Report. IMP. October 2013

Media Policy Institute
Monthly narrative report
Reporting period: October 1 – October 31, 2013
Provided by: Ainura Eshenalieva
Date of submission: November 1, 2013

I. Resume

For the reporting period Media Commissioner Akmat Alagushev defended interests of mass media and media representatives in 7 court cases. Agreement of lawsuit was reached on T. Shalieva’s claim. Other cases are in process.

PF “Media Policy Institute” conducted a scientific workshop “Legal regulation of speech conflicts in the media and problems of linguistic expertise” for Bishkek University teachers of linguistics. MPI invited trainers from Kazakhstan: Candidate of Philological Sciences Karymsakova Rakhilya Dauletbaevna, Doctor of Philology Li Valentin Sergeevich and MPI specialists (Media Commissioner Akmat Alagushev and media expert Nadejda Alisheva).

MPI experts responded to the initiative of the JK KR deputy G. Skripkina on amendment of the law “On introduction of changes and amendments to the Criminal Code”. This initiative is a threat to journalists covering critical activities of state bodies and officials, who are being implicated in criminal activities most often (abuse of powers, corruption, etc.). Therefore, MPI has prepared a juridical commentary to the draft law on amendments to the Criminal Code of the Kyrgyz Republic in art.329 “misleading information”.

For the reporting period Media Commissioner with representatives of other organizations visited Mongolia, where he studied the experience of self-regulation of labor unions.

For the reporting period MPI staff conducted several meetings with the representatives of international organizations, media 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) October 8 – 12, 2013 – Media Commissioner participated in working meeting in Mongolia.

Delegation of 7 representatives of media-sector of Kyrgyzstan took part in a working meeting on cooperation in Mongolia. Within the framework of Soros Foundation project “East-East”, participants visited Public National Broadcasting TV Radio Company (signed Cooperation Memorandum), visited several private TV and Radio companies, printing houses; conducted meetings with Mongolian media organizations. Mongolian colleagues shared their experience in self-regulation and the work of journalists’ labor unions. KR Media Commissioner shared with his working experience.

2) October 11 – 14, 2013 – scientific workshop for linguistic experts in Cholpon-Ata. Subject “Legal regulation of speech conflicts in the media and problems of linguistic expertise”

Media Policy Institute conducted training with support of Embassy of Finland in Kyrgyzstan and Kazakhstan. The training was oriented at university teachers – professional linguists. MPI invited experts from Kazakhstan, Candidate of Philological Sciences Karymsakova Rakhilya Dauletbaevna, and Doctor of Philology Li Valentin Sergeevich. MPI specialists, Media Commissioner Akmat Alagushev and media expert Nadejda Alisheva were also invited.

The workshop was attended by 19 university teachers – 16 women, and 3 men.

Trainers from Kazakhstan taught how to properly do the linguistic expertise of controversial texts in the court cases on protection of honor, dignity and business reputation, with criminal charges of inciting religious and ethnic hatred. Trainers also carried out practical work on techniques of writing linguistic expertise, discussed the controversial articles and linguistic expertise. Trainees were provided with various ready versions of linguistic expertise to be able to use them in practice.

MPI Trainers presented a new law “On court-expert activities” of 24.06.2013; explained how the experts’ activities are regulated, including linguistic experts, what rights, duties and responsibilities they have; made distinction between the status of experts and professionals, described their procedural actions in criminal and civil proceedings; worked in small groups, familiarized the trainees with media law. Trainees were given handouts and tutorials on linguistic expertise “Opportunities for linguistic research of controversial texts in the media”, published by MPI.

MPI Trainers also familiarized the training participants with MPI’s litigation practice, discussed the most high-profile cases against the media and journalists, where MPI lawyers requested the court to conduct linguistic expertise.

Evaluation form was prepared to evaluate the organization of workshop by each participant. All responses were positive. In general MPI was requested to continue its efforts in improving the expert activities.

3) 25 October – Coordination meeting of media sector of Kyrgyzstan

Director Usenova Begaim and Coordinator Eshenalieva Aynura , attended the coordination meeting of the media sector which was held by International Media Support in Kyrgyzstan. The meeting was held at Park Hotel. The event was attended by over 30 participants, 12 of them – men, 18 women. The list of invitees included the representatives of media organizations in Kyrgyzstan, international organizations, and local media.

The meeting has been divided into several themes. Marat Tokoev presented the results of media research and spoke about the difficulties being faced during implementation of the research. Director of MPI Begaim Usenova moderated this subtopic.

Daniar Sadiev reported about “The role of the media in post-conflict rehabilitation in the south of Kyrgyzstan; RPTRC “Yntymak” experience”. Belarusian journalist Alex Leonchik described the experience of his country in his report “The future trend: Production of innovative journalistic content for mobile phones.” Representatives of international organizations shared their plans for the future, spoke briefly on priorities in the development of mass media in Kyrgyzstan.

22.10 – Working meeting with the representative of Bishkek Humanitarian University about conducting media law course for journalism students.

