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June
2005
In June monitoring registered 35 reports. Twenty of
them define the actual state of mass media in the political atmosphere
of the month, 10 give the information on direct violations of mass media
and journalists’ rights, and last five reports inform about the
conflicts and accusations, brought against the media and journalists,
which are mostly were not based on the Law.
I. PECULARITIES OF POLITICAL, SOCIAL,
ADMINISTRATIVE AND LEGAL CLIMATE IN THE COUNTRY, DETERMINING THE ACTUAL
STATE OF MASS MEDIA
1.Public announcements, official statements and
speeches by top officials, characterizing the present state of mass
media
June 9
Adahan
Madumarov, acting
Vice-premier of the Kyrgyz Republic (Bishkek)
During the working
meeting with head of OSCE mission in Kyrgyzstan Lubomir Kopai, Adahan
Madumarov, vice-premier of the Kyrgyz Republic informed about the
intentions to create the Observant Council consisted of 9 people, which
will elect the presidents of State TV companies and state radio
companies.
Besides, Madumarov said that the form of management will be
changed.
June 9
Felix
Kulov, acting first
Vice-premier of the Kyrgyz Republic (Bishkek)
"The journalists themselves should work out the rules
for carrying out their activities and define its borders in speech
freedom sphere, then suggest to authorities their vision of problem,"
said Felix Kulov, acting first vice-premier in his interview with the
newspaper Argunmenty I facty.
Kulov is confident that the new government will build its relations
with mass media on law basis. "The state must minimally interfere into
mass media activity," thinks Kulov.
June 13
Adahan
Madumarov, acting
Vice-premier of the Kyrgyz Republic (Bishkek)
"OSCE will financially support independent mass media
of Kyrgyzstan," said vice-premier Adahan Madumarov in his interview with
the newspaper MSN.
As Madumarov said, he had met with head of OSCE
department on mass media last week. "OSCE is ready to assist our
independent mass media, really independent. Most likely it will announce
the competition among the independent mass media," said Madumarov.
Besides, OSCE is ready to establish the
re-translators in remote regions. “I have to estimate the real cost of
this project jointly with the specialists,” said Madumarov.
June 24
Adahan Madumarov,
Vice-prime Minister of the Kyrgyz Republic (Bishkek)
"All independent mass media depend on sponsors,
nevertheless as member of Government, supervising mass media, I will not
admit the dictate above journalists," said vice-premier Adahan Madumarov
in his speech.
2. Actions by officials defining the actual state
of mass media
June 6
All mass media (Osh oblast)
Mass media representatives are not allowed to visit
the territory of a new camp for refugees from Uzbekistan. According to
Abdumalik Sharipov, correspondent of human rights protective bulletin
Right for all, the oblast authorities suppress all attempts of
informational exchange between the both parties.
The employee of Osh migration service, who wished to
stay anonymous, also recognized the fact of informational blockade.
"According to the ruling of administration, mass media is prohibited to
visit the camp. On the other side almost all sources of information are
closed for the refugees. In particular it concerns the newspapers MSN
and Fergana," said he.
June 10
All mass media (Jalalabat oblast)
Jalalabat authorities have toughened carrying mode
towards journalists and human rights activists, who desire to enter the
camp for refugees from Uzbekistan.
According to Guljan Asanova, governor's press
secretary the journalists will be able to enter the camp only by
accreditation, which can be received from migration and boundary
services of Kyrgyzstan. Asanova says that these measures are made for
safety of refugees.
However the local journalists said that oblast
administration established the double informational blockade. While the
publicity feels impossible to get true information, the refuges are
almost isolated from the world. In particular the refugees are
prohibited to get periodicals, which illuminate the political events
happening in Kyrgyzstan and Uzbekistan.
June 10
Aysalkyn Karasartova,
press secretary of Naryn
oblast governor (Naryn city)
Aysalkyn Karasartova, press-secretary of Naryn oblast
governor denied information about her prejudiced attitude to mass media
at the meeting with Naryn journalists.
We remind that on June 8 Naryn independent TV company Shankai
distributed the information saying that independent mass media in
Naryn ask governor to pay attention to activity of his press-secretary.
The journalists worried about the fact that
information about the administration activity comes to mass media
selectively and some mass media have no access to press-conferences and
meetings, held in administration, even if the journalists have the
accreditation for work with executive power bodies.
