Report.IMP.September 2013

Media Policy Institute
Monthly narrative report
Reporting period: September 1 – September 30, 2013
Provided by: Ainura Eshenalieva
Date of submission: October 1, 2013

I. Resume

For the reporting period Media Commissioner Akmat Alagushev defended interests of mass media recourses and media representatives in 6 court cases, all of them are in process now.

PA “Media Policy Institute” conducted training on media-legislation for the creative team of news department of Public Television and Radio Company “Ala-Too” studio. Training was conducted with support of the “Internews Network in Kyrgyzstan. Most journalists were interested in labor relations, and guarantees the rights of journalists and restrictions on the rights to freedom of speech and information. Also participants of the training discussed several news content, and trainers gave their juridical comments and recommendations with consideration of local media legislation. At the end of the training, participants expressed their gratitude to the organizers for a successful seminar.

MPI members A.Alagushev and B.Usenova conducted a consultation meeting with the Deputy Minister of Culture, Information and Tourism Ainura Temirbekova on the issues of journalists’ responsibility, legislation regarding rights and duties of journalists.

For the reporting period MPI staff conducted several meetings with the representatives of international organizations, media resources and state bodies.

II. Key Results This Month

1. Legal assistance to legislative drafters/government officials/NGOs/Media organizations

III. History

1. Legal assistance to legislative drafters (government officials/NGOs/Media organizations);
2. Increase of public discussions on politics in the media sphere and the quality journalism issues.

1) Round table in the Ministry of Culture, Information and tourism

Place of conducting: Bishkek

Attended: Representatives from the Ministry of Culture with the Deputy Minister and the head of Informational Policy Department, Television, Radio and media organizations and also TV Associations of Kyrgyzstan .

Subject: the formation of a social package in the transition to digital broadcasting.

Solved: Submit their proposals to the Ministry of Culture:
should be formed as a social package, on what basis should be selected channels, which should enter the program, should include benefits package Russian channels.

2) 12 September – Meeting with the representative from UNESCO Galich Valentina (Expert on community radio development)

Subject: Prospective development of community radio. Simplified procedure for obtaining a license for community radio stations. Benefit preferences for community radio stations.

Attended:
Galich V, Usenova B., Alisheva N.

Solved: to organize a meeting with representatives of the State Agency of communication, to know their vision on this issue

3) 14 September 2013 – media law training for creative staff of news department of Ala-Too PTRC

Place of conducting: PTRC building.

PA “Media Policy Institute” September 14, 2013 held a training course on media law for the creative team studio “Ala-Too” PTRC. The training was conducted with the support of

“Internews” in Kyrgyzstan. According to the preliminary list of participants for the training was announced 33 people, but attended – 36 of them men – 18, women – 18. Among the participants were presented a variety of professionals: journalists, correspondents, leading programs, operators, producers, editors. Trainers: Media Policy Institute’s media lawyers Akmat Alagushev and Nadejda Alisheva with experience in the media field for more than 12 years.

Since the studio prepares and produces news programs, then it is very important for employees to know their rights to seek and impart information and accordingly – the duties and the responsibility they bear for violating the law.

Methods of teaching was based on a combination of theoretical with practical exercises in small groups and group presentation of the results, brainstorming for all participants and the personal work of each. The theoretical part was represented by video presentations. Prepared handouts: extracts from the legislation on the rights, duties and responsibilities of the journalist (CC KR, the Criminal Code, laws on media, on TRV, on the PTRC, the protection of professional rights of journalists, access to information). As well as a brochure on the rights and responsibilities of journalists and the Interior Ministry during mass events.

MPI prepared evaluation questionnaires in order to assess the training.
Participants expressed their thank to us and asked to conduct such trainings as often as it possible. Since they’ve got answers to all their questions and connected directly to their professional activities. Trainers tried to answer all the questions, we would like to present most important of them:

1. What is prohibited to journalists
2. To discuss Editorial Policy of PTRC
3. Duties of Journalists
4. Journalistic Ethics
5. To discuss problem video
6. To discuss theory and practice
7. How journalist has to defend his rights?
8. Where rights of journalists finished and start their duties?

Participants were given the right to ask questions in the light of lecture materials. A separate block in the program was given free time to issues that are not dealt with the topics.