Participants: MPI – N. Alisheva the Media-expert and A. Smatova the Head of Journalism Department of BHU

Solved:
1. BHU will provide their curriculum for MPI’s review.
2. MPI will determine the amount, subject and time of lectures to match with BHU.

4) 24 October 2013 – PF “Media Policy Institute” issued a legal commentary on the legislative initiative of the Kyrgyz parliament deputy G. Skripkina.

MP from the Party of Social Democrats Galina Skripkina introduced a bill “On amendments to the Criminal Code of the KR”. G. Skripkina proposed to supplement article 329 of the Criminal Code of the KR with the provision on deliberately false report in public speech and/or the media with accusation of crime. This proposal brings us back to decriminalized article “Slander”. And this cannot be allowed because the Constitution prohibits prosecution for dissemination of information, discrediting or denigrating the honor and dignity of the individual” (Clause 5 of Article 33).

MPI has responded to this initiative, as it is a threat to the journalists covering critical activities of state bodies and officials, who often implicated in criminal activities (abuse of powers, corruption, etc.).

Claims against journalists covering criminal events and those involved are often justified by the fact that media violates the presumption of innocence. But if journalist has violated this rule, the victim can go to court to restore his honor. Civil law provides for liability of journalists for spreading false information. This is article 18 of the Civil Code of the Kyrgyz Republic “protection of honor, dignity and business reputation “).

Therefore, MPI has prepared a legal commentary to the draft law on amendments to the Criminal Code of the Kyrgyz Republic. Full version of the commentary on the website of Media Policy Institute and www.medialawca.org: http://www.media.kg/favorite/iniciativa-deputata-vozvrat-k-klevete/

Local media reaction to the MP’s initiative:

http://www.kabar.kg/rus/society/full/65232
http://www.24.kg/community/163635-laquoinstitut-media-polisiraquo-vnesenie.html
http://www.paruskg.info/2013/10/25/89203
http://catoday.org/centrasia/kgru/11010-pravozaschitniki-vystupili-protiv-popravok-v-statyu-zavedomo-lozhnyy-donos.html
http://www.medialawca.org/posts/24-10-2013/76029.html
http://kg.akipress.org/news:585235

5) October 24 – Meeting with International Media Support representative Henrik Keith Hansen about the possible ways of cooperation in the sphere of media legislation in 2014-2015

Participants: MPI – Usenova Begaim and Alisheva Nadejda.

MPI activities and the prospects of cooperation in the coming years were discussed. MPI will prepare priority objectives for 2014 in order to coordinate common projects.

IV. Key Results This Month

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

Court cases

1. Shaylieva Tokon Asanovna turned to Sverdlovskiy district court of Bishkek with a claim on protection of honor, dignity and business reputation against “Delo № ..» newspaper (socio-political, private, circulation 17,000 copies), also claiming for compensation for moral damage (300,000 soms). She requests to declare untrue the information in the following articles “Money in the morning, and nothing in the evening” and “Fraud is obvious” (published on 30.05.2012 and 29.08.2012). The case was considered on 03.10.2013 and 07.10.2013. Amicable resolution of dispute has been reached on 16.10.2013. The plaintiffs’ claims were satisfied partially.

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, 09 October 2013, the next date of hearing in November 2013

3. 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., 15 October 2013. The next hearing in November 2013.

4. 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 31 October 2013.

5. In Sverdlovskiy district court of Bishkek with a statement about criminal responsibility under article 128 of the Criminal Code (insult), against chief editor of “Uchur” Sartbaeva Aslanbeka, appealed Zhumaliev Kubanichbek Myrzabekovich about published July 2, 2013 article titled “Zhumaliev karyganda zhubayy Roza Amanova tashtap ketebi? ‘. Dates for consideration 03,15.10.2013 year. The next review date 31.10.2013

6. In Sverdlovskiy district court of Bishkek with an appeal to defense honor, dignity and business reputation and compensation of moral harm in amount 100 000 soms from the newspaper Asia-News appealed Head Issyk-Ata district court-medical expertise Karagulov J.J. (Asia-News is a public-official, private newspaper with circulation 5000 copies). Karagulov demands to recognize information published in the newspaper untrue. Dates of consideration 23 September and 04 November 2013.

7. In Sverdlovskiy district court of Bishkek with an appeal to defense honor, dignity and business reputation and compensation of moral harm in amount 1 000 000 soms from the newspaper “Asia News” (public-political private newspaper with circulation 5000 copies) appealed Moldosheva Chinara. She asks to recognize information published in the newspaper untrue. Dates of hearings: 25 october and 04 November 1, 2013

Juridical Consultations

1. Consultations for the central Asian website (written)
1. What is the responsibility for distribution of extremist materials? http://medialawca.org/posts/07-10-2013/75570.html, 7.10
2. In what case is it possible to use the work without the author’s consent and without payment of royalties?http://www.medialawca.org/posts/22-10-2013/75946.html, 22.10
3. MP’s initiative – return to libel (Legal commentary of Media Policy Institute to the Law draft “About additions to the Criminal Code of KR Art. 329 «misleading information), http://medialawca.org/posts/28-10-2013/76083.html 24.10

