The draft law was submitted for public discussion by the Ministry of Culture and Information of Kyrgyzstan by order of the head of government Akylbek Zhaparov on April 1.
The agency suggested that the clause on defamation and insult on mass media and internet be included into the Code of Offences. According to the background statement of the document, civil law fails to provide adequate response to the cases of insults and dissemination of knowingly false information on mass media and internet.
“Insults and humiliations disseminated on mass media and internet may have negative consequences for the society as a whole. It can lead to aggravation of conflicts, worsening of interpersonal relations and public destabilisation,” law drafters said.
The following penalties were suggested for these offences: 7.5 thousand Kyrgyz som (84 dollars) for individuals and 23 thousand Kyrgyz som (257.5 dollars) for legal entities for an insult, and 10 thousand Kyrgyz som (112 dollars) for individuals and 28 thousand Kyrgyz som (313.5 dollars) for legal entities, respectively, for defamation.
Previously, the clause on defamation and insult had already been in the Criminal Code of Kyrgyzstan, but in 2011 it was decriminalised and removed. Cases on this charge had been reviewed in court, and now the Ministry of Culture, Information and Tourism is responsible for them. It means that the agency would impose penalty in its sole discretion.
Media expert Akmat Alagushev doubts that the ministry of culture could perform all functions of the court.
“We should be aware that the authorised body would encounter many problems when scheduling various examinations. Will it be able to overcome them and replace the legal procedure in full just like it is now in civil court? We should also be aware of the procedure, whether it will be private or public. Will it consider cases only based on legal statement?” the expert said (as quoted from kaktus.media).
Please note that the ministry of culture is entitled now to block websites of mass media on the basis of the law “On protection against false information.” In 2022, authorities blocked websites of Azattyk Media and ResPublica and suspended the live broadcast of Next TV on a charge of inciting interethnic discord. Criminal proceedings were instituted against director of the TV channel Taalaibek Duishenbiev and he was sentenced to 5 years in prison, yet the sentence was suspended. The website of the news agency 24.kg was also blocked temporarily.
In September 2023, the ministry of culture demanded to remove one of materials published by Kloop.kg, but blocked the website after the editorial office refused to remove it.
Less freedom of speech
In the last few years, Kyrgyzstan has seen worsening free speech situation. By results of 2023, Kyrgyzstan has fallen 50 places in the World Press Freedom Index and was ranked 122nd out of 180. Journalists and bloggers often become subjects of criminal cases in the country.
At the end of January 2024, law enforcement bodies detained and initiated criminal cases for “calls for mass disorders” against 11 journalists. They all either worked or work with projects ‘Ait Ait Dese’ and ‘Temirov Live’, which are related to investigative journalist Bolot Temirov. Eight of them are still in custody.
Temirov was deported from Kyrgyzstan in the middle of December 2022 by authorities on the ground of ‘illegal receipt of a passport of a citizen of the Kyrgyz Republic’.
On January 12, 2023, blogger Adilet Ali Myktybek, also known as Adilet Baltabai, was sent to the prison settlement for five years right from the courtroom. He was openly opposing some decisions of the authorities in power. In August of the same year, writer Olzhobai Shakirov was detained and arrested. He was charged with the ‘Call for mass disorders’ and ‘Attempted power grab’.
At the end of August, the prosecutor’s office also filed a suit for liquidation of Public Foundation ‘Kloop Media’, a part of which is online outlet Kloop.kg. Court proceedings are still ongoing.
President Sadyr Japarov signed the so-called law ‘on foreign agents’ (amendments to the law “On non-profit organisations” on April 1. The law provides that non-profit organisations that get funds from abroad and conduct ‘political activity’ shall be recognised as ‘foreign representatives’ and included into a special register. These organisations must provide additional reports and accompany their publications with a note saying that these materials (information) have been produced, distributed and (or) forwarded by a non-profit organisation performing the functions of a foreign representative.
According to media expert and editor-in-chief of Checkit Media Asel Sooronbaeva, the return of a clause on defamation and insults may become both a tool against social media users, who engage in ad hominem attacks and insult others, and leverage on media outlets.
“We can see that social media does have many public accounts that discredit honour and dignity and call for mass disorders. The draft law possibly addresses them. But it will work against the media, as well. Despite the law on fake news, which allows blocking websites, it works against the media, not fake news. This clause will definitely work against media and bloggers, who cover the situation locally,” Sooronbaeva said.
According to her, the country is making a methodical effort to destroy independent journalism. In the past, there were targeted attacks on individual media outlets, and now it happens systematically.
“If we keep on moving at the same pace, there would be no independent journalism in the country. I doubt if there would be any journalism. Most probably, there would be only propaganda and publicity of activities of state bodies. But there would be no balanced journalism,” she said.