4 February 2004
IFEX MEMBERS RAISE ALARM OVER DRAFT MEDIA LAW
Amidst deteriorating press-freedom conditions in Kazakhstan, four IFEX members are warning that a draft media law being considered by the country's Senate will give the government greater powers to clamp down on the independent media.
ARTICLE 19, the Committee to Protect Journalists (CPJ), Reporters Without Borders (Reporters sans frontières, RSF) and the World Association of Newspapers (WAN) have expressed serious concerns over the proposed bill "On Mass Media in the Republic of Kazakhstan," which has already been passed by the lower house of parliament (Mazhlis).
CPJ says the bill contains vague language that weakens legal protection for the media and gives authorities greater powers to censor independent journalists. Under the bill, journalists could face up to five years in prison for "engaging in propaganda and agitation" even though these terms are not defined. They could also face up to three years in jail and be banned from practicising journalism if convicted of revealing vaguely defined "state secrets," says CPJ.
Independent broadcasters are vulnerable as well. The draft bill enables officials to force broadcasters into publicising government statements, turning them into tools of state propaganda. It also allows the government to shut down a broadcaster for up to three months if they violate the bill.
In a legal analysis of the draft bill, ARTICLE 19 says the proposed law falls far short of international free-expression standards. If passed, it would violate UN and OSCE norms, which Kazakhstan is obliged to follow. ARTICLE 19 says it is particularly concerned that the bill gives regulatory powers to bodies that are not independent of the government. This would exert a chilling effect on press freedom, warns ARTICLE 19.
Last December, local press-freedom groups, including Adil Soz and the Almaty office of Internews, pulled out of government-led consultations over the bill after observing that their suggestions were constantly rejected. CPJ is urging the government to incorporate the groups' concerns into the bill.
International pressure on the Kazakhstani government is growing. Last January, authorities released imprisoned journalist Sergei Duvanov, who had been detained since October 2002 on what many saw as trumped up rape charges. His release came after U.S. Secretary of State Colin Powell wrote a letter to President Nursultan Nazarbayev voicing concerns over Duvanov and the proposed media law, according to Radio Free Europe (RFE).
For the latest updates on the situation in Kazakhstan, visit Adil Soz's website: http://www.adilsoz.kz/english/hot_news/index.htm
Visit these links:
- IFEX: http://www.ifex.org/en/content/view/full/181/
- CPJ: http://www.cpj.org/protests/04ltrs/Kazak29jan04pl.html
- ARTICLE 19 analysis of draft media law: http://www.osce.org/documents/rfm/2003/05/956_en.pdf
- RSF on Sergei Duvanov:
http://www.rsf.org/article.php3?id_article=9060
- Freedom House Report on Kazakhstan: http://www.freedomhouse.org/research/freeworld/2002/countryratings/kazakhstan.htm
- Radio Free Europe: http://www.rferl.org/reports/mm/
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