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September 2005 In September monitoring registered 26 reports. Fourteen of them define the actual state of mass media in the political atmosphere of the month, 8 give the information on direct violations of mass media and journalists’ rights, and last 4 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 September 12 Jumadyl Isakov, mayor of Osh city ”We are ready to free city newspaper Osh shamy from state guardianship,” said Jumadyl Isakov, mayor of Osh city during the press conference. Mayor said that he is interested to let newspaper into free navigation, as this fact will allow to economize financial expenses of city authorities, which are the founders of this periodical. “However it is not momentary process and will take some time, as the decision on liquidation of official press organ is accepted by deputies of local Kenesh,” noted mayor. 2. Actions by officials determining actual state of mass media September 14 Kyrgyz Tuusu, Slovo Kyrgyzstana periodicals (Bishkek) The session of a working group on reformation of state mass media of Kyrgyzstan under the chairmanship of acting vice-prime-minister Adahan Madumarov was held in Government house. After continues debates the members of working group came up to one opinion about joint-stocking of two state newspapers Kyrgyz Tuusu and Slovo Kyrgyzstana, to establish the press organ of Government and Parliament on the basis of the newspaper Erkin Too and also it was suggested to take out the oblast state administrations from the founders of oblast newspapers. It is decided to recommend suggesting to President Bakiev to re-organize the National TV/Radio Broadcasting Corporation into National TV/Radio Broadcasting Company, to create Observant Council with 15 members, the nominees of which must be confirmed by Parliament. Acting vice-premier Madumarov obliged members of a working group to prepare decree draft of President about re-organization of National TV/Radio Broadcasting Corporation and work out the ruling, which will regulate activity of TV till the acceptance of the Law “On National TV/Radio Broadcasting of the Kyrgyz Republic,” informs press service of Government. September 26 National TV/Radio Corporation of the Kyrgyz Republic, Kiyaz Moldokasymov (Bishkek) State secretary of the Kyrgyz Republic Dastan Sarygulov presented the new president of National TV Radio Corporation to its collective. Kiyas Moldokasymov became the president of NTVRC according to the decree of President Bakiev from September 23. S.Abdrahmanov, who earlier headed NTVRC from March is relieved from his post and by President’s instruction is appointed as first vice-president of NTVRC, and Bekeshov who earlier occupied position of first vice-president became vice-president. Before this appointment Moldokasymov headed Bishkek bureau of radio Azattyk. After March 24 he headed joint project of radio Azattyk and NTVRC, was producing and conducting TV program “Neudobniye voprosy” (Improper questions). 3.Evaluations of actual state of mass media and freedom of speech September 2 Arstanbek Yakubov, first deputy chairman of Jalalabat TV/Radio Company (Jalalabat) 300 thousand citizens of Jalalabat oblast have no possibility to watch programs of National TV/Radio Broadcasting Corporation and oblast TV, informs Arstanbek Yakubov, first deputy of chairman of Jalalabat oblast TV. According to him it is connected with insufficient quantity of TV transmitters. “In a result the Uzbek TV companies filled this vacuum. The presentation of all events in their interpretation can seriously influence on informational safety of Kyrgyzstan,” noted Yakubov. According to oblast TV journalists, establishing of satellite antennas on the territory of the country can solve this problem. September 9 Kabay Karabekov, deputy of Jogorku Kenesh (Parliament) of the Kyrgyz Republic (Bishkek) “In the normal country only the informational bulletin of Parliament and Government can be the state mass media. Or one of the newspapers which publishes laws, orders and rules,” thinks deputy of Parliament Kabay Karabekov. According to his words other newspapers, if they are ready must become self-financial. Regarding the idea of transformation of National TV Company into Public TV Karabekov said that this kind of TV will not appear in the near future. “No any Observant council is not able to assist to transformation of TV. The mechanism of creation of Public TV can be successfully realized only in rich country,” noted Karabekov. September 21 State mass media of Osh oblast (Osh) Journalist Mahmud Atadjanov in his note “Where does newspaper go?” (Echo Osha, № 75 from September 21) narrated that it is hard to buy oblast newspapers, in particular Echo Osha in newspaper kiosks. Also he noted that newspaper is late not because of publishing house or Post department, but because kiosk sellers don’t get a profit from selling