Karasartova said that representatives of this TV
company are guilty themselves, as she always informs mass media about
the meetings.
She thinks that the main aim of this initiative is to
discredit her reputation. "The owners of TV company Shankai feels
the personal hostility and I don't know the reason why," said she.
3.Amendments and draft amendments into current
legislation, determining the legal status of mass media
June 15
National TV/Radio Broadcasting Corporation
(Bishkek)
The next session of a round table on developing the
law draft “On TV/Radio broadcasting” under the chairmanship of deputy
Imanaliev was held in Parliament building.
The participants of round table discussed the law
draft which was worked out on the basis of suggestions, amendments took
during the first session. The law draft “On broadcasting”, worked out by
the lawyers from Internews was taken as the basics.
The press-service informs, that main debates were
focused around the article on antimonopoly limitations in broadcasting.
The representatives of National TV/Radio corporation didn’t agree with
the article, that prohibits for one broadcaster and its branches to
broadcast on more than two or three TV and Radio channels.
National Broadcasting Corporation suggested to oblige
commercial broadcasters to present part of airtime to programs in Kyrgyz
language. In this connection as the opponent acted Elvira Sarieva,
director of Internews, who noted that in this case the private
regional TV and Radio broadcasters will suffer, as they have no huge
financial and technical possibilities, as National Corporation has.
Before the next session of the round table the
representatives of National Corporation intend to work out the separate
chapter on activity of National Corporation with the aim to include it
into the law draft “On TV/Radio broadcasting”.
4.Evaluations of actual state of Mass Media and
freedom of speech
June 21
TV/Radio Company Osh-3000
(Osh)
The citizens of Kadamjayskiy region addressed to
management of TV/Radio company Osh-3000 with request to cover
election campaign impartially.
"We know that Osh 3000 is the state channel
and thus it maust reflect the government's position and position of
local authorities. Nevertheless, we think that TV channel Osh 3000
has to illuminate presidential elections objectively," said in the
reference.
June 6
First channel (Russia)
The press-service of international version of the
First channel explained the situation in Kyrgyzstan around the
broadcasting of the first channel and said that this channel will
continue its work on the whole territory of the Kyrgyz Republic.
"The broadcasting outside the Russian Federation can
be realized only the joint-stock company "First channel. World network."
Other ways of broadcasting of the First channel are illegal. The First
channel doesn't consider the reduction of broadcasting volume and
changing of technical parameters and especially the coding of its
satellite on the territory of the Kyrgyz Republic," informed
press-service.
June 8
Irysbek Omurzakov,
Tribune (Bishkek)
"Before the presidential elections state mass media
pay their attention to only one main politician - prime-minister
Kurmanbek Bakiev," said Irysbek Omurzakov, chief editor of the newspaper
Tribune in his interview with radio Svoboda. According to
him, the governmental print and electronic mass media occupied this
position.
"Mass media still execute the social order of
authorities," thinks journalist.
June 10
Media Council of Kyrgyzstan
(Bishkek)
“Media council of Kyrgyzstan stopped its existence,”
think most of its members. Just through this council ex-president Akaev
introduced the law draft on changes into articles 127, 128 of the
Criminal Code and establishment of a state duty on asked money
compensation in claims on protection of honor, dignity and business
reputation to Parliament’s consideration. Unfortunately it was the only
appreciable initiative of Media Council.
Zayniddin Kurmanov, one of the member of Media
Council thinks that council terminated its activity because of absence
of initiative from above. Other reason is the establishment of Institute
of Media Representative as the competitor, thinks Kurmanov.
Media Council was founded on September 13, 2003
during the state conference “Interaction of mass media and civil
society”, organized by President’s administration with the financial
support of UNDP. The goal of this council was to work out the mechanisms
of self-regulation of mass media activity and consideration of conflict
situations.
This initiative was supported mostly by state mass
media. Non-state periodicals acted against the creation of this
structure, as they think it was created to assert interests of
authorities.
Institute of Media Representative was established on
May 27 by the decision of the commission which included representatives
of Ombudsman of Kyrgyzstan, professional media associations and lawyers
unions. This project supported by European Commission is called to
render assistance to mass media, to protect mass media and journalists
at courts, to promote free access to information.
5.