• Preparation to the training on media legislation for the creative team of Informational programs of Ala-Too, PTRC, elaboration of the subject of lectures, preparation of handouts and presentation slides.

• During the training journalists asked more than thirty questions.

• Journalists also sent four anonymous questions before the training

* Trainers commented the following video:

1. Drunk Deputy driving the car
http://ktrk.kg/ru/content/deputata-gorkenesha-hasan-alimbekov-zaderzhan-za-vozhdenie-v-netrezvom-sostoyanii-video

2. Quality of flour «Akun»
http://old.ktrk.kg/kyr/index.php?newsid=7868

4) Meeting with the head of Informational Policy Department of the Ministry of Culture

Subject: Discussion of the draft law “On licensing and permitting system.”
The project was prepared by the Ministry of Social Development is currently in the Parliament.

Participants: Abdraev K. Head of Informational Policy Department; Alisheva N, MPI

Concern is about the new project introduction of an additional license for the creation of content. Taking into consideration the fact that Kyrgyzstan has its own level of training programs is not developed, it is difficult to predict how this is reflected in the activities of TRV

In the new project indicated 3 licenses.
1. work in the field of telecommunications;
2. work in the field of data transmission;
3. broadcasting, including the creation of programs that transmission and distribution;

Solved: To examine in more detail the project that its rules do not hurt the transition to digital broadcasting.

5) 19 – 20 September – Conference “Factor 2015 – readiness of the Kyrgyz Republic to digital broadcasting transition”

B.Usenova took part in a conference “Factor 2015: readiness of the Kyrgyz Republic to digital broadcasting transition”, organized by the initiative of the Government of the Kyrgyz Republic in cooperation with Europeran Union project “Inspired” in Bishkek.

In accordance to step by step Plan of Action of the Ministry of Culture, Information and Tourism working on a Plan of technical modernization and development of material and technical base of the transition to digital public and government TV radio companies.

At this stage, the Ministry of Culture identifies the following problems:
1. Determination of conditions for the transition of existing private broadcasters on the new format.
2. Inventory of existing legislation and the development of a new system of legal regulation of digital broadcasting.
3. Informing the public about the transition to digital broadcasting.
4. Donor coordination of technical assistance in the transition to digital broadcasting

6) 20 September 2013, MPI staff conducted a consultation meeting for Ainura Temirbekova

MPI members A.Alagushev and B.Usenova conducted a consultation meeting with the Deputy Minister of Culture, Information and Tourism Ainura Temirbekova on the issues of journalists’ responsibility, legislation regarding rights and duties of journalists.

Subject of consultations:
Privacy legislation in Kyrgyzstan
(an important issue for state officials)
http://www.media.kg/publications/neprikosnovennost-chastnoj-zhizni-v-kyrgyzstanskom-zakonodatelstve/

Coverage of ethnic issues in the Kyrgyz Republic (it is important to know how regulated
this area may be a question on this subject)
http://www.media.kg/wp-content/uploads/2013/07/publication_MPI.pdf

The legal environment for the development and operation of the media in the Kyrgyz Republic (here the authors thoroughly covered the basic laws governing the media)
http://www.media.kg/publications/pravovaya-sreda-dlya-razvitiya-i-deyatelnosti-smi-v-kr/

It was a consultation meeting at the request of the Deputy Minister for the understanding of media legislation, taking into account the views of civil society and media organizations. The consultation was carried out in order to profile ministry in the future in the face of Deputy promoted progressive views on media legislation of Kyrgyzstan.

7) 24 September B.Usenova conducted a lecture on media-legislation for students of Journalism Faculty in AUCA

There 21 students took part in the lecture, 5 of them – men, 16 – women.

During the lecture discussed the following subjects:

1. Brief description of the laws governing the media
2. Professional rights and responsibilities of journalists
3. Protection of honor, dignity and business reputation
4. The responsibility of journalists

It was a very useful meeting for students of 2 course of Journalism and Mass Communications Department of AUCA, since students just started the study primary in their profession. It is very important for them to know answers at the questions about their duties, responsibilities and rights. And also they wanted to know about the role of journalists in solving different situations in the state. At the end of lecture students thanked lector for this interesting lecture.

