Human rights expert involved in legal analysis of Kyrgyzstan’s proposed new law on mass media
The right to freedom of expression and to receive and impart information is a key human right because of its fundamental role in underpinning democracy.
Kyrgyzstan’s proposed new law, ‘Kyrgyz Republic on the Mass Media’, aims to ensure the implementation of the rights guaranteed by the Constitution of the Kyrgyz Republic to the freedom of expression of opinion, freedom of speech and press, receiving and disseminating information, and regulates public relations related to these rights.
The mass media in Kyrgyzstan experiences greater freedom compared to neighbouring countries in the region, and the constitution guarantees freedom of press and prohibits censorship. However, the media are still restricted by the Government.
A legal analysis on the Draft Law was prepared jointly by the Office of the OSCE Representative on Freedom of the Media and by the OSCE Office for Democratic Institutions and Human Rights. The joint opinion benefited from contributions from Professor Kanstantsin Dzehtsiarou, Professor of Human Rights at the School of Law and Social Justice, University of Liverpool, alongside Ms. Nevena Krivokapić Martinović, Attorney at Law who specialises in media, intellectual property, and IT law; and Ms. Tamara Otiashvili, Senior Legal Expert in Human Rights and Democratic Governance.
A number of positive features of the Draft Law were noted, particularly with respect to the prohibition of censorship and of media monopolisation, as well as guarantees of journalistic freedoms. However, while the Draft Law declares its adherence to the freedom of expression, several provisions raise serious concerns, as they may not correspond to internationally recognised freedom of expression standards and good practice in the OSCE region.
Recommendations were provided to ensure the compliance of the Draft Law with international human rights standards and OSCE human dimension commitments.