The Akyikatchi (Ombudsman) Institute of the Kyrgyz Republic provided an analysis of the new draft law “On Mass Media” proposed a year ago on the way it meets universally recognized principles and international law in terms of respect for human rights and freedoms.
On October 31, technical consultations on the implementation of the right to freedom of expression in the Kyrgyz Republic were held in Bishkek at a high level, with the participation of the Kyrgyz Parliament (Jogorku Kenesh) Speaker Nurlan Shakiyev and representatives of the UN, OSCE, ODIHR/OSCE.
Ombudsman Jamila Jamanbayeva, the initiator of the discussion, noted that the Akyikatchy Institute had approached international organizations for a full analysis and conducted a review by the national laws, studied the proposed norms of the draft law On Mass Media.
According to her, all standpoints of media representatives and initiators had been incorporated into the draft law.
The Ombudsman Institute has proposed to finalize the draft Law of the Kyrgyz Republic “On Mass Media” and insists on the need to ensure freedom of speech and respect for human rights and freedoms.
“Norms in the draft law contradicting to the universally recognized principles and international law need to be cut out. As a neutral, independent body, we call for dialogue with all stakeholders to maximize and fully respect human rights and freedom standards,” said Jamilya Jamanbayeva.
The new version of the law on mass media in September 2022 was proposed for public discussion by the presidential administration. A working group was created, headed by the Director of the Legal Support Department, Murat Ukushov. The working group, composed of media experts, lawyers and representatives of independent media pointed out some irregularities and contradictions, but the authors over the past year had proposed five draft versions one after another without taking into account the points of principle.
The Media Policy Institute analyzed the latest, fifth version of the draft law and found out that it also contradicted the norms of the Constitution of the Kyrgyz Republic and international treaties to which the country is a party.
A year ago, the IMP provided its comments on that initiative of the presidential administration.
In an interview with internews.kg lawyer of the Institute of Media Policy Akmat Alagushev commented on the importance of the consultations and the expert opinions:
“The cornerstone of the whole draft law, the core around which the whole “mayhem” is going on, is the registration of websites.
If we are lucky to reclaim this norm and convince the initiators of the draft law in no need to register web-sites, then we can say about the progress.
As for other restrictive norms, they still exist.
For example, when we talk about lawsuits involving the termination or suspension of media activities, the authorities can overcome the barriers even without this media law if they wish, as was the case with the blocking of the Azattyk website and is now happening with the kloop.kg website.
For example, in civil cases related to the protection of honor and dignity with the submission of million-dollar lawsuits against publications: we see that this is a direct violation on the part of the court and knowingly illegal decisions are made, since our legislation lacks a norm on inflicting moral damage to a legal entity, but the courts still make such decisions.
The good thing about such broad consultations is that when the international expert community comes up with conclusions and recommendations, I think that our authorities and government shall listen and compromise as well as accept the obvious things. It is recommended to review what violates international instruments on respect for rights and freedoms, that is, the commitments to which we have signed up.”
Antje Grave, UN Permanent Coordinator in Kyrgyzstan reminded that media and
information literacy programs, including those implemented with the support of the UN and projects of various multilateral governmental organizations, Bilateral donors, or foreign non-governmental organizations, provide tools and help people understand how to assess sources, distinguish reliable information from false information and recognize biased interpretations of events.
According to her, it is vital to encourage self-regulation of the media by creating and adhering to professional codes of conduct. This not only contributes to the development of ethical journalistic practice but also helps to identify and prevent fake news, misinformation and inaccurate stories within the media itself.
“It is critical to balance technological interference and the protection of civil liberties, respecting privacy rights and avoiding unwarranted censorship. The implementation of these strategies will contribute to the creation of a sustainable information ecosystem that upholds the values of freedom of expression while actively combating fake news and disinformation, which is especially necessary nowadays, when deepening polarization at the global and national levels provides ample ground for fake news spreading hatred and anxiety,” Antje Grave stressed.
The head of the legal clinic “Adilet” Cholpon Dzhakupova noted that the lawyers of the clinic have repeatedly submitted their comments, including in writing.
“We have always been the flagship of democracy in this region and have held that leadership role for 30 years. However, over the past 2–3 years, we have been rolling back on all indicators. And this is a very weak justification that, compared to neighboring Turkmenistan, we have freedom of speech. According to the main parameters, we are rolling back.
The partners are most concerned about three laws that have been adopted in the country: on NCOs, on the media and on changing the status of the Constitutional Court. The decision will be made by you. And the responsibility for those decisions will rest on your shoulders.
Today is an important moment: what kind of future Kyrgyzstan will choose for itself. Either we are on the island of democracy or this is a place where everything is closed, everyone is pressed and strangled,” Dzhakupova said, addressing the speaker of Parliament, Deputy Prime Minister of the Government and deputies who participated in the event.
The representative of the Media Action Platform of Kyrgyzstan, Semetey Amanbekov, recalled that the draft law proposed a year ago was 90 percent written off from the Russian counterpart. According to him, in six months the created working group met only twice. Suggestions and comments were given, but the initiators proposed 5 options without taking into account the comments of the media community.
“We need to write a completely new law, not adopt this one,” Amanbekov summarized.
The UN has submitted critical comments to the draft law “On the Media”
Matilda Boger, Regional Representative of the UN Human Rights Office for Central Asia, presented the report of the UN Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression. She noted that the document was sent to the leadership of Kyrgyzstan back in June 2023.
It was prepared based on the fifth edition of the draft Law «On Mass Media», published for public discussion by the presidential administration in May 2023.
The UN Human Rights Committee expresses concern about the draft law on the media due to reports of excessive pressure exerted by the authorities on journalists and others for expressing their opinions, in particular opinions criticizing the initiatives of state bodies, including the initiation of criminal cases against bloggers and journalists.
However, coverage of cases of “harassment and intimidation of journalists remains unanswered by the State party”.
The UN Committee recommended that Kyrgyzstan, as a party to the International Covenant on Civil and Political Rights,
review the national legal and institutional framework that may unduly restrict media freedom, including the draft Law on Mass Media, to ensure that it complies with the International Covenant;
abandon the use of criminal prosecution as a tool of pressure for critical materials on issues of public interest;
strengthen the protection of bloggers, journalists, human rights defenders and government critics against any kind of threat, pressure, intimidation, or attack, and ensure that all cases of unjustified interference committed against these professionals are thoroughly and independently investigated, prosecuted and punished;
revise the Law “On Protection from Inaccurate (False) Information” and ensure effective guarantees and judicial control of all decisions to block media resources.
The UN Special Rapporteur agrees with most of the arguments of local experts and mass media on the violations in the draft law on mass media presented by the presidential administration and believes that all the requirements create barriers to the activities of mass media.
The consultations were held under the auspices of the Akyikatchy (Ombudsman) Institute of the Kyrgyz Republic in partnership with the Adilet Legal Clinic and the Media Action Platform of Kyrgyzstan – Internews’ partner in the Kyrgyz Republic as part of the “Resilience and Engagement with Diverse Information for a Dynamic Environment (REVIVE) program”.