this periodical. Journalist of Echo Osha Albert Mamurov thinks that gain from newspaper is not big, therefore sellers are afraid to buy big amount, as they will have to pay for unrealized newspapers out from their own pocket. September 23 Vecherniy Bishkek (Bishkek) “Newspaper Vecherniy Bishkek is under the administrative and criminal pressure,” declared newspaper working collective. “After coup d’etat on March 24 redistribution of property is going on. The former owner of our newspaper lays claim on this periodical. Five years ago he sold newspaper and betrayed us,” said one of the newspaper employees. Today the journalists face with the court considerations. “The courts decide the cases as the authorities say. We even know it,” noted journalists. The official address of newspaper collective says: “Authorities must understand that constructive opposition is necessary for democratic development of the state and it must thank Vecherniy Bishkek (VB) for its role. Having destroyed VB the authorities will reduce criticism, but will get dozens of new periodicals.” 4.Actions by journalists on protection of their civil and professional rights September 2 Mahmud Kazakbayev, Alyans-press informational agency (Osh) Mahmud Kazakbaev, founder of informational agency Alyans-press informed that executive director of NGO Law and order Izatulla Rahmatullaev distributes negative rumors about him among publicity. “In particular, Rahmatullaev accuses me in non-objectivity and execution of orders,” said Kazakbaev. Rahmatullaev has another point of view. “Kazakbaev prepared the article about the improper affairs of Mavluda Jumabaeva, head of Kyzyl-Kyshtanskaya rural administration of Osh oblast, on the basis of documents, taken from me. Then he suggested to Jumabaeva to buy all circulation of this newspaper. According to Kazakbaev, Jumabaeva bought only 50 copies and other newspapers were realized by the private distributors. Kazakbaev considers the possibility to sue Rahmatullaev, if he will continue to distribute rumors, insulting his honor and dignity. September 5 Advocacy Center on human rights (Osh) Association of non-governmental human rights protective organizations “Advocacy Center on human rights” intends to initiate introduction of change into articles 127 and 128 (slander and insult) of Criminal Code. J.Toroev, executive director of Fund on support and assistance of legal and economic reforms informed, that NGOs think that these articles violate freedom of speech in Kyrgyzstan. “We were waiting when our deputies will come back to their work after summer vacations and we will address to them with request to work out the project of changes into Criminal Code,” informed representatives of Advocacy Center on human rights.” It should be reminded that at the end of 2003 the law draft on exclusion of norms, which establish the criminal responsibility for slander, insult of honor and dignity, out of Criminal Code was presented to Parliament. This law draft was additionally worked out accordingly with the remarks of deputies. Also it was suggested to introduce the changes into Law of the Kyrgyz Republic “On state duty” in the part of defining the size of state duty, which must be submitted together with claims on protection of honor. In December of 1997 ex-president Akaev submitted the similar project to Jogorku Kenesh (Parliament), which was rejected, because it foreseen the exclusion of criminal responsibility for slander and insult. The similar law project was rejected by deputies in 2003. September 6 Akiykat, Jololobod tongi (Jalalabat city) Journalists of Jalalabat held a meeting in state administration to discuss current problems. Chief editor of state oblast newspaper Akiykat Abdisharip Bekilov criticized the work of oblast post network. According to Bekilov, the post department has to pay 230 thousand soms ($5750) to this periodical. He demanded from director of this post department Keneshbek Ibraimov to pay all debts in the near future, as the newspaper is published in Bishkek, and expenses have increased. The editorial office of oblast state newspaper in Uzbek language Jololobod tongi also cannot get the debt in 150 thousand soms ($3750). Journalists think that oblast post cannot pay its debts. Oblast state administration was criticized for indifferent attitude to journalists of the newspaper Akiykat. Oblast administration helped journalists from newspaper Jalolobod tongi to buy building, and the newspaper Akiykat, being the flagman of oblast press still rents the building in the center of the city. September 12 Baktybek Rysaliev, ex-press secretary of State register The editors of central periodicals and public activists appealed to President Kurmanbek Bakiev with the collective letter, where they ask President of the Kyrgyz Republic to pay attention to unreasoned dismissal of Baktybek Rysaliev from position of press secretary of state register. As