The Ministry of Culture, Information, Sports and Youth Policy of Kyrgzystan prepared a draft resolution of the Cabinet of Ministers on the implementation of the law of ex-deputy Gulshat Asylbaeva «On protection from inaccurate (false) information.» The document has been submitted for public discussion on the website of the Cabinet of Ministers.
The background statement says that this mechanism provides for consideration and suspension of the operation of a website or page on the Internet at the request of citizens and legal entities.
«Adoption of the resolution will determine the measures that will be aimed at the ability of any citizen to defend their rights, as well as honor, dignity and business reputation from the dissemination of inaccurate (false) information on the Internet,» it says.
It is envisaged that an applicant, who considers a publication to be unreliable (false) information, first applies to the owner of the website or page on social media that posted this information, with a request to remove the material.
If the owner of the website or page deletes inaccurate (false) information, then the work of the website or page is resumed.
If the owner of the website or page refuses or violates the deletion time (24 hours), the applicant applies to the regulation and supervision service in the communications industry under the Ministry of Digital Development and asks to suspend the work of the website or page for up to two months.
The following information must be indicated in the application of a citizen or legal entity:
- Surname, name, patronymic — for an individual, full name of the organization — for a legal entity, passport details of the applicant, contact information (telephone or fax numbers, e-mail address, postal address);
- Domain name of the website on the Internet, its network address, link to the page of the website on the Internet, where false information is posted;
- A copy of the refusal or appeal to the owner of the website or page.
A copy of an identity document is to be attached to the application (for an individual), copies of constituent documents, a certificate of state registration — for a legal entity.
In case of detection of incomplete information, inaccuracies or errors in the application, the service has the right to send the applicant a notice of clarification of the information provided within three working days from the date of receipt of the application.
Within ten working days from the date of receipt of the application or the information specified by the applicant, the state agency sends an order to Internet providers to suspend the operation of the website or page for up to two months.
From the moment of receiving the order, Internet providers within three working days suspend the operation of the website or page and immediately notify the authorized state body of the execution of the order.
Access to the information, the website or the page of the website is resumed after two months, subject to the removal of inaccurate (false) information or by a court decision that has entered into force.
If the owner of the website or page has deleted inaccurate (false) information, they send a notification about this to the authorized state body.
The service for regulation and supervision in the communications industry, after receiving the notification, notifies Internet providers within three working days of the resumption of access to the website or page on the Internet.
Upon receipt of the notification, Internet service providers immediately resume access to the website or page and notify the government agency.
The grounds for refusal to consider the application of a citizen or legal entity are:
- Provision by the applicant of incomplete or inaccurate information;
- Non-compliance of the documents submitted by the applicant with the requirements;
- The authorized state body gives a written refusal to the applicant indicating the reason within ten working days.
In case of refusal, the applicant has the right to appeal it in the manner prescribed by the legislation on administrative procedures.
The President of Kyrgyzstan Sadyr Japarov signed the scandalous law of deputy Gulshat Asylbaeva «On protection from inaccurate (false) information» on August 23, 2021.
