to connect their computer networks to the Internet.
The procedure and conditions for connecting these institutions to the Internet, including the conditions for the protection of information on such networks, the procedure for financing relevant activities, the procedure for exchanging information using the Internet and others, are determined by authorized government agencies that regulate relations related to the development and use of the Internet.
2. Access to the Internet is mandatory for scientific and cultural institutions, including scientific institutions of the Academy of Sciences of Turkmenistan and higher education institutions, educational institutions of all types, libraries, museums and archives.
3. According to the Internet connection contract, the operator of the Internet network services, under the right of ownership of the Internet network and (or) under other rights, undertakes to provide services for connecting the terminal device to the Internet network user, and the Internet network user is obliged to pay for the services performed and to comply with this Law and It is obliged to use in accordance with other normative legal acts of Turkmenistan.
4. Connecting cryptographic protection means of information to the Internet is carried out in accordance with the procedure established by the relevant legislation of Turkmenistan.
Article 14. Provision of Internet e-mail services
1. According to the e-mail Internet service contract, the operator of the Internet network services undertakes to provide the address to the user of the service and to receive the message addressed to this user via the Internet network, as well as to send such a message to the address specified by the Internet user, if the Internet user is the Internet user. undertakes to pay for the provided services and to use them in accordance with the specified contract, this Law and other normative legal acts of Turkmenistan.
The contract for the provision of e-mail Internet services is concluded in writing.
2. The agreement of the parties to change or add to the e-mail internet service agreement should be done in the same way as the agreement itself.
3. In the e-mail Internet service contract, the address provided to the Internet user, additional requirements for the type of information, and the terms of receiving and providing information by the operator of Internet services should be specified, which cannot be longer than those stipulated by the relevant regulations.
4. In the e-mail Internet service contract, the maximum volume of information received by the Internet user and its retention periods, the maximum volume of information simultaneously received and sent by the operator of Internet services, and the procedure for exceeding these limits are additionally observed. is taken into account.
Article 15. Hosting internet services
According to the contract of hosting Internet services, the operator of Internet network services undertakes to provide Internet users with access to information by placing this link on a device permanently connected to the Internet, and the Internet user is obliged to pay for the services provided and comply with this Law and other regulations of Turkmenistan. is obliged to use it in accordance with the law.
Article 16. Provision of internet services by state authorities and local self-government bodies
1. Administrative Internet services of state authorities, local self-government bodies, if the possibility of providing specific Internet services is not prohibited by the legislation of Turkmenistan, is provided to any applicant through a special site on the Internet.
2. A dedicated website must provide the following:
1) provision of Internet services by state authorities, local self-government bodies, as well as maintenance of the list of the specified services;
2) the ability to electronically fill out the documents necessary to receive administrative internet services of state authorities, local self-government bodies;
3) the ability to submit documents in electronic form for obtaining administrative Internet services of state authorities, local self-government bodies;
4) the ability to receive information on the progress of Internet services by state authorities and local self-government bodies in electronic form;
5) the ability to receive the results of Internet services of state authorities, local self-government bodies in electronic form, if such an opportunity does not contradict the essence of this service;
6) the ability to pay electronically for Internet services managed by state authorities and local self-government bodies.
3. When providing Internet services, state authorities, local self-government authorities are obliged to ensure that the personal data of natural persons applying for the relevant service is not compromised.
4. State authorities, local self-government bodies, when they create a special website on the Internet, must take measures to ensure its operational safety and security.
Article 17. Providing information on the management work of state authorities and local self-government bodies on the Internet
1. State authorities, local self-government bodies create their official websites on the Internet to post information about their work.
State authorities, local self-government bodies, in accordance with the legislation of Turkmenistan, appoint officials who are responsible for monitoring the accuracy and relevance of information posted on the specified sites.
2. News published by state authorities, local self-government bodies on the Internet must contain the following information:
1) general information about state authorities, local self-government institutions, the list of which is determined by the legislation of Turkmenistan;
2) information on the regulatory legal acts that regulate the work of the state power body, local self-government body, as well as adopted by the state power and management body, local self-government body;
3) list of services provided by the state authority, local self-government authority;
4) statistical information on the administrative work of the state power body, local self-government body, its list is prescribed by the legislation of Turkmenistan;
5) information on the work of the state authority, local self-government authority with the applications of individuals and legal entities;
6) procedure for receiving applicants by the officials of the state power body, local self-government body.
