The Ministry of Culture, Information, Sports and Youth Policy of Kyrgyzstan suspended the work of Azattyk Media website for two months on October 26, referring to the law of the ex-deputy Gulshat Asylbayeva on protection from inaccurate (false) information. The statement that the decision was illegal was published on the website of Internews representative office in Kyrgyzstan.
According to the press service of the ministry, the reason was a video published on Current Time resource (a TV channel created by Radio Free Europe/Radio Liberty) titled «Heavy fighting on the border of Kyrgyzstan and Tajikistan | ASIA».
«Elements of hate speech, unconfirmed information about the alleged attack by the Kyrgyz side on Tajikistan, information that escalates the situation in society and causes hatred, discrimination and division among citizens when covering events in Batken region was used in the material,» the Ministry of Culture reported.
The statement made by Internews clarifies that Gulshat Asylbayeva’s law contains a clear definition: «inaccurate (false) information is information contained on a website on the Internet or on a page of a website on the Internet that does not correspond to reality, discrediting the honor, dignity and business reputation of another person. There are no notions «contradiction to the national interests of the Kyrgyz Republic», «hate speech», «inflaming the situation», «hatred», «discrimination» in the law.
«There are no grounds for applying the law on protection against inaccurate information. This document regulates only false information that affects the honor, dignity and business reputation of another person. If the report contains elements of any discrimination, then law enforcement agencies can initiate a criminal case under Article 330 «Inciting racial, ethnic, national, religious and interregional hatred (discord)» and conduct an official examination, but do not close the site in any way,» Akmat Alagushev, a lawyer at Media Policy Institute, explained.
Thus, the material, according to lawyers, does not fall under the jurisdiction of the law on protection against false information. There are procedural violations of the application of this document. Therefore, the question of the legality of blocking Azattyk Media remains open.
Director of Bishkek bureau of Azattyk Media, Aizada Kasmalieva, also said that no one had filed a complaint about the material.
That is, officials of the Ministry of Culture independently submitted a letter to Azattyk with a demand to remove the report, after which, having received a refusal, they blocked the website.
President Sadyr Japarov signed the law on protection against inaccurate (false) information initiated by MP Gulshat Asylbayeva on August 23, 2021. The discriminatory document was adopted by the sixth convocation after a meeting with the head of state in violation of all procedures of the regulations. Representatives of the media community and experts have repeatedly stated that the law is directed against independent media. Blocking of the website of Respublika newspaper and the partial blocking of 24.kg news agency website are the proof of this.