Actions by journalists on protection of their civil and professional
rights
June 24
Radio Azattyk
(Bishkek)
Informational agency AKI-Press informs that
number of journalists expressed the indignation over the policy used by
director of the Kyrgyz service of radio Azattyk Tynchtybek
Chorotegin and they intend to address to American management with
request to take measures. They accuse Chorotegin in arbitrariness,
introduction of censorship.
The direct reason of the conflict became the removal
from a post of Kiyaz Moldokasymov, former director, who made this radio
become popular and appointment of Kubat Otorbaev instead of
Moldokasymov.
Well-known economist-journalist Sapar Orozbakov said
that small picket took place at the day of representation of a new
director. Sapar Orozbakov and Jyrgalbek Kasabolotov left the collective
as a protest against the new director.
According to Orozbakov, recently Chorotegin has
visited the radio and tried to settle the conflict. But he left with no
results.
"Chorotegin hid the conflict from American
management, but when it became impossible he is trying to stop
opposition by payoff and threat," informed Orozbakov.
June 2
TV Company Osh TV, Mezon, DDK
(Osh city)
The heads of TV companies Osh-TV, Mezon-TV and DDK,
covering on south of Kyrgyzstan acted with the address to Kyrgyzstan’s
authorities. They are concern about the performance of
vice-prime-minister Adahan Madumarov at media forum, which took place on
May 31 in Bishkek.
The journalists think that vice-prime made the
critical remarks concerning the Uzbek language of broadcasting on the
Kyrgyz TV, referring on absence of Kyrgyz TV Companies on the territory
of Uzbekistan.
“It appears that Kyrgyzstan shouldn’t have TV
channels, with Uzbek language broadcasting,” said in their address.
The heads of southern TV/Radio companies ask to
explain if the words by vice-prime minister are the part of state policy
of the Kyrgyz Republic towards non-governmental mass media.
June 7
Zamira
Sydykova, ResPublica (Bishkek)
Zamira Sydykova, chief editor of the newspaper
ResPublica and recently appointed ambassador of Kyrgyzstan in USA
declared about her intention to sue ex-president Askar Akaev.
Sydykova informed, that she submitted claim to
general prosecutor's office about the legality of court decisions, taken
towards her and newspaper by the claims from ex-president.
"Akaev sued our periodical, trying to prove that he
has no any other property except one old Volga car and apartment in
Bishkek," said Sydykova, having noticed that she was right when wrote
about the plunders by president and his family.
June 8
TV Company Shankai (Naryn city)
Independent mass media of Naryn intend to address to
governor with the request to pay attention to activity of his
press-secretary. The journalists worried about the fact that information
about the administration activity comes to mass media selectively and
some mass media have no access to press-conferences and meetings, held
in administration, even if the journalists have the accreditation for
work with executive power bodies.
June 10
Kyrgyzbasmasoz, Kyrgyzpochtasy
(Bishkek)
The participants of a round table held in publishing
house for mass media support, discussed the possibility on creation of
alternative system of distribution of print periodicals in Kyrgyzstan.
They think that state enterprises Kyrgyzbasmasoz and Kyrgyzpochtasy
actually don't provide the duly delivery of newspapers and magazines.
Also they still don't extinguish their debts before the local
newspapers.
The participants of round table came up to opinion,
that Kyrgyz newspapers need the alternative system of distribution.
However, they don't know yet what kind of system will it be.
Alexander Kim, chief editor of MSN periodical
thinks that it is necessary to finance the new structure as it must be
competitive. The participants of round table also accepted the common
declaration of publishers and distributors of print production.
June 13
All mass media
(Bishkek)
The realization of monitoring project during the
presidential elections started in Kyrgyzstan. Monitoring will be
conducted by Internews, CIMERA with the financial support of OSCE.
According to project coordinator Kuban Mambetaliev,
the main goal of monitoring is to follow the work of electronic and
print mass media in Bishkek, Tokmok, Karabalta, Karakol, Naryn, Talas,
Osh, Jalalabat, Batken and Kyzylkiya. Monitoring will capture 150 print
and 34 electronic mass media.
The monitoring results will be saved to database and
provided by the juridical expertise. We remind that Internews and CIMERA
in Kyrgyzstan have already conducted the analogical monitoring during
the parliamentary elections in February. Their report was used by
numerous international institutes.
