Implementing Regulation of the Audio-Visual Media Law

Chapter 1: Preliminary Provisions

Article 1: Definitions

The following words and phrases - wherever they appear in this Regulation - shall have the meanings specified next to each, unless the context requires otherwise:
1) Law: The Law of Audiovisual Media.
2) Regulation: The Implementing Regulation of the Law.
3) Ministry: Ministry of Media,
4) Minister: Minister of Media.
5) Authority: General Commission for Audiovisual Media.
6) Council: Board of Directors of the Authority.
7) President: Chief Executive Officer of the Authority.
8) Audiovisual Media Activities: Activities governed by the provisions of the Law and the Regulation, including but not limited to: audiovisual services via satellite broadcasting, cable, digital broadcasting, terrestrial broadcasting, television, or through the air (radio), cinema and its services, whether free or for a fee, or video on demand (VOD); whether by subscription or transactions, or based on advertisements, or television broadcasting via Internet Protocol (IPTV), or smart television services (OTT), as well as video game services, and arcade games developed and distributed within the Kingdom (interactive and non-interactive), whether for a fee or free of charge.
9) Advertising and Promotion: Displaying audiovisual content - by any means to the public - for the purpose of marketing a product or service; for a fee or free of charge.
10) Employees: Anyone practicing a profession in the field of audiovisual media.
11) Beneficiaries: Anyone dealing with the licensee to obtain a service or media content, in accordance with the provisions of the Law and its Regulation, including: subscribers, clients, and consumers.
12) Professional Media Content: Refers to media content (as defined in the Law) that is produced commercially and excludes any media content produced by individuals for limited sharing on social media or for other non-commercial or purely personal purposes.
13) Linear: Refers in the context of media activities to anything broadcast at specific times according to a published schedule.
14) Non-linear: Refers in the context of media activities to what is provided for consumption at times chosen by the user.
15) Local Content: Refers to professional media content produced in the Kingdom or produced by media content providers based in the Kingdom, or authored or scripted by one or more citizens of the Kingdom and produced by workers residing in the Kingdom primarily or meets any other criteria set by the Authority from time to time.
16) Cinema: An establishment prepared to receive the public for a fee or free of charge, consisting of one or more halls, equipped with a large display screen of standard proportions, and with special devices for audiovisual presentations.
17) Film: A moving image manifested in an auditory or visual or audiovisual form fixed or recorded on compact discs or magnetic or electronic storage devices or digital devices or any means of modern technology, regardless of its content or duration, viewed by the public on cinema screens.
18) Licensing Guide: A guide to the types of licenses, their conditions, regulations, and requirements attached to the Regulation.
19) Table of Violations and Penalties: A table that includes the violations and penalties imposed by the Authority on violators, in accordance with the provisions of the Law and the Regulation attached to the Regulation.
20) Professional Registration: Registration with the Authority in the special register for employees in the field of audiovisual media.
21) Wave: The frequency margin occupied by the licensee for broadcasting purposes.
22) Station: A fixed or mobile radio or television broadcasting unit, including relay, conversion, amplification devices, or networks on land or in space, that enable the public to follow the broadcast.
23) Claim: A complaint submitted by any person with a direct status and interest to the Primary Committee or referred to it by the Minister, or an appeal raised to the Primary or Appellate Committee in accordance with the Law.
24) Primary Committee: The Primary Committee formed under the Press and Publication Law.
25) Appellate Committee: The Appellate Committee formed under the Press and Publication Law.

Article 2: Objectives of Regulating Audio-Visual Media Activities

The objectives of regulating audiovisual media activities include the following:
1) Establishing the principles of Islam, the Basic Law of Governance, the media policy in the Kingdom, and protecting and enriching culture, heritage, and national identity.
2) Enhancing and improving the audiovisual media sector in the Kingdom, preparing the investment environment in the field, and accelerating economic and social growth.
3) Protecting the interests of the community and the beneficiaries from the public by ensuring the provision of high-quality services and professional media content characterized by diversity.
4) Building a competitive and sustainable audiovisual media sector in the Kingdom.
5) Presenting more local audiovisual media content and increasing awareness and diversity of media programs, platforms, and services.
6) Developing local talents, expertise, and human resources, and supporting the creation of job opportunities in the media sector.
7) Ensuring that beneficiaries receive media services and professional media content at reasonable prices.
8) Providing a database for the media sector and raising awareness of the regulations governing audiovisual media in the Kingdom among media content providers.
9) Ensuring the protection of beneficiaries from unfair commercial practices by media content providers, and ensuring the protection of privacy and personal data of beneficiaries.
10) Establishing controls for media content and publishing them to enhance high-quality media standards and protect youth from inappropriate or socially or religiously unacceptable audiovisual media content.
11) Establishing controls that align with the national and social strategic objectives of the Kingdom in the field of audiovisual media, in accordance with the Kingdom's regional and international commitments.
12) Ensuring transparency, clarity, objectivity, fairness, and non-discrimination in relation to media in general, and licensing in particular.
13) Supporting the development of local platforms for audiovisual media.
14) Ensuring a wide range of high-quality professional media content, catering to a broad spectrum of tastes and interests in the Kingdom.
15) Following up on the transfer and dissemination of best practices, services, and innovative and acceptable broadcasting technologies; with the aim of keeping pace with new global developments and improving the quality and effectiveness of audiovisual broadcasting services.

