The Current State of Online Journalism in Kyrgyzstan: Problems and Development Prospects
Roundtable transcript
List
of participants:
Moderator
- Radislav Safin, the editor in chief of the Bishkek Press Club;
Erlan
Abdyldaev, director of the IWPR office in Kyrgyzstan;
Aliya Alisheva, lawyer of the “Civil Initiative of Internet Policy”
Public Foundation;
Alexei Bebinov, IT-specialist of the
“Civil Initiative of Internet Policy” Public Foundation;
Gulnara
Derbisheva,
a deputy of the Jogorku Kenesh of the Kyrgyz
Republic;
Almaz
Esengeldiev,
Senior Advisor, Freedom House;
Maria
Rasner,
director of the Internews Network in Kyrgyzstan;
Tattu Mambetalieva, director of the “Civil Initiative of Internet Policy”
Public Foundation;
Ainura Saliyeva, head of the legal information department of the Ministry of Justice;
Igor
Shestakov,
director of the Central Asian office of “Rossiyskaya Gazeta” in Central Asia;
Elmira
Toktogulova,
the editor in chief of the Internet edition “Tazar”;
Media
representatives;
Students of Bishkek universities.
Radislav
Safin
introduced the participants and announced the topic of the roundtable.
Kadyr
Abdraev: Without a legal framework, the executive branch of
power has virtually no mechanisms to regulate the Internet. Nevertheless, the
Ministry of Culture is closely watching the polemic around Internet. We try to
monitor what is happening in the Internet arena in the CIS. We do not always
have full information. We fully understand that today the phenomenon of the Internet
takes a huge place in the life of every person, and sooner or later, our
ministry will have to deal with that phenomenon to a varying extent.
The topic of
today's roundtable is "The Current State of Online Journalism in Kyrgyzstan:
Problems and Development Prospects." Recently, the Institute of Media Representative
conducted a good analysis. It emphasized that online journalism in Kyrgyzstan
is the more independent than other media. Online publications are able to publish all
their materials and enjoy greater freedom of speech. At the same time, the analysis mentions some
very interesting things, like, for instance, the fact that the Internet is
outside legal regulation because there is no legislation, which would regulate
online activities. The mass media are regulated by the law "On the Media,"
which was adopted in 1993. There is also a draft "On the Radio and Television,"
which was signed on 3 June 2008. Today, the amendments and additions to this draft
are being prepared. I think that in the coming months we will have a good law
"On Radio and Television." Then, Kyrgyz radio and television will also be
regulated by the law. To date, the Internet is not regulated. I think that this
is only temporarily, and sooner or later, a law or a regulatory framework will appear.
But I do not think that it would be good if Kyrgyzstan were the first to adopt
the law. With all my respect to the Parliament deputies, Kyrgyzstan is far from
being the most computerized country in the world. I would understand the desire
to adopt legislative acts and introduce a regulation system in this area if 90
percent of our population had computers and the access to the Internet.
Besides, the Internet is also a mailbox, television, and shop. How can one law
embrace all that? For me, it is hard to understand.
These laws
are largely initiated because the websites contain incompetent and obscene
comments, which disturb not only our public activists, but also ordinary
citizens. The comments say much about the culture level of those who comment on
any topic. Should a law concerning the Internet exist? There are many views.
Even here in Kyrgyzstan, many experts say that a law should not regulate the Internet,
because it would immediately limit the freedom of speech. I cannot agree with
this because those obscene comments may not serve as an indicator of freedom of
speech in our country. At the same time, there are those who say that the Internet
should be regulated. As I have mentioned, we conducted a monitor and now, we
have our own opinion on this issue. We believe that online journalism is a mass
medium. So, the Law "On the Media" should regulate online journalism. I do not
know how it will be implemented in reality. Today, in many foreign countries,
interactive television is already a part of reality. Interactive television is
when the audience can be actively involved in a TV program. This is what we
have today at websites, if moderators allow this to happen. I think such
practice should not exist because responsibility for TV programs will fall on
its television company. The same rule should work for the Internet. The
Internet has many dimensions, so it must fall within the scope of many laws.
The terms that are currently used only on the Internet should be legally
introduced in a law or several laws (website, chat, etc.).
To date, our
ministry is beginning its work with the Law "On Radio and Television." And, we
already see a big problem here. Today, many television companies exist on paper
but very few of them can be seen on the screen. If tomorrow, the Ministry of
Culture and Information is responsible for Internet space, and most likely it
will be responsible for the
content part, our ministry will have to work in this area, too. And frankly, we
still cannot imagine how we should do this. We are far from thinking that we
need to take tough measures. I consider the Internet a great benefit. No
self-respecting television company or newspaper would allow obscene words to
appear on its pages. And I believe that the Internet should clean itself up.
Maybe, it would be right not to talk about adopting any laws - by the
legislative or executive branches of government - at the first stage. The most
correct solution today is that online editions develop their own
self-regulatory mechanisms to monitor the content of the comments, which appear
on their websites.
Radislav
Safin: Thank you, Kadyr Adisovich. It was very interesting
to hear your idea about self-regulation. That was the position of the Ministry
of Culture. We would like to suggest the following type of discussion. First,
we will listen to all the speakers and then we will discuss what we have heard.
If there are no objections, let's proceed. Next, I would like to give the floor
to Alisher Mamasaliev, a representative of the legislative branch.
