Plenary Session 3: Fundamental Freedoms (Freedom of Expression, Freedom of the Media, and the Safety of Journalists) - U. Suleimen

Freedom of Expression and Freedom of the Media

The Constitution of Kazakhstan guarantees freedom of speech and explicitly prohibits censorship.

Access to information may only be restricted in accordance with the law, and solely on three legal grounds: a court decision, a submission from the Prosecutor General orhis deputies, or an official order issued by the Ministry of Culture and Information.

The right to freedom of speech must not be used for unlawful purposes and will be restricted by the State if such purposes violate the rights of others or the interests of society.

In France and Germany, the dissemination of materials that incite hatred or justify terrorism is restricted. In the United States, there is an extensive body of case law on defamation and misinformation. In the European Union, the Audiovisual Media Services Directive balances freedom of information with the protection of public interests.

Compared to the practice of several other countries, Kazakhstan follows a generally consistent legal path

Safety of Journalists

First, a new Law on Mass Media has been adopted. It establishes a special legal status for journalists, ensuring the conditions necessary for their professional activities.

Public authorities are required to provide access to available information, except for official or classified materials.

Non-compliance with this requirement is subject to administrative sanctions.

Journalists facing risks to their life or health are now provided with protective equipment in such situations, and compensation mechanisms are applied in cases of injury or harm.

Second, Defamation has been decriminalized. These cases are now subject to administrative fines.

Third, any obstruction of a journalist’s professional work is treated as a serious criminal offense – punishable by up to two years of imprisonment. Acts of violence that cause serious injury, or the murder of a journalist, carry the most severe penalty – up to life imprisonment.

Criminal cases involving journalists (including G. Bazhkenova,

S. Ibrayeva, D. Yegeubayeva, and V. Boreyko) have been thoroughly investigated, and all perpetrators have been held accountable.

Fourth, the statute of limitations for lawsuits related to media publications has been set at one year.

Thus, the law provides an effective framework for the protection of journalists.

There have been no cases of persecution of so-called “activists”(such as Toregozhina or Smailova); individuals are prosecuted solely for violations of specific provisions of the criminal or administrative law.