Mass media law: a new hook for the media?

We continue to tell about the work on the draft ... of the new mass media law as the Ministry of Information and Social Development (MISD) suddenly decided to call it. Or is it the draft law on mass communications as the Ministry called it last year? Or is it the media law as it is called now? Or maybe it is the law on guarantees of freedom of speech, as media NGOs has been offering to call it for a long time?

This time we  will focus on the registration of the media. Our position is the following:

The authorization-based procedure for registering mass media should be replaced with a notification one that is  provided for by the Law of the Republic of Kazakhstan  “On Permits and Notifications” dated May 16, 2014.

The conditions for registration of new media should be changed to cover online and multimedia media. In particular, it is necessary to exclude the requirement to indicate the coverage and thematic scope of publications from the  registration application form.

It is necessary to create and operate a unified media register - a database that would ensure transparency and accessibility of information about media owners, technical and administrative data of the media. The notification procedure will keep the unified media register up to date, as it will automatically reflect all changes in relation to media owners and establishing new media;

Excessive measures of administrative pressure on the media  can that are caused by  information content, technical or minor violations, should be excluded (such as suspension and ban of issue and distribution of media, revocation of registration certificates, confiscation of the entire printed circulation).

Compulsory liquidation of the media should be an extreme measure to restrict the right to freedom of the media and freedom of expression in general. It should not be applied either than by court decision and only in cases when there are serious grounds provided for in Article 19 of the International Covenant on Civil and Political Rights and Art. 39 of the Constitution of the Republic of Kazakhstan.

We have published the concept of the draft law “On Guarantees of Freedom of Speech in the Republic of Kazakhstan” for several times, sent it in full and in abstract to previous ministers and to the acting one, and to the head of the working group, which MISD attracts time to time to discuss certain issues. However, the Consultation Document to the Regulatory Policy of the Draft Law of the Republic of Kazakhstan “On Mass Media” published on the website of the electronic government Egov.kz states that there are NO alternative ways to solve existing problems. Well, it's so easy not to simplify registration of media but to make it more complicated instead. MISD proposes that each registrant "has its own domain name." And  small rural newspapers will have to turn them inside out to do that... Besides it will be an additional hook for the large ones – just recall the situation with Ratel and the role of the Authorized Body (MISD) in it.

Well-known media lawyer Igor Loskutov made an analysis of the serious violations committed in the "Consultative Document". It is available in Russian at http://www.adilsoz.kz/p/zakon.

Next time we will talk about MISD’s proposals to raise the status of a journalist.