Alisher
Mamasaliev: I must say that the previous speech has been
illustrative. To date, the Ministry's position toward the Internet space is
clear. However, I think that the position of the Ministry could be even
clearer. At least, the prospects and strategies should be more or less marked.
In fact, today, the Internet is getting more powerful; not only in the
information environment but also in social and political life. We are witnesses
of this, at least for the people who are engaged in politics. There are gaps in
the legislative policy regarding the Internet space. Several legal acts exist
but they work within the limits of some departments. For example, the city
administration adopted the regulations concerning the Internet portal on the
work of local government, or there is also a statute on public information
policy.
To date, the
CIS Inter-parliamentary Assembly - an advisory body for development of legislative
drafts - is preparing a draft law concerning the Internet. I will speak on this
a bit later. An analysis of 13 countries and about 130 laws of the CIS
countries has been conducted. I would like to share some of the findings made
by the specialists.
The analysis
showed that the CIS countries are at different stages of development concerning
Internet policy. The commonwealth
countries have no common law regarding the Internet, and the legislation of
some countries does not mention the Internet at all. The lack of legislation
has different consequences for society. In some countries, the lack of
legislation helps the Internet develop without governmental intervention. But
in this case, the attempts to establish governmental control over the Internet
space can become a reality at any stage. In other countries, the lack of
legislation regulating the Internet space, serves as a breeding ground for full
freedom of action for governmental officials. They arbitrarily decide what
should be prohibited and what should be allowed. In this sense, we must
understand that the adoption of a law regarding the Internet is a double-edged
sword. The most effective mechanism for the development of the Internet market in
CIS is its self-regulation as the only way to regulate these relations.
Employees of media holdings support this view. As for my personal view, I
believe that this could be a public-private partnership. It is most often used
in Russia and Kazakhstan now. I think we could discuss it. An important factor
in the Internet development is the state policy regarding Internet because it
depends on existing legislation. For example, if we take Russia, as a party to
the CIS, there is a public-private form of regulation. They established a
non-profit organization "Coordination Center of RU Domain," which provides
technical regulation of the Internet. It is interesting to note that the center
is composed of representatives of public organizations, business structures and
the authorized governmental bodies. I must say that our government's attitude
toward this issue is not clear. In Russia, this authorized body has a veto
power, but, as the practice has shown, they have never used it. Everything
works on the consensus basis. In this regard, I think the experience of the
Russian Federation would be interesting for us.
Regarding
the draft law, which is being developed by the Inter-parliamentary Assembly of
CIS countries, I would like to say that this model law establishes a common
principle of regulation of legal relationships arising in the use of the
Internet. This is the second challenge - the harmonization and regulation of
these relationships in the Internet space and improvement of national legislation
concerning the Internet. Which aspects could touch the law? First of all, it is
the protection of consumer rights. There are new infrastructures and actors in the
market of Kyrgyzstan, such as sellers and paying via the Internet and credit
cards. The new draft law on the protection of consumer rights contains some
articles about the Internet. Next, is the right to information. Everyone has the
right to access information and to the protection of personal data. Other
aspects here are online trade, spam, the Law "On Advertising", online casino,
copyright, computer crimes, Internet access, the Law "On Access to Communications
and Telecommunications", domain names and registration rights. If the law does
not apply to legal relationship concerning the freedom of access, information
security and protection of intellectual property, then the basis for legal
relationship should be the legal facts, emerging in the Internet space, not the
Internet itself.
This draft,
with members of the party "Ak Zhol" among its initiators, was introduced to the
committee of the Jogorku Kenesh. Finally, I would like to say that the position
of the Ministry of Culture today is unclear. They do not know themselves whether
they have a right to regulate this issue. They could have been, at least, one
of the initiators of the project on the Internet space. I think that the Ministry
should have a clearer position. Thank you.
Radislav
Safin: Thanks for your interesting speech. So, we have heard
the views of the Ministry of Culture and of the legislative body. And now, we
would like to know the opinion of the media community. Please, Leila, you have
the floor.
Leila
Saralaeva: Good afternoon. I would call my speech "Optimistic View
of an Active Internet User in Kyrgyzstan." It has been argued that traditional
print media - newspapers, as well as television and radio - do not play the same
role in the world today as they did ten years ago. Internet is becoming a key
factor in the evolution of society. In Kyrgyzstan, online journalism began to
develop about 10 years ago. I can confidently say that the prospects for the online
journalism development in Kyrgyzstan are enormous. To paraphrase a TV hero, who
thirty years ago said that there would be only television everywhere, I believe
that soon there will be only Internet, unless our Parliament members impede it.
I think no one doubts that it is impossible to imagine an ordinary day without
Internet news. Many editors explained lower circulation of newspapers as being
directly correlated to the development of Internet news sites because the Internet
has become the most expeditious, inexpensive and global source of news. One can
list a number of properties of online journalism: relevance, selectivity, large
memory volume, the possibility of archiving, interactivity and multimedia. If
we compare the work of online news agencies with television or newspapers, the
result will be in favor of the Internet. For example, Internet sites contain
optical, text and acoustic programs, making the Internet a multi-functional
mass medium. A journalist, working online, is not dependent on time. He can
post news at any time, day or night, when the event occurs. That is, he is independent
from the working hours of a newspaper staff. The user or the reader can choose
which information to read. Besides, he has a chance to express his view at a
forum, and that is a big advantage. The reader can see in the archive what the
website has already published on the topic, which is impossible on television.
