Violations of Freedom of Speech in Kazakhstan June 2023

The total number of registered incidents related to the professional activities of media and journalists, information acquisition, and dissemination in June amounted to 39 cases. 

Out of these, 15 cases (38%) are connected to violations of journalists' rights. The number of registered incidents in this category has decreased by half compared to June 2022 – 15 in 2023 compared to 30 in 2022. 

The reports for this June include information about interfering with lawful professional activities of journalists (5 incidents), physical attacks (1), threats (6), interference with media activities, demands for source disclosure, and other. 

19 reports (48%) out of 39 pertain to the right to access and disseminate information. In this category, there is also a 1.6 times decrease in the number of registered incidents compared to June of the previous year (32 reports in 2022). 
In June 2023, journalists encountered refusals, restrictions, and violations of deadlines in providing socially important information 15 times.

Among other issues are violations of media equality, social media account blockage, unauthorized access to computer information, forced subscriptions. 

In June 2023, there were 5 cases of presenting journalists and editorial offices with court and pre-trial claims related to publications in criminal, civil, and administrative matters.

Among the events of June:

• On June 7th, the Mazhilis (lower house) of the Parliament initiated the discussion of the draft law "On Mass Media". The draft law introduces new concepts such as "simplified accreditation process," informational sovereignty, press card, unified media platform, National Report on the Observance of Journalists' Rights and Freedoms, state and non-state media, and others.

The term "mass media" itself is defined as "a means of mass information and internet resources". The draft suggests giving the Government of Kazakhstan the authority to designate a national operator in the field of broadcasting and to submit the National Report on the Observance of Journalists' Rights and Freedoms to the President of Kazakhstan. The draft law includes a provision introducing a statute of limitations of three years for lawsuits involving protection of honor, dignity, and business reputation against mass media.

A separate article in the draft law, titled "Press Card," outlines the procedure for issuing press cards to journalists and sets requirements for obtaining them. The article also includes criteria journalists must meet to be eligible for a press card, as well as grounds for refusal or revocation of press cards.
The article that caused strong criticism from media defenders during the discussion of the initial draft - "Execution of Editorial Assignments under Special Conditions" - and the term "special conditions" are absent in the current draft of the law.

• On June 29th, the Senate of the Parliament approved the draft law "On Online Platforms and Online Advertising" along with related amendments and the draft law "On Amendments to the Code of the Republic of Kazakhstan on Administrative Offenses". The documents introduce concepts such as "false information," "public community," "influencer (blogger)," "online platform," and others.

The draft law defines conditions for the operation of online platforms within Kazakhstan, the responsibilities of online platforms on the territory of Kazakhstan, and the functions of the authorized body overseeing regulation in the field of online platforms and online advertising.

The draft law also outlines the process for submitting and processing complaints from users of online platforms. The legislation establishes the rights and obligations of users of online platforms and influencers, specifies cases where consent of the depicted person is not required for content creation and distribution on online platforms, and defines the criteria for categorizing information as illegal content.
Amendments to the Code of Administrative Offenses introduce liability for spreading false information. Under this term, it's understood as "information that does not correspond to reality and misleads an indefinite circle of people".

During the discussion, a Mazhilis deputy, Snezhanna Imasheva, questioned the need for administrative liability for spreading false information when criminal liability for spreading false information is already provided for in Kazakhstan's legislation. Deputy Attorney General Zhandos Umiraliyev clarified that the existing Article 274 of the Criminal Code of Kazakhstan, "Dissemination of Knowingly False Information," and the proposed Article 456 of the Administrative Offenses Code of Kazakhstan differ in terms of consequences based on the nature, degree, and method of the offense. For the criminal offense, significant harm needs to result from the violation, such as violating the rights and freedoms of individuals or organizations, disrupting public order, or rendering government bodies incapable of functioning. "We do not provide for such in the administrative code. This is not a new practice; there are many similar articles that compete with each other," Zhandos Umiraliyev added.