June 16
Kyrgyz Tuusu (Naryn
oblast)
The collective of the newspaper Kyrgyz Tuusu
came to Naryn oblast to meet with its readers to explain the new
direction and politics of newspaper, to inform about the future plans.
According to newspaper editor Bakyt Orunbekov, the
periodical has totally changed its policy. The newspaper editorial staff
promised to present the objective information in future. It is not a
secret that newspaper Kyrgyz Tuusu was considered as megaphone of
ex-president and his family. Every issue of this periodical contained
the materials about ex-president and his family. The newspaper
negatively wrote about ex-president’s enemies and ennobled his
supporters. In a result this newspaper deserved negative attitude,” said
chief editor.
June 25
Javlon Mirzahodjaev,
TV Company Mezon (Osh city)
Head of TV Company Mezon Javlon Mirzahodjaev acted with the
reference, where he refuted the rumors on cooperation of this TV Company
with National Security Service of Uzbekistan.
"Last time we often receive the same question: why do
we give the video materials on events, connected with Andijan tragedy to
Uzbek special services? I declare that we never did it.
I don't know who and with what aim is distributing
such rumors," said Mirzahodjaev.
II. VIOLATIONS OF MASS MEDIA AND JOURNALISTS’
RIGHTS
1.
Attacks on journalists and mass media
June 17
Evgeniy Petriychuk,
Vecherniy Bishkek (Bishkek)
Photo correspondent of the newspaper Vecherniy
Bishkek, Evgeniy Petriychuk was attacked by unknown people when he
was preparing the photo report about the capture of Government house.
The attackers spoiled the film.
The employees of national safety service deny their
participation to this incident. According to the words of special
services representative, the attackers were from the Service of state
protection of Government house.
June 17
TV Company KOORT
(Bishkek)
The correspondents of TV Company KOORT were
attacked by unknown people, when the journalists were shooting the
meeting participants. They took the video tape and destroyed it.
According to journalists Dmitriy Pavlov and Manat
Sulaymanova, they taped the capture and negotiations between vice-prime
minister Daniyar Usenov, Tursunbek Akun with the protest meeting
participants.
Journalists said that illegal actions were undertaken
only towards them.
Commentary
Article 16 of the Kyrgyz Constitution foresees
the right of every citizen for personal inviolability independently of
his legal status and social position.
The actions of malefactors in these cases have
to be qualified according to the article 151 of the Criminal Code, which
foresees the criminal responsibility for obstruction of professional
activity of journalists.
2.
Threats toward journalists
June 14
Ilhom Abdukaharov, Nomanjon Rahimov,
TV Company Mezon (Osh city)
The shooting crew of Osh TV Company Mezon
Ilhom Abdukaharov and Nomanjon Rahimov were threatened by meeting
participants, who were at the central square near the building of state
administration in Osh oblast.
They threatened journalists by physical punishment in
the case if the meeting will not be showed on TV channel in its full
volume.
Commentary
Article 16 of the Kyrgyz Constitution foresees
the right of every citizen for personal inviolability independently of
his legal status and social position. Article 13 of the Law “On
protection of professional activity of journalist” defines that
violation of journalist’s rights, established by the Law, insult of his
honor and dignity, threat, violence or encroachment upon his life,
health and property in connection with his professional activity
foresees the responsibility in accordance with the legislation of the
Kyrgyz Republic.
3.
Obstruction of mass media output
June 21
Bermet Turduniyazova,
Meken (Bishkek)
Editor-in-chief of the newspaper Meken Bermet
Turduniyazova informed that in the case if the special services will not
return the technical equipment of the newspaper she will announce about
the political reasons of this issue.
Let's remind that on June 17 the newspaper office was has undergone to a
search. The office doors were broken and special services withdrawn the
hard disks from all computers.
The same dame Bermet Turduniyasova, newspaper editor
was detained and interrogated. She was released after 15 hours.
The capture of Government house on March 17,
organized by newspaper founder Urmat Baryktabasov reasoned these
operative actions.
Commentary
Even if not to consider the validity of actions
by employees of National safety service in detention of journalist and
conduction of search, the fact their actions let to termination of the
newspaper output testifies the violation of mass media rights. According
to the article 8 of the Law “On mass media” termination of activity of
mass media is possible only on decision of founder or court in the case
if mass media body violates the law. As well as the termination of mass
media output is allowed only by the court’s decision.
4.