it is said in the letter acting director of state register Adamjan Joldoshev began “clearing” the staff on regional features, in a result of what more than 10 people from “north” left without work. Baktybek Rysaliev is among them. The letter says: “Publicity knows that journalist Baktybek Rysaliev wrote critical articles about improper actions of a new director of State Register. These public performances left without attention of your assistants and appropriate state structures.” September 26 Ulan Melisbek, Gazeta.kg (San-Francisco, USA) Editor of on-line periodical Gazeta.kg Ulan Melisbek addressed to the world community with the request to protect his family from prosecution of criminal bodies of Kyrgyzstan. From reliable sources Ulan Melisbek received information that his mother and younger brother are under mortal danger. They were compelled to leave the country. According to Melisbek his family is in Almaty now. In his reference he asks heads of states to cooperate with the departure of his relatives to the country, where they will be in safety. Let’s remind that informational site Gazeta.kg is functioning from 2002. According to local political scientists this edition played important role in overthrow of Akaev’s regime. After two months after revolution Ulan Melisbek in his article “Why I am against Bakiev” accused new authorities in nepotism, in confluence of power bodies with criminal structures, and illegal redistribution of property. September 28 Nurlan Joldoshev, Congress of business associations (Osh) Director of Congress of business associations Nurlan Joldoshev performed at the press conference in Osh city where he said about necessity of taking down the 20% value added tax from mass media. He thinks that high tax rates impede development of independent mass media. According to Joldoshev the representatives of Osh mass media addressed to Congress of business associations with the request to lobby their interests on legislative level. “Today the producers of goods are equated with mass media on payment of value added tax, though in many countries of CIS this kind of tax on mass media has already been cancelled. September 28 Alexander Kim, MSN, Vecherniy Bishkek (Bishkek) Chief editor of MSN periodical Alexander Kim addressed to collective of Vecherniy Bishkek newspaper warning about illegality of removal of material property out of the office. Kim informed that he knew about the given order on dismantling and removal of computer equipment. “In connection with this I warn employees of Vecherniy Bishkek newspaper that all who will participate in illegal removal of property will carry responsibility foreseen by the law,” noted Kim. The employees of Vecherniy Bishkek said that they occurred to be victims of redistribution. They think that claims by Alexander Kim to their periodical are legally unreasoned. We remind that on August 16 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 took the 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, saying 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. II. VIOLATIONS OF MASS MEDIA AND JOURNALISTS’ RIGHTS 1. Attacks on journalists September 12 Jyldyz Bekbayeva, Janu muun (Karasuu, Osh oblast) On September 11 during the meeting in Karasuu city chief editor of the newspaper Jany muun Jyldyz Bekbayeva was attacked. This incident took place in the yard of prosecutor’s office, when the supporters of a killed director of a local market Abdalim Junusov attacked journalist, who was recording the meeting on camera and dictaphone. “Someone out of a crowd said that I am working for deputy Bayaman Erkinbaev, who on citizens’ opinion is guilty in Junusov’s death. In a result I remembered the face of a big man, who punched me. Militiamen who came up to the place saved me,” said journalist. Chief editor got the serious body injuries and brain concussion. Her camera and dictaphone disappeared. According to Osh governor’s press secretary Alisher Toksonbaev the personality of a man, attacked a journalist has already been established, he is the member of a local criminal group, his name is Aydar. September 14 Mahmud Kazakbayev, Alyans-press informational agency (Osh) Mahmud Kazakbaev, founder of informational-advertising agency Alyans-Press and journalist of Demos-Times periodical was attacked on September 10. Incident took place on crossroads of Abdykadyrova and Lenina streets, when two unknown Asian men about 25 years old not having presenting any pretenses to Kazakbaev hit him on head and other parts of body. In a result journalist got serious damage, in particular dislocation of elbow joint. The attackers didn’t take any valuable things (mobile phone, wallet), with this connection journalist estimated these actions as encroachment upon his professional activity. The founder of Alyans-Press informed, that not long before this incident unknown people phoned him, threaten by punishment. That time journalist addressed to law-enforcement bodies, and he was told that they couldn’t define the addressee as he phoned using the telephone card. *Commentary* *Article 16 of the Constitution of the Kyrgyz Republic foresees the right of every person for personal inviolability.