Article 3: Employees

1) The Authority maintains a register for recording the names of Employees in the field of visual and audio media, in which their names and data are documented, including the employer, qualification level, professional experience, and any updates.
2) Employees in the field of visual and audio media must register professionally in the register mentioned in the previous paragraph, according to the regulations set by the Authority.
3) Employees in the field of visual and audio media must notify the Authority within the period specified of any changes that occur to their data in the professional register.
4) Employees in the field of visual and audio media are subject to the professional performance regulations established by the Authority.

Article 4: Controls on Media Content

The media content regulations stipulated in Article Five of the Law include the following:

  • 1) Protecting and enhancing the high quality of media content.

  • 2) Preserving the general rules of public taste and decorum.

  • 3) Protecting national, economic, health security, public interests, and national symbols of the Kingdom.

  • 4) Promoting the unique and distinguished identity of the Kingdom and its values and cultural heritage.

  • 5) Protecting public order, enhancing national cohesion, and maintaining the social fabric.

  • 6) Preserving values and virtues among youth, and promoting social values by highlighting the role of the family as the cornerstone of community building.

  • 7) Selecting appropriate individuals when hosting them or accepting their contributions.

  • 8) Complying with the procedures required when broadcasting events, especially not broadcasting any event related to the deceased folk and tribes, except after obtaining the necessary approvals.

  • 9) Educating and increasing the knowledge of the public, and enhancing their intellectual and cultural participation.

  • 10) Refraining from displaying visual and audio media content that shows indecent customs and attire, vices, obscenities, and vulgar language.

  • 11) Considering the age classification of films approved by the authority.

  • 12) The display of content classified for ages (18) and above is limited to broadcasts that can be controlled for closure or opening on the receiving device by means of a key programmed into the device.

  • 13) Refraining from displaying visual and audio media content that encourages, promotes, or leads to: violence, intimidation, sorcery, and witchcraft.

  • 14) Refraining from promoting, marketing, or advertising: tobacco, alcohol, drugs, and their products, whether directly or indirectly.

  • 15) Adhering to the principles of objectivity, integrity, accuracy, confidentiality of information, and fairness in dealing with various topics, and following the relevant standards and professional practices in media for broadcasting news, services, and advertisements.

  • 16) Not violating the constants of the Kingdom of Saudi Arabia, as defined in the system of governance.

  • 17) Not inciting the overthrow of the system of governance in the Kingdom, or calling for violence to change the social and economic principles in the Kingdom.

  • 18) Not glorifying groups with political, ethnic, economic, financial, ideological, or destructive social tendencies - against the Kingdom or serving its interests and specific issues.

  • 19) Not relying on false claims and statements that may mislead others.

  • 20) Not harming the rights of women or children in the Kingdom.

  • 21) Not infringing on the dignity of individuals and their private lives, or diminishing their worth or insulting them.

  • 22) Not addressing matters that may harm the Kingdom's relations with friendly countries.

  • 23) Not affecting the value of the national currency or anything that leads to destabilizing the economic situation of the Kingdom, or disclosing the bankruptcy of merchants, commercial companies, or banks regarding any pending case, except in accordance with the established instructions and procedures.

  • 24) Not disclosing what occurs in an official meeting, or what is documented in documents or papers that the system or regulations declare as confidential and not to be published.

  • 25) Not disclosing news about official confidential communications, agreements, treaties, or memoranda of understanding concluded by the Kingdom or any of its official agencies before publishing them in the official medium, except with special permission from the competent authorities.

  • 26) Female broadcasters working in licensed visual and audio channels must adhere to modest attire and appearance, according to the following standards:

    • - The clothing must comply with the regulations of Islamic dress.

    • - The clothing must align with prevailing customs.

    • - The clothing must be appropriate for the work environment and respectful to viewers.

Article 5: Non-compliant media content broadcasted through foreign satellite channels

In the event that any foreign channels not licensed by the Authority broadcast media content - received in the Kingdom - that violates the media content regulations in the Kingdom, the Authority shall take the following procedures:
1) Notify the foreign channel through diplomatic channels of the violating content and request to prevent its signal from reaching the Kingdom.
2) If the foreign channel does not respond to the Authority's request mentioned in the previous paragraph, the Authority shall communicate with the counterpart entity through diplomatic channels to take legal action against the foreign channel.
3) The Authority reserves the right to take legal action for the prosecution of the violating foreign channel.

Chapter 2: Licenses

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Article 6: Licenses for Audio and Visual Broadcasting

  • 1) It is a condition for obtaining licenses for visual or audio media broadcasting: the approval of the Council of Ministers based on a recommendation from the Commission.