2. Preparation to the scientific seminar with linguists

– Compilation of legislation in the sphere of media and the forensic work in Kyrgyzstan and the positive experience in other states,
– Develop training material and practical exercises in small groups,
– Preparation of 2 presentations: “Forensic expert activities in the Kyrgyz Republic. State of linguistic expertise in the Kyrgyz Republic “and” The experience of other countries in the development of linguistic expertise (for example, Russia, Kazakhstan) ”
– Prepare a handout for participants

3. In the framework of juridical project

Preparation of a comparative table on the competence and responsibility of experts and specialists in the Criminal Procedure Code and the Code of Civil Procedure

This table was made in the training of expert linguists and linguistic professionals to involve them in the preparation of expert opinions in court cases against journalists and the media about the protection of honor, dignity and business reputation.

Linguists, engaging expert activities should be aware of the difference of their competence in the preparation of linguistic examination of the disputed texts distributed to the media, in the framework of criminal and civil laws. And, for a linguist who speaks in court as involved experts , it is important to know what a difference appearances in criminal and civil litigation : what powers he possesses and his rights and duties.

The table also includes a set responsibility for the expert and specialist , depending on the review of the disputed text in criminal or civil proceedings.

Analysis of the amendments to the law “On Licensing”.

The database Parliament of the Kyrgyz Republic , registered a draft law On amendments to the Law “On Licensing” . If the deputies will this bill , it will directly touch the media sphere , as the licensing authority in the field of communications is the State Agency Communications, which issues licenses to the electronic media , and Internet service providers .

The proposed addition requires the licensing authority to post on its website complete information about obtaining a license. This information should be included :
– A list of the documents attached to the application for a license ,
– Terms of consideration received an application for a license ,
– Who have a particular artist , which will consider the application (last name , first name , middle name, office number, email address )
– While the licensing authority and its territorial units,
– As well as any other information relating to issuance of the license , which contribute to citizens and legal persons in obtaining a license with minimal loss of time and money. “.

This initiative meets the requirements of the law of parliament “On access to information held by public bodies and local self-government of the Kyrgyz Republic “, and suggested additions are a sign of maximum accessibility to information and transparency of public authority , including , and State Communications Agency.

Thus, these amendments to the law on licensing aimed at alleviating the situation of obtaining a license for the electronic media and the Internet – the operators of SCA.

Work on the new draft Regulation on accreditation, in the Parliament of the Kyrgyz Republic ( JK ) .

Given the sad experience of 2012, when the deputies , using imperfect many of the procedures laid down in the existing Regulation on accreditation of media journalists in the Parliament of the Kyrgyz Republic in 2010 , did not receive accreditation parliamentary correspondent of one of the largest television companies in the country – ” Channel Five “, MPI started on bringing the legislation in line with the Regulation. Then the reporters ‘ Channel Five ‘ banned physically visiting parliamentary sessions, but under the law of the activities of Parliament is public.

Analysis of the provisions in the Rules of accreditation in JK KR of journalists media revealed the existence of contradictions legislation and many other disadvantages. In the text were made: inaccuracies in the statements, not compliance with the law at some point and this edition does not answer many questions and requires revision. The Rules are no very important position. For example, according to today’s edition of journalists are denied the right to appeal any decision made or action on the part of parliament deputies. This is especially important in matters relating to failure to obtain accreditation, its suspension or withdrawal. It turns out that the decision made by this body, is final and not subject to appeal , and the journalist in all respects remains powerless .

In agreement with some deputies MPI has developed a new draft Regulation on accreditation of journalists in the Parliament of the Kyrgyz Republic in accordance with national legislation.

In a prepared draft of the new Regulation on Accreditation clearly state: how to obtain media accreditation for journalists and the reasons for its deprivation , specific deadlines and document review, the notification mechanism for re-accreditation , as well as the rights and responsibilities of accredited journalists , based on existing legislation.

Currently, the document submitted to Parliament and is under consideration by the deputies .

4. KR Legislation Inventory

hecking the legislation of the Kyrgyz Republic and the selection of regulations for the site medialawca.org. Send in 2 languages.

1. LAW ON Rules of Parliament of the Kyrgyz Republic (change)
2. LAW ON licensing system (new)

Consultations and comments

Chief editor of the newspaper MK-Asia, Ulugbek Babakulov asked: What is the responsibility in case if the newspaper did not indicate the circulation?

Answer: Direct statutory provision by which a media outlet or her head for it would incur no liability. However, the printing press can formally complain about and slow down production of the newspaper. In addition, competitors, customers, advertisers can go to court, for that would be a good reason. Also, the competition authority can file a claim.

There more than 12 questions have been asked from mass media recourses, information agencies and active bloggers regarding the legal commentary after the initiative of G.Skripkina.

More than 17 questions were discussed at the scientific seminar

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