Court made decision Ministry of Communication and Information should not has control over blocking of websites and actions of providers
21 september 2010
There was an appeal of Eugeniya Plakhina, related to decision of Almaly District Court of Almaty by her suit to Ministry of Communication and Information of the Republic of Kazakhstan in Almaly District Court of Almaty on September 21, 2010.
The charges stemmed from restriction of access to some Internet-resources; long-term blocking of forum-partner “Respublika” and blocking of Internet-portal and its some “mirrors”. Internet-users from 15 regions of Kazakhstan, Astana and Almaty filed more 120 suits to Ministry of Communication and Information of the Republic of Kazakhstan. The charges stemmed from illegal blocking of some popular Internet-resources; right for getting of information was restricted.
In July, 2010 Almaly Court № 2 of Almaty has dismissed the suit of Eugeniya Plakhina to Ministry of Communication and Information of the Republic of Kazakhstan.
The court decision was fulfilled that “Authorised body has right to send orders for the cure in activity, threat to life, health of people, environment, or normal functioning of human factors system” under article 8 of law “On Communication” and "Access to instate information system and order of its operation is determined by owner, or holder (provider)" under article 18 of law "On Information" of the Republic of Kazakhstan.
On September 21, 2010 representative of plaintiff, lawyer of foundation "Adil Soz" Ganna Krasilnikova has explained that this dispute over aspect, related to public statute (it meant relationships between the state and society).
The state shall be guarantor of the Constitution of the Republic of Kazakhstan of the rights and citizens, including right for access to information.
The claim of Eugeniya Plakhina has not been individual; access to websites was restricted for numerous Internet-users in Kazakhstan (it meant the public).
Public Prosecutor A. Zhilkibayev said that the decision of Almaly Court has been ground. It was confirmed by materials of case. As a result of it appeal should be dismmissed.
Judge A. Kubashev acknowledged legal position of ministry and agreed to decision of court of first instance. Ministry of Communication and Information should not has control over blocking of websites and actions of providers.
The charges stemmed from restriction of access to some Internet-resources; long-term blocking of forum-partner “Respublika” and blocking of Internet-portal and its some “mirrors”. Internet-users from 15 regions of Kazakhstan, Astana and Almaty filed more 120 suits to Ministry of Communication and Information of the Republic of Kazakhstan. The charges stemmed from illegal blocking of some popular Internet-resources; right for getting of information was restricted.
In July, 2010 Almaly Court № 2 of Almaty has dismissed the suit of Eugeniya Plakhina to Ministry of Communication and Information of the Republic of Kazakhstan.
The court decision was fulfilled that “Authorised body has right to send orders for the cure in activity, threat to life, health of people, environment, or normal functioning of human factors system” under article 8 of law “On Communication” and "Access to instate information system and order of its operation is determined by owner, or holder (provider)" under article 18 of law "On Information" of the Republic of Kazakhstan.
On September 21, 2010 representative of plaintiff, lawyer of foundation "Adil Soz" Ganna Krasilnikova has explained that this dispute over aspect, related to public statute (it meant relationships between the state and society).
The state shall be guarantor of the Constitution of the Republic of Kazakhstan of the rights and citizens, including right for access to information.
The claim of Eugeniya Plakhina has not been individual; access to websites was restricted for numerous Internet-users in Kazakhstan (it meant the public).
Public Prosecutor A. Zhilkibayev said that the decision of Almaly Court has been ground. It was confirmed by materials of case. As a result of it appeal should be dismmissed.
Judge A. Kubashev acknowledged legal position of ministry and agreed to decision of court of first instance. Ministry of Communication and Information should not has control over blocking of websites and actions of providers.