* The current Criminal Code of the Kyrgyz Republic has articles, which foresee the criminal responsibility for causing damage to health and severity of criminal punishment depends on intentions of criminals and level of weight of damage. Besides, if it will be established that offenders had intention to possess property of suffered person illegally and also to obstruct her professional activity, their actions can be qualified according to the articles of the Criminal Code, which foresee the punishments for stated above actions. The actions of offenders contain at least two crimes. Therefore the offenders must carry out the criminal responsibility not only for causing the health damage but also for obstruction of a legal professional activity of a journalist. 2. Obstruction of lawful professional activity September 12 Oktom Sulyamanov, TV Company Osh-3000 (Osh) Unknown people seized videotape with the recorded material from operator of TV Company Osh-3000 Oktom Sulaymanov, while the journalist prepared TV report about meeting, held in Karasuu city. Gulbara Kenjeeva, correspondent of National TV/Radio Broadcasting Corporation who at that time was also near Sulaymanov escaped from meeting participants by car. She said that she felt that meeting participants were aggressive against mass media representatives. Sulaymanov refused to comment on situation, as he is afraid of revenge by meeting participants. *Commentary* In accordance with the point 9 of the article 16 of the Kyrgyz Constitution every citizen, also a journalist has a right for freedom of thought, speech and press, and also right to express these thoughts and beliefs. No one can be compelled to express these thoughts and beliefs. According to article 4 of the Law “On protection of professional activity of a journalist” journalist while executing his professional duties uses the guarantee of personal inviolability. Moreover, the article 8 of the same law says, that state guarantees free getting and distribution of information, provide his protection at fulfillment of his professional activity. Thus actions of stated above persons in the case are unreasoned and if they prosecuted the purpose to obstruct professional activity of journalists, their actions contain indications of a crime, foreseen by the article 151 of the Criminal Code of the Kyrgyz Republic. 3. Unreasoned refusal to present publicly important information September 2 Kumondor Usuptegin, radio Azattyk (Naryn oblast) Deputy governor of Naryn oblast Kalnur Ormushev refused to present information to correspondent of radio Azattyk Kumondor Usuptegin, referred on being busy. Journalist was interested in perspectives of development of business relations between Naryn oblast and boundary regions of China. Representatives of oblast mass media pointed out that administration of Naryn oblast doesn’t want to inform independent mass media. *Commentary* According to the article 15 of the Law “On mass media” mass media bodies have a right to receive information, and Constitution of the Kyrgyz Republic guarantees, that every citizen has a right to collect, store, use and distribute information in oral, written and other form. Journalist while executing his professional activity in accordance with the article 5 of the Law “On protection of professional activity of a journalist” and article 20 of the Law “On mass media” has a right to require and receive in state bodies and other establishments of a public important information and other data, excepting the information which contains state or other law protected secret and with the limited access. *As in the given case the required information doesn’t contain state or other protected secret, the refusal in presentation of information is not based upon the law and unreasoned.* 4. Unreasoned limitations in receiving information September 1 Oleg Pankratov, Novaya gazeta (Karakol) During the next session of Karakol city Kenesh the deputies decided to hold consideration at close doors and asked all participants, except deputies to leave the hall. Journalist Oleg Pankratov from Novaya gazeta protested this decision, referring on right of access to information, foreseen by Constitution of the Kyrgyz Republic, and Laws of the Kyrgyz Republic and norm of the Law “On local self-management and local state administration,” according to which sessions must be conducted openly. Nevertheless these reasons were not accepted and deputy chairman of city Kenesh (Council) Avtandil Abdykadyrov publicly declared that if the journalist will not leave the hall he would call militia. After this statement journalist was compelled to leave the hall. According to non-official information the deputies discussed the issues on termination of credentials for deputies, who occupy state and municipal posts and also complaint against chairman of Karakol Kenesh. *Commentary* *As we noted many times Constitution of the Kyrgyz Republic guarantees that every person has a right to collect, store, use and spread information in oral, written and other form.