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

Rights of journalists were restricted in akimat of Almaty

27 april 2016

The correspondent of newspaper “Caravan” Elena Koemets placed information in her personal page in social network Facebook. Journalists failed to enter into akimat (regional office of executive power) of Almaty with their mobile phones which equipped with dictophones.

She asked question herself. This question was connected with professional duty of journalists. Last time, such situation takes a place everywhere. It was connected with appearance of the joint order of Prime Minister, Head of Administration of President, Head of Office of Prime Minister of the Republic of Kazakhstan, subjected to ban on usage of smartphones, tables, smartclocks in buildings of the state bodies. This Order was directed and addressed to employees and visitors. The information on it was placed in social networks on March 17, 2016. It came into effect; journalists faced a problem. Now, they should keep their smartphones in the store room of state departments. 

Commentary of foundation “Adil Soz”

The ban on usage of dictophones, smartphones, Iphones and tables is illegal. According to joint order of Prime Minister (№ 81, dated on 24 February, 2016), Head of Administration of President(№ 07-11.28, dated on 24 February, 2016), Head of Office of Prime Minister(№81, dated on 02.03.2016) of the Republic of Kazakhstan prohibits the usage of mobile facilities in buildings of all state departments of the Republic of Kazakhstan from 24 March, 2016. ThisOrdershouldcoveremployeesandvisitors.

On March 30, 2016 Vice of Prime Minister of the Republic of Kazakhstan Dariga Nazarbaeva during a briefing which was held in Service of Central Communications commented ban on usage of smartphones with participation of media representatives in buildings of the state departments. The Order was focused on employees and civil servants of state departments. It was violation of the rights of journalists and media outlets and abuse of power on the side of employees of akimat (regional office of executive power).

In this regard, from January 01, 2016 law “On Access to Information” was come into effect. The Law was focused on execution of constitutional right of an citizen, including journalist: shall have the right to freely receive and disseminate information by any means not prohibited by law.

Under article 8 of the law bodies and institutions of legislative, executive, judicial and state authority of local state administration and self-government are information holders. Information holders are obliged:

- to ensure an access to information;

- to provide accurate and full information;

There is no any ban for journalists on usage of Iphones, dictophones, smartphones and tables in the legislation. In essence, they are just things to implement legal professional activity.

Therefore, such ban in legal aspect, it is possible and it can be estimated as interference to legal professional activity of journalists or abuse of power.

 

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