Statement by the International Foundation for Protection of Freedom of Speech "Adil Soz" on the adoption of amendments to the Law "On Access to Information"

16 january 2025

On January 13, the President of the Republic of Kazakhstan, Kassym-Jomart Tokayev, signed the Law "On Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of Access to Information, Public Participation, State Awards, and the Elimination of Excessive Legislative Regulation".

We are pleased to note that several proposals from Adil Soz Foundation and the media community were taken into account during the development of these amendments, which should contribute to improving the transparency and accessibility of information for citizens.

In particular, the law introduces the presumption of openness of information as one of its fundamental principles. This means that any information held by its owners is deemed open unless otherwise stipulated by law.

The amendments to Article 5 of the Law specify the procedure for restricting access to information. From now on, restrictions may only be imposed in strictly defined cases provided by law and exclusively for the purposes of protecting the constitutional order, public order, and the rights and freedoms of individuals. Importantly, such restrictions must be temporary and apply only to the portion of information that meets the established criteria.

Of particular significance are the changes to Article 6, which expand the list of publicly significant information that cannot be restricted. This includes data on the implementation of investment plans by state bodies, information on the ownership of electricity grid facilities, and statistical data on the state of digital assets.

We welcome the introduction of new provisions requiring the Parliament of the Republic of Kazakhstan, the Government, and other bodies to broadcast their open sessions and publish recordings on their online resources.

The law also provides for the establishment of an authorized body responsible for annually publishing reports on the state of access to information and approving lists of open data.

While the law does not explicitly specify liability for failure to provide information or unlawful restrictions on access, it does introduce state oversight of compliance with access-to-information legislation, including inspections to ensure adherence to legal requirements.

We urge state bodies to strictly adhere to the established norms. Adil Soz is confident that these amendments will strengthen journalism in Kazakhstan. We will continue to monitor the implementation of the law and advocate for its further improvement.