Participants of the Round Table: the draft law on mass media needs changes

On September 28, International Foundation for Freedom of Speech Protection «Adil Soz» held a round table discussion in Astana on the topic of «Reforming the legal regulation of media space in Kazakhstan: transparency, efficiency and information security».

The event was attended by representatives from foreign embassies, the OSCE, the UN OHCHR and the UNESCO Regional Office in Almaty, members of Parliament, representatives of the Ministry of Culture and Information, and journalists. 

The event was dedicated to the International Day for Universal Access to Information, and the discussions centered around Kazakhstani media legislation as a whole, with a particular focus on the access of Kazakhstani journalists to information.

According to the participants of the Round Table, in its current form, media legislation does not provide adequate protection for journalists, does not shield them from interference in their lawful professional activities, and does not ensure transparency in government financing.

During the discussion, various viewpoints on changes to media legislation, access to information, and the application of international experience were voiced.

In particular, the Ambassador of the Kingdom of the Netherlands to the Republic of Kazakhstan, Mr. Nico Schermers, called on Kazakhstan, as a state committed to democratic reforms, to continue creating conditions for pluralism of opinions through the media, which is a key factor in building democracy.

«The current draft law on mass media being discussed should be a crucial moment for Kazakhstan, as it provides an opportunity to review certain provisions and align the law with international principles of freedom of speech.

 In this regard, reducing the statute of limitations to three years is the first important and positive change, and we welcome this alteration. Freedom, independence, and media pluralism are based on freedom of information and expression and are key elements of any functioning democracy. Media freedom is necessary to ensure all other human rights,»  he emphasized.

At the same time, he proposed incorporating special provisions into the draft law to ensure the safety of journalists and the appropriate government response to such attacks and any other possible violations.

During the discussion, there were also suggestions to reduce the statute of limitations for claims against the media to 1 year, in accordance with global practice. Doubts were raised about the advisability of introducing press cards for journalists, the need for transparency in government financing, and the effective implementation of Article 158 of the Criminal Code of Kazakhstan (Obstruction of the lawful professional activities of a journalist). Some of these points were voiced by Karla Jamankulova, the President of the International Foundation for Freedom of Speech Protection «Adil Soz»: 

«We have repeatedly emphasized in our working groups that the issue of journalist safety is fundamentally important to us when we talk about their status. Let's establish journalism as a socially significant profession. Let it be a principle. We are returning to the ineffective Article 158 of the Criminal Code, where in 15 years, only 2 cases have been brought to court. There are many other factors as well.

We have this package of proposals. Currently, Gulmira Birzhanova is working on an amendment to the Administrative Code. We will also insist that Article 158 of the Criminal Code functions more effectively. We would like to propose to the deputies to pay attention to the fact that attacks, threats, and assaults on journalists are related to digital technologies and digital security.

Investigations into such attacks should begin based on reports in the media, and the Ministry of Internal Affairs should not wait for official statements from the affected party. There are also a series of amendments and proposals related to the protection of journalists when they cover political or socially sensitive topics and become the subject of defamation allegations, among other articles.
We propose a set of measures to ensure the safety of journalists in such cases when they are conscientiously performing their professional duties and not violating the law», she said.

The draft law «On Mass Media» will be submitted to Parliament in November 2023.