Commentary of International Foundation for Protection of Freedom of Speech "Adil Soz" on "Method of monitoring of media output which is distributed on territory of Republic of Kazakhstan and subjected to keeping of law of Republic of Kazakhstan"

 

Minister of Communication and Information of the Republic of Kazakhstan approved an order "Method of monitoring of media output which is distributed on territory of the Republic of Kazakhstan and subjected to keeping of law of the Republic of Kazakhstan" on July 21, 2010.

Any method has to include concrete plan of actions, creation of instruction and clear algoritm. However, method of media monitoring (which was approved by ministry) does not stand up to above mentioned criterions.

1. Method is not a legal act. It includes legal definitions and its explanations. They do not concur with the generally accepted legal conceptions, which are mentioned in national legislation of the Republic of Kazakhstan. There is a usage of new legal term such as, "legal address of editorial office of national media outlets". But, only legal person, or individual businessman must has legal address, while editorial office is a structural subdivision of legal person.

2. Method has incorrect references to acting legislation. Broadcasting time of television and radio programms of foreign media outlets is mentioned as a subject of monitoring. Authors refer to p.3 article 349 of Code of Administrative Violations. There is a information on violation of law "On Advertsing" of the Republic of Kazakhstan, but not on broadcasting time of foreign media outlets.

1. Administrative responsibility for divulging of state secrets, or other information, which is protected by law protected by law, propaganda of narcotic drugs, psychotropic substances and precursors, video output of sexual and erotic character under articles 343 and 344 of Code of Administrative Violations. It does not reflect reality. The responsibility for these actions is regulated by articles of Criminal, Civil and Administrative Codes.

Monitoring of media output will be implemented daily by local bodies of executive power, according to method. There are 13 trends.

• Predetermination of results of legal proceeding of case, which is examined by court, or pressure upon court, before coming of judicial act into force.


• Excess of 20% of advertising from common broadcasting time per day, except for roll captions. Its sound should not be louder as sound of on-air programme;


• Propaganda and agitation of violent change of constitutional system, violation of integrity of the Republic of Kazakhstan, security distruction of the state, war; propaganda of exterimism and terrorism;


• Divulging of state secrets, or other information, which is protected by law, distribution of information on technical methods and tactic of anti-terroristic operations during their implementation; propaganda of narcotic drugs,psychotropic substances and precursors; propaganda, or agitation of cult of cruelty and violence, social, race, national, religious, estate and clan dominance, dissemination of radio and television programmes, presentation of video output of sexual and erotic character.


• Usage of advertising as overplay, including method of roll captions, excess of its picture area from 7.5% and disfunction of textual and informational material of television programms and others.

Monitoring should be fulfill by local executive organs of the authority daily. It has some actual questions.

• Will whether local executive organs of the authority provide equipment for making of record of "on-air" materials and keep them?


• How will they provide with printed editions? There are free of charge copies of printed editions, which are sent to National State Book Chamber, National Library, Library of Parliament of the Republic of Kazakhstan and authorised organ under article 16 of law "On Mass Media" of the Republic of Kazakhstan. There are no any local executive organs. Will akimat (administration) purchase printed editions with the help of funds of local budget? Can whether state budget allow these expenses?


• Will whether number of organs of executive power be dominate? And, how many? It should be know during implementation of daily monitoring of all media outlets, including all Internet-resources.

Servicemen of executive bodies are in charge to conduct media monitoring of above mentioned methods. They have no any enough professional skills in law "On Mass Media", journalism, philology, political sciences and theology. There is a lack of experts in this sphere in Kazakhstan. There is no any discription of means and methods of research work of media output (materials), subjected to propaganda of enmity, violence and pornography. Employees of monitoring service will determine violations, using their imaginations on freedom of speech and state interests.

So, there will be a strengthing of selective monitoring and groundless criminal prosecution of opposition non-state media outlets. It contradicts the Constitution of the Republic of Kazakhstan.

The complete material "Method of monitoring of media output which is distributed on territory of Republic of Kazakhstan and subjected to keeping of law of Republic of Kazakhstan" in Russian language is placed on the website of International Foundation for Protection of Freedom of Speech "Adil Soz" http://www.adilsoz.kz/site.php?lan=russian&idpub=906.