Conflict in Petropavlovsk: ban is illegal, case reopened

As it was reported earlier, in Petropavlovsk the security guards of the Dostyk Mall shopping center pushed the journalists of the local office of the Khabar24 TV out of the building. The journalists filed a complaint with the police, but that, as it ususally happens, soon dropped the criminal case on interfering with legal professional activity of journalist. And soon signs prohibiting photo and video in the building appeared on the doors.

On November 2, journalists from the Petropavlovsk media outlets held a protest action in front of Dostyk Mall in solidarity with their colleagues. They invited the police to the site and demanded an explanation for dropping the criminal case and for ban to take photo and video in a public place.

On the same day, Adil Soz received a response from the Police Department of the North Kazakhstan region. It turns out that just on the eve of the action, namely on November 1, the pre-trial investigation was reopened at the request of the journalists. But the ban on the work of media teams in the shopping center was not within the competence of the internal affairs bodies.

Let us expalin something to the police and the owners of the mall:

Banning taking ohot and video in malls and shops is illegal.

All information about goods that the seller provides to the buyer is a so-called "public offer" described in article 395 of the Civil Code of the Republic of Kazakhstan. Access to the information of such offer should be provided to an unlimited number of persons, therefore, in accordance with the law "On Access to Information", it is publicly available. Mall owner cannot regulate what way of recording and processing such information  a potential buyer would use.

The ban on photography inside stores and other places where services are provided has one real reason: the owners  want to escape recording of possible violations of the law "On Protection of Consumer Rights" and other regulations.

"Adil Soz" will closely monitor the progress of the investigation of the case of interfering with legal professional activity of journalists of the North Kazakhstan office of the "Khabar24" TV. Maybe this case under Art. 158 of the Criminal Code of the Republic of Kazakhstan will be the first one in the last 16 years that go to court?