Uzbekistan's draft information code shows promise but still needs improvement, OSCE Human Rights Director and Media Freedom Representative say

WARSAW/VIENNA, 9 July 2024 – In a new legal analysis of Uzbekistan's draft information code, Matteo Mecacci, the Director of the OSCE Office for Democratic Institutions and Human Rights (ODIHR) and Teresa Ribeiro, the OSCE Representative on Freedom of the Media (RFoM), noted that while the code contains positive elements, it also includes provisions that need improvement to meet international standards and OSCE commitments on freedom of expression and media freedom.

Freedom of expression is core to all democracies, they said. While a number of provisions in Uzbekistan’s draft legislation go in a positive direction, several still pose risks to this fundamental right. Director Mecacci and Representative Ribeiro therefore encourage the authorities to engage in a process of broad consultation, including with the media and civil society, to ensure its compliance with international standards and commitments.

In their joint legal analysis, ODIHR and RFoM noted positive steps included in the draft information code, including a ban on censorship and media monopolization, along with the requirement for free access to and use of information for everyone without discrimination.

However, the legal analysis notes that in its current form, the law risks concentrating media regulation under the government rather than an independent regulatory body. Additionally, it contains overly broad grounds for restricting content and suspending or terminating media activities, which could make it difficult for journalists to carry out their work.

Proven and established methods of media regulation and self-regulation are vital to ensure true independence and protect media freedom. But the concentration of regulatory power under the government proposed in Uzbekistan’s draft information code contradicts these principles. To prevent undue interference and to maintain a free and open media environment, it is critical to ensure that regulation is carried out by independent bodies, emphasised Mecacci and Ribeiro. ODIHR and the RFOM will be happy to provide support in order to improve the legislation for the benefit of all, they added.

The regulatory system foreseen in the draft legislation should also take into account the differences between broadcast media on the one hand and print and online media services on the other. In their legal analysis, ODIHR and RFoM underline that the press and online media should therefore be excluded from the scope of compulsory registration.

All OSCE states have committed to respecting the rights to freedom of expression, including the “freedom to hold opinions and to receive and impart information and ideas without interference by public authority” and to uphold media freedom. They have also recognised media freedom to be one of the cornerstones of a genuine and pluralistic democracy.