3. Information on the administrative work of state authorities and local self-government bodies is provided to any person upon request sent to the e-mail address specified on the official website of the relevant institution.
If the information about the work of the state authority, local self-government body is already posted on the Internet, then a reference to the relevant website on the Internet can be indicated in the response to the request.
4. State authorities, local self-government bodies should take measures to ensure its operational security and protection when they create an official website on the Internet.
Article 18. Providing mass media Internet services
1. Editorial offices of mass media may post an electronic version of their publication on the Internet.
The electronic version of the publication, as usual, corresponds to the content of its printed version, retaining its design and composition. The title, number, date of issue, and entry of the print publication are followed by the pages of the electronic publication, retaining the column headings, subheadings, headings, notes, and images.
The following are the characteristics of the electronic form of mass communication compared to its paper form:
1) news columns include important information received by the editor after the publication;
2) the size of the articles can be increased by enriching them with important details and details when necessary, combining them with additional photos of a specific size, not included in the printed version, and placing the articles, which means limiting the size of his articles, shortening the articles, or the printed version of some of them. leads to the next number;
3) to expand the mass media audience due to readers who have access to the Internet;
4) to attract advertisers due to the fact that their electronic version of the advertisement reaches the entire distribution area of the mass media, which is of fundamental importance for the economic status of the mass media.
The electronic form of a printed mass media is not subject to self-registration.
When the founder of the mass media or his authorized person submits the documents for its registration in accordance with the legislation of Turkmenistan, it indicates that it must post its electronic form on the Internet.
In the application for registration of the mass media, the domain name of the site of the electronic form on the Internet must be specified, which is specified in accordance with this Law and the procedure established by the national registrar.
In the output data of the electronic version, for each issue of the periodical publication, the information provided by the legislation of Turkmenistan, as well as the name of its site on the Internet, are indicated.
2. An independent online publication can appear as a form of mass media dissemination on the Internet, its duties and rights, principles of creation and operation are determined by the provisions of the Law of Turkmenistan “On Mass Media” and this Law for the Internet-Mass media.
The characteristics of a stand-alone Internet-Media compared to a print publication or its electronic version include:
1) reduction of financial costs due to the creation and release of the online publication;
2) timely delivery of the message to the reader, it consists in the possibility of continuously informing the audience about the happenings;
3) the possibility of expanding and revealing the topic of the articles in connection with the increase in the volume of the articles;
4) freedom of orientation, i.e. the ability to use hypertext in the article system provided with a large number of references, which allows the reader to refer to other records with the help of the Internet, getting additional information related to the topic of the article;
5) free design, free composition related to continuous updating of the news coming to the editorial server;
6) journalists of the editorial office and its managers are free to go and choose their places while performing their duties, they can act cooperatively with the editorial office with the help of the Internet.
Independent Internet-Mass media is subject to registration in accordance with the Law of Turkmenistan “On Mass Media”.
An application written for the purpose of user registration for an independent Internet mass media must indicate the domain name of its Internet site, which is designated in accordance with this Law and the procedure established by the national registrar.
The following information is displayed in the output data of the independent Internet-Media:
1) the name of the online publication;
2) surname, first name, patronymic of the founder (co-founders);
3) surname, first name, patronymic of the editor-in-chief;
4) editorial address;
5) name of the registering authority, registration number;
6) The domain name of the website.
CHAPTER V REQUIREMENTS FOR INFORMATION PROVIDED THROUGH INTERNET CHANNELS WHEN PROVIDING INTERNET SERVICES AND CONDITIONS FOR PROVIDING THEM
Article 19. Requirements for information transmitted over Internet channels
1. A person providing information through Internet channels must provide it in a form that meets the requirements specified in the contract for providing Internet services.
2. In the absence of requirements for the form of information in the contract for the provision of Internet services, the person providing the information is obliged to provide it in the form of an electronic document.
Electronic document:
1) must contain information that allows you to verify its authenticity;
2) the electronic document must be created and used in a manner and form that allows identification of the author;
3) must be provided (reproduced) in a form available for human consumption;
4) it should be available for repeated use.