To find some article in a newspaper, one, until recently, had to go to the
library and look through bales of newspapers.
Now television
programs and newspapers have their own Internet sites, which confirm the
assumption of a gradual replacement of other media by the Internet. Internet
sites are the fastest disseminators of news. Let me give an example - the news the
President signed the Constitution. Even if a TV channel wanted to give the news
in a special edition, it would take its staff no less than forty minutes to
prepare it. A newspaper would write about the news, at its best, in the morning
edition. In contrast, online journalists can inform about the news five minutes
after the event, using a cellular phone. Sometimes we prepare "draft" news that
the signing will take place, and then we just give a signal and the information
is posted. For more information, it is sufficient to quote the President's
words, i.e. 10 minutes later we can post more detailed information. Therefore,
journalists of online news agencies compete in speed.
Also I would
like to say something about censorship. It has been argued that Internet sites
in Kyrgyzstan play the role of the opposition media. I personally fully agree
with that statement. Many local Internet sites have good and reliable
informants in various fields. And if there is sensational news, it is posted
with reference to an anonymous source in the official structures. International
news agencies cannot always refer to anonymous sources, while local agencies do
it quite often. Once the information is published with reference to an
anonymous source, the authorities have no other choice but to give official
information on this topic. Perhaps, the authorities would like to hide some
information. As an example, I will mention the killing of our citizen by a U.S.
military in the airport "Manas". The "AKIpress" agency was the first to publish
the news - only one line - with reference to its own source in the Ministry of
Internal Affairs. But as this news became known, other media quickly "picked it
up" and kept on discussing it, and thus it became known in the world community.
In addition, news websites reflect the true face of our state officials.
Previously, state officials were almost like gods, appearing only at press-
conferences or giving interviews only to those journalists who were
particularly close to them. Now, at any Parliament meeting, one may "catch" any
state official and ask him a topical question. Then our state officials demonstrate
their competence. That is why the majority of deputies from the party "Ak Zhol"
hide from journalists. Either they have nothing to say to people, or they are afraid
to say something, which should be kept in secret. Lately, Internet websites
have become the only platform for opposition leaders. The governmental media
increasingly ignore them, which gives them extra charm. At the websites of "24.kg",
"AKIpress", "Bishkek Press Club," one may read many opposition views and
understand that they have no concrete ideas for our country.
There is
official statistics that between 5 to 14 percent of the population in
Kyrgyzstan use the Internet. I agree that it is very little. The main reason is
technical and financial problems. Many online publications conduct a constant
monitoring of readers. I have watched a few surveys and found that the majority
of readers of news Web sites are the people of 25-45 years old. They are mostly
businessmen, civil servants, employees of international organizations,
representatives of the mass media and students. This means that mostly educated
people with high income and from a certain social status read the websites.
Every day, those news websites are visited by up to eight thousand readers. During
a week - up to forty-five thousand. In Kyrgyzstan, there is no newspaper with such
circulation. My personal experience in online journalism is 6 years. Before
that, I had been working for 8 years in a weekly newspaper. I came to the
conclusion that I could not work in the medium, publishing 5-day old news. News
live one day - this is the motto of news agencies. In addition, the agency
"Associated Press" has the following formula for selection of news: We have to "try"
news on any Latin American state - whether it would be interesting for me, as a
reader, if anything similar happens there. Thus, our recent events are not very
topical for the world public opinion. Nevertheless, Kyrgyzstan is still able to
surprise the world.
On this
occasion, I would like to express my opinion about the draft, which the
Parliament members want to adopt, - "On Regulation of the Internet Space." I do
not object some limitations for the sites that promote terrorism, religion,
ethnic strife and pornography. But, trying to restrict the Internet forums, I
think, we throw the baby out with the bathwater. For the Kyrgyz media, it is
very important, as the Internet forums give the opposition media a variety of
views. The role of Internet for the establishment of civil society and
democracy is important. Thank you.
Radislav
Safin: Thank you, Leila. It is hard to disagree with you. Elaborating
your idea, I would like to emphasize that online journalism in Kyrgyzstan today
remains one of the most independent forms of journalism in comparison with
press, television and radio. Representatives of the online media have more
freedom of speech and have a great opportunity to present diverse opinions in
their materials. According to the experts, the media space of the Internet now is
almost the only area where citizens can freely express their views. In this
regard, quite a large number of experts, including representatives of the
media, believe that any legal regulation of the activities of Internet
publications would entail a considerable restriction of freedom of speech.
There are even the assumptions that this will entail a total censorship. The media
community of Kyrgyzstan is sure that, in general, the initiative of the Jogorku
Kenesh deputies poses a threat to online journalism. In this connection, it
seems appropriate to listen to the view of one of the initiators of the
amendments - Alisher Sabirov. Could you tell us what made you propose such an
initiative? Which objectives do you pursue?
