Internet journalism in Kyrgyzstan remains one of the most independent branches of journalism today. Compared with the press, TV and radio journalism, representatives of online publications enjoy much greater freedom of speech and have an opportunity to express a diversity of views. 

According to experts, Kyrgyz Internet space today is virtually the only arena where citizens can freely express their opinions, and legal regulation of the activities of Internet sites will significantly restrict the freedom of speech and delay the development of online publications.

The media community believes that the initiative of some Parliament members, who in 2007 proposed the idea to give online publications the status of the mass media, represents a serious threat to the activity of online editions. After a strong protest by the media and NGOs against the introduction of this legislative measure, the initiative was suspended. Nevertheless, according to allegations of its lobbyists, Internet journalism will be “brought under control” in the nearest future. 

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The year 2007 was marked by repeated attempts by lawmakers to equate the Internet to the media. One of the initiators of this idea, Alisher Sabirov, prepared and submitted amendments to the laws ”On the Media” and “On Informatization.” The drafts were not supported, but the probability of their approval in the near future is high. 

In an interview with BPC, a Jogorku Kenesh member, Alisher Sabirov, explained the reason behind why he had made such a legislative initiative, saying: “I am myself an active Internet user, and monitoring the latest news, I constantly see how in the global network there appear defamatory, insulting, discriminatory and racist remarks. Sometimes I even find obscene words. However, I believe that the Internet should evolve according to the legal, ethical and moral standards, to prevent phenomena, inciting interethnic and inter-religious enmity. This is the first reason that made me propose this bill.” 

“Secondly, terrorist organizations actively have begun to use the Internet. Through the global network, they promote their ideas and recruit new people, posting instructions on how to manufacture explosive devices and make poisons. The third reason for my initiative is that we learn from the experience of other countries and see that they are also trying to establish legal regulation of the Internet.” 

The idea to equate online publications with the media is shared by the Justice Minister, Marat Kayipov, (he was forced to the resign by the President on September 10). He believed that this branch of journalism, if not controlled by legal regulations, is a big omission. 

“As Kyrgyzstan is a legal state, this requires to be adjusted by the law. In doing so, I want to draw attention to the fact that this does not mean control of electronic media by the state. The measure only implies responsibility from the side of both the State and the owners of Internet sites for information provided for citizens”, Kayipov, the Minister of Justice, underlined in his interview to BPC. 

At the same time, Marat Kaiypov drew attention to the fact that, unlike newspapers, the materials of online editions are stored in the database that is accessible to anyone from anywhere in the world. Besides, online media offer users the opportunity to participate in forums where anyone can leave a tactless comment that can incite interethnic or cross-regional strife. 

“This is absolutely unacceptable, and I believe that owners of electronic media should bear full responsibility for the comments in the forums. The State, for its part, is doing everything to give the media a free hand. However, some media perceive such freedom as permissiveness, and believe that they can disseminate any information. In my opinion, we have too much freedom of speech, while the Kyrgyz media severely lacks political correctness”, Marat Kaiypov stated. 

In his turn, a media representative of KR, Ilim Karypbekov, shares the opinion that the introduction of a bill on recognition of Internet publications as the media will eliminate the “relative freedom of speech” in Kyrgyzstan. 

”Yes, today the term "Internet" does not exist in the legislation of the Kyrgyz Republic. However, one cannot say that all information disseminated through Internet editions, is not regulated. It is certainly regulated, and people bear for it exactly the same responsibility as if they had disseminated information through other media. In other words, the journalists of online publications are fully responsible for libel and insult. Another matter is that it is difficult to prove ownership of the source of information by any person or entity”, the media representative said. 

Ilim Karypbekov is sure that in the future, Internet publication owners themselves will be interested in legal regulation of their activities, but this should be done not under pressure but according to their own will, and under the conditions, which do not endanger the freedom of speech. 

“Today Kyrgyz legislation allows the owners of Internet sites to freely register the sites as mass media. But so far, there is no site registered. However, the future market and socio-economic situation in the country will dictate their conditions.  Owners of Internet sites will voluntarily begin to register and, thus, enter the legal framework. We need time for this”, Karypbekov believes. 

Shamaral Maychiev, a media expert, holds a different point of view about the possible recognition of Internet publications as media. In his view, the Internet editions cannot be classified as media. 

“One reason for this is that journalists of news agencies do not distribute or send the information. Readers voluntarily open the sites in search of information. They evaluate presentation and quality of the material. In general, online publications cannot be equated to media because not all of them play the role of the media. Only owners themselves should give their sites the same status as the media”, Maychiev says. 

“Information agencies are a product that corresponds to the realities of modern society. And, as the experience of foreign countries has shown, the attempts to restrict their activities by amending the Media law, cannot succeed”, underlines Maychiev. 

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The issue of possibly recognizing Internet publications as media has repeatedly been raised at various conferences and roundtables on the problems and prospects for development of the Kyrgyz media. 

For example, in May 2007 Adahan Madumarov, who was the State Secretary of KR at that time, made a statement at the First Bishkek media forum that “in the CIS the most unruly information policy exists only in Kyrgyzstan”. 

