The Monitoring of violation of freedom of speech in Kazakhstan in August 2000

The joint-stock company “Almaty yeast works” appealed to the newspaper “Argumenti & fakti. Kazakhstan.” with the claim on recovery of five million tenge. The works believes that it has suffered material and moral damage for the specified amount in result of publication of the article by O. Shevchenko “Bread became dangerous food” The article read about violations in regard to recipe and technologies, which were used by bread-making enterprises, revealed by inspections of “Yuzh Kaz Gos Nadzor”. There was also an opinion expressed about harmfulness of yeast overall. “Argumenti & fakti. Kazakhstan.” Considered the facts to be groundless and in its turn filed counter-claim on protection of honor and dignity for 5 million tenge.

“Argumenti & fakti. Kazakhstan.”

The joint-stock company “Balkhash fish” appealed to the newspaper “Argumenti & fakti. Kazakhstan.” with claim and demanded apologies for publication of collage of I. Logvin to the article M. Yeleusizova “Balkhash still can be rescued”. The collage portrays fishing fleet, open can with two fish skeletons and an inscription “Bream of Balkhash” with background of dried out bottom of the lake. The joint-stock company considered that this collage affected its honor and dignity as the producer of the fish products.

“Komsomolskaya pravda. Kazakhstan”, Lyubov Krasnova

Letter with claim addressed to the general director of the limited responsibility partnership “Komsomolskaya pravda. Kazakhstan” A. Krasner was sent by B. Godunov, regarding the article of L. Krasnova “Kazakhstan has its “own” Putin and its “own“ Godunov”, published on August 11. It included ironic evaluations of the press conference held B. Godunov. Mr. Godunov did not like the article’s tone, which according to his opinion was humiliating. Mr. Godunov, having enumerated his regalia and positions that he occupied in the past and in the present, demanded to publish apologies addressed to him and the entire organizational committee of the press-conference, and also pay compensation for moral damage to the amount of ten million tenge.

Television company ISPAT-SPHERE

(Temirtau City, Karagandinsky region)

Temirtau city court of Karagandinsky region rendered the decision on the lawsuit of Mr. Pashin I. A. to the open joint-stock company “ISPAT-KARMET”, the owner of the television company ISPAT-SPHERE and recovery of moral damage to the amount of 57 million tenge. The plaintiff considered the information disseminated by the defendant in the program “News” of 28.06.2000 and in the program “Events of the week” of 02.07.2000 discrediting his honor and dignity. Video stories commented on the course of trial examination on the previous lawsuit of Mr. Pashin I. A. to the open joint-stock company “Ispat-Karmet. Particularly, authors of the story were asserting the following: “this sort of advertising (advertising of alcoholic beverages) in the ether of our program was placed strictly according to law”, and also “Mr. Pashin submitted tapes with video recordings to the court, recorder allegedly from the ether of our television company”.

According to the decision of the court of first instance satisfaction of lawsuit demands of Mr. Pashin I. A., about recovery of moral damage to the amount fifty seven million tenge, was turned down.

“Novoye vremya” (Pavlodar City)

Administrative management and the director of Pavlodarsky chemical works Skryn A. G. files lawsuits on protection of honor, dignity and business reputation to the newspaper “Novoye vremya” for the number of critical materials regarding collapse of production, which were published on the newspaper pages throughout two years. They evaluated inflicted moral damage to the amount fifteen million tenge. The court of first instance did not accept lawsuit from the administration of the works. The director recalled his lawsuit on his own.

“Novoye vremya”, Tamara Karandashova (Pavlodar City)

Pavlodarsky regional court remitted case on the lawsuit of the director of school-gymnasium #3 Ms. Karimzhanov to the newspaper “Novoye vremya” and journalist Karandashova, for publication of series of articles in the newspaper criticizing pedagogical methods of this school, for further inquiry the forth time.

Freedom of views, opinions and beliefs is guaranteed by the article 20 of the Constitution of the RK and the article 2 of law of the RK “On mass media”, during their dissemination civil legal responsibility does not enter into force and they, in contradistinction to information, are not subject to refutation. No really, is it possible to refute point of view, belief, hyperbole or metaphor, used in the evaluation statement? Obviously, they can be disputed, but they cannot be refuted, because these are not facts.

Television company ISPAT-SPHERE

(Temirtau City, Karagandinsky region)

Temirtau city court of Karagandinsky region rendered the decision on the lawsuit of Mr. Pashin I. A. to the open joint-stock company “ISPAT-KARMET”, the owner of the television company ISPAT-SPHERE. The plaintiff demanded recovery of moral damage, inflicted to him, as regular television viewer, by the television company ISPAT-SPHERE, which numerously violated the article 14 of law of the RK “On mass media”. Let us remind you that the article 14 of law of the RK limits airing time for advertisement alcoholic beverages from 11 PM to 6 AM. Th plaintiff requested to recover from the plaintiff compensation for moral damage to the amount of two hundred and ninety million tenge.