Alisher
Sabirov: Thank you very much. It is an honor for me to speak
at the Bishkek Press Club. The previous speaker, Leila Saralaeva, has clearly shown
how journalists should work. She has covered all the major issues, "kicked" the
state authorities and "bit" the deputies from the "Ak Zhol" faction ... I want
to speak as an Internet user, not as a Parliament member. I use the Internet
for my work. For information. I would like to say that the goal of my
initiative is not to limit the work of Internet journalists, not to close the
Internet, but to make sure that online journalists and providers work within
legal frames. Lack of law is a good thing for state officials. The principle of
the rule of law, which the Kyrgyz Constitution mentions, is when officials do
what is permitted by law, rather than by instructions and all kinds of
provisions. Therefore, the lack of a law concerning the Internet is favorable
to them. Maybe, it is also favorable to some journalists, so that they could provide
information and express their opinions. What I am most concerned about is the
appeals to stir up inter-religious hatred, inter-ethnic clashes or the talks
about inter-regional conflicts, especially between North and South, which are
getting more and more topical in Kyrgyzstan, although the Criminal Code contains
the articles that prohibit it. But when law enforcement authorities try to
invite journalists, they say: "On what grounds? I'm not a mass medium. Where is
the Internet in the law? Where is the web domain registered? Who reads this
information?" Such situations are obvious. If you are an Internet user, you can
see that certain Russian websites distribute the manuals about how to kill the
people of Caucasian nationality, how to kill Tajiks, Uzbeks, how to film that
and how to post it on the Internet. Child pornography is also distributed. Are
we supposed to tolerate it and wait until those things appear in our country? This
is the main reason for my initiative.
If we say
that we live in a civilized society, let's introduce a law to regulate those
relationships. Yes, it is difficult. Perhaps, they are not yet regulated anywhere.
But we must take some measures. So, we have created a working group, and in
January-February we will hold a large international conference on the topic
"Internet and the Law." Do we need it or not? The most important thing is no
matter if there is a law or not, the Internet will evolve. Internet journalism
will evolve. But we are civilized people, and journalists must follow the journalistic
ethics. I saw what the journalistic ethic is at the website of the Bishkek
Press Club. I think we should strive for it.
Alisher
Mamasaliev has already spoken on the law. IPA (Inter-Parliamentary Assembly)
developed a model law, and we, as members of the Commonwealth of Independent
States, will adopt this law. This is another argument that the Internet should be
regulated. The second point: you know, on October 10th the heads of the CIS countries signed an
agreement on information security, including the Internet. We
will hold a conference. There will be three major issues. The first issue is
the legal problems of the Internet. Second, is the freedom of speech on the
Internet. Third, is information security. At the moment, we do not consider the
issues of online government, online education, online casinos and trade,
because there are many of them. Once we begin to address these issues, they
become more complicated. Therefore, we are still concentrated on three issues.
I invite all. It will be a very big conference. We will invite about 120
people. I, as one of the organizers, invite all today's roundtable participants
to the conference.
Now I would
like to appeal to journalists, as a user. Journalism is work, and this work is
very important. The easiest thing is to report about some accident or event.
But first, one must understand what consequences this message may cause and how
true it is. More often. our journalists take a report by the Ministry of
Internal Affairs and get the facts from it. And then two or three weeks later
they publish a denial, as it turns out that a militiaman on duty told some name
incorrectly. That happens quite often. Also, from my own experience: journalists
very often ring on my city telephone number or on my cell number and ask for an
interview. I never give telephone interviews. Why? A journalist should work. He
should come and see the reaction of an interviewee. Just sitting in one's
office and calling do not require much effort. I think we must also take this aspect
into account.
There are
different figures on how many Internet users we have in Kyrgyzstan. I think
many will support my suggestion. You know, on March 24 we will begin taking a
census. I think we could suggest the National Statistics Committee to include
the following question in the survey: "Do you use the Internet?" Or "Do you
have an access to Internet?" Then, we will get a real picture on this issue.
I would like
to stress one more time that we do not intend to hamper. Whether we like it or
not, the Internet will evolve. We must do everything possible for the Internet
to develop in a legal space. Thank you.
Radislav
Safin: Thank you. Before we begin the discussion, I would
like to draw your attention to another point, which has not been raised. It is
the internal regulation of the relationship between the Internet and
traditional media. This is rarely discussed, because the executive branch of power
pursues its own interests, while the legislative branch pursues its own ones.
What remains for the representatives of Internet publications? Today, there is
a situation when all the most interesting and scandalous materials are in the
hands of television and radio programs, or on pages of printed press. The
situation is that Internet-business is becoming a business of traditional mass media,
i.e. an Internet edition cannot make money and build its own business, because
all its materials are reprinted. Internet media are unable to influence the
policies of traditional media. In this context, there is a need for either a
legislative mechanism to regulate this relationship, or, as suggested by the
representative of the Ministry of Culture, for some internal mechanism. Why does
this happen? Traditional media, first of all, save on journalists. It is easier
to hire one person who would reprint materials, edit and publish them in a
newspaper. Second, this is, of course, trivial - to save on telephone calls.
It's no secret that in order to reach a politician, who is often out of his working
place, a journalist must call on his cell phone. This is extremely costly for
television and radio companies. Third and more importantly, by doing this,
traditional media often try to avoid responsibility for the published material.
So, being engaged in banal reproduction, they make the original source of
information responsible. If there are complaints about a particular
publication, Internet editions will be responsible. It is unlikely that this
will affect those media that reprinted the material. That is what I wanted to
draw your attention to. Because, according to the opinion of representatives of
Internet publications, it is very important. In the arguments between journalists
and legislative branch of power, journalists and the executive branch, we have
lost this idea: how to regulate the relationship between the Internet and
traditional media.
Let's
continue the discussion. As far as I understand, Azamat Tynaev, the editor of
the newspaper "Komsomolskaya Pravda v Kyrgyzstane," has something to say.
