Court in Almaty defended freedom of speech. "Adil Soz" legal review
The "Adil Soz" Foundation has prepared this legal review on the decision regarding the lawsuit brought by the Department of the Agency for Civil Service Affairs in the Abai region against "Total Media Qazaqstan" LLP, rendered on July 11 in Almaty. On July 11, the District Court No. 2 of Almalinsky District in Almaty dismissed the claim of the republican state institution "Department of the Agency of the Republic of Kazakhstan for Civil Service Affairs in the Abai region" seeking protection of honor, dignity, and business reputation against "Total Media Qazaqstan" LLP and the author of the article "Urankhaev & Zhazykbaev: How to Cover up the Akim's Wife?" Vasily Smirnov.
The case of "Total Media Qazaqstan" LLP
The plaintiff sought to refute the following statement from the article about a traffic accident involving the wife of the Akim of Ayagoz District in East Kazakhstan, Seilbek Iskakov: "Later, rumors spread among the residents of Ayagoz that allowed the head of the district to practically escape unscathed: allegedly, he had a 'common understanding' with officials of the authorized body in the field of civil service (referring to sums ranging from 5 to 10 million tenge)." Judge Salima Bakieva rejected the claim. She justified the decision by stating that the information stated in the article does not require public refutation since phrases like "rumors spread" and "allegedly" were used. She pointed out that these words do not constitute confirmation but rather speculation. The court's decision has not yet entered into legal force and can be appealed in the appellate instance within one month from the date of the decision in its final form.
Analysis of the situation
In accordance with paragraph 17 of the Regulatory Resolution of the Supreme Court of the Republic of Kazakhstan dated November 27, 2015, No. 7 "On the Application by Courts of Legislation on Compensation for Moral Damage," the defendant in cases related to the protection of honor, dignity, and business reputation is not held responsible for evaluative judgments. Additionally, according to paragraph 11 of the Regulatory Resolution of the Supreme Court of the Republic of Kazakhstan dated July 11, 2003, No. 5 "On Judicial Decisions in Civil Cases," a decision cannot be based on assumptions about the circumstances of the case. In this case, the court did not even need the assistance of a philologist or expert to establish the obvious: journalists did not claim that the plaintiff's institution had committed a corrupt crime. The journalists only expressed their opinion and made assumptions, citing rumors and using the conjunction "allegedly," thus clearly indicating to the readers that the information is not reliable and confirmed. As a result, the court rightfully dismissed the claim of the state institution, which mistakenly believed that the journalists had disseminated defamatory information that did not correspond to reality.
According to Article 19(2) of the International Covenant on Civil and Political Rights, ratified by Kazakhstan on November 28, 2005: "Everyone shall have the right to freedom of expression; this right shall include freedom to seek, receive, and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art or through any other media of his choice." "Adil Soz" welcomes Judge Salima Bakieva's decision to protect universal rights and freedoms in accordance with the Constitution of the Republic of Kazakhstan, the principles of the rule of law, and the democratic reforms declared by the President of the Republic of Kazakhstan.
