A rally was held near the office of Radio Azattyq on October 13. It was the second one this year. Several dozen demonstrators (the number of participants, according to various sources, ranged from 20 to 50 people) demanded that Azattyq, Kloop, and Kaktus Media should stop working in Kyrgyzstan. The participants also stated that it’s necessary to adopt a law on “foreign agents” in Kyrgyzstan.
The protesters called Azattyq journalists ‘instigators’ and ‘Western propagandists’, claimed that the media ‘covers only the negative’, ‘incorrectly’ provides information or gives it ‘one-sidedly’.
The day before this action, it became known that MP Nadira Narmatova was collecting signatures for the closure of Azattyq, Kloop and Kaktus Media and was preparing an appeal to the President. This was stated by her colleague Dastan Bekeshev. Narmatova denied this statement, but other deputies, in a conversation with journalists, confirmed that she was collecting signatures and she was supported by about 40 people’s deputies.
In response to these events, on October 14 in Bishkek, several dozen human rights defenders, journalists and civil activists marched through the city center on foot in defense of freedom of speech in Kyrgyzstan, as well as demanding that the deputies, who are trying to limit it, surrender their mandates.
On the same day, representatives of the School of Peacekeeping and Media Technologies in Central Asia appealed to the authorities of Kyrgyzstan with a demand to stop attacks on independent media.
“It’s thanks to independent media and journalists that Kyrgyzstan still holds the best positions in international ratings, bypassing all the countries of Central Asia and many states of the post-Soviet space. The attempts of some groups that organized a rally in Bishkek demanding the closure of independent media are unconstitutional. They violate Article 10 of the Constitution which says that the media are free and carry out their activities in accordance with the law,” the organization noted.
“The use of the old mechanism of pressure on independent media, opposing them to society will have negative consequences,” the School of Peacemaking and Media Technologies said.
“We call on the deputies, the government and the organizers of such actions to stop manipulating the work of independent media. The authorities are obliged to immediately respond to threats against media groups,” the appeal says.
President of Radio Free Europe/Radio Liberty Jamie Fly also commented on the threats against Azattyq. He called on the authorities of Kyrgyzstan to investigate the incident.
“The journalists of Radio Azattyq will not be intimidated by threats. I call on the authorities of Kyrgyzstan to investigate those responsible for these threats of violence against our staff and office,” said RFE/RL President and CEO Jamie Fly.
The rally against Azattyq, Kloop and Kaktus Media was held in Bishkek not for the first time. On February 9, 2022, the protesters demanded the closure of these media; first at the office of Kaktus Media, and then they moved to the office of Kloop. The protesters demanded that all three publication offices be closed and a law on ‘foreign agents’ be adopted.
These actions take place against the backdrop of a discussion of an updated law on the media, developed by the information policy service of the presidential administration. The document appeared on the government website on September 28. Its creation, as stated in the justification certificate, is dictated by the moral desuetude of the current Law of the Kyrgyz Republic “On mass media” dated July 2, 1992.
The very first article says that the new law allows ‘restriction of freedom of speech, press and other media in a state of emergency and martial law in accordance with constitutional law’. At the same time, the justification note explains that this is not about censorship, but about the introduction of ‘public control’ over what the media publish.
Censorship is prohibited in Kyrgyzstan and the new law doesn’t cancel this ban. The authors refer to the norms of the International Covenant on Civil and Political Rights of 1966. It states that the exercise of the right to freely express one’s opinion imposes special duties and special responsibilities, subject to certain restrictions, which, however, must be established by law.
In addition, the new bill also introduces a number of other prohibitions and restrictions.
The Legal Clinic “Adilet” analyzed the published bill and called it a tougher attempt by the authorities to establish control over the media space in Kyrgyzstan.
“It’s envisaged to introduce a number of different grounds and requirements containing extremely vague wording of restrictions and prohibitions, non-compliance with which may lead to the liquidation of the media. The procedures for registering mass media are becoming much more complicated, the status of which will also apply to online media, i.e. to websites,” the analysis says.
The new bill completely deprives foreign citizens of the right to be founders of media in Kyrgyzstan, as well as organizations whose share of foreign capital is 50%.
In addition, all media outlets are invited to go through the re-registration procedure by June 1, 2023. Those, who don’t pass it, will be automatically considered liquidated.
At the same time, when registering a media outlet, it will be necessary to provide not only information about the founders, the name of the media outlet and the address of the editorial office, but also information about the sources of funding, as well as whether the founder is the owner of other companies or enterprises.
For a foreign publication not registered in the country, as well as funded by foreign states, legal entities or citizens, the permission of the Ministry of Foreign Affairs will be required. At the same time, the authors don’t provide any criteria and requirements for such accreditation, which is fraught with arbitrary and unlawful restrictions on freedom of expression.
“Thus, after the law comes into force, the citizens of Kyrgyzstan will have access only to those foreign media that the Cabinet of Ministers allows to work in our country,” lawyers of the Legal Clinic “Adilet” say.
They also add that the authors of the bill don’t provide justification for the proposed serious restrictions on freedom of speech.
