Appellate Court Upholds Media Rights: Atyrau Regional Court Declares Publication of Murderer's Photo Lawful

This case, or rather a series of cases, should be compiled into a teaching case for law faculty curricula and included in lectures on journalism law. In April 2023, the Constitutional Court ruled that media outlets have the constitutional right to publish photographs of individuals without their consent if the publication is conducted to protect the constitutional order, maintain public safety, safeguard human rights and freedoms, or preserve public health and morality.

However, in 2024, the Atyrau City Court partially satisfied Sergey Naumtsev's lawsuit against "Ak Zhayik" LLP, ordering the newspaper to pay Naumtsev 30,000 tenge and cover court costs. The decision was based on alleged violations of his right to his image and privacy.

The Adil Soz Foundation issued an amicus curiae brief, calling for consistency in the application of legal norms by courts, respect for the Constitutional Court's decisions on media rights to publish images of individuals without consent under specific conditions, and urging the higher court to reconsider the "Naumtsev v. Ak Zhayik" case. It should be noted that Naumtsev, while incarcerated, filed a similar lawsuit against the newspaper "Diapazon" in 2022, but the Aktobe City Court dismissed his claim.

Today, the panel of judges at the Atyrau Regional Court issued a new ruling, rejecting Naumtsev's claim and fully exonerating "Ak Zhayik" LLP. This corrected the error made by the lower court and restored legal integrity.

The Adil Soz Foundation commends the Atyrau Regional Court for its professionalism in handling the appeal and hopes for the continued uniform application of laws throughout Kazakhstan.