OPEN LETTER to the deputies of the Senate of Parliament

Dear deputies!

The darft law “Concerning the Introduction of Amendments and Additions to Certain Legislative Acts on issues of information and communications” was approved by Mazhilis and forwarded to the Senate. Amendments to the law of the Republic of Kazakhstan "On Mass Media" constitute a significant part of the bill. A number of the main provisions of this draft law significantly contradict international standards of freedom of speech, recommendations of the UN, OSCE, OECD, UNESCO and limit the implementation of constitutional guarantees for freedom to

receive and distribute information and guarantees for freedom of expression. It will prevent the media from fulfilling the Presidential task to struggle against corruption.

The bill complicates the procedure of journalists requests for information and  increases the term of reponding to such requests by two and a half times that contradicts the

recommendations of authoritative international organizations. In particular,

Council of Europe Convention on Access to Official Documents (CETS No. 205) says that

"Promptness of the response to a request underlies the right of access to

official documents ".

The bill introduces the term "Information that infringe legitimate interests" without any legal justification. It obliges journalists to receive consent to the disclosure personal and family secrets, although these concepts are not have the exact legal definition. Scientific and practical commentary to the Constitution of the Republic of Kazakhstan, issued by the Constitutional Council in 2010, explains that personal and family secrets are part of private life and are protected by the Constitution and laws of the country, "such protection is subject to information about a person that evaluate his/her character, appearance, health, material condition, family

position, way of life, individual facts of biography ". Other legal acts

do not contain interpretations of these secrets. However, all efforts of the civil sector to exclude these new provisions were ignored.

The bill, in fact, obliges the owners of websites where users

can post information (forums, social networks, comments on news websites

etc.), to censor information and participate in the operational-search

actions at telecommunications networks. Equipping such websites with hardware

and software for identification of users’ personalities will become an unevitalbe burden to internet business.

However, the authors of the new law did not analyse the possible impact of their proposals and did not make feasibility study. Besides, no transitional period is provided for implementing these measures. It will  unavoidably lead to a flow of the Kazakhstan internet audience out to foreign resources, where persoanl identification is not required and will close access to Kazakhstani internet-resources to foreign users who will not be able to be identified.

In 2015, the UN special rapporteur on freedom of speech, David

Kaye noted that government structures often explain prohibitions

to encryption and anonymity by the need to combat terrorists and other

criminals, but ultimately the implementation of such prohibitions leads to

violation of the rights of a large number of people, including journalists, who become

be subjected to unreasonable harassment.

The law of the Republic of Kazakhstan "On Mass Media", adopted in 1999, has already

undergone changes and amendments introduced by 27 laws. As the result, the media law includes a number of prohibitive and conflicting norms, that do not

correspond to its purpose to establish state guarantees of freedom of media in accordance with the Constitution of the Republic of Kazakhstan. Neither it takes into account

peculiarities of the media in the digital age.

In accordance with clause 4 of Art. 61 Constitution of the Republic of Kazakhstan we ask you

reject the bill "Concerining Amendments and Additions to Some legislative acts of the Republic of Kazakhstan on information and Communications” and to support the initiative of the Ministry of Information and Communications to draft a new media law.

Signatures:

Members of the working group of the Mazhilis of the Parliament of the Republic of Kazakhstan on draft law "Concerining introduction of amendments and additions to some legislative acts of the Republic Kazakhstan on Information and Communications":

Tamara Kaleeva, Tamara Simahina, Foundation for the Protection of Freedom of Speech Adil Soz,

Sholpan Zhaksybayeva, Sergey Vlasenko, National Association

Broadcasters (NAT) of Kazakhstan,

...

Non-governmental organizations:

"Reporters Without Borders" - Johann Beer,

Union of Journalists of Kazakhstan (4388 members) - Ramazanova Bayan,

Parliamentarism Development Fund - Zauresh Battalova,

Charter for Human Rights - Zhemis Turmagambetova,

Kazakhstan International Bureau for Human Rights and the Rule of Law - Rosa Akylbekova

...

Journalists:

Yermurat Bapi, newspaper "Public position"

Bakhytgul Makimbai, newspaper "Public position", "

Madina Alimkhanova, news agency KazTAG