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

One special representative for each messenger

10 march 2022

State bodies has been proposing to limit foreign social networks and instant messengers for a number of years already. Finally, last year they added such ideas to the bill on the protection of children's rights. They said it would help to combat cyberbullying. The society  figured out the trick and was indignant. Nevertheless…

On March 9, the Majilis (lower chamber) of the Parliament adopted a bill at the second reading that stipulaters that any content identifies as bullying or harassment must be deleted within 24 hours. They even told about the mechanism for  it: any social network or messenger with a traffic of more than 100,000 hosts a day must appoint a representative for relations with the Ministry of Information and Social Development. And if the ministry decides that a message or a post is bullying or harassment, it  sends an appropriate order and the special representative will be obliged to delete such content within 24 hours.

The Majilist did not explain what methodology the ministry will use to determine what is bullying and what is not. But they assured that Mark Zuckerberg and his ilk would not have to open offices in Kazakhstan. It would be enough to appoint an employee who can even work  remotely.

As the deputies assure, Kazakhstan has already reached a preliminary agreement with Facebook and Instagram.

 

 "Adil soz" comments:

The Criminal and Administrative Codes of the Republic of Kazakhstan do not contain the concept of cyberbullying, there is no punishment for it, there are no studies and statistics on cyberbullying in Kazakhstan.

The proposal to amend the law “On the Mass Media” raises great concerns. It means that  users will file a complaint about cyberbullying of a child not with a court, but with the Ministry of Information and Social Development.  Besides the bill proposes to authorize the Ministry to make decisions that will be compulsory for online platforms. Obviously, it means that Ministry specialists are to have the skills of an expert philologist and a judge. If they don’t we will face total arbitrariness and hot public discussions on  what is mere criticism and what is bulling etc.

The proposed measures will in no way contribute to the fight against cyberbullying. These are  covert attempts to establish control over the Internet. Only 12 out of 200 world countries block messengers and social networks. Moreover, these countries can hardly be classified as developed, but they are absolute outsiders in the freedom of speech ratings.

Well-known social networks and messengers operating in Kazakhstan already comply with enforcement measures prohibiting the dissemination such information as violence, sexual exploitation of children, abuse/harassment, hate propaganda, suicide, and other illegal content.

According to experts, the adoption of this bill will lead to such negative consequences as restricting the right to receive and disseminate information. Now it’s up to the Senate.

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