(ARTICLE 19/IFEX) – The following is a 15 December 2003 ARTICLE 19 open letter to President Nursultan Nazarbayev: 15 December 2003 Nursultan Nazarbayev President of the Republic of Kazakhstan Office of the President 11 Mira Street Astana 473000 Kazakhstan By Fax and Mail: +7 3172 323 073 Subject: Open letter re. Kazakhstan’s Law “Concerning Mass […]
(ARTICLE 19/IFEX) – The following is a 15 December 2003 ARTICLE 19 open letter to President Nursultan Nazarbayev:
15 December 2003
Nursultan Nazarbayev
President of the Republic of Kazakhstan
Office of the President
11 Mira Street
Astana 473000
Kazakhstan
By Fax and Mail: +7 3172 323 073
Subject: Open letter re. Kazakhstan’s Law “Concerning Mass Media”
Dear Mr. President,
I am writing regarding your Government’s proposal to enact a new Mass Media Law. We recognise the need to reform the 1999 Law on Mass Media, which fails to conform to international standards for the protection of freedom of expression, but we note that the proposed Law fails to remedy this problem and, in some cases, actually exacerbates it. We therefore urge you to discontinue consideration of the draft Law currently under consideration and, instead, to put in place a process of consultation whereby problems with the existing Law may be addressed in an open, democratic fashion.
ARTICLE 19 has produced an in-depth analysis of a draft version of the proposed Law, which we attach for your consideration. Our analysis indicates that the proposed Law falls far short of international norms for the protection of free expression. Passage of this Law would, therefore, place the Government of Kazakhstan in breach of its constitutional obligations, as well as its obligations as a member of the UN and OSCE.
One problem with the draft Law lies in its attempt to regulate every aspect of the media, and every media sector, in a single piece of legislation. This leads to uniform legal regimes for registration, licensing, accreditation and access to information that are vague and often inappropriate. The fields of broadcasting and access to official information, for example, should be addressed in separate laws.
A more important concern, however, is that significant powers – including registration, licensing and accreditation systems for the media and journalists – are exercised by bodies that lack independence from government. This is in clear breach of international standards in this area and presents the possibility of excessive State control over the media.
Another key concern is the broad content restrictions found in the proposed Law, which go far beyond what is permitted under international law and which will exert a chilling effect on freedom of the media. These restrictions, along with obligations on the media to disseminate State information, represent a clear infringement of editorial independence.
I again urge you to consider withdrawing the proposed Law from consideration and, instead, to put in place a process for reform of the existing Law. ARTICLE 19 has considerable expertise in this field, and we would be happy to provide any assistance we can should you wish to reform the existing Mass Media Law.
Yours sincerely,
Toby Mendel
Law and Asia Programmes Director
CC: Parliament of the Republic of Kazakhstan
57 Abaya, Parliament House
Astana, 473000
Kazakhstan
Fax: +7 3172 333 892