* Besides, according to article 5 of the Law “On protection of professional activity of a journalist” and article 20 of the Law “On mass media” journalist has a right to collect, analyze and spread information, to attend at the open court sessions by presentation of a journalist identity card, to get access to information, except those, which contains state or other law protected secret, and also information with a limited access, and no one can limit access to information, which represents public interest, touching rights, freedoms and legal interests of citizens. 5. Violation of mass media rights to receive equal information September 17 Echo Osha, Evgeniy Breslavskiy (Osh) Meeting of a new USA Ambassador in Kyrgyzstan Marie Iovanovich with the heads of TV companies Osh-TV, Mezon, Keremet and the newspapers Itogi nedeli and Echo Osha was held in Osh Mass Media Resource Center on September 15. Considering the fact, that chief editor of Echo Osha periodical Evgeniy Breslavskiy was in vacancy, USA Embassy recalled invitation, having left the journalists of this periodical out of the door. USA Embassy motivated this fact by the desire to meet only with chief editor. Correspondent of this newspaper Alexander Evgrafov said that he is hard to understand such not-diplomatic step and thinks that US Embassy doesn’t want to be in contact with the local journalists anymore. Representatives of other mass media who were not invited to this meeting also expressed perplexity by actions of a new ambassador. “Former ambassadors never admitted such actions regarding mass media. Moreover Mrs. Marie Iovanovich asked attending journalists not to tell about discussed issues,” informed journalists. *Commentary* *Admission of ones, and non-admission of other journalists in attending this event is not based upon the law.* According to article 4 of the Law “On protection of professional activity of a journalist” no one can limit access of journalists to information, which represents public interest, touching rights, freedoms and legal interests of citizens. Journalist while executing his professional activity, independently of whose positions he covers, is guided by norms of Law “On mass media”, Law “On protection of professional activity of a journalist” and has a right to attend organizations of any forms of property, be accepted by their officials. 6. Violation of economic rights of mass media September 3 Mahmud Kazakbayev, Jany muun, Demos Times (Osh) Head of informational advertising agency Alyans-press Mahmud Kazakbaev who also is the founder of periodicals Jany muun and Demos Times declared about facts of fraud by Abdulla Tashmurzaev, head of Osh branch of joint-stock company Kyrgyzbasmasoz. “Earlier we print our newspapers in private printing house, belonged to Tashmurzaev. However, last months he returned us unsold newspapers almost at the same volume, as they were printed. As these newspapers were popular we conducted investigation, which showed that Tashmurzaev printed in addition and sold newspapers through Kyrgyzbasmasoz, and had not bad profit,”said Kazakbaev. According to Kazakbaev, after such accusation Tashmurzaev refused to distribute the newspaper Jany muun and Demos Times. Number of editors, who wished to stay anonymous also informed that they are compelled to use services of a printing house belonged to Tashmurzaev, as he warned them in other case to stop the action of agreement on realization of print production. September 3 Janu muun, Demos Times (Osh city) Osh newspapers Jany muun and Demos Times face difficulties with realization of their production, informed head of informational agency Alyans-press Mahmud Kazakbaev. The reason is in non-returning of money for sold production. According to Kazakbaev, the total debt of Batken, Osh and Jalalabat post workers is 36 000 soms. *Commentary* Any economic body uses rights and caries responsibility, foreseen by the law, or obtains right and charges by concluding the civil-legal transactions (agreements). The conditions of an agreement are obligatory for both parties. In the given cases the rights of mass media are certainly violated. Mass media or its owner has a right to present claim on charges, appeared because of causing harm or non-execution of agreement’s conditions, and demand for compensation of all loses, expenses and lost profit. Mass media also has a right to demand for execution of agreement’s conditions and compensation of all expenses by the guilty party in a court