Journalists of Kazakhstan hope, that Senate of Parliament will reject draft law “On Internet”
19 may 2009
Key journalistic organizations of the Republic of Kazakhstan have addressed to Senate (Upper Chamber) of Parliament of Kazakhstan with open letter.
There was a text of open letter:
Majilis of Parliament has sent draft law (without any changes) “On Amendments into Some Legislative Acts of the Republic of Kazakhstan of Information and Communication Networks” to Senate.
Majilismen have ignored protests of community, proposals of journalistic organizations, and recommendations of OSCE. It has been a piece of nonsense, that Public prosecutor of the Republic of Kazakhstan was vested by right of pre-trial mass media’s stoppage.
We hope that Deputies of Upper Chamber of Parliament of the Republic of Kazakhstan will be respectful to work on draft law without false stereotypes. As a result of it majilismen could not see reaction, numerous defects and contradictions of the document and dismissed it.
There are false stereotypes:
1. Statements that control which is proposed by draft law for Internet-resources, directed to struggle for terrorism, extremism, pornography and other crimes.
The struggle for crime-is counteraction to concrete actions of subjects of crime; there are special laws and special state bodies. It is necessary to make determination and liquidation of criminal elements, if they are in mass media and Internet-mass media, but not to restrict freedom of expression in sphere of mass media.
2. Statement that content of Internet- is mass media, so it is accessible for unlimited sphere of users.
The criterion of access of unlimited sphere of users is insufficient for determination of nature of mass media. Mass media has its legal performed structure, goals and tasks, circulation, rating, rights and liabilities. Reader, viewer or listener has no any capacity of unsanctioned access to content of mass media.
Websites are equated to mass media by law “On Mass Media” of the Republic of Kazakhstan of 1999; draft law “On Amendments into Some Legislative Acts of the Republic of Kazakhstan of Information and Communication Networks” actually equates blogs, chats, portals to mass media, electronic libraries, Internet-shops and entertaining Internet-resources, which do not meet to standards of mass media.
3. Statement that norms of draft law will not tell on development of Kazakhstan’s segment of Internet negatively.
Draft law proposes blocking of foreign Internet-resources, but national Internet-users will be instituted to criminal, civil and administrative responsibility for their statements. As a result of it there will be mass retrial of Kazakhstan’s Internet-users from KazNET.
New reasons have been included in draft law “On Information and Communication Networks” for stoppage and closure of all kinds of mass media. Developers of draft law made copies of laws “On Elections”, “On Political Parties”, Criminal and Administrative Code of the Republic of Kazakhstan, different restrictions of activity and actions of social and political character and got to mass media. Kazakhstan informs on its devotion to democratic standards in pre-chairmanship in OSCE. This draft law proposes punishment of Internet-resources, newspapers, radio and television as stoppage and closure. It is connected with non-correct coverage of elections, meetings, demonstrations and international relationships.
Stoppage and closure of mass media- is extreme form of punishment, which restricts constitutional right of citizens for free getting of information. It is provided by Code of Administrative Violations of the Republic of Kazakhstan. Draftsmen and Deputies of Majilis are disrespectful to mass media and contravenes to Article 20 of Constitution of the Republic of Kazakhstan.
This draft law was not worked out conceptually. All Internet-resources are not equated to mass media anywhere in the world. Developers of the draft law and deputies of Majilis kept the matter in abeyance, concerning Internet-resources, related to Kazakhstan’s jurisdiction did not regulate issues of legal relationships of providers, owners and users of Internet-resources and others.
Dear Deputies!
We hope that you will take into account position of civil society and take normal decision. It is connected with replacement of draft law “On Amendments into Some legislative Acts of Information and Communication Networks of the Republic of Kazakhstan” to government for detailed work in accordance with international principles of freedom of expression. We are ready for providing of analytical reviews, proposals, retorts and recommendations.
This open letter was signed by:
Chairman of Board of Union of Journalists of Kazakhstan Seyitkazy Matayev, President of International Foundation for Protection of Freedom of Speech “Adil soz” Tamara Kaleyeva, Executive Director of National Association of TV Broadcasters of Kazakhstan Sholpan Zhaksybayeva.