Azamat
Tynaev: Thank you, Radislav. First of all, I would agree with
the officials on the need to regulate Internet sites, which are, judging by
their properties, the mass media. If any of you wished to register your own website,
you would register in a statistics body. The big book, which lists all kinds of
activities, contains nothing similar to the Internet activity, even slightly. I
remember when we registered a website, the registering officer desperately
suggested us to find something appropriate by ourselves. We found such a formulation
- "The Provision of Systematic Information." In this regard, of course,
registration of Internet media would become a very easy matter if we agreed on
the criteria. One of those criteria could be a "header" of any site. If the
header says: "Public Political edition," it is simply an electronic version of
a newspaper. And if we see the header "Contacts for Advertisers," everything is
clear, i.e. when people accept advertising, the website works the same way as the
traditional media do.
But today the
word "censorship" was too often heard, and I would like to pay more attention
to this point. Of course, I agree that censorship is necessary; sometimes it
can be very rigid. We are all aware, what level various types of cyber crimes
have reached. But the problem is that in Kyrgyzstan, there is no such thing as
censorship, it is prohibited by the Constitution. We have basic rules of what
people must not do: engage in the incitement of inter-ethnic hatred, call for
the violent overthrow of the regime and similar actions. Even if our
Constitution in any way mentions censorship, we must all follow the Universal
Declaration of Human Rights, which states that everyone has the right to freely
express his views. Of course, when web pages contain obscene words, it is terrible.
But if someone writes those words in huge letters on a fence, it will remain
there until a house committee or employees of the municipal bodies erase it or
paint the fence. First and foremost, we need to understand that the legislative
initiative is explained by the desire of most officials to protect themselves
from any criticism with the help of law. And we need to understand what is
primary. Usually all those obscene words appear as a response to the disclosure
of information about some unpopular government's decisions and actions. There
is another moment: when people do not have an opportunity to speak, it may
continue indefinitely. Where is the guarantee that after this, people would not
go and protest at the main city square?
It is not
the matter of obscene words. The Internet is technically a very advanced thing.
It is possible to accumulate all the comments first in a e-box, inaccessible
for reading, then the editor, removing obscene words or unethical remarks, posts
the text, because, after all, it is the voice of the people. Such work is
performable, technically and physically. For a system administrator is not
difficult. I know this because I myself worked for the Internet sites of "24.kg"
and "Belyi parohod." These sites are leaders in the number of visitors. There
appeared very critical materials on those websites. In that sense, obscene
words should be removed. As for the imposition of any censorship ... I would advise
the draft initiators and developers to act carefully.
Radislav
Safin: From the speech of Alisher Sabirov, we understand
what was the motivation for one of the initiators to introduce of these
amendments. Today, I would like to draw your attention to Ilim Karypbekov, who
is here today as a media representative in Kyrgyzstan. Could you give an
independent assessment of the legal amendments that are presented to the
public? And what risks exist for Internet publications, if they are adopted?
Ilim
Karypbekov: Thank you very much. I greet you all. I am a
member of the working group that is working together with Alisher Sabirov, with
other deputies; we often meet. I would like to note that now there are three
working groups. When we talk about regulation of the Internet space, we must
very well understand that we do not need to regulate the entire Internet space.
To date, there is no clear and concrete draft law. We now consider the
following points. There are many popular news sites, and they are now widely
used. And the owners of these Web sites are responsible for the information
published there. The existing legislation is sufficient to make them answerable.
Actually, they are answerable. I came here after a three-hour interrogation of
the AKIpress chief editor Begaim Usenova, who was interrogated by the financial
police. This once again proves that there is legislation to answer to.
The problem,
however, is the following: There are many comments to the news, there are many
open forums and chat rooms, and there is, indeed, an absolute freedom of speech
at those chat rooms and forums. First, we must understand that freedom of
speech is not an absolute right, but it should be restricted. There was an
example with the fence. If a person writes some terrible words on the fence,
the law might bring him to account, of course, if that person is found. He would
answer for the fact that he disseminated information, even if he was not a mass
medium. Today we speak about who will be responsible for those comments, which
are not edited. That's the problem. Editors of online news sites that have such
forums say that they are responsible only for the news column, and they are not
responsible for the comments. Others turn directly to Alisher Sabirov with a
request to protect them legally. So this is not a unilateral initiative. Parliament
members wonder who would be responsible for it. It is impossible to regulate
all. The issue is that someone should bear responsibility. The working group has
long thought about it and found an acceptable variant, which is going to be proposed.
We propose to make additions and amendments to existing legislation. It would
be a good idea if we bring some definitions there. That is, we need to define what
is "websites, comments and blogs" to protect, at least, journalists and site
owners themselves from liability for the information.
It was said
here that Internet materials are often reprinted. Somebody, more or less
honest, makes references, but most often, nobody makes references and nobody even
asks permission. How should they be protected then? Today, it is impossible to
protect Internet sites, because there is no definition of websites. The
definition is necessary to introduce in legislation. And here comes the second
question. The Kyrgyz Government has also raised this initiative, but they are
interested in another point. They are interested in how to find the IP-addresses
and how the relationship between providers, servers, secondary and tertiary
users should be regulated. There is a second working group, which works on
information security. And there is a third group that keeps on working, despite
the criticism, and we want to preserve it because it is very important. We want
to talk about freedom of speech and the principles of freedom of speech. However,
this issue should be solved in a civilized manner.
Risk is the
following. We are currently working with a group of Parliament deputies.