Unjustified refusal in mass media registration
June 24
Gennadiy Pavluk (Bishkek)
Ministry of Justice refused to register the new
periodical. Gennadiy Pabluk, editor of the newspaper AiF-Kyrgyzstan
said that there were no any reasons to refuse in registration. "The
reason is that authorities want to discharge our newspaper from
illumination of election campaign. It became known that on the eve
somebody from Government house called to Ministry of Justice and asked
to postpone the registration till July 7," said Pavluk.
He thinks that authorities were dissatisfied by the
sharp publications in AiF-Kyrgyzstan and therefore the officials
have promoted the break of our relations with Moscow management.
"Unfortunately Moscow management didn't support us, it gave the
newspaper to other publisher," said Pavluk.
Let's remind that the newspaper published the
interview with Felix Kulov on the front page, thus putting off the
Moscow news on second pages and violating the agreement with Moscow
edition.
Commentary
According to the article 12 of the Law “On
state registration of legal entities” refusal in state registration of a
legal entity can follow only because of discrepancy of constituent
documents to legislation. In the case of refusal to register legal
entity the recording body within 10 days from applications submission
has to give the motivated refusal in a written form with the reference
on violation of a concrete law to legal entity.
In accordance with the article 6 of the Law “On
mass media” application in registration and other necessary documents
are submitted by mass media body to appropriate organs of the Kyrgyz
Republic and have to be considered within one month. Mass media has to
conduct its activity after registration. Unjustified refusal in mass
media registration or delay of registration can be appealed at court.
5.
Plunder of mass media property
June 8
TV Company Osh TV
(Osh city)
Unknown people tried to
steal the electric cable, belonged to TV company Osh TV, informed
Halil Hudaybergenov, president of TV company. According to him the
brakes appeared on June 7 during the airtime. Later the technical
service of Osh TV revealed that someone intentionally damaged the cable,
coming from the studio to TV tower, located on Sulayman mountain.
Hudaybergenov supposes that
somebody frightened off the hooligans, as they didn't steal the electric
cable.
Commentary
Article 9 of the Constitution says that
property is inviolable. No one can be deprived of his own property.
In this case the actions of malefactors must be
qualified according to articles 28, 164 of the Criminal Code, which
foresee the criminal responsibility for attempt to steal another's
property.
6.
Illegal demands on censorship of publications
June 7
Klara Tapkeeva,
Jalalabat unu (Jalalabat city)
Klara Tapkeeva the chief editor of the newspaper
Jalalabat unu informed about the fact of interference into the
journalists' activity.
On May 27 the newspaper published the article "Aysariev
emi chyndap mer boldu" which narrated about the held session of city
kenesh of deputies, where Ilyas Aysariev was elected as mayor of
Jalalabat city.
"After the article was published the mayor himself
called me and expressed his sharp discontent by the article. He didn't
like the article heading and his picture," said she. According to
Tapkeeva the city officials want the content of each newspaper issue to
be agreed with them.
The newspaper Jalalabat unu is the official
print organ of city mayor's office and kenesh of deputies.
Commentary
The actions of mayor in this case are illegal,
as censorship is prohibited in the Kyrgyz Republic by Constitution (p.10
art.16), Law “On mass media” and Law “On protection of professional
activity of a journalist”. According to the article 4 of the Law “On
protection of professional activity of a journalist” nobody has a right
to demand from a journalist for preliminary agreement of messages and
materials, and also to demand to change the content or full take off the
material.
7.
Unjustified refusal to present publicly important information
June 15
TV/Radio Company Osh-3000
(Osh city)
During the TV airtime correspondent of TV/Radio
Company Osh-3000 Zulfiya Kojoeva phoned to prosecutor of Osh city
Talant Kojonov to know ask about the situation, connected with the
incident near Alay hotel. Also she was interested in quantity of
suffered people and comments of prosecutor concerning the firing.
Kojonov refused to answer the put questions, referring the absence of
information.
Let's remind that on June 13 the meeting participants
tried to capture the building of Alay hotel, where the staff of deputy
Bayaman Erkinbaev is situated. During the collision the supporters of
deputy opened fire, there are suffered people.