3. The person providing information through the channels of the Internet is fully responsible for its content in accordance with the legislation of Turkmenistan.
4. A person who provides information via Internet channels that does not meet the requirements of this article bears the risk of loss, distortion or interruption of information delivery to the receiver of information provided via Internet channels.
Article 20. An opportunity to fulfill obligations to provide information when providing Internet services
Unless otherwise stipulated in the contract for the provision of Internet services, the obligation to provide information is deemed to have been fulfilled by the operator of the Internet network services, who is obliged to provide information to the address of the recipient or another person indicated by the sender under the contract, upon receiving the information from the sender.
Article 21. Terms of transmission of information by the operator of Internet network services
1. The operator of the Internet network services is obliged to send the received information to the designated party within the specified period, the period of which is determined by the rules of providing Internet services.
2. The agreement concluded with the operator of the Internet network services may specify shortened terms of information delivery compared to the terms established in the relevant regulations.
Article 22. Authorization of messages and information about Internet services by the operator of Internet services
1. When providing Internet services, the operator of the Internet network services shall make the notification and information about it official in accordance with the agreement on the provision of Internet services and within the terms and procedures established by the regulatory legal documents of Turkmenistan.
2. The rules for providing Internet services must specify the levels of information and information about it that must be formalized, as well as the order and terms of formalization and storage of relevant documents by the operator of Internet services.
Article 23. Confirmation of compliance with obligations to send messages when providing Internet services
1. At the request of the sender of the message or the recipient of the information, the operator of the Internet network services shall provide free of charge a formalized certificate or other confirmation of the receipt or transmission of the message based on Article 22 of this Law in the form prescribed by the legislation of Turkmenistan.
In the absence of this type of confirmation, the information of the message that allows to identify them, the name and legal form of the operator of the Internet network services, the license number for the provision of information services, the date of issuance of the certificate, the surname of the official who issued the certificate, as well as his signature and the organization – Internet services are freely certified by stamping the seal of the operator.
2. When the message sent or received by the operator of Internet network services in accordance with Article 22 of this Law is formalized, he shall be given a copy of the document for a fee under the conditions established by the agreement of the Internet service users, and in the absence of such an agreement, to receive a copy of the document. has the right to claim in accordance with the requirements usually set for cases under
Article 24. Location of Internet services
The place of Internet services is considered to be the place of residence or residence of the Internet user – the place of registration of a natural person or, unless otherwise provided by the legislation of Turkmenistan, the place of state registration of the Internet user – a legal entity. .
CHAPTER VI. SPECIFIC TERMS OF USE OF THE INTERNET NETWORK WITHOUT VIOLATION OF HUMAN RIGHTS
Article 25. Act against illegal use of the Internet by Internet users
The government takes legislative and other measures to prevent illegal use of the Internet by Internet users.
One such measure is the obligation of Internet service operators to keep information about users and the services provided to them for at least 12 months and to provide this information at the request of courts and (or) law enforcement agencies.
Article 26. Cooperation with public associations of government agencies authorized to regulate the development and use of the Internet in order to act against the circulation of illegal information on the Internet.
1. State bodies authorized to regulate the development and use of the Internet in accordance with the legislation of Turkmenistan have the right to cooperate with public associations in the work aimed at revealing illegal messages on the Internet.
The indicated cooperation is carried out in accordance with the agreements concluded by the competent state authorities with public associations in the field of regulation of the development and use of the Internet network.
2. In accordance with the specified agreements, public associations discover illegal information and send the information about the address of the site where this information is posted on the Internet to the relevant competent government agency in order to take action against them in accordance with their authority in order to regulate the development and use of the Internet.
Article 27. Protecting the personal information of Internet users
The Internet user himself chooses the privacy level of the personal data that he puts (reports) on the Internet.
The state assumes responsibility for ensuring privacy and ensuring that personal information is not used for inappropriate purposes on the Internet.
The state provides Internet users with the opportunity to obtain justice in the event that privacy of personal information is violated or deliberately destroyed through the relevant authorized state agencies in the field of regulating the development and use of the Internet.
Article 28. Restrictions on children’s access to information products distributed through the use of the Internet
1. Ensuring children’s information security in educational institutions that implement pre-school, elementary, basic secondary and general secondary education and extracurricular education programs, as well as in other organizations that provide Internet access services, by organizations that provide children with access to information products distributed through the use of the Internet. It is allowed on the condition that hardware, software, technical-technological and other means are used.
2. Organizations providing Internet access services have the right to use measures not prohibited by the legislation of Turkmenistan to determine the age of the person providing the specified services.
3. Information restricted to children of certain age groups includes the following information:
1) is presented in the form of an image or description of violence, physical and (or) mental violence, crime or other anti-social action;
2) an image or image that causes fear, horror or horror in children, including non-violent death, illness, suicide, disaster, accident or destruction and (or) their consequences; provided in the form of a statement;
3) is presented as an image or description of sexual relations between a man and a woman;
4) containing obscene (offensive) words and expressions that do not belong to profanity.
4. Information prohibited for distribution to children includes:
1) incites children to perform actions that pose a threat to their life and (or) health, including harm to their health, suicide;
2) capable of making children want to use narcotic drugs, psychotropic substances and their precursors, alcohol and tobacco products, nascent, toxic, psychoactive, and other psychoactive substances;
3) permissiveness or use of force that justifies or justifies the use of force and/or violence against people or animals;
4) rejects family values and causes disrespect for parents and (or) other family members;
5) excuses illegal conduct;
6) contains dirt repellants;
7) contains information of a pornographic nature.
Article 29. Requirements for the distribution of computer and other electronic games to children using the Internet
1. Using computer and other electronic games circulating in the territory of Turkmenistan, using hidden (closed) applications and other technical types and methods of disseminating information that affects the minds of children or adversely affects their health and development (hyperstimulation of information reception and game users including types and means of sensor aggression), including the use of hidden bonuses that allow to activate hidden functionality modules, game episodes or otherwise gain access to information products prohibited for circulation among children in accordance with the legislation of Turkmenistan.
2. In the territory of Turkmenistan, it is not allowed to distribute computer and other electronic games containing the following plots among children using the Internet:
1) incites the child to ignore physical defects of other people or have a negative attitude, aggressive use of force and other anti-social actions, including aggression or violence towards game characters or game partners;
2) related to the ability of the player to carry out virtual murders and inflict virtual injuries on the characters of the game, including the realistic depiction of human blood;
3) inflicting special physical or mental suffering on a person (as well as a creature that has a clear resemblance to a person) or an animal, including the use of torture, humiliation, torture, humiliation, injury and death by particularly cruel methods. misrepresenting or simulating the associated inhumane treatment;
4) genitals that violently arouse interest in sexuality, portray real, artificial, or simulated genitalia, sexual relations, including real or virtual images of humans, animals, or creatures with a clear resemblance to humans, or of a sexual nature. other acts or other sexually explicit content, including depictions or artificial scenes of rape or other acts of sexual violence, capable of inciting sexual interest in game users in age-inappropriate children; images containing abuse and any other sexual behavior towards children, as well as using the voice and image of a child in sexual scenes;
5) is capable of creating recurring fears, storms in children or instills horror in them, including occult-mystical practices or magical rituals that are detailed or pretend to be real; acts of dismemberment, self-harm, intentional harm to a body part; physiological details of post-mortem or post-mortem life-threatening conditions and consequences of living organisms; terrible consequences of accidents, accidents, destruction (damages, injuries, traces of heavy bleeding, corpses, mutilated bodies of people or animals or their amputated parts, traces of spilled blood).
3. Operators of Internet services, owners and administrators of public access points to the Internet are obliged to provide control of the age restrictions of children’s access to such games in accordance with the legislation of Turkmenistan with the help of a verified certificate of the age of the user of popular online games.
CHAPTER VII. LIABILITY IN PROVIDING INTERNET SERVICES
Article 30. Responsibility of Internet users
Internet users are responsible for the following in accordance with the legislation of Turkmenistan:
1) transmission of messages containing information whose dissemination is restricted or prohibited by the legislation of Turkmenistan through Internet channels;
2) transmission of information containing state secrets or other secrets protected by the legislation of Turkmenistan through Internet channels;
3) Information containing insults or slander against the President of Turkmenistan, calls to change the constitutional structure by force, war, violence and brutality, skin color, national and religious enmity and differences, pornography, slander and humiliation, for carrying out criminally punishable acts. Dissemination of information containing spam through Internet channels;
4) Dissemination, use and publication of information related to objects of intellectual property through the channels of the Internet without the appropriate permission established by the legislation of Turkmenistan;
5) Deliberately sending information containing advertising to the recipient of the information by the user of the Internet twice or more times a month to the e-mail address, in the absence of a request to receive such information;
6) Receiving or providing information from third parties through Internet channels, bypassing the operator of Internet services;
7) transfer of rights to use internet services to third parties;
8) Illegal access to a computer protected by the legislation of Turkmenistan;
9) unauthorized access to internal, inter-departmental and other information systems, as well as computer, communication and other device blocking or disconnection, which leads to or may lead to the destruction, disruption or change of information contained in these information systems;
10) Creation, use and dissemination of websites and websites intended to fraudulently obtain personal or other information about Internet users;
11) creation, use and dissemination of malicious computer programs;
12) content, accuracy and distribution of information provided through Internet channels;
13) causing moral and material damage to individuals and legal entities, as well as damage to the state;
14) use of non-certified means of cryptographic protection of information.
Article 31. Responsibility of the operator of Internet network services
1. Operators of Internet network services are liable for violations of the requirements of this Law committed by them in accordance with this Law and other regulatory legal acts of Turkmenistan.
2. The operator of Internet network services is responsible for the following in accordance with the legislation of Turkmenistan:
1) Non-observance of confidentiality of information received, stored and sent by the Internet user;
2) violation of the terms or order of officialization of information;
3) use of non-certified means of cryptographic protection of information.
3. In the case of the use of communication means by the operators of Internet services for the purpose of harming the interests of the individual, society and the state, including for criminal purposes, the competent authority of the executive authority shall control the operation of any technical means and telecommunications communication networks, regardless of their ownership and ownership. reserves the right to suspend.
4. Compensation for losses related to non-fulfillment of obligations under the contract to provide Internet services to Internet users by the operator of Internet services is carried out in accordance with the legislation of Turkmenistan.
CHAPTER VIII. GENERAL PROVISIONS
Article 32. International cooperation of Turkmenistan in the field of Internet regulation
1. International cooperation of Turkmenistan in the field of Internet network regulation is carried out on the basis of compliance with the generally recognized principles and criteria of international law, international agreements of Turkmenistan, as well as stable standards and practices in international practice.
2. State bodies authorized to regulate the development and use of the Internet within the scope of their powers:
1) they represent and protect the interests of the state in the development and use of the Internet;
2) act in cooperation with the competent authorities of foreign states, intergovernmental and international organizations, and coordinate the issues of international cooperation carried out by the state, its citizens and organizations in the field of development and use of the Internet;
3) They ensure the fulfillment of the obligations of the state arising from the international agreements of Turkmenistan regarding the development and use of the Internet.
The third part – Turkmenistan 08.06.2019 Recognized as invalid by virtue of Law No. 156-VI;
4. Individuals and legal entities of foreign countries conducting business related to the use of the Internet on the territory of Turkmenistan, unless otherwise specified in the legislation of Turkmenistan and international agreements of Turkmenistan, use the legal provisions established for individuals and legal entities of Turkmenistan.
5. Competent judicial and law-enforcement bodies of Turkmenistan on the issue of legal assistance in computer-related crimes act in cooperation with competent bodies of foreign countries in accordance with international agreements of Turkmenistan or on the basis of mutual principle by sending and using requests.
Compensation for expenses related to the fulfillment of the specified requirements is paid in accordance with the procedure provided for in the relevant international agreements of Turkmenistan.
Article 33. Conflicts (collisions) between the legislation of Turkmenistan and foreign legislation and international agreements.
1. If a conflict between the legislation of Turkmenistan and the legislation of a foreign country occurs when resolving disputes related to the use of the Internet from the territory of Turkmenistan, then the legislation of Turkmenistan shall apply.
2. If a conflict between the legislation of Turkmenistan and the international agreements of Turkmenistan occurs when resolving disputes related to the use of the Internet from the territory of Turkmenistan, then the norms of the international agreements of Turkmenistan shall apply.
Article 34. Entry into force of this Act
This Law shall enter into force on the day of its official publication.
Gurbanguly of Turkmenistan
President Berdimuhamedov
Ashgabat city.
December 20, 2014.
No. 159-V.