TAJIKISTAN
N/A
Pillar Intermediary liability |
Sub-pillar Safe harbour for intermediaries for any activity other than copyright infringement
Lack of intermediary liability framework in place beyond copyright infringement
A basic legal framework on intermediary liability beyond copyright infringement is absent in Tajikistan's law and jurisprudence.
Coverage Internet intermediaries
TAJIKISTAN
Since May 2002, as amended in December 2013
Pillar Intermediary liability |
Sub-pillar User identity requirement
Law on Electric Communication - Act No. 56 (ҚОНУНИ ҶУМҲУРИИ ТОҶИКИСТОН ДАР БОРАИ АЛОҚАИ БАРҚӢ)
According to Art. 21 of the Law on Electric Communication, users are obliged to comply with the rules established for the use of electric communication services and, when concluding a contract, to present documents confirming the identity of a natural person or the constituent documents of a legal entity. Furthermore, pursuant to Art. 20, operators and providers of electric communications services are obliged to conclude contracts directly with natural or legal persons on the basis of identity documents for natural persons or constituent documents for legal persons. It should be noted that according to Art. 2, a natural person must present a passport (registration certificate for stateless persons) and a state registration certificate for legal persons. Services of electric communication are defined as the product of activities of the operator and provider for acceptance, transfer, and processing of signals and other types of information through networks of electric communication.
Coverage Electric communications services
Sources
- https://web.archive.org/web/20240330020425/http://mmk.tj/system/files/Legislation/56_tj.pdf
- https://web.archive.org/web/20240330020430/https://cis-legislation.com/document.fwx?rgn=2232
- https://cabar.asia/en/sim-card-re-registering-in-tajikistan-hundreds-of-thousands-of-citizens-could-be-deprived-of-mobile-connection
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TAJIKISTAN
Reported in 2021, last reported in 2023
Pillar Content access |
Sub-pillar Blocking or filtering of commercial web content
Blocking of commercial web content
In 2023, the government reportedly restricted online content on multiple occasions. Authorities blocked access to websites considered sensitive, such as YouTube, Twitter (now X), Facebook, ICQ and IMO, as well as virtual private network (VPN) connections, including those of diplomatic missions and international companies; they also severely limited Internet access to other websites. Security services reportedly subpoenaed VPN users to interrogate them about their online activities. In addition, it is estimated that between 2021 and 2022, more than 122,000 domains were blocked.
Coverage Websites
TAJIKISTAN
Since June 2008
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Effective protection covering trade secrets
Trade Secrets Law - Act No. 403
(ҚОНУНИ ҶУМҲУРИИ ТОҶИКИСТОН "Дар бораи сирри тиҷоратӣ")
(ҚОНУНИ ҶУМҲУРИИ ТОҶИКИСТОН "Дар бораи сирри тиҷоратӣ")
Law No. 403 provides a framework for the effective protection of trade secrets.
Coverage Horizontal
TAJIKISTAN
N/A
Pillar Telecom infrastructure & competition |
Sub-pillar Passive infrastructure sharing obligation
Lack of obligation to share passive infrastructure
There is no obligation for passive infrastructure sharing in Tajikistan to deliver telecom services to end users.
Coverage Telecommunications sector
TAJIKISTAN
Reported in 2022
Pillar Telecom infrastructure & competition |
Sub-pillar Presence of shares owned by the government in telecom companies
Presence of shares owned by the government in the telecom sector
It is reported that Tojiktelecom is the state-owned incumbent telecommunications operator. Tojiktelecom also holds a 25% stake in TT-Mobile, the second largest of Tajikistan's four mobile operators.
Coverage Telecommunications sector
TAJIKISTAN
N/A
Pillar Telecom infrastructure & competition |
Sub-pillar Functional/accounting separation for operators with significant market power
Lack of mandatory functional and accounting separation for dominant network operators
Tajikistan does not mandate functional or accounting separation for operators with significant market power (SMP) in the telecom market.
Coverage Telecommunications sector
TAJIKISTAN
Since April 2013
Pillar Telecom infrastructure & competition |
Sub-pillar Signature of the World Trade Organization (WTO) Telecom Reference Paper
WTO Telecom Reference Paper
Tajikistan has appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of commitments.
Coverage Telecommunications sector
TAJIKISTAN
N/A
Pillar Telecom infrastructure & competition |
Sub-pillar Presence of an independent telecom authority
Lack of an independent telecom authority
Tajikistan has a telecommunications authority: Communication Service under the Government of the Republic of Tajikistan. According to Art. 1 of Decree 1026, which established the rule, it is not independent from the government.
Coverage Telecommunications sector
TAJIKISTAN
Since August 2018
Pillar Cross-border data policies |
Sub-pillar Conditional flow regime
Data Protection Law - Act No. 1537 (ҚОНУНИ ҶУМҲУРИИ ТОҶИКИСТОН ДАР БОРАИ ҲИФЗИ МАЪЛУМОТИ ШАХСӢ)
According to Art. 18.2 of the Personal Data Act, international transfers of data are permitted to countries that provide adequate protection for personal data. However, the law does not provide a definition or description of what constitutes 'adequate protection'. Moreover, cross-border transfers to countries that do not provide adequate protection are possible in the following cases: with the consent of the data subject, where provided by international treaties binding on Tajikistan; for the protection of the rights and freedoms of persons and citizens, if it is impossible to obtain consent; and where provided by law, if it is necessary for the protection of constitutional order, public order, the rights and freedoms of persons and citizens, the health and integrity of citizens, and state security.
Coverage Horizontal
Sources
- ttps://web.archive.org/web/20231211125818/http://mmk.tj/system/files/Legislation/1537_TJ.doc.pdf
- https://web.archive.org/web/20240617164754/https://www.dataguidance.com/notes/tajikistan-data-transfers
TAJIKISTAN
N/A
Pillar Cross-border data policies |
Sub-pillar Participation in trade agreements committing to open cross-border data flows
Lack of participation in agreements with binding commitments on data flows
Tajikistan has not joined any agreement with binding commitments to open transfers of data across borders.
Coverage Horizontal
TAJIKISTAN
Since August 2018
Pillar Domestic data policies |
Sub-pillar Framework for data protection
Data Protection Law - Act No. 1537 (ҚОНУНИ ҶУМҲУРИИ ТОҶИКИСТОН ДАР БОРАИ ҲИФЗИ МАЪЛУМОТИ ШАХСӢ)
Act No. 1537 provides a comprehensive regime of data protection in Tajikistan.
Coverage Horizontal
TAJIKISTAN
N/A
Pillar Intermediary liability |
Sub-pillar Safe harbour for intermediaries for copyright infringement
Lack of intermediary liability framework in place for copyright infringements
A basic legal framework on intermediary liability for copyright infringement is absent in Tajikistan's law and jurisprudence.
Coverage Internet intermediaries
TAJIKISTAN
Reported in 2022, last reported in 2023
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Enforcement of copyright online
Lack of adequate enforcement of copyright online
Copyright is not adequately enforced online in Tajikistan. Reports highlight the absence of effective and transparent procedures to ensure legitimate government use of software. Furthermore, Tajikistan has allocated limited resources to enforcing intellectual property rights (IPR) laws, resulting in the continued circulation of pirated media. It is also reported that over 90% of software and other media products sold in the country are unlicensed copies.
Coverage Horizontal
Sources
- https://web.archive.org/web/20240330131504/https://www.state.gov/reports/2023-investment-climate-statements/tajikistan/
- https://web.archive.org/web/20231108101527/https://ustr.gov/sites/default/files/IssueAreas/IP/2022%20Special%20301%20Report.pdf
- https://web.archive.org/web/20221201011634/http://www.tjpat.org/implementation.html
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TAJIKISTAN
Since January 2009, entry into force in April 2009
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Adoption of the World Intellectual Property Organization (WIPO) Copyright Treaty
WIPO Copyright Treaty
Tajikistan has ratified the World Intellectual Property Organization (WIPO) Copyright Treaty.
Coverage Horizontal