way. III. CONFLICTS. VIOLATIONS, INCRIMINATED TO MASS MEDIA AND JOURNALISTS 1. Demands on protection of honor, dignity and business reputationAccusations in commitment of financial violations September 9 Moskovskiy komsomolets in Kyrgyzstan (Bishkek) President of transport firm “Kut-Jol” Svetlana Tynybekova sued newspaper Moskovskiy komsomolets in Kyrgyzstan. She asks to recognize data published in the article “Transpotnaya viviksektsiya” as slanderous and harming her honor, dignity and business reputation. The article narrated about ostensible illegal activity of Tynybekova being as president of transport firm. In particular, she controlled requisitions from drivers and fired those who refuse to give them. Tynybekova sent the claim to Pervomayskiy regional court where she demanded from newspaper to publish refutation. She also demanded for 500 thousand soms ($12 500) as the compensation for moral damage, but from director of another transport firm “Ak jol” Duyshen Sooronbaev, who in her opinion presented the compromise information to journalists. September 12 Michael Korsunskiy, Moya stolitsa (Bishkek) Supreme Court of the Kyrgyz Republic cancelled the decisions of inferior instances regarding the claim of ex-prime-minister Nikolay Tanayev against pensioner Michael Korsunskiy. We remind that claim on protection of honor, dignity and business reputation against the newspaper Moya stolitsa was submitted in 2003, where the article “Sredstvo ot stolbnyaka – sud” was published. The author Michael Korsunskiy found out that the violations of a current legislation happened during the registration of pension. He published the results of his own investigation in Moya stolitsa periodical. The phrase “I suppose that huge amount of money from Pension fund disappeared not without participation of prime minister” written by Korsunskiy became the subject of this court claim. Leninskiy regional and after Bishkek city courts considered that this phrase harms honor, dignity and business reputation of Nikolay Tanaev and doesn’t meet with the truth. Michael Korsunskiy, according to court decisions had to pay 5 thousand soms ($135), newspaper Moya stolitsa 500 thousand soms ($12 500) to prime minister. According to lawyer of Internews-Kyrgyzstan Akmat Alagushev (he protected Michael Korsunskiy at court) during the processes he faced many violations. “All our petitions were rejected, it was prohibited to take audio records in court,” said Alagushev. On September 9 the definition on this case was proclaimed by board of Supreme Court. Claimant and his lawyers didn’t participate at process of consideration of supervision complaint. Board of Supreme Court decided: to cancel decisions of inferior court instances and send this case to new consideration to Bishkek city court. Michael Korsunskiy is satisfied by such decision. September 26 Adylbek Akmatov, Batken tany (Batken city) On September 7 chief editor of Batken oblast state newspaper Batken tany Adylbek Akmatov submitted appeal complaint to oblast court, considering the decision of Batken regional court taken on August 23 was biased. Let’s remind that 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 for 200 thousand soms ($5000) from newspaper editorial office and the same sum from Ahmatov. The article of ex-prorector 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 a whole university’s 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 for 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* Article 26 of the Law “On mass media” establishes cases when mass media can be released from responsibility for spreading unverified data, when they must not and cannot check their reliability. In this case the person who informed mass media carries responsibility. 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. 2.Accusation in spreading unverified data September 17 Alexander Yevgrafov, Echo Osha (Osh city) On September 17 prosecutor of Osh oblast Anarbek Kalmatov phoned to editorial office of Echo Osha periodical and accused correspondent Alexander Yevgrafov in distortion of facts. Kalmatov said that general prosecutor of Kyrgyzstan Azimbek Beknazarov is dissatisfied by the newspaper Echo Osha and number of other mass media, which published information, saying that general prosecutor promised to find killers of Abdalim Junusov, who was the director of Karasuu market, within 15 days. Kalmatov in his turn demanded to publish refutation on this matter, as he didn’t make such statements. *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. Insulted citizen or organization has a right to publish its own answer in the same mass media. Refutation or answer is published in the special heading, or on the same page and the same type, as the published article; in the newspapers – not later than month after demand’s arrival; in other periodicals – in their next output. 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. Home Page