IV. Key Results This Month

Legal assistance to legislative drafters/government officials/NGOs/Media organizations

Court cases

1. In the Sverdlovskiy district court of Bishkek with a claim on protection of honor, dignity and moral damage in the amount of 300,000 soms to the newspaper “Delo № ..» (socio-political, private, circulation 17,000 copies) turned Shaylieva Tokon Asanovna. She requests to declare untrue information in the articles published from 30.05 -29.08.2012, the “Money in the morning, in the evening shish” and “Fraud is obvious.” Date of consideration 30.07-08,16.08., 03.09.2013 year.

2. In Pervomaiskiy District Court of Bishkek to defense honor, dignity and business reputation and compensate moral damage for the amount 10.000.000 soms from the newspaper “Alibi” appealed Jaichibekov P., Japarbaev О and others. They ask to recognize untrue the information published in the article of this newspaper. Dates of hearings 02.09.2013, the next date 09 October 2013.

3. In Pervomaiskiy district court of Bishkek appealed Member of KR Parliament in order to defend his honor, dignity and business reputation and compensate moral damage in amount 100 000 soms from the informational agency “Kyrgyz today”. Deputy Tursunbekov Chynybai Akunovich asked to recognize untrue the information published in the article “Jol today – 2010 Who took part in the organization of the Friendship Kurultay initiated by Bakiev?” Dates of hearing 17 July, 2013. This case is temporarily stopped in connection with the linguistic expertise appointment.

4. In Sverdlovskiy district court in order to defend honor, dignity and business reputation and compensate moral damage in amount 2000 000 (two million)soms from the newspaper “Delo#…” appealed Boronchieva Galia. She asks to recognize intrue the information published in the article “Was the attorney haywire?” Date of consideration 09, 24.07. and beginning of September. During the hearings 13 September 2013 court decided to temporarily suspend the case unless the criminal case will be considered in Pervomaiskiy court of Bishkek, as between the cases is a direct connection.

5. In Sverdlovskiy district court in order to defend honor, dignity and business reputation and compensate moral damage in amount 10.000.000 (ten million) soms from the Chief Editor of “Uchur” newspaper Sartbaev Aslanbek appealed Jumaliev Kubanychbek. He asks to recognize untrue the information published in the article of this newspaper dated on 2 July 2013. Dates of hearings 28.08,17,25.09.2013. The next date 15 October 2013.

6. In Sverdlovskiy district court in order to defend honor, dignity and business reputation from the JSC “5th Channel”, author of the program “My history” of Ksenia Kiss appealed Director of JSC “Ak-Keme” Sarymsakov Ruslan Adykanovich. He asks to recognize untrue the information in the program “My history” in a video “Where the white boat goes?” showed July 3 at “5th Channel”. Dates of hearings 30 August 2013. The next date of hearing 30 September 2013.

Consultations provided by Media Commissioner

To get a consultation appealed human rights activist Nurbek Toktakunov on the issue of the published article in the public-political newspaper “Aybat” with the title “Be quit, Toktakunov” where they published an untrue information. Media Commissioner conducted negotiations with all the sides of the conflict and they decided to close this case with peace statement.

Juridical Consultations

1. Consultations for the Central Asian Media Law website (written):

1. What is the social advertising? http://medialawca.org/posts/04-09-2013/74597.html, September 4
2. How to fill an appeal to register a title of the company? http://medialaw.asia/posts/23-09-2013/75185.html, Сентябрь 23
3. Basis to reject in registration of the company title. Sent 26.09

2. Work in the framework of the juridical project:

• Association of community mass media recourses

Consulted:
– The appropriateness of writing self-bill of community radio
– On the lobby for changes to the law on mass media.
– What are the different powers in accordance with the law in the Supervisory Board of Community Radio?
– What information do local governments are obliged to distribute their own? And what methods are allowed?
– What is the procedure for the presence of journalists at meetings of local government?

• Preparation of proposals on forming social package during transition to digital broadcasting. (For the Ministry of Culture)

MPI sent own versions: what kind of prgrams should be included in the social package. Russian language text is in Annex 1.

Kyrgyz legislation Inventory

• Expertise of legislation and selection of legal acts for the website www.medialawca.org

1. Law “On Trade Names”

Consultations and comments

• Consultations for the AU CA student, subject: Internet regulation: Freedom of speech and distribution.

• Media lawyer provided 8 consultations.

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