Commentary
A journalist while executing his professional
activity independently of his belonging to the state or private Mass
Media follows the norms of the Law “On protection of professional
activity of a journalist”, the Law “On mass media” and has a right to
attend the organizations of all types of property, be accepted by their
officials, to make notes in established order, including using the
technical means, to require and receive publicly important information
is state organs, organs of self-management, public unions, enterprises,
establishments and organizations, to get the access to documents,
materials with the information, except those which contain state or any
other law protected secret, and also the information with a limited
access.
Prosecutor must own this kind of information
and render it to journalist, as this information didn’t contain any
secret. Thus his actions are unjustified.
8. Violation of economic rights of mass media
June 15
Argumenti I facty – Kyrgyzstan
(Bishkek)
Joint stock company Uchkun refused to print the next
issue of the newspaper Argumenty I facty-Kyrgyzstan. Management
of Uchkun explained this by the fact that Moscow Aigumenty I facty
threatened Uchkun by the court claim in the case if Uchkun continues
printing the periodical in Kyrgyzstan.
But newspaper editor Gennadiy Pavluk thinks that this
newspaper became objectionable.
The newspaper collective doesn't want to give up, and
not the re-registration of this newspaper is taking place in Ministry of
Justice, and several Kyrgyz mass media act to support newspaper.
June 28
Nurkan Koychumanova,
TV Company Baktynur (Jalalabat)
Director of Jalalabat independent TV company
Baktynur Nurkan Koychumanova informed about the fact of rendering
the pressure by Osh territorial management of radio relay highways. On
June 20 the airtime of this company was blocked according to the
decision of Osh territorial management of radio relay highways. The
reason is in ostensibly delayed payments by TV Company.
Nurkan Koychumanova thinks that reason is in
beginning of election campaign. "Earlier we always paid for given
services and on presentation of account by this management. Now they
decided to use the situation and demand for advance payment for
airtime," said director of Baktynur TV Nurkan Koychumanova.
Commentary
It is necessary to follow the content of
agreements, which were concluded between two parties. Any economic
figure, including mass media uses the rights and carries out
responsibilities, foreseen by the law, or gets the rights and
obligations by conclusion of transactions (agreements). In the case of
non-execution or inadequate execution of agreements conditions by one of
the parties, other party has a right to demand from a guilty party for
execution of agreement’s points and can collect all loses, including
lost benefit.
III. CONFLICTS. VIOLATIONS,
INCRIMINATED TO MASS MEDIA AND JOURNALISTS
1. Accusations in hooliganism
(art.234, Criminal Code of KR)
June 7
Anarhan Janybaeva,
Kyrgyz ruhu (Jalalabat)
Inspector of Jalalabat department of internal affairs
Nurlan Torogeldiev made the order on excitement of criminal case against
the correspondent of the newspaper Kyrgyz Ruhu Anarhan Janybaeva
on the basis of application submitted by Janysh Sayakov, head of HR
department of oblast prosecutor's office.
The journalist is accused in hooliganism and
destruction of property. Sayakov asserts that she broke the windows in
his private house by the stone.
The journalist is not agree with the accusation and
actions of inspector. According to her, this criminal case is the way to
solve the problems with her.
"On May 10th evening I was in village Safarovka of
Suzak region and came back to Jalalabat only the next day. This fact can
be confirmed by witnesses," said Janybaeva.
Journalist also noted that Sayakov didn't specify the
date of her hooliganism actions, while the inspector specified this date
as May 10.
To protect her rights Janybaeva wrote the application
to general prosecutor of republic and chief of internal affairs
department in Jalalabat oblast.
Commentary
Having considered the fact
that journalist herself doesn’t think that she is guilty it is necessary
to remind that according to article 322 of Criminal Code, attraction of
obviously innocent person to criminal responsibility by the worker of
law-enforcement bodies is punished by deprivation of freedom from 2 to 5
years. The same action along with the accusation in commitment of a hard
crime is punished by deprivation of freedom from 5 to 10 years.
2.Demands on protection of
honor, dignity and business reputation, coming out of publication of
opinions, views, beliefs and estimated judgments
June 13
ResPublica, Jany Ordo, Jany
Kylym (Bishkek)
"Despite Felix Kulov announced about his intention
not to sue periodicals, Ar-Namys political party reserves the right to
submit court claim against the periodicals, which insult acting
vice-prime-minister," said member of party council Abdysapar Bayalinov.
According to him, the newspapers ResPublica, Jany
ordo and Jany kylym began publishing the false information about the
agreement between Felix Kulov and Kurmanbek Bakiev. Bayalinov thinks
that the periodicals try to destroy the tandem of politicians.