Alisher Sabirov knows this area very well. We can say that he is an expert here.
There is a great risk when it will be suggested to plenary discussion. It will
be very difficult because more than 80 deputies with different positions will
discuss it. So, there is a risk that the work will be disrupted, control will
be lost, and the bill will become different than we wanted it to be. We hope
that the outcome will be positive because for the first time, the working group
raised the question of self-regulation of the Internet. Now, we are discussing a
possibility to create an institution of self-regulation in that area so that honest
owners of news agencies could make a statement. We want to create a supervisory
board and include Parliament deputies and representatives of the Government there,
so that this body could monitor such things as content and ethics. These points
are being discussed. A working group is open. Many representatives of well-known
Internet sites are in that group, as well as representatives of the Government
and the Parliament (Alisher Sabirov). The bill will be further discussed at the
conference with the participation of our eminent experts and the experts from
foreign countries. Potential opportunities in this area in Kyrgyzstan are also
being discussed.
Azamat
Tynaev: The speech of Ilim has eloquently mentioned that the
government is now looking for a method to identify IP-addresses. As there is a
governmental official here, we would like to appeal to stop this game of
cat-and-mouse. You will never find a perfect protection system. As soon as you
find a good protection way, ten other ways will appear in response. What is IP?
For example, if during my absence Igor Gorbachev writes something and sends
this information somewhere, it will be the same as if someone takes a knife
from your kitchen and stabs any citizen, and you will be responsible for that because
it was your knife. Therefore, let us be reasonable and not resort to any force.
There is simply a vast field for the Internet normalization through civilized
dialogue and the search for real operating mechanisms, which are based on sober
understanding of the situation.
Radislav
Safin: I think Kadyr Adisovich would like to respond to that
statement.
Kadyr
Abdraev: I do not know if I should laugh or cry. You identify
me with the entire government, with the executive branch. As if we, state
officials, use the lack of legal framework and do whatever we want. I represent
the department of Information Policy, and our department does not deal with
these things. I suspect that law enforcement structures are engaged in such
activities, as they are concerned with information security and terrorism.
Perhaps, our position seems unclear for some people; but it is actually quite
clear. I agree with the idea that everything must be within the legal framework,
but I want that legal framework to be normal, which promotes development. There
is no need to regulate the entire Internet. If the Internet is also a shop and a
mail service, the laws, existing in those areas, should regulate each sphere of
the Internet. As for the Internet as a mass medium, we must thoroughly think
over, which definitions should be introduced in which laws, so that law-abiding
citizens could work normally. And as for the obscene words, there are many
people who are disturbed by them.
Ilim
Karypbekov: Yes, a normal person, seeing Internet forums, has
an unpleasant feeling. There is a TV channel "Echo Manasa," and yesterday it showed
the movie "Planet of Apes." They simultaneously showed a chat with messages
sent from mobile phones. I was unpleasantly disturbed when yesterday the
natives of Naryn and Osh called each other monkeys at that chat. That skirmish lasted
the entire movie. I expected the moderators to stop it. But they did not. Of
course, such things will occur. Television today is regulated. As for those
forums, today we raise the question of moderating them to protect website
owners from the people who have IP-addresses at different places of the world so
that the sites would not be responsible for them. They certainly have the right
to write on those sites, but the owners of the domains are responsible for these
forums and chat rooms. Today's legislation is like this.
Radislav
Safin: Even the current legislation allows regulating this
situation.
Ilim
Karypbekov: Absolutely true. Even today, this is happening.
All active news Internet sites are responsible. 24.kg is involved in several legal
proceedings. AKIpress now is leading in the number of such legal proceedings. There
are more than ten of them where AKIpress is involved as a defendant. But
AKIpress says that it is not responsible for the comments. So do other news
sites, which have comments, including the "Diesel," which contains only comments.
The owners of the "Diesel" think that they are not responsible, but under the
law, if someone sues them, they will be held accountable. Of course, this is
wrong. We want to clearly define those points so that these sites are not
closed. Since their closure would have a negative impact on freedom of speech.
But they can and should be regulated. During the last meeting of the working
group, we found a way out. It is very difficult to regulate all online resources.
We have experts in our working group who work in the Internet space. Again, I
say, it seems that we have found a way out that satisfies all parties.
Radislav
Safin: Thanks for the addition. I think it was interesting for
all to hear the views of different structures. Now I would like to turn to
Marat Tokoev, the chairman of the public association "Journalists." What do you
think, are there certain risks to journalists from the legislative point of
view? And, in general, if we deviate from this norm, would it threaten the
freedom of speech and would journalists be more careful in expressing their own
views or interviewing on topical issues?
Marat Tokoev:
Thank you. Now the most complete and objective information can be found only on
the Internet. No newspaper or electronic mass medium in the Republic gave two points
of view on the same event. Now let's take 24.kg: it provides the views of opposing
parties. Internet today is the only area where one may read opposite opinions.
In this sense, the example of Ukraine comes to one's mind. A media specialist,
Kazanzhi, recently said that Ukraine has left us far behind in economic
development and the development of the media. Although in Ukraine, the Internet
is not recognized as a mass medium, readers use the Internet if they want to
get information. More and more Internet publications will open because it is
expensive to open print or electronic media. And in the face of economic
difficulties, it could be one of the methods to provide the population with more
information. On the other hand, the Internet contains a lot of negative
information, but as noted by experts, it can be regulated. Another point is that
there are purely legal and technical issues. I participated in a working group,
preparing for the conference. I am not a lawyer or a technician, but there are
so many problems, without solving which the consensus in the development of the
Internet space is impossible. So, it is necessary to solve many problems. And the
conference's aim is to find what needs to be done. These solutions will take
time but we must go on. The journalist community somewhat adversely accepted
the idea of regulation because this is a new phenomenon. The working group is
now trying to find answers to these questions. As Ilim noted, self-regulation
is the best option because it is better to regulate from the inside than from
outside.
