Currently pending before parliament, the government’s Draft Code sets out the sanctions for violating the media regulatory framework established by the 1999 Mass Media Law, which earlier created a restrictive and state control-oriented regime for the media. Article 19’s analysis points out that the Draft Code will further deteriorate this situation.
Article 19’s main concerns relate to the administrative responsibilities for:
– Failures of publishers of periodic mass media to register with a state agency;
– Media speculations about the outcome of trials;
– Passing on false reports and materials to the media;
– Violations of the rules concerning re-broadcasting of foreign programmes and broadcasting in non-State languages; and of the obligation to deposit mandatory copies of publications.
Furthermore Article 19 is concerned at the vagueness of some restrictions concerning the content of publications, and the absence of a requirement that all restrictions should be necessary and applied in the least restrictive manner in order to protect freedom of expression.
Restrictive santions
In violation of international law, the Draft Code provides for very restrictive sanctions including administrative arrest, and huge fines to be imposed together with confiscation of publications and suspension and termination of broadcasting services.
“We call on Kazakhstani MPs to ensure that media-related provisions in the Draft Code are in line with international law and the commitments to free expression made by Kazakhstan, before taking over the he Organization for Security and Co-operation in Europe (OSCE) chairmanship,” says Dr Agnes Callamard, ARTICLE 19 Executive Director.
The right to freedom of expression has long been regarded as a crucial human right for its fundamental importance to the functioning of democracy and for the exercise of other rights. It has been recognised by the Universal Declaration of Human Rights (UDHR) at Article 193 and by the International Covenant on Civil and Political Rights (ICCPR) at Article 194.
Freedom of expression is also guaranteed in various OSCE documents agreed to by Kazakhstan, such as the Helsinki Final Act, the Final Document of the Copenhagen meeting of the human dimension of the OSCE, the Charter of Paris agreed in 1990, the final document of the 1994 Budapest CSCE Summit, and the Istanbul Summit Declaration.
Read Article 19’s analysis of the draft Code of Administrative Offences of Kazakhstan here.
Contacts:
For more information please contact:
Boyko Boev, ARTICLE 19 Legal Officer, boyko@article19.org, +44 20 7324 2500.
Article 19, Free Word Centre, 60 Farringdon Road, London EC1R 3GA, United Kingdom Tel: +44 (0) 20 7324 2500 / Web: www.article19.org / Email: info@article19.org.
Article 19 is an independent human rights organisation that works around the world to protect and promote the right to freedom of expression. It takes its name from Article 19 of the Universal Declaration of Human Rights, which guarantees free speech.
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