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August 2005
In June monitoring registered 18 reports. Nine of them define the actual state of mass media in the political atmosphere of the month, 5 give the information on direct violations of mass media and journalists’ rights, and last four 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
August 1Felix Kulov, acting vice-prime-minister of the Kyrgyz Republic (Bishkek)The question on improvement of people’s access to mass media was raised at session held in Government House. During the meeting acting vice-prime minister Felix Kulov charged government with improving access to mass media. In particular he paid attention to quality of TV/Radio broadcasting in distant regions of the country. According to Kulov, the rural population has no enough information on events happening in the country. Kulov noted that the decision of these problems is connected with the lack of finances, but now it is possible to find out other ways to finance this branch. For example it is possible to create Centers of universal access to information where people can get services of Internet, E-mail and telephone connection. Also prime minister noted that question of broadcasting in Kyrgyz language especially on south of Kyrgyzstan is very important. He said that it is necessary to introduce privileges for those channels, which have 70% of broadcasting in Kyrgyz language.
August 3Anvar Artykov, governor of Osh oblast (Osh)During the meeting with the journalists from state newspaper Osh janyrygy governor of Osh oblast Anvar Artykov said that all mass media must be free from state interference, as only in this case they will be able to execute their mission.
2.Actions by officials defining the actual state of mass media
August 27 Avazbek Atahanov, press-secretary of President Avazbek Atahanov, press secretary of President sent official letter to Talas oblast governor Iskender Aydaraliev, where he noted that chief editor of oblast state newspaper Talas turmushu Ermek Umetov has to be dismissed from his post, as oblast prosecutor’s office established the facts of financial abuse by him. Press secretary suggested journalist Kozubek Imankulov to head this newspaper. Governor didn’t react for this letter yet.
3.Amendments and draft amendments into current legislation, determining the legal status of mass media
August 24 Kurmanbek Bakiev, President of the Kyrgyz Republic (Bishkek) President of the Kyrgyz Republic Kurmanbek Bakiev signed the order “On resistance to extremist activity”, which for the first time foresees the responsibility of mass media for distribution of materials about extremists and their activity. According to Miroslav Niyazov, secretary of safety council of the Kyrgyz Republic, this document is the first step on protection of rights and freedoms of citizens. Answering the question whether this order will limit constitutional guarantees of freedom of creativity for journalists, Niyazov answered that this law gives the exact explanations, which exclude limitation of people freedom and censorship for press. “This law is differs from past similar documents by its preventive measures,” said Niyazov.
4. Actions by journalists on protection of their civil and professional rights
August 15 Tynchtybek Chorotegin, Azattyk (Prague) Director of radio Azattyk Tynchtybek Chorotegin addressed with the open letter to publicity. This was reasoned by the decision of this radio station about the stoppage of broadcasting on middle and ultra short waves.
According to director this decision was explained by
the fact that frequency diapasons of ultra short waves are not
perspective at the focus of development of radio Azattyk. “The
most important and favorable for us is FM broadcasting,” said he.
August 4 Kyrgyzpochtasy enterprise (Jalalabat) On August 4 collective of Jalalabat enterprise of Kyrgyzpochtasy held protest action with the demand to increase salary and establish more or less normal conditions for work. According to workers, the salary is small and there is no any social protection. Collective demanded to create special commission to learn the situation in enterprise, to support suggestion on acceptance of reference to President Bakiev. Employees gave limited time to consider their demands otherwise threatened by the next steps to protect their rights.
August 17Jalalabat Mass Media Resource Center (Jalalabat)On August 1 the international organization IREX stopped financing Jalalabat mass media resource center. The workers of this center are concern about the fact that IREX decided to transfer all technical equipment to other organizations. Journalists said that this decision is not right, and it will lead to crash of mass media center. Later it will be difficult to establish the similar center with technical equipment. In this connection journalists from Jalalabat sent the letter to USA Embassy in Kyrgyzstan and IREX governing body, requesting not to give technical equipment, earlier belonged to mass media center to other organizations, and leave it to center, which will continue its activity on support of other donors.
August 22Jalalabat Mass Media Resource Center (Jalalabat)The meeting of IREX representative Greg Stephenson with the local journalists took place on August 22 in Jalalabat. They discussed the question on further destiny of Jalalabat mass media center. Mr. Stephenson informed that project on support of this center has come to end and therefore it was decided to break it up and transfer all its technical equipment to local non-governmental mass media and NGOs.
Journalists expressed their indignation about this
decision and asked to keep the center, which became the professional
school for young journalists. Mamaraimov showed the list of mass media and NGOs, which receive the equipment from mass media center. It turned out that Mamraimov made this list himself and sent to Washington for confirmation. Representative of local organization “Coalition of journalists and NGOs against corruption” Jalil Saparov declared that their organization is refused to receive the suggested computer as the protest to actions by Mamaraimov.