In this regard, Madumarov stressed that journalists should bear adequate responsibility for the dissemination of information, and thanked the members of the Kyrgyz parliament who supported the bill, giving Internet publications the same status as the media. 

In response to this, Dmitry Kabak, a Kyrgyz human right activist who is the head of PF Open Position, criticized the actions of supporters of the initiative. In doing so, he referred to the fact that the laws of KR have enough mechanisms to regulate the activities of Internet publications. 

“The International Pact on Civil and Political Rights operates in our country. It states that everyone has the right to seek, spread and receive information by any means, i.e. it can be creative work, peaceful gatherings, as well as written expression of views and articles comments. Unambiguously, comments should be posted in a suitable format. Any views expressed publicly have imposed limitations. But in our legislation, there are already bans on speeches aiming at the violent overthrow of public order, inciting interethnic strife, etc. Therefore, in my view, there are enough tools, including the Media law, which regulate this kind of expression”, expressed Kabak. 

Kabak also noted that there is a question about filtering comments, asking,. “Who will be the expert evaluating what is acceptable and what is not?” In this regard, as Kabak pointed out, the case will most likely end with simply banning comments, which would be convenient for Internet sites themselves.” 

When commenting on the idea of giving online publications the status of the media, Joomart Saparbaev, the press secretary of the “Ata Meken” party stated, “I have a negative attitude toward this initiative.” 

“If I am not mistaken, the initiative of legislators deals with news agencies and other socially significant information in electronic media. I would understand if they proposed to establish control over pornographic sites or the sites wittingly disseminating false information. But restricting the activities of news agencies can have a negative impact on the development of Kyrgyzstan, because we already see the information vacuum in the press, on television and radio. There are virtually no more free periodicals in our state; almost all of them were closed. So, if the authorities will also control the Internet space, it will negatively influence development of our democratic institutions, human rights, freedom of speech and expression“, expressed Joomart Saparbaev. 

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It is worth saying that one of the last discussions of the motion on the recognition of websites, web blogs and forums as media was held on April 25, 2008, in Bishkek. The organizers of the discussion were the PF “Internet Policy Civil Initiative” and the Jogorku Kenesh Committee on Ethics and Rules. 

Recognition at the legislative level of Internet publications, web blogs, forums and other forms of Internet activity by users in the web environment as media was a key topic of the Roundtable. 

Members of parliament initiating the bills to regulate activities in the virtual environment, representatives of the Ministry of Culture and Information of KR, as well as employees of news agencies and Internet information agencies, were invited to participate in the discussion. 

Ulugbek Ormonov, one of the parliament members who actively supported the recognition of Internet publications as  media, commenting on lobbying for legislative mechanisms to regulate the electronic media, said that today “permissiveness of Kyrgyz online publications goes beyond all bounds.” 

However, Ormonov noted that the situation has considerably improved since the sites of news agencies allowed only registered users to make comments. This measure, as Ormonov stressed, saved the websites obscene words, which had prevailed when one could speak anonymously. 

“This is normal when people share their thoughts or views on an issue. Reading the comments, one may see the people's reactions to any changes, to the events happening in the country, and draw valuable ideas for addressing the crucial problems of the country. However, among such information one may also often see libel comments on various public figures and politicians”, Ormonov said. 

“I regret the initiative to equate Internet agencies with the media was suspended, but I hope it will be passed as a law”, said Ulugbek Ormonov. 

In their turn, Ulugbek Ormonov’s colleagues, social democrats Isa Omurkulov and Murat Juraev, hold the view that Kyrgyzstan should not rush into recognizing online editions as the media. 

Murat Juraev considers that “The idea of making Internet editions the mass media is being promoted to ensure the authorities’ control over the press”. 

“If Internet editions are recognized as the media, they clearly will become controllable, and their activities will fall under regulation by the authorities. Therefore, a golden mean must be found so that the people could still receive alternative information through the Internet. This is very important. For example, when I was in Tajikistan and Uzbekistan, I could see that Internet is virtually closed for ordinary users, we do not want such situation”, said Juraev. 

”Limiting citizens in their right to express their views and position through the Internet is wrong. There is no such practice anywhere in the world“, stated Isa Omurkulov, another member of SDPK and of the Parliament.  

“The whole world lives with the Internet, and we must also take that direction. Instead of restricting the activities of online media, we should inform our people not only about political events but also other events as fully as possible. The Internet provides such an opportunity and, therefore, we in no case, should restrict the Internet space and put obstacles in the development of electronic media”, the social democrat underlined. 

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The Kyrgyz media community, including the representatives of Internet journalism, shares the view that online publications in no case should be equated to the mass media. 

For instance, the editor in chief of the Internet publication Tazar, Elmira Toktogulova, believes that the officials should freeze this initiative to legislate the regulation of online publications.