• A pre-trial investigation has been launched against journalist Olesya Vertinskaya in Atyrau on charges of "disrespect to the court". Vertinskaya learned about this on June 6th when she received a summons from the police. The summons states that Vertinskaya must appear at the Atyrau City Police Department on June 9th in connection with the initiation of a criminal case under Article 410 of the

Criminal Code of the Republic of Kazakhstan. At the police station, the journalist learned that the complaint was filed by Judge Zuhra Mukashova of the Atyrau City Court in relation to a video published on the YouTube channel "DGK.Region.06". Olesya Vertinskaya is participating in the case as a witness with the right to legal defense. She has been bound by a non-disclosure agreement regarding the details of the pre-trial investigation.

Recall that on June 7th, Vertinskaya staged a solitary picket near the building of the Atyrau Regional Court, which had been coordinated with the city administration. She demanded the resignation of two judges, including Judge Z. Mukashova, who was considering a case brought by the police against Olesya Vertinskaya and "Road Control" correspondent Serik Kozhaniyazov. According to Vertinskaya, the judge denied the defendants' request to transfer the jurisdiction of the civil case to another city and made a decision on the case in absentia.

• Journalist Makhambet Abzhan's imprisonment regime has been changed to a less strict one. As it was reported, on February 3, 2023, by a verdict of the specialized interdistrict court for criminal cases in Astana, the founder of the Telegram channel ABZHAN NEWS, Makhambet Abzhan, was sentenced to 9 years of imprisonment in a maximum security penal colony.

The journalist was found guilty under two articles of the Criminal Code - Part 2 and 3 of Article 274 ("Dissemination of Knowingly False Information Creating Danger of Significant Harm") and Part 4 of Article 194 ("Extortion"). In connection with the enactment of the law dated March 17, 2023, "On Amendments and Additions to Some Legislative Acts of the Republic of Kazakhstan on Human Rights in Criminal Proceedings, Execution of Punishments, as well as Prevention of Torture and Other Cruel, Inhuman or Degrading Treatment", the designated type of penal institution has been changed to a maximum-security penal colony.

• In Kostanay, a judge has received a public reprimand for violating the transparency of judicial proceedings.

In Kostanay, a judge who violated the  Mass Media law and was mentioned in the "Adil Soz" Legal Review received a public reprimand.During a hearing on April 21 at the Kostanay City Court, Judge Bakhytkul Kankulova supported the request of one of the parties and expelled the TobolInfo cameraman from the courtroom. She further stated that journalists could be present at the trial as observers, but they were not allowed to publish any information about the hearings.

The Adil Soz Foundation published a Legal Review of this incident, and the TobolInfo news agency submitted a statement to Vyacheslav Salii, the chairman of the Kostanay Regional Court.
"However, Judge Kankulova did not provide any explanation regarding the specific legal basis for her actions, and the trial was not declared closed. These actions undermine journalists' trust in the judiciary, violate the norms of current media legislation, and fall under paragraph 3 of Article 25 of the Law of the Republic of Kazakhstan No. 451-I, dated July 23, 1999, 'On the Mass Media.'"

The Chairman of the Commission on Judicial Ethics responded to the statement as follows:
"Your complaint against Judge Bakhytkul Kankulova of the Kostanay City Court has been reviewed by the Commission on Judicial Ethics at the Kostanay regional branch of the NGO 'Union of Judges of the Republic of Kazakhstan.' Based on the commission's protocol decision, it has been determined that she committed a discrediting misconduct contrary to judicial ethics. In accordance with subparagraph 1.2 of paragraph 6.1 of the Regulations on the Commission on Judicial Ethics, appropriate measures have been taken, and a public censure has been issued against Judge Kankulova."

The monitoring is prepared based on reports of the "Adil Soz" Foundation reporters and information from open sources.
Head of the "Adil Soz" Foundation Monitoring Department Elena Tsoy
e-mail: lena@adilsoz.kz

For all monitoring-related inquiries, you can also contact info@adilsoz.kz