According to the decision of the court of first instance satisfaction of lawsuit demands of Mr. Pashin I. A. was turned down based on the following grounds: “the plaintiff indicates only on the negative impact on children’s psyche, inculcation of positive attitude toward alcoholic beverages into children’s conscience, menace to national security in the future, meaning influence of indicated information on his conscience and sub-conscience multiplies his sufferings and he sees remote consequences of similar negative demoralizing affect of illegal propaganda of alcoholic products on children.

According to law, consequences have to come not in the future, but at the moment of lawsuit examination. Supposed by the plaintiff growth of crime, worsening of quality of education, lowering of intellectual potential of the country are only assumptions.

Paragraph 3 of the article 14 of law of the RK “On mass media” does actually contain time limits of electronic advertisement of tobacco and alcoholic products from 6 AM to 11 PM. In regard to printed editions specified norm directs to accompany advertisement of tobacco and alcoholic products with very distinctive text about damage of their use. The law does not contain any directions regarding size or type of font of an advertisement or warning message. Recently, for instance, lawsuit of cancer patients from one of US states to tobacco companies for fourteen billion US dollars was satisfied. However, this lawsuit was directed towards tobacco companies in particular, which had already inflicted damage and had negative consequences - cancer patients. In our case there are no financially suffered patients. In the framework of the filed lawsuit, we obviously can only talk about moral sufferings of children because of the advertisement. However, the presence of moral sufferings needs yet to be proved. In our opinion, the court’s decision to turn down satisfaction of the plaintiff’s lawsuit demands was absolutely right.

Printed mass media of Aktyubinsk City

Determined disabled pensioner, specializing on lawsuits on protection of honor, dignity and business reputation, according to observations of the newspaper “Vremya” appeared in Aktyubinsk City. Object of his pretensions became puzzles, published in the regional newspapers. “Adil Soz” has already reported about the lawsuit, filed by the pensioner against the newspaper “Novaya provintsiya”, where the answer to a crossword’s question “What is the main nation in Kazakhstan” was “Russians”. Now the court is examining lawsuit in regard to the question “What would be an appropriate name for our pop-star Ms. Apina”. The plaintiff stated that the word “our” insults his honor, dignity and national feelings. Until today one of the three lawsuits, filed by the plaintiff, was satisfied. The compensation amount of moral damage, according to the court’s decision is one thousand tenge. The plaintiff himself is not satisfied by this decision and is planning to submit cassational claim to the regional and Supreme courts. He evaluates his moral damage from one hundred thousand to one million tenge with indispensable closing of the “guilty” newspaper.

The foundation for protection of freedom of speech “Adil Soz” numerously noted cases when lawsuits submitted by improper plaintiffs were satisfied. The person got insulted because under the main nation in Kazakhstan the crossword mentioned Russian, and filed the lawsuit, although his personal non-property rights were not violated at all. It is difficult to imagine and understand overall what kind of relation does the plaintiff have to the epithets “our” or “not our” singer Ms. Apina. Nevertheless, this lawsuit was satisfied according to some criteria.

However, law (the articles 141-146 of the code of civil procedures of the RK) protects personal, meaning belonging to specific legal individual, non-property rights. In particular, the law classifies honor and dignity to personal non-property rights. Moreover, decree of the plenum of the Supreme court of the RK of 18.12.92 #6 explained that: dignity - is an internal self-evaluation of a specific individual of his personal qualities and public importance. But honor - is a public evaluation, also of this specific individual, measure of his spiritual and social qualities.

“Yuzhnyi Kazakhstan”

Hearing of the case on the lawsuit of the company “Kartas-Sh” to the regional newspaper “Yuzhnyi Kazakhstan” began in Shymkentsky city court. Back in April his company filed lawsuit to the newspaper for forty six million tenge for violation of copyright.

Law of the RK “On copyright and adjacent rights” protects copyright. An author or another owner of copyright or adjacent rights has a right to demand in court compliance with them and compensation of all damages, connected with violation of these rights, including recovery of moral damage and missed income.

Mass media of Ust-Kamenogorsk City

With arrival of new owner of hokey team “Torpedo” - open joint-stock company “Kaz zinc” report shootings in the sport palace during hokey games are allowed only for fee.

Photocorrespondents of Karaganda City

None of photocorrespondents of mass media of Karaganda City were allowed to the concert of the groups “Machina vremeni” and “Voskreseniye”, which was held on August 26 in the night club “Fantasy world”. The manager of the club explained to journalists that this was “connected with the fact that photocorrespondents did not have tickets”. Until now common practice supposed free entrance for writing, as well as for shooting journalists and photocorrespondents to all measures, conducted in this nightclub.