Radislav
Safin: Thank you. Now I would like to give a word to the
journalist Grigory Mikhailov, the representative of the Russian Information
Agency "Regnum."
Grigory
Mikhailov: To get started, I would say the following. First we
need to assess what a new law would bring - benefit or harm. At the moment,
Internet remains more or less free from dense censorship. In nearly 95 out of
100 cases, print media, radio and television give only the leading party line.
Everyone knows the notorious topic of energy. And the reaction of the people is
reflected on the Internet. We have seen in the forums of "Diesel," websites of 24.kg,
AKIpress, VRS and a few others, a variety of views has been published,
including the most negative ones, about what is happening in the Republic. But
we have seen few critical stories and articles on television and in newspapers.
That is one point. At the moment, the Internet remains the only way to read or
write an opinion, which does not coincide with the general view of the leading
political party. Moreover, the Internet, for the most part, is outside the
scope of the legal field, and partly, it prevents some parties concerned to control
it. But there are sites, preaching extremism and similar stuff. Unfortunately,
this often happens uncontrollably. There is a problem with copyright
infringement. It is even a more acute problem than the removal of certain
extremist ideas. Since we have the law on combating extremism, it works well if
one wishes; it may be used to stop the spread of such information. Special law
enforcement services quite easily get IP and other data, using some linkages
among providers.
It was
already mentioned that the bill can be very good but it may be amended. Suppose
a total ban is introduced. Then, perhaps, 24.kg will become 24.kg.com, i.e. it will
move from the domain of "kg" into the commercial "com" and will escape the
jurisdiction of local authorities. At the same time, it will continue to work
as it did before the ban. Of course, one may sue them, but they will register
in Cyprus or in Malta, and then it will be quite difficult.
We see how
the forum "Diesel" successfully copes with the problem of the so-called "trolls,"
i.e. the people who deliberately insult the forum participants. The administration,
guided by certain considerations, cleans out and imposes restrictions on visits
by those people. It is technically easy to adjust what people say in forums. To
do this, one needs to hire more people to read the messages.
With regard
to copyright, I can say the following. In Russia, the situation is very simple.
The newspaper "Vedomosti" filed a lawsuit against the RDC. The court decided
that every stolen news article would cost 28,000 rubles. Given how information
was stolen from "Vedomosti," they got a good compensation. Now, the laws on
Internet in Russia and Kyrgyzstan are quite similar. We have not had any trial
against bloggers. In Russia, they are quite common. I think, at that stage, if you do not want to
read swearwords, do not browse the sites, whose administration is not able to
clean these texts. The best regulator of online media is a visitor himself. We
have a number of sites, which use an extremely offensive language. For example,
one website commented the news very "cheerfully." When there was the murder of
a citizen of Kyrgyzstan at the American base, it was full of appeals to cut and
kill Americans. The same thing I can say about another site. What is happening
there? Do not visit it, do not read it!
At the
moment, I believe, it would be worth to reconsider the issue of copyright, the
issue of consumer rights protection.
And I also
would like to say why journalists ask Parliament members to give interviews by
telephone. Often one or two people work for seven or eight. To save time, both
for a journalist and for you, it is sometimes better to interview by phone or
e-mail. But if someone wants to be interviewed personally, it is his right.
Radislav
Safin: Thank you. Alisher Ahmedovich, taking into account
such a vivid and interesting statement, I would like to ask you a question.
What are the risks if the law is adopted?
Alisher
Sabirov: Whether there is a law concerning the Internet or
not, the Internet will evolve. After all the speeches, I am more confident in
that. Of course, we can talk about risks, but they must be clearly justified. Still,
I think that all online editions should work within the legal space.
Unfortunately, I have a board meeting now, and I have to leave you.
Grigory
Mikhailov: Not long ago, the deputies adopted, and the President
signed, the Law "On Television and Radio Broadcasting." For some strange
reason, it has hadno effect. Why? Because according to it, fifty percent of the
content of any broadcasting company should be given to local news. The law was
adopted despite numerous protests by experts. It passed through all the
agencies, but it turned out that it does not work.
Kadyr
Abdraev: We are precisely dealing with this issue. And my
personal position, as a citizen, is that it does not make any sense to adopt a
separate law on the Internet now. Your example just confirms it. Although the
draft that was prepared by of our ministry failed, the deputies adopted their
own law. The mistake was that, when developing that law, Parliament members did
not consult with professionals from radio and television and those working in
this field. There are lawyers, but it is desirable that providers themselves
were involved too. Just two days ago providers said: "We will work as always,
and we will find many ways to avoid your rules. This law would hit Internet
cafes, not the major providers." And they are right. To ensure an effective law,
we should primarily involve the professionals.
Radislav
Safin: Before today's roundtable, I had several interviews
with deputies of the Jogorku Kenesh and media experts. Based on these
conversations, I had a feeling that no matter what, the law will be adopted. The
question is not if we need this law or not. The question is what the media
community needs to do so that it could work in accordance with this law and
with minimal harm. On that issue, Alisher Mamasaliev would like to give some
advice to the representatives of the media.
