OSCE media freedom representative raises concern about proposed legal amendments in Kazakhstan

VIENNA, 3 September 2013 – The OSCE Representative on Freedom of the Media, Dunja Mijatović, today expressed concern about the proposed amendments to the Criminal and Administrative codes in Kazakhstan which could limit the freedom of expression.

“The new draft amendments reflect an ambiguous policy,” Mijatović wrote in a letter to Rakhmet Mukashev, the Chairman of the Kazakhstan’s Parliamentarian Committee on Legislation and Judicial and Legal Reform. “While there are positive changes proposed for the Criminal Code regarding the protection of professional journalism as an institution, it still contains and even strengthens sanctions that could limit free expression and freedom of the media.”

In the letter Mijatovic referred to a comprehensive legal review of relevant media draft amendments, commissioned by her Office.

“The legal reform in Kazakhstan was meant to improve adherence to international standards and best practice which require the decriminalization of defamation, and I am therefore  disappointed that criminal defamation provisions remained and have been in fact toughened,” Mijatović said.

Practical implications of sanctions, such as the preserved practice of suspending the activity of media outlets or confiscating a press run for minor administrative offences is another area of concern, she pointed out.

“The recent cases of suspensions of Pravdivaya gazeta and Pravda Kazakhstana for several months for just having indicated a wrong periodicity or a slightly different press run are examples of such disproportionate sanctions,” Mijatović said. “I hope Kazakhstan’s parliament will eliminate this kind of sanctions from the Administrative Code, as they are used to silence members of the media.”

The legal review also recommended to eliminate criminal liability for infringement on privacy, for allowing the publication of “extremist” materials, and administrative liability for the failure to fill quotas in the production of media content in state language.

“I welcome that the civil society is engaged in the dialogue on the legal reform. I trust that Kazakhstan will make the best use of this dialogue to strengthen media freedom and pluralism,” Mijatovic said, adding that her Office stands ready to assist Kazakhstan to that end.

The full text of the legal review is available in Russian at https://www.osce.org/ru/fom/104489