The editor of ResPublica periodical Tatiyana
Popova says that there are no any insults of honor and dignity of Kulov.
"We criticized only his statements and critics can not be judged. Public
persons must follow every word," thinks Popova.
June 15
MSN (Bishkek)
Maksim Maksimovich, official representative of
ex-president Askar Akaev informed about the intention to sue the
newspaper MSN and journalist Ludmila Jolmuhamedova. According to
him, the claim against the independent periodical and journalist is
preparing.
The publication by Ludmila Jolmuhamedova "Askar
Akaev-vor v zakone", published on May 26 in MSN periodical reasoned this
intentions, as advocate thinks that article harms honor and dignity of
his client.
Commentary
According to article 17 of
the Law “On mass media” citizen or organization has a right to protect
their rights at court.
According to article 18 of
Civil-remedial Code of the Kyrgyz Republic the legal responsibility at
violation of a personal non-rights (honor, dignity and business
reputation) comes with a presence of the following conditions:
-if the publication
contains exactly information (data), not thoughts, beliefs and
estimations;
-if these data is not
truth;
-if information harms
honor, dignity or business reputation of a claimant from the point of
view of observance the laws and moral principles by him. The civil-legal
responsibility doesn’t work without these conditions. In this case mass
media and author has to prove the reliability of published information.
According to the article 60 of Civil-remedial Code of the Kyrgyz
Republic claimant by himself has to prove the fact of violation of his
personal non-property rights.
If one of this point is
absent, the civil-legal responsibility does not work. According to the
demands of art.60 of Civil Code, claimant has to prove the fact of
distribution of the damaging information by a person, who faced with the
claim, and the respondent has to prove the information is true or false.
According to art.26 of the
Law “On mass media” mass media bodies do not responsible for
distribution of unverified information in mass media if:
-
this
information was contained in official documents and messages;
-
if
information was received from informational agencies or press-services
of state and public organs;
-
if
information is a reproduction of words at public performances;
if this information was contained in
performances of citizens, leaded to ether without preliminary record.
3.Accusations in distribution
of false information
June 17
Mass media of Russian
Federation and Uzbekistan
(Jalalabat)
Jalalabat oblast human rights protective organization
Validity accused foreign mass media and journalists in
disinformation on events in Andijan and Uzbek citizens, who seek for
shelter on Kyrgyzstan territory," said Valeriy Uleev, director of this
organization during the press-conference.
According to Valeriy Uleev, Russian and Uzbek mass
media conduct the targeted informational campaign to misinform the
publicity about the refugees from Andijan.
"There is no and was not independent mass media in
Uzbekistan, therefore it is aimless to demand objectivity from them. But
here we can not understand the position of Russian mass media, which
illuminate the events obviously one-sidedly and prejudicially. This can
be explained by the support of Islam Karimov's regime by Kremlin,"
thinks Uleev.
June 30
Agym, MSN
(Bishkek)
The heads of public unions "Zengi Baba" and "Chakyruu"
Solosun Toktonova and Burul Ismailova called independent periodicals
Agym and MSN to publish only objective and checked information.
This reaction was reasoned by publication narrating
that these NGOs received digital dictiphones, video cameras from "Mekenim
Kyrgyzstan" movement, and that they were promised to give 1000 thousand
dollars to each for organization of capture of Government house on June
17.
The representatives of civil sector declared on their
impartiality to membership to any political parties and movement.
According to their opinion the editors of named periodicals had to check
the information before its publication.
Commentary
In the given cases if the
interested people consider that mass media or journalists admitted
violations, restraining their rights, so according to the article 17 of
the Law “On mass media” they have a right to demand from mass media for
refutation of a published data, that doesn’t meet with the truth and
harm the dignity and honor.
Citizen or organization,
toward which mass media published information, which harms their rights
and interests has a right to publish its answer in the same mass media.
Refutation or answer is published in the special heading or on the same
page and same font, as the information was published. In the newspapers
not later than a month from demand, in other periodical outlets in the
next issue. In the
case of refusal to refute the information the interested person has a
right to address to court. But it is necessary to note that according to
the demands of article 60 of Civil-Procedural code the claimant has to
prove the fact of distribution of harming data by the person, who faced
the claim, and the respondent has to prove the reality of distributed
information.
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