Alisher
Mamasaliev: Dear colleagues, I would like to move into a
more practical direction. Whether we like it or not, this law will be adopted.
As I said, the CIS Inter-parliamentary Assembly is developing a modular draft
law. We are members of the CIS, and we will be recommended that our law should
be harmonized with the laws of other CIS member states. In this regard, I would
recommend considering the experience of the Russian Federation. There is a
public-private partnership. There are public technical organizations that regulate
the "ru" domain. I think that there is the same organization that regulates the
"kg" domain. It is necessary to turn from an object into a subject of the
information field, because, as journalists noted, the bill may, after the
second reading, change some articles. I would recommend you to create a public
body, which would lobby your interests. Personally, I am interested in an independent
and objective Internet space, and, for my part, I am ready to help.
Azamat
Tynaev: I would like to warn against a possible option. Even
if the bill is adopted in the same form as its developers wanted it to be, let
us not forget that all this is a further tool for the judiciary. What awaits us
there? I bring an example from our practice when a former ombudsman Tursunbai
Bakir uulu sued us. By the way, "Komsomolskaya Pravda" exists not only in
printed form but also in electronic version. The electronic version has the
same content that is published in the newspaper. But there is no possibility to
leave comments. So, we must take into account that this problem does not affect
all. But the site 24.kg was engaged as a defendant. This is a proof of Ilim
Karypbekov's words that even without this law, our online editions bear
responsibility. The prospects of the trial were quite alarming for us. But an interesting
thing happened. A term of office of Tursunbay Bakir uulu had finished, and
Tursunbek Akun became a new Ombudsman, against whom the lawsuit had been originally
initiated. So the picture changed. Endless litigations that took a lot of time
and brought a lot of trouble finally finished.
If the media
violates something, it must answer for that, and, in principle, journalists are
ready to do so because it is part of their profession. But when the media acts
as co-defendants, here legislators must think thoroughly about the bill,
because the media play an intermediary role in the public debate. A similar
debate took place between Tursunbai Bakir uulu and Alisher Mamasaliev. Two
deputies argued with one another, which then led a lawsuit against one of them.
The media often becomes a scapegoat. I am speaking in defense of my colleagues,
because journalists do not use swearwords, for example. Here we have a lot of
young people, and I address this to you. We are talking now about the comments to
articles of some journalists, which are left by visitors like you. A journalist,
after working the whole day, is too tired to browse the Internet. The people
who sit in their offices often do this. By the way, among them there are many
officials who use it as a tool to fight with their rivals.
Bektur
Iskender: I am the chief editor of the portal kloop.kg. Our website
may be affected by the bill. The fact is that our site, besides news prepared
by journalists, contains also a blog platform. In other words, any user can
open his own website on our website. And there are already 420 blogs. It is
important for us that if the bill is adopted, we, as the founders of the entire
portal, should not be held accountable for the actions of bloggers. As we will
have to answer for the actions of many people, this is not what we would like
to do in the future. Therefore, while I believe that regulation of the Internet
is important, we need to approach it very carefully so that, first, there would
not be total control by the state. Second, website owners should not bear all
the responsibility for what users write. It could lead to arbitrariness by moderators
in some cases. For example, the "Diesel" had some problems with this. Last year
my publications were prohibited five times there, because somebody thought that
I advertised my site too much. There are lots of nuances here.
There is
another problem, which has hardly been mentioned.. It is the inaccessibility of
the website Livejournal.com in Kyrgyzstan. Some providers make it partially accessible.
Since 7 October it has been not accessible to most providers in Kyrgyzstan, and
for two weeks it was not accessible at all. Most probably, "Kazahtelekom"
blocked it. It means that, in addition to the fact that online journalism can face
legal problems, we need to solve also a problem with Internet sovereignty, so
that the neighboring country, from which we depend technically, would not block
some sites for users in Kyrgyzstan. Unfortunately, it has already happened,
while the "Live journal" is an important segment of the Internet in Kyrgyzstan;
it has about 300 users who write in their blogs.
Leila
Saralaeva: I have just one suggestion. The problem is that when
I came to this roundtable, I had an optimistic view on the development of
online journalism. But after the speeches of our Parliament and government members,
I have a feeling that the bill is a restriction of freedom of speech and a
source of pressure on the media. I understand it from your words. So, it will
be yet another enactment of a law in Kyrgyz manner: the bill is discussed in
length but, as a result, it becomes adopted in the form, in which they wanted
to adopt it, because the majority of parliament members are from the ruling
party. Those, who lobby this law, do so in order to restrict the freedom of
speech, because the only area that so far lies beyond their games is the online
space.
Alisher
Mamasaliev: Leyla, I fully agree with you that lobbying can
happen. Therefore, I urge you to become a subject, not an object. You should
create a lobbying body, which would not only react and evaluate the bill but
also influence it.
Radislav
Safin: I would like to conclude by saying that everyone here
would be extremely happy if they knew that the Ministry of Culture and the
initiative group of the Jogorku Kenesh have the same sympathetic attitude
towards online publications, as the representatives of those bodies, who spoke
today, have.
I thank all
participants in the Roundtable for interesting discussion.
Is he referring to a conference that
happened in the past or will happen in the future... the switch from past tense
to the future is too abrupt here.