Сөз бостандығын қорғау халықаралық қоры
Международный фонд защиты свободы слова
The International Foundation for Freedom of Speech Protection

Ban on taking photo and video and refusal to answer questions: the most frequent violations of media rights during the elections (as of 2.30 PM)

19 march 2023

Since the beginning of voting, journalists in different regions of Kazakhstan have faced misunderstandings from members of precinct election commissions, observers and agents of candidates and misinterpretation of the media law.

Journalists from various media  report that some observers at polling stations refuse to introduce themselves and to talk to the media. Also, the chairmen of the polling stations sometimes ban on taking photographs and videos of the members / chairman of the precinct election commission. Also, a number of journalists were accused in interfering with elections by taking photo/video and/or asking questions to the chairmen of precinct electoral commissions.

As Adil Soz recorded, the actions of chairmen and members of precinct election commissions were often caused by misunderstanding of the legal issues regulating the work of media.

CASES

Journalist met “anonymous” observers in Astana

At polling station No. 70 in Astana, UlysMedia.kz reporter tried to talk to several observers. Many of them represented political parties or were candidates’ agents. However, some observers refused to talk to the journalist.

"I won't say anything. I was told to keep silence," one of them said.

She did not answer where she came from and who told her to "be silent".

"Adil soz" comments:

Observers have no obligation to talk to  journalists, and they also have no obligation to introduce themselves. In this case, the journalist can clarify the status of these persons with the chairman of the precinct electoral commission to make sure outsiders not present at the polling station that is prohibited by the Law of the Republic of Kazakhstan “On Elections”.

 

In Shymkent, the chairman of precinct electoral commission defined the only point to take photo/video  

In Shymkent, Gulzhan Zhakasheva, the chairman of polling station No. 233, demanded that RFE/RL journalist Dilara Isa cover the voting process from the only point – observers’ seats – and not walk around the polling station. When asked to explain the grounds for such a demand, Gulzhan Zhakasheva said that the journalist was interfering with work of the precinct electoral commission but did not explain the essence of such interference.

"Adilsoz" comments:

The current law does not define except points from which media can take photo/video at the polling stations. Though paragraph 2 of Article 39 of the Law of the Republic of Kazakhstan "On Elections" provides that persons in the polling station must strictly comply with the rules set by the election commission.

At the same time, subparagraph 5, paragraph 2, article 20-1 of the Law of the Republic of Kazakhstan “On Elections” provides that observers are to have a clear overview of all ongoing procedures.

At the same time, we hope that the chairmen of the election commission understand their personal responsibility to the public. Unhindered coverage of elections by journalists contributes to the credibility of the election results.

Ask your question