The ADDRESS of journalists, mass media management, non-governmental public organizations of Kazakhstan to deputies of the Parliament of the Republic of Kazakhstan

We, representatives of mass media in Kazakhstan, Kazakhstani and international public organizations, appeal to deputies of the parliament with request to decline suggested by the government Draft-law on amendments <http://www.internews.kz/rus/law/law/law2600.htm> to “Law on mass media”. (Decree of the government of the Republic of Kazakhstan of October 31, 2000 on draft-law of the Republic of Kazakhstan “On bringing in changes and additions to law of the Republic of Kazakhstan “On mass media”).

Analysis of the draft-law regulations provides grounds to think that it was prepared without participation of community and representatives of mass media and consideration of constitutional and legislative base, international and local practice in the informational sphere.

All innovations suggested by the draft-law may be classified into three groups:

3. Instructive norms

First group of suggestions cannot be approved due to the fact that it clearly does not take into account various types of web-cites (Internet pages), goes beyond limits of law «On mass media” <http://www.internews.kz/rus/law/law/law1700.htm> and is not possible in terms of technical execution. Amendment suggested by the ministry transfers all Internet cites to section of mass media, independent from goals of their creation, including service, personal, commercial, public and other web pages. Establishment of relations of full dependency of web page creators from will of ministry officials will create additional possibilities for abuse, corruption, bribery in the sphere of informatization, will violate generally accepted world norms of freedom of access to information. It seems like the given issues need further work, joining of Kazakhstan to corresponding international conventions and agreements, more likely can be solved only within the framework of a separate law.

Second group cannot be approved due to the fact that it contradicts to the Article 20 <http://www.internews.kz/rus/law/constitution/index.htm> of the Constitution of the RK on right of citizens for freedom of receipt and dissemination of information by any legal methods, as well as international obligation of Kazakhstan in the informational sphere. In addition it does not correspond to norms of the functioning law, including corresponding articles of the Code of Criminal procedures, Code of Administrative Violations of law, Code of Civil procedures and the article 26 <http://www.internews.kz/rus/law/law/law1726.htm> of law “On mass media’’. A mass medium cannot bear responsibility for recording public events or for repetition of information on its pages published (disseminated) in other sources, if there is a corresponding reference to this source or author.

Third group of suggestions, in our opinion, also cannot be approved due to the fact that it was almost entirely, with few exceptions, transferred from registration normative act - Regulations on mass media registration <http://www.internews.kz/rus/law/resolution/resolut1300.htm>, which litters the law, complicates its comprehension, decreases its legal force, and, in leisurely fashion changes character of mass media registration from registration to permission.

Suggestion to limit volume of television and radio broadcasts of foreign mass media (with force of set practice, first of all Russian) by 20 percent from the total volume of broadcasts, on the pretext of supporting local television and radio broadcasters, provokes alarm. Such “concern” equals murder with humane motives, “in order to stop patient’s suffering”. Today majority of regional non-state television and radio companies of Kazakhstan are trying to survive and produce their own broadcasts mainly thanks to advertisement on retransmitted broadcasts of Russian television and radio channels. Its legislative limitation up to 20 percent will lead destruction local television and radio broadcasters rather than their blossoming. It is naпve to think that this way Kazakhstani television companies will be stimulated towards featuring Kazakhstani products in their ether: films, cartoons, video clips and etc. Limitation in retransmission will force Kazakhstani stations to buy the same American, European or Russian programming, but for much more money. And changes in law will lead to the opposite effect - our broadcasters’ money will promote financial prosperity and development of foreign producers of films and broadcasts to the greater extent.

Moreover, this proposal contradicts to the Agreement between the government of the RK and the government of the Russian Federation “On cooperation in sphere of information”, which was signed on December 23 1998 in Astana City and entered into legal force in July of 1999, its articles 1, 2 and 5 read:

If the government is really, not declaratively concerned with development of local mass media, it has to undertake real active measures for their support, as it was done, for instance, in Russia, where as long ago as five years ago Federal law «On state support of mass media and book publishing of Russian federation » <http://www.internews.ru/books/redbook/11.html> was approved. In 1996 by the Decree of the customs committee Russian mass media were relieved from paying customs taxes and Value Added Tax, according to instruction of State Tax Service introduced tax privileges for mass media and book products and etc.

The operating law «On mass media» <http://www.internews.kz/rus/law/law/law2000.htm> today, which mostly repeated previous law «On press» <http://www.internews.kz/rus/law/law/law0100.htm> during the period of “revival” of democracy, undoubtedly, does need further improving.

So, for instance, it should:

- answer the question of priority of national legislation or international agreements and treaties, signed by Kazakhstan in the informational sphere;

- outline perspectives of development of local market of informational services, define prevention measures of its monopolization;

- provide definition of such topical notions, as opinions and views, information and facts, informational space and territory of dissemination, information important to the public, accreditation, pornography, sensuality, influence on court and etc.;

- consolidate obligation of state agencies and institutions, their official individuals, organizations, independent from forms of property, unhindered presentation to mass media of information important to the public and unacceptability of its concealment;

- provide answers to many other questions and challenges, dictated by the present time.

Instead of actually stimulating development of local television and radio, again the Government is proposing a draft-law, which in fact limits constitutional principle of freedom of speech, right of citizens and community for free receipt and dissemination of information by any legal method and hinders the development of local mass media market.

We, owners and managers of mass media of Kazakhstan, journalