From 1 January 2016 The Internet Resources In The Republic Of Kazakhstan Are Subject To Mandatory Registration

On 26 November 2015, amendments to the RK Mass Media Law dated 1999 (the "Mass Media Law") were published, the most significant of them relate to the Internet resources.

In Kazakhstan, Internet resources constitute mass media. Until the recent amendments to the legislation all that the "traditional" mass media (newspapers, magazines, TV) had in common with the Internet resources was liability for dissemination of information in violation of the legislation of Kazakhstan (in the form of suspension or discontinuation of release/access to the Internet resources). By the recent amendments the legislator decided to equate the Internet resources with other mass media in respect to a number of basic requirements.

I. Internet resources are subject to registration

From 1 January 2016 Internet resources, as other mass media, are subject to mandatory registration.

Comprehensive reading of a number of new provisions of the Mass Media Law suggests that Internet resources are subject to mandatory registration, when the following two conditions are concurrently met:

information and communication infrastructure ("IC-infrastructure") of the Internet resource is in the territory of Kazakhstan; and the Internet resource operates in the territory of Kazakhstan. IC-infrastructure of Internet resources

IC-infrastructure includes hardware and software systems, telecommunication networks, and systems ensuring uninterrupted functioning of technical equipment and information security. Please note that the systems of ensuring functioning of technical equipment and information security may also include IT-staff that supports the Internet resource.

Operation of Internet resources in the territory of Kazakhstan

Given that this provision applies not only to Internet resources, but also to other types of mass media, we believe that it is related to the availability of the Internet resource to the audience of Kazakhstan.

Amendments to the Mass Media Law, in our opinion, do not apply to those Internet resources, which do not have IC-infrastructure in the RK territory. The issue remains controversial in respect to the Internet resources, at least part of the infrastructure of which is in the RK territory.

The condition of access of the Internet resource can be understood both narrowly and broadly. A broad interpretation of this condition may mean that the Internet resource is available to users from the territory of the Republic of Kazakhstan.

We note that if one of the...