The government of the Republic of Kazakhstan is remaking the law “On news media” into the law “On mass media”. CABAR.asia figures out why the authorities try to qualify all digital content creators as mass media, what will change for bloggers, and what other innovations the law will bring.
Kazakhstan is discussing the draft law “On mass media,” which was developed by the Ministry of Information and which they want to adopt this year. However, according to experts, the document is still rough and contains only the points that should not be there. For example, the law will regulate the work not only of journalists but also of all those who post content on the internet – on Telegram, YouTube channels, and other online platforms.
Authorities want to embrace the immense
The applicable law “On news media” of the Republic of Kazakhstan was developed back in 1999, has been revised and revamped so many times that experts started to call it sarcastically the rag or patchwork quilt, and have pushed for adoption of the new law on mass media for a long time.
However, it is not the local journalistic community but the war in Ukraine that has become the “accelerator” for the authorities.
“The geopolitical global situation has marked the key significance of mass media in shaping information security and distribution of reliable information. The latest events have shown the clear need for strengthening the information sovereignty,” this is how drafters explained the need for the new law.
In May 2022, the authorities gathered the working group to draft the law, and eight months later, on January 3, 2023, the ministry of information and social development submitted the concept and draft law “On mass media” for public discussion.
“The draft law is very rough,” said Diana Okremova, director of public foundation “Legal Media Centre”, who is the expert in the draft development group. “The draft has so many questions, and very strange things. It is still unclear how they will be implemented in practice.”
Thus, the draft law has the new concept of mass media that covers news media and internet resources, which, according to Okremova, cover officially registered traditional media, officially registered internet resources, and other internet sources of information – bloggers, public accounts, etc. However, there is no separate provision in the draft law saying that bloggers qualify as mass media.
“There is no provision that qualifies bloggers as journalists,” Gulmira Birzhanova, lawyer of the public foundation “Legal Media Centre”, confirmed. “But when the law is called “On mass media” and the conceptual framework (separate block in the law – Editorial office) contains the concept that mass media cover news media and internet resources, it means the same with different words used. Internet resources means everything that is on the internet.”
In other words, if the draft law in its current version becomes effective, bloggers will have the same responsibility as journalists. The work of bloggers, public accounts and various channels on social media is already regulated by administrative and criminal codes. Therefore, experts do not understand why all internet resources should be included into the law on mass media, and stand against this provision.
She also fears that qualifying all internet resources as mass media can lead to confusion and non-working provisions, “This amount of control functions is very difficult to grasp. In other words, it means control of all internet and I don’t understand how our ministry is going to do it, to be honest.”
Dmitry Shishkin, journalist and founder of Telegram and YouTube project “Shishkin like”, is sure that nothing will change for him and his team once the new law becomes effective:
“We work as a professional editorial team. We are not registered as mass media, but e-otinish (a special service that allows all Kazakhstanis to make requests to state bodies – Editorial office) answers all our requests. We do not need to be accredited, we don’t participate in state procurements, therefore we don’t need this registration (registration of mass media with state bodies – Editorial office). But if they insist on registration, we will register, no problem.”
Nevertheless, according to the journalist, Kazakhstan does not need the law on mass media and the ministry of information.
“The United States can do without the ministry of information and the law on mass media for hundreds of years. And their media develop very well just on the grounds of the amendment on the freedom of speech (amendments to the American constitution – Editorial office). Our Constitution also has provisions on the freedom of speech, we have relevant laws, Civil Code, Criminal Code, which specify various kinds of offences. And I actually do not understand what the media law is for,” Shishkin said.
Delete it immediately
According to Gulmira Birzhanova, the draft law should exclude the provision, which reads that individuals and legal entities may demand to delete unreliable information published in the media.
“This is a very bad provision,” the lawyer said. “All and sundry will ask to delete the material. I don’t say that now no one asks to delete materials, but we at least tell the mass media that it is up to them. But there is no obligation to delete material. But if the law has such wording, our media will be flooded with requests to delete material.”
The situation is aggravated by the fact that the draft law does not specify who will determine if published information is unreliable (now this is the function of courts).
“We insist on deleting this provision as it does not specify the mechanism. It is unclear how the process will be organised. Therefore, we don’t need it,” said Diana Okremova.
Journalists will have reduced period
The draft law “On mass media” has many provisions that need to be excluded, revised or have clearly defined mechanism. But it has some positive moments as well.
One of them is the introduction of the limitation of action period. Now the law on mass media does not have it, so journalists can be sued decades after their publication. The draft law “On mass media” now has the limitation of action period. It is three years. However, journalists suggest reducing it to one year.
“My length of service in journalism is about 20 years. I am very much concerned about the limitation of action period as I have to store all records since the beginning of my career. I suggest making the limitation of action period not more than one year. In my opinion, this period is enough to sue a journalist for published materials,” Oksana Skiban, head of the news bureau Zakon.kz in Astana, wrote in comments to the draft law.
Lawyer Gulmira Birzhanova also thinks that the limitation of action period should be limited to one year as in many other countries.
“Nevertheless, [the government] has no exact position regarding this issue, but there are disagreements between state bodies, (some – Editorial office) do not want to reduce the limitation of action period. But we will be insisting on reducing it. It might be three years, but one year is a perfect period.”
Public discussions of the draft law “On mass media” will continue until January 27 – all interested persons may submit their suggestions and comments via the online platform legalacts.egov.kz. Afterwards, the document will be submitted for revision. According to the website of open laws and regulations, all suggested recommendations shall be taken into account.
Main photo: Freepik
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