“The countries regulating the Internet space, sooner or later encounter a situation when people get over the introduced restrictions. How can one manage the space? It is unmanageable. The same can be said of the Internet”, Toktogulova underlined. Besides, she questioned the statements by individual politicians that the regulation of Internet publications must be introduced because of unprofessional work of those online agencies. According to the chief editor of Tazar, today the level of trust in online information has increased, and this is due to the Internet publications themselves who seek to improve the quality of published materials.” 

Azamat Tynaev, chief editor of the newspaper Komsomolskaya Pravda - Kyrgyzstan, whose releases are available for readers in electronic form, shares the opinion that control over an Internet site must be the prerogative of its owner. 

“It is necessary for them to realize the concept of responsibility. For example, we publish newspapers and ensure that they do not have obscene expressions of racial insult or defamation. In this regard, nothing prevents websites from doing the same”, Tynaev said. 

“In general, tight regulation and control that our legislators are seeking will lead to no good”, the editor of Komsomolskaya Pravda  added. 

Aibek Chekoshev, the chief editor of the Public Rating paper, also published in electronic form, commented on the legislative initiative, saying that Kyrgyzstan should in no case copy the Russian or other laws in its zeal to establish control over online publications. 

He also noted that it is extremely difficult to regulate Internet publications. On that occasion he said: “For example, activities of other media can be quite easily limited. A newspaper, for instance, can be prohibited from passing through customs.  But  the Internet has no boundaries. The bodies that will regulate the activities of Internet publications will be in a very difficult situation.” 

Developing the topic, Aibek Chekoshev said that it would be sufficient if private owners themselves carried out the regulation of online publications. 

“I can say on the example of our publication, that we have a clear policy not to print materials promoting ethnic strife or violence. I would very much like our Internet publications to develop competently, without sudden changes that could prevent the formation of that area”, Chekoshev said.

“Possible recognition of the Internet publications as the mass media will create a serious problem”, shared Daniyar Karimov, a Kyrgyz journalist who works as a correspondent for the 24.kg information agency. 

“As far as the people working on the online editions know, officials are going to impose liability for the information that is placed even on online forums. For example, in the future, there may be situations when someone, being hostile to a particular website, will write a bad comment about a specific person. Then the libeled person will sue the online newspaper, and, thanks to the Media law, will win the case. On the one hand, this situation is absolutely absurd. But, on the other hand, it can surely happen; taking into account the "special love" of our officials and Parliament members to the media”, Karimov said. 

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A prominent Kyrgyz political analyst Nur Omarov, commented on the initiative of Alisher Sabirov and his supporters, emphasizing that “such legal attempts are futile”. 

“The point is that if any online edition wants to avoid pressure from the authorities or to circumvent the restrictions in the Internet space, it will be enough to register on the territory of another country”, the expert underlined. 

Nur Omarov said that it is not necessary to equate online publications to mass media for a following reason: “Now journalists and managers of electronic publications will become increasingly aware of the social significance of their activities on the Internet and will gradually come to the concept of self-censorship. In particular, this applies not only to published articles, but also to comments and expressions of individual users of the global network.” 

In addition to that, the political analyst expressed his concern that the ongoing pressure on Internet publications and possible legislative regulation of their activities will significantly limit the freedom of speech and thought in Kyrgyzstan.  This will, first and foremost, harm the government, which will lose a real indicator of public opinion. 

Kyrgyz human rights activist Aziza Abdirasulova who leads the center Kylym Shamy also shares the view that Internet sites should be controlled exclusively by their owners. 

“Earlier, one could write anything in the forums, but now, the website administrators themselves regulate the comments of visitors. Writing anonymously is not the best option, and we must not forget that besides the right to the freedom of expression, there is also the right of everyone to protect their own honor and dignity”, Abdirasulova underlined. 

“In my opinion, the forums should be controlled so as not to cause moral harm to people. At the same time, electronic media, just as newspapers, radio and television, should not be censored”, the leader of Kylym Shamy added. 

Aziza Abdirasulova also noted that, when journalists, regardless of whether they work in the electronic media or printed ones, allow for anonymous or defamatory articles they must bear responsibility. However, in no way it should be criminal responsibility, she said. 

“We cannot do without the responsibility for disseminating information, because for a man who was defamed by a mass medium, it is a serious moral and psychological blow”, Abdirasulova emphasized. 

In his turn, a Parliament member Alisher Sabirov, commenting on the intention to recognize online editions as the media, said that if the amendments elaborated by him will be introduced, “Internet editions will need to work, keeping in mind the existing legal restrictions.” 

“I am confident that they will impose rigorous editorial work and enhance the sense of responsibility while carrying out their activities. Besides, I want to emphasize that it cannot lead to restriction of freedom of speech Kyrgyzstan”, Alisher Sabirov underlined. 

As for the stage, at which the bill is now, on September 10 Alisher Sabirov said the bill is being amended and the committee is seeking experts to conduct an independent examination of the draft law. 

“We want to find a golden mean not to violate human rights and, at the same time, to prevent the spread of inadequate information”, Alisher Sabirov concluded.

Radislav Safin, IPP media coordinator

23.09.2008

This article was prepared within the framework of the project “Safeguarding Internet journalism in Kyrgyzstan” supported by OSCE Center in Bishkek