August 29 TV Company NTS (Bishkek) Governing body of TV Company NTS acted with the open letter to acting vice-prime-minister of the Kyrgyz Republic Adahan Madumarov after his performance at TV channel Pyramida, where he criticized agreement on transferring the rights for broadcasting of TV programs to NTS company, concluded between TV company NTS and closed joint-stock company First channel. Global network.” Madumarov thinks that Russians made a mistake, having followed their corporative interests. NTS company thinks that this words by state official, who revises mass media activity in the country are tactless and legally baseless. According to journalists, agreement on transferring the rights on broadcasting of Russian TV channel was made on the basis of legislation of the Kyrgyz Republic.
II. VIOLATIONS OF MASS MEDIA AND JOURNALISTS’ RIGHTS
1. Unreasoned demands to disclosure source of information
August 15 Aliyma Sharipova, Itogi nedeli (Osh) “On August 12 two unknown people (man and woman), who refused to name themselves, entered the editorial office of the newspaper Itogi nedeli and demanded to give information about correspondent Aliyma Sharipova,” informed editor of Itogi nedeli Alena Salieva. Also Salieva said that these people came to office four times and asked to give telephone number of Sharipova. Their visit was connected with the article by Sharipova, which named officials of oblast and city, who received the land lots in elite region of Osh city. The visitors were interested how journalist found this information.
Sharipova thinks that they threat her as she is
preparing the articles on abusing of local officials. “I estimate these
facts as direct threat, connected with my professional activity and I
have enough sources which can confirm the truthfulness of my materials,”
said journalist. COMMENTARY According to article 18 of the Law “On mass media” mass media body has no right to disclosure the source of information, except the cases when the court demands it. Besides, according to article 5 of the Law “On protection of professional activity of a journalist” while executing his professional activity journalist has a right to keep secret of authorship. If the interested people think that published information is not true, the article 17 of the Law “On mass media” says that citizen or organization has a right to demand for refutation of a published information, which harms honor, dignity and business reputation by mass media body. Citizen or organization has a right to publish their own answer at the same mass media. In the case of refusal to publish refutation the interested party has a right to address to court.
2. Unreasoned demands to close TV programs
August 16 State mass media The citizens of Chuy valley addressed the President of the Kyrgyz Republic Bakiev, acting prime minister Kulov and president of National TV/Radio Broadcasting Corporation Sultanbek Abdrahmanov demanding that they order to close a number of TV programs promoting Islam on the State TV Channel.
This reference says: “After the March events National
TV transmits programs Kolomto, Ruh, Toptash, Tok-show and others,
which actively promote Islam.
COMMENTARY The article 23 of the Law “On mass media” says that it is not admitted in mass media: -to disclosure state or commercial secret; -to call to violent overthrow or change of existed constitutional regime, to violate sovereignty and territorial integrity of Kyrgyzstan or any other state; -to propagandize war, violence and severity, national, religious oneness and intolerance to other nationalities and nations; -to insult honor of nation; -to insult religious feelings of pious and servants of religion; -to distribute pornography; -to use expressions, which are considered as unquotable; -to distribute materials, violating the norms of civil and national ethics, insulting the attributes of state symbolism (flag, national emblem, hymn); -to encroach upon honor and dignity of a person; -to proclaim knowingly false information. Only in presence of stated above facts it is possible to close TV programs.
3. Violation of labor rights of journalists
August 1 Zulpukar Ahmatov, Batken tany (Batken) Chief editor of Batken oblast newspaper Batken tany Adyl Ahmatov expressed his pretenses to journalist Zulpukar Baltabaev for attending the state conference “Access to information, distribution of newspapers and protection of speech freedom in Kyrgyzstan,” without the notification of chief editor on this matter. This conference took place in Bishkek on July 29. Baltabev informed that till August 1 he was in vacations therefore the editor’s pretenses are completely unreasoned.
COMMENTARY In the given case the pretenses of chief editor are unreasoned. The article 108 of the Labor Code of the Kyrgyz Republic says that rest time is the time when the employee is free from executing the labor responsibilities and which can be used on his own desire. The article 109 of the Code says that types of the rest time are the following: -breaks during the work day; -daily rest; -week ends; -holidays; -vacations.
4. Violation of economic rights of journalists
August 16 Alexander Kim, MSN (Bishkek) Chief editor of MSN periodical Alexander Kim won the case on dispute around the building of the newspaper Vecherniy Bishkek, advertising agency Ayrek and stocks of close joint-stock company Publishing house Vecherniy Bishkek. The court of first instance made a decision according to which the building of Vecheniy Bishkek periodical, agency Ayrek and stocks have to be returned to advertising firm Rubikon, where Alexander Kim is the general director. Court confirmed the applications made by Kim, that transactions on selling the building and stocks were held without his participation and documents, in particular, protocol of a common meeting of Rubikon founders on May 28 was falsification. Thus if the appeal complaint will not be submitted to Sverdlovskiy regional court within 30 days, Alexander Kim as the general director of Rubikon again will become owner of building and control packet of stocks. Interests of Alexander Kim at court were represented by the lawyers of Institute of Media Representative.
