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

Journalistic community of the Republic of Kazakhstan has informed about inadmissibility of Internet-censorship and extrajudicial abuse of discretion in relation to mass media

19 january 2009
There was press-conference of heads of some mass media and journalistic NGO’s on December 19, 2008 in National Press Club of Almaty. Journalists and right advocates have made a statement, concerning new law “On Amendments into Some Legislative Acts of the Republic of Kazakhstan of Information and Communication Networks”. It was adopted by Majilis of Parliament of the Republic of Kazakhstan and provided on January 19, 2009.

Journalists have said that authors of draft law have wanted to protect constitutional rights of our citizens, provide national security, and preserve cultural traditions. This draft law proposes severe censorship as main method of the protection.

It is proposed to make equal to mass media all Internet-resources, including, websites, chats, blogs, Internet-shops, electronic libraries and include criminal, civil and administrative responsibility for them as mass media.

If materials of foreign mass media do not meet to legislative acts of the Republic of Kazakhstan, its distribution has to be stopped at the territory of our republic as developers of the draft law say. This draft law can not explain situation with control of numerous websites with legislative base of Kazakhstan. There will be selective arrests in relation to separate Internet-editions. They will criticize state power in the country and in eyes of world community.

Court arrest and stoppage of foreign mass media is carried out without presence of the defendant, if draft law will be law. What kind of resources will be admitted foreign and national? What can we do with international domains, for example, com, net and int? Absent defendant (it means Internet-resource) is become charged person, but it has no any rights. None is going to cover that his materials are contravened to law of the Republic of Kazakhstan, listen explanations of his advocates, inform on ruled judgment and procedure of its appeal.

Developers of draft law make attempts to press upon mass media. It is planned that Public Prosecutor of the Republic of Kazakhstan control activity of media outlets in a case of the violation of law. But, it is impossible, because employees of General Prosecutor’s Office will make documents for undesirable mass media in accordance with their opinion and ideas.

It is possible to admit next proposal to law “On Mass Media”. It is not admitted usage of mass media under commitment of administrative and criminal crimes. This principle can be used in all spheres of life.

We agree that legal relations in Internet should be regulated by state. This state regulation has to be detailed and adopted with respect to national and international experience, by results of wide discussion. Developers of the draft law did not work on global aspects, concerning Internet. It is connected with its legal nature, policy of Kazakhstan in the sphere of Internet, boards of legal regulations, judicial definition of zone Internet and territorial connection to national jurisdiction.

We think that adoption of this draft law will make slow development of Internet. Republic of Kazakhstan will be outside of civilized society. It is impossible to improve this document. It is not so good and should be recalled from Parliament.

We say that dilettantes of all statuses and positions have not to make law “On Mass Media” by their wish. Questions of legal guarantee of mass media’s activity should be solved with position of journalistic community.

This release was signed by:

President of International Foundation for Protection of Freedom of Speech “Adil soz” Tamara Kaleyeva, Chairman of Board of Union of Kazakhstan’s Journalists, President of Kazakhstan’s Foundation “Journalists in trouble” Rozlana Taukina, Chief Editor of the newspaper “Zhas Alash” Rysbek Sarsenbayev, Chief Editor of the newspaper “Public position” Irene Savostina, Chief Editor of the newspaper “Svoboda slova” Gulzhan Yergalieva, Chief Editor of the newspaper “Taszhargan” Bakhytgul Makimbay, Chairman of Editorial Staff of the newspaper “Respublika” Irene Petrushova, Chief Editor of the newspaper “S perom I shpagoy” Oksana Makushina, Producer of “Radio Inkar-Info” Sergey Duvanov, Chief Editor of the newspaper “Kazakhstan” Sergazy Mukhtarbekov, Chief Editor of the newspaper “Alga” Vladimir Kozlov, Chief Editor of the newspaper “Azat” Nazira Darimbet and Chief Editor of the newspaper “Vzglyad” Igor Vinyavskiy.
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