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

Court of second instance delays examination of lawsuit of director of Pavlodarski machine-building works Yuriy Savchenko to the newspaper “Novoye vremya” and author of the article “Saint family” Irina Chernikova expecting decision of court on criminal case initiated against Savchenko and administration of the works on lawsuit of one of the workers.

Court in accordance with the article 242 of the civil code of the RK seeking more complete and objective resolution of dispute on protection of honor, dignity and business reputation, is obliged to suspend production on civil case until solution of another case connected with him, examined in civil, criminal court production or administrative order. The court actually did this.

Producing center “Dotsin” (Almaty City)

During the third trial procedure Auezovski district court of Almaty City left lawsuit of head of the cooperative of flat owners to producing center “Dotsin” on protection of honor, dignity and business reputation without examination based on the fact that the plaintiff did not comply with prejudicial order of regulation of the dispute.

Reason for the lawsuit became, as it was noted in the previous monitoring, few stories, made by the limited responsibility partnership “Dotsin”, about poor work of the cooperative of flat owners “Sever”, aired in the program “Communal kitchen” on the television channel “channel 31”.

In terms of disputes on protection of honor, dignity and business reputation the article 143 of the Code of civil procedures of the Republic of Kazakhstan sets mandatory order of preliminary prejudicial settlement. Plaintiff’s non-observance with this order entails in accordance with the article 249 of the Code of civil procedures leaving lawsuit without examination. However, after circumstances, which served as a ground for leaving a lawsuit without examination, are eliminated, interested party has a right to appeal to court again. In this regard, probably it is necessary to note that if a television broadcast is not author's performance on the air and does not fall under action of the article 26 law of the Republic of Kazakhstan “Оn mass media”, containing cases of relief of mass media from the responsibility for distribution of doubtful data, it should also strictly follow laws of genre, just like any printed literary work.

TRC “KarTV-3” (Karaganda City)

Throughout several days in day time and evening time advertising clips of alcoholic production of the company “Semei Su” and “Inter” were aired by the television company “KARTV-3”. The department of culture, the information and the public consent of Karaganda region rendered warning on prohibition of demonstration of advertising alcohol from 6 AM to 11 PM.

TRC “Ispat-Sphera” (Temirtau City)

The judicial board on civil cases of Karaganda regional court examined cassational complaint of citizen Pashin I. A. to television company “Ispat-Sphera” on the lawsuit about recognition of disseminated on the air data as invalid, discrediting honor and dignity of the plaintiff and recovery of moral damage at the rate of 57.000.000 tenge (see monitoring for August). The court of the first instance has not satisfied lawsuit demands.

The decision of court of the first instance is left by definition of the Karaganda regional court without change and the cassational complaint without satisfaction.

Actions of the Department of culture, information of public consent in the first case are completely lawful and justified.

Point 3 of the article 14 of law of the RK “On mass media” contains temporary restrictions of electronic advertising of tobacco and alcoholic products from 6 AM to 11 PM. Concerning printed editions, the specified norm orders to accompany advertising of tobacco and alcoholic products with well distinct text about harm of their use.

In the second case the court of both, the first, and the cassational instance, in our opinion, has was absolutely right when it turned down the lawsuit in connection with unfair advertising as there were no harmful consequences.

“Yuzhnyi Kazakhstan” (Shymkent City)

On September 18 the judge of regional court Kuandykova has rendered a decision on the lawsuit of the company “Kartas-Sh” to the editorial office of the newspaper “Yuzhnyi Kazakhstan” on infringement of copyrights, compensation of financial and moral damage. The judge has satisfied the lawsuit, having obliged the editorial office to pay 20 thousand tenge. The head of the company Oksana Duvanova thinks that this amount is less than determined by legislator in such disputes and is going to make the cassational complaint to the Supreme Court.

In case of infringement of copyrights the court, according to the article 49 of law of the RК “On copyrights and adjacent rights” may apply one of the following measures at the choice of the legal owner to their infringer:

- collecting of income received by an infringer as a result of infringement of copyrights and adjacent rights;

- collecting of compensation at a rate of from 20 up to 50 thousand minimal calculation indicator (740 tenge).

All collected sums, naturally, should be confirmed with appropriate calculations.