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

The prosecutor's office successfully obtained the lifting of the ban imposed by "Kazakhstan temir zholy" on photo and video recording of violations

19 july 2023

The transport prosecutor's office deemed the telegraph instruction from the management of JSC "NC "Kazakhstan temir zholy" prohibiting photo and video recording of security violations in railway transport as illegal and successfully had it revoked.

The ban directly contradicted paragraph 2 of Article 20 of the Constitution of the Republic of Kazakhstan, which stipulates that everyone has the right to freely receive and disseminate information through any means not prohibited by law.

"This restriction primarily hindered the collection of evidence during investigations of accidents on railway tracks and created conditions for concealing various incidents, which could ultimately compromise safety in this sector. The prosecutor's office protest has been fully addressed, and the corresponding instruction has been declared illegal," explained the Chief Transport Prosecutor's Office.

Journalists frequently encounter such unlawful prohibitions on photography and video filming, not only at KTZ facilities but also in many other organizations (akimats, hotels, shopping centers, sports complexes, etc.). This occurs despite the fact that Article 20 of the Law "On the Mass Media" expressly grants journalists the right to visit government bodies and organizations of all ownership forms and make recordings using audiovisual equipment. The ban on photo and video recording can only be implemented through a law passed by the Parliament and not through acts and orders issued by various officials and organizations.

"Adil Soz" welcomes this precedent-setting decision by the prosecutor's office since freedom of speech is recognized as one of the fundamental rights by all democratic nations. It is also guaranteed by the Constitution of Kazakhstan. Therefore, the safeguarding of freedom of speech serves as an indicator of a society's development and the level of respect for existing laws within a country.

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