  • 2) The Commission submits to the Minister the license applications that meet the conditions and provisions related to media broadcasting; to complete the legal procedures.

  • 3) The Minister submits to the Council of Ministers the license applications referred to in the previous paragraph of this article that meet the conditions and provisions for approval.

  • 4) The renewal, suspension, or cancellation of licenses for visual and audio media broadcasting is done after the approval of the Council of Ministers based on a recommendation from the Commission.

  • 5) A contract or agreement is concluded between the Commission and the licensee, after the approval of the Council of Ministers to grant the broadcasting license, which must specifically include the following provisions:

    • - The right of the licensee to establish broadcasting sites and rebroadcast in buildings and lands owned by others, according to the rules and foundations set by the Commission.

    • - Cooperation with the Commission and other licensees in the field of visual and audio media and other areas as appropriate.

    • - The licensee's commitment to provide the requirements for broadcasting and rebroadcasting operations; including human resources, programs, locations, equipment, and studios, and stations.

    • - The licensee's commitment to provide the Commission - at any time it deems appropriate, and within the period specified - with the media content that has not yet been broadcasted, or rebroadcasted in order to obtain the Commission's approval before broadcasting it, or upon rebroadcasting it. The Commission must decide on the approval to display the media content, or reject its display before the broadcast time with sufficient notice that it determines.

  • 6) It is a condition for the applicant for a broadcasting license that uses frequencies to obtain the necessary license for that and its specific requirements for frequency allocation from the Communications and Information Technology Commission, in accordance with the Telecommunications Law and its executive regulations.

  • 7) The Commission coordinates with the Communications and Information Technology Commission according to its legally established competencies to update the technical specifications for visual and audio media broadcasting devices.

  • 8) The Commission issues approvals for the import of all visual and audio media broadcasting devices and their clearance, including devices that use frequencies.

Article 7: Licenses for Audio-Visual Media Activities

1) Subject to the jurisdiction of other relevant authorities, anyone wishing to engage in any activities of visual and audio media, including the production of professional media content, must obtain the necessary license in accordance with the provisions of the law, its regulations, and the licensing guide.
2) Those wishing to engage in visual and audio media activities under the Foreign Investment Law, in addition to the conditions and requirements mentioned in the previous paragraph, must comply with what is issued by the General Panel in coordination with the General Authority for Investment in this regard.

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Article 8: General Terms and Conditions for Licenses

  • 1) Taking into account the provisions of Article Seven of the Law and Articles Six and Seven of the Regulation, anyone wishing to obtain licenses for broadcasting or to engage in any visual or audio media activity must apply to the Authority for the necessary license for that activity.

  • 2) Subject to the specific conditions and terms for each type of license listed in the License Guide, the following conditions must be met to obtain licenses for broadcasting or to engage in any visual or audio media activity:

    • - The entity applying for the license must be a licensed establishment by the competent authority to operate in the Kingdom, or under the Foreign Investment Law according to the type of license.

    • - For companies licensed outside the Kingdom that provide visual and audio media services to beneficiaries within the Kingdom, they must have a main branch or representative office in the Kingdom.

    • - The applicant for the license must have the capacity and knowledge of the activity for which the license is required, for those licenses that require such according to the provisions of the Regulation.

    • - The applicant for the license must have a specific address (national address) and an electronic means of communication, and must notify the Authority of any updates that occur.

    • - Fill out the designated form for the license application for the required activity, and attach all required documents and papers.

    • - Obtain the necessary licenses or requirements from the competent authorities.

    • - Pay the financial fee for the required license, the financial fee in case of renewal, and any other financial rights, according to the following provisions:

      • • The financial fee for issuing licenses or renewing them or others is non-refundable.

      • • The financial fee for renewing licenses is the same as the financial fee at the time of issuing the licenses unless otherwise stated.

    • - Except for activities specified for licensing for a certain period, the duration of the licenses issued by the Authority is three years, renewable upon the request of the licensee, and after the Authority's approval.

    • - The license must be renewed within the specified times and no later than fifteen (15) days from the date of its expiration.

  • 3) The Authority issues the license after fulfilling all the conditions, terms, and procedures required for the license according to its type.

  • 4) The Authority determines the necessary conditions to be met by the first administrative responsible person for the licensee.

  • 5) The license issued by the Authority is canceled in the following cases:

    • - If the licensee submits a request to the Authority to cancel their license, and the Authority approves it.

    • - If the licensee passes away, and the heirs do not nominate one of them to replace the licensee within the period specified by the Authority, except for licensed companies.

    • - If a ruling or decision is issued to cancel or suspend the license.

  • 6) In the event of the license being canceled for any reason, the licensee is not entitled to claim a refund of the financial fee for the license, regardless of the remaining validity period.

  • 7) Subject to the provisions of the Law, the license issued by the Authority is suspended in the following cases:

    • - If a decision or ruling is issued to suspend the license.

    • - If the licensee loses any of the stipulated conditions for granting the license.

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