There was a text of open letter:
Majilis of Parliament has sent draft law (without any changes) “On Amendments into Some Legislative Acts of the Republic of Kazakhstan of Information and Communication Networks” to Senate.
Majilismen have ignored protests of community, proposals of journalistic organizations, and recommendations of OSCE. It has been a piece of nonsense, that Public prosecutor of the Republic of Kazakhstan was vested by right of pre-trial mass media’s stoppage.
We hope that Deputies of Upper Chamber of Parliament of the Republic of Kazakhstan will be respectful to work on draft law without false stereotypes. As a result of it majilismen could not see reaction, numerous defects and contradictions of the document and dismissed it.
There are false stereotypes:
1. Statements that control which is proposed by draft law for Internet-resources, directed to struggle for terrorism, extremism, pornography and other crimes.
The struggle for crime-is counteraction to concrete actions of subjects of crime; there are special laws and special state bodies. It is necessary to make determination and liquidation of criminal elements, if they are in mass media and Internet-mass media, but not to restrict freedom of expression in sphere of mass media.
2. Statement that content of Internet- is mass media, so it is accessible for unlimited sphere of users.
The criterion of access of unlimited sphere of users is insufficient for determination of nature of mass media. Mass media has its legal performed structure, goals and tasks, circulation, rating, rights and liabilities. Reader, viewer or listener has no any capacity of unsanctioned access to content of mass media.
Websites are equated to mass media by law “On Mass Media” of the Republic of Kazakhstan of 1999; draft law “On Amendments into Some Legislative Acts of the Republic of Kazakhstan of Information and Communication Networks” actually equates blogs, chats, portals to mass media, electronic libraries, Internet-shops and entertaining Internet-resources, which do not meet to standards of mass media.
3. Statement that norms of draft law will not tell on development of Kazakhstan’s segment of Internet negatively.
Draft law proposes blocking of foreign Internet-resources, but national Internet-users will be instituted to criminal, civil and administrative responsibility for their statements. As a result of it there will be mass retrial of Kazakhstan’s Internet-users from KazNET.
New reasons have been included in draft law “On Information and Communication Networks” for stoppage and closure of all kinds of mass media. Developers of draft law made copies of laws “On Elections”, “On Political Parties”, Criminal and Administrative Code of the Republic of Kazakhstan, different restrictions of activity and actions of social and political character and got to mass media. Kazakhstan informs on its devotion to democratic standards in pre-chairmanship in OSCE. This draft law proposes punishment of Internet-resources, newspapers, radio and television as stoppage and closure. It is connected with non-correct coverage of elections, meetings, demonstrations and international relationships.
Stoppage and closure of mass media- is extreme form of punishment, which restricts constitutional right of citizens for free getting of information. It is provided by Code of Administrative Violations of the Republic of Kazakhstan. Draftsmen and Deputies of Majilis are disrespectful to mass media and contravenes to Article 20 of Constitution of the Republic of Kazakhstan.
This draft law was not worked out conceptually. All Internet-resources are not equated to mass media anywhere in the world. Developers of the draft law and deputies of Majilis kept the matter in abeyance, concerning Internet-resources, related to Kazakhstan’s jurisdiction did not regulate issues of legal relationships of providers, owners and users of Internet-resources and others.
Dear Deputies!
We hope that you will take into account position of civil society and take normal decision. It is connected with replacement of draft law “On Amendments into Some legislative Acts of Information and Communication Networks of the Republic of Kazakhstan” to government for detailed work in accordance with international principles of freedom of expression. We are ready for providing of analytical reviews, proposals, retorts and recommendations.
This open letter was signed by:
Chairman of Board of Union of Journalists of Kazakhstan Seyitkazy Matayev, President of International Foundation for Protection of Freedom of Speech “Adil soz” Tamara Kaleyeva, Executive Director of National Association of TV Broadcasters of Kazakhstan Sholpan Zhaksybayeva.