August 17 Akiykat (Jalalabat) Jalalabat printing house under name of Clotsman became guilty in wrong publication of photography of two presidents Bakiev and Putin in the newspaper Akiykat (#34 July 29). Handshake of presidents was presented with left hand, not with right. “This fact became the laughing-stock not only regarding presidents, but also journalists. The circulation of this issue made up 3,500 copies and was distributed. We were compelled to address to city court,” said chief editor of Akiykat periodical Abdisharip Bekilov. On August 7 newspaper submitted claim against printing house with the demand to compensate the damage which made up 1,5 million soms ($37500), but the judges didn’t accept this claim, having said that cases between legal entities have to be considered in interregional arbitral court. On August 10 the editorial staff addressed with the claim to interregional court, but it demanded to pay state duty in accordance with the demanded sum. But the size of state duty was too high. “We had to reject from court struggle because we have no money to pay state duty,” explains deputy editor Abduvali Aylakov.
COMMENTARY Any economic body has rights and responsibilities, foreseen by the law or obtains rights and responsibilities by conclusion of civil-legal transitions (agreements). The terms of agreement are obligatory for both parties. In the case of non-execution or improper execution of agreement terms by one party the other party has a right to demand for proper execution of agreement terms and to collect all loses, came out from non-execution including lost profit.
III. CONFLICTS. VIOLATIONS, INCRIMINATED TO MASS MEDIA AND JOURNALISTS
1. Defamation charges
August 22 Institute of Media Representative (Bishkek) Chief editor of the newspaper Vesti Issyk-Kulya L.Pravoslavnova, who was condemned by Karakol city court according to articles of Criminal Code “Slander” and “Insult” and sentenced to pay 20 thousand soms ($500) was justified by Issyk-Kul oblast court. The lawyers of Institute of Media Representative represented the interests of journalist.
COMMENTARY In accordance with the article 127 of the Criminal Code of the Kyrgyz Republic slander is the distribution of knowingly false information, which harms honor and dignity of other person or which undermines his reputation. The subjective side of this kind of crime is characterized by presence of fault only in a form of a direct intention, when the distributor knew about the false of information and intended to distribute exact this information, i.e. to slander another person.
2.Demands on protection of honor, dignity and business reputation, coming out of publication of opinions, views, beliefs and estimated judgments
August 15 MSN (Bishkek) Plenipotentiary of President in Jogorku Kenesh Daniyar Narynbaev submitted claim against newspaper MSN. He demands newspaper to publish refutation for the facts, worded in open letter by Meken Toktomushev, deputy chairman of interregional court on economic affairs of Bishkek. The claimant demands for 50 thousand soms from author of publication ($1250).
Narynbaev thinks, that letter written Toktomushev,
published in MSN periodical on May 13, harms his dignity, honor
and business reputation.
August 22 Institute of Media Representative (Bishkek) Pervomayskiy regional court of Bishkek didn’t satisfy claims by State enterprise Temir against Agym periodical and also chairman of working trade union of railway workers Ernis Dokenov. “Claimant demanded to publish refutation in the newspaper and pay 1 million soms ($25000) as the compensation for brought moral damage,” informs Internews. The lawyers of Institute of Media Representative represented the interests of journalist.
August 25 Adylbek Ahmatov, Batken tany (Batken) The court process on claim of rector of Batken University Ilimidin Abdrasulov against the newspaper Batken tany and its editor Adylbek Ahmatov ended on August 23. Rector submitted claim to Batken regional court with the demand to compensate moral damage estimated in 200 thousand soms ($5000) from newspaper editorial office and the same sum from journalist Ahmatov. The article of ex-pro-rector of Batken University Tagaev, published on April 15 reasoned this claim. According to claimant this article undermines not only his reputation, but also the reputation of whole university staff. During the court process newspaper journalist Zulpukar Baltabaev declared that this article was ordered by ex-governor of Batken oblast Askarbek Shadiev. Chairman of Batken court Ulan Sultanaliev recognized the fault of chief editor Ahmatov and fined him to pay 5000 soms ($125) to claimant. Court also obliged newspaper to publish refutation. The author of the article Tagaev was sentenced to pay 7000 soms (%175) to claimant.
COMMENTARY According to article 27 of the Law “On mass media” the moral damage, brought to person, citizen and also to organization in a result of distribution by mass media of data, which don’t meet with the truth, harm honor and dignity of a person, citizen or organization, or which brought any other non-property damage has to be compensated according to the court’s decision by mass media in order, established by the law. The size of penalty is defined by court. The types and limits of journalists’ responsibility for distribution of false data are defined by legislation of the Kyrgyz Republic and can be established in every concrete case only by the 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 these points 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.
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