This article provides a brief examination of Uzbekistan’s legal landscape concerning data protection and content removal. With the growth of digital platforms, understanding the regulatory environment is crucial for any entity operating in or targeting the Uzbek market.

Content Restrictions
The Informatization Law is the primary legislation governing the use of information resources in Uzbekistan. Article 12-1 of this law imposes stringent restrictions on content that can be publicly posted on websites and other information resources. Among other things, it prohibits the publication of content that:

• Calls for violent changes to the government or undermines territorial integrity.
• Incites mass riots, violence, or illegal demonstrations.
• Distributes false information that threatens public order or security.
• Promotes war, violence, terrorism, or religious extremism.
• Discloses state secrets or other protected information.
• Incites national, racial, or religious hatred or defames individuals.
• Promotes narcotic drugs, pornography, violence, or suicide.
• Encourages unlawful acts posing threats to life and health.

Responsibilities of Content Owners
Moreover, under Article 12-1 of the Informatization Law, Content owners are obliged to:

• Verify the accuracy of content before posting.
• Monitor content to ensure compliance with legal restrictions.
• Immediately remove any content found to be in violation.

Enforcement and Takedown Procedures
There is a Blockage Regulation that deals with the limitation of access to content violating Uzbek law requirements. The Mass Communications Center under the Agency for Information and Mass Communications (“Center“) is the main state authority responsible for monitoring of the Resources. Websites and messengers are required to take down the restricted content based on the request of the Center. Enforcement process under the Blockage Regulation may be summarized as follows:
1. The Mass Communications Center (the “Center”) identifies violations and prepares an expert opinion within one working day.
2. An Expert Commission (members of which are approved by the Cabinet of Ministers of Uzbekistan) may be consulted to assess the content.
3. If restricted content is confirmed, the website is added to the Restricted Content Registry.
4 Access to the site is limited within 12 hours.
5 The Center notifies the website owner to remove the content within 24 hours, with the option to challenge the decision in court.

Practical Implications
Blocking access to social networks and websites is not uncommon in Uzbekistan. Many international social platforms have been blocked on several occasions for legal violations. While administrative or criminal charges can be imposed on content owners, such actions are rare for entities without a legal presence in Uzbekistan.

Liability
Uzbek laws are not entirely clear on the consequences of non-takedown for the administration of the internet platform.  As noted above, Uzbek authorities have a right to block access to the Restricted Content in the manner established by the Blockage Regulation.
Generally, the non-compliance with the request per se should not result in an imposition of administrative and/or criminal penalties on the management of owner (administrator) of the internet resource (particularly, on a foreign owner), excluding few cases such as: distribution of information and materials in internet directed against the established rules of conduct in society and public safety (which entails imprisonment for up to 8 years).

Age Restrictions
The Children Protection Law governs the protection of minors from harmful information. Article 16 prohibits the distribution of content that, among others:

• Encourages dangerous or illegal activities among children.
• Promotes substance abuse, gambling, or antisocial behavior.
• Justifies violence or cruelty.
• Undermines family values or promotes debauchery.
• Contains obscene language or pornographic material.

Additionally, content must be classified by age category before distribution, with specific signage requirements as mandated by Resolution 848.

Compliance and Enforcement
The Agency for Information and Mass Communications ensures compliance with the Children Protection Law. The Agency can send notification letters to producers and distributors to stop and prevent violations. Failure to comply can lead to access restrictions under the Blockage Regulation.

Advertising Restrictions
The Advertising Law in Uzbekistan governs the production, placement, and distribution of advertisements. Article 16 of this law outlines specific prohibitions to ensure compliance with national standards and ethical guidelines. According to Article 16, advertisements must not:

• Discriminate based on sex, race, nationality, language, religion, social origin, beliefs, personal and social status, or other grounds, or discredit the products of other persons.
• Encourage actions that may lead to legal violations, harm to the life or health of citizens, or environmental damage, and should not promote carelessness towards safety equipment.
• Imitate the general solution, text, image, musical or sound effects used in the advertising of another product, or in video and film products, as well as in other works of science, literature, art, performances, phonograms, or broadcasts, unless permitted by copyright laws.
• Use the name or image of an individual without their consent.
• Include pornographic content.
• Use foreign words and expressions that could distort the meaning of the information.
• Indicate that the product is approved by government agencies or their officials.
• Advertise one product under the guise of another, using trademarks that are identical or confusingly similar to protected trademarks.
• Use or imitate state symbols, including the state emblem, state flag, and national anthem.
• Advertise products in educational materials such as textbooks, school diaries, or notebooks.
• Indicate prices in foreign currency.
• Advertise information products without specifying age categories as required by the Children Protection Law.
• Fail to disclose essential information about the product and the conditions for its purchase or use, or mislead consumers.
• Use forms, phrases, and images that contradict national and family traditions, as well as generally accepted norms of morality and ethics.
• Advertise products whose production or sale is prohibited by law, or products lacking appropriate certification or licensing if required.
• Promote narcotic drugs, psychotropic substances, or potent substances.
• Advertise prescription drugs or unregistered drugs.
• Promote breast milk substitute products.
• Advertise energy drinks to children.
• Promote alcohol and tobacco products, with a few exceptions.
• Advertise weapons, ammunition, and pyrotechnics.
• Promote gambling and other risk-based games.

Liability
The Competition Committee enforces advertising laws and can impose fines on companies for advertising related violations, ranging approximately from USD 800 to USD 2,600. Both advertisers and distributors might be subject to liability, but distributors are primarily responsible for ensuring the compliance with the distribution requirements.

● Specific Considerations for Advertisers and Distributors
Advertising Law separates liability between ‘Advertiser’ – a person who is a customer for production and (or) distribution of advertising; and ‘Distributor’ – a person distributing the advertising through the advertising tools.
Under Article 49 of the Advertising Law, the liability between advertisers and distributors is divided:

• Advertisers are liable for the content of the advertisement.
• Distributors are liable for the timing, placement, and manner of distribution.

Distributors generally are not liable for content if they adhere to the legal requirements.
Technically, the Distributor should not be liable for the advertising content if it complies with Uzbek law requirements.  Moreover, it is unlikely that the penalties will be imposed on the management of companies that do not have a legal presence in Uzbekistan.

DATA PRIVACY
The Privacy Law is the primary regulation for personal data protection in Uzbekistan.
Prior consent from data subjects is generally required for data processing, including in relation to data transfer to third parties and trans-border transfer.
Article 4 of the Privacy Law defines ‘Personal Data’ as information (in electronic, paper or other tangible form) relating to an identified or identifiable individual; and defines ‘Personal Data Processing’ as implementation of one or a combination of actions to collect, systematize, store, change, supplement, use, provide, distribute, transfer, depersonalize and destroy personal data.
● Database Registration and Localization
Article 20 of the Privacy law requires the registration of certain personal data databases containing Personal Data with the Uzbek state authority (namely, State Center for Personalization under the Cabinet of Ministers of Uzbekistan).  
Article 27-1  of the Privacy Law mandates that personal data of Uzbek citizens be processed in databases located within Uzbekistan (so called ‘data localization’ requirement).
● Compliance and Penalties
Non-compliance can result in administrative fines on the company management approximately in the amount of USD 1,400 for initial violations.  For the repeated offences, management of the companies might be subject to criminal sanctions, namely, a fineof up to approximately USD 4,300 or deprivation of a certain right (e.g., holding management position) for up to 3 years or correctional labor for up to 2 years. Management of companies without a legal presence in Uzbekistan are unlikely to face penalties.
● Takedown Procedures
The Blockage Regulation allows the Center to restrict access to resources violating the Privacy Law.
Conclusion
While Uzbek law does not explicitly regulate online streaming platforms, various legislative provisions on content, age restrictions, advertising, data privacy, and language requirements indirectly impact their operations. Compliance with these laws is crucial for avoiding access restrictions and potential penalties. As the digital landscape evolves, ongoing attention to legislative changes will be necessary to maintain compliance and ensure seamless operations in Uzbekistan. Our team of lawyers is here to help you navigate these laws and ensure your operations comply with all regulations. If you have any questions or need assistance, please do not hesitate to reach out to us. We are ready to support you every step of the way.

DISCLAIMER:
The content of this article is provided for informational purposes only and should not be construed as legal advice. It is not intended to create, and receipt of it does not constitute, a lawyer-client relationship. Readers should not act upon this information without seeking professional counsel and should not rely on it as a substitute for obtaining legal advice from a qualified attorney licensed in their jurisdiction.
 
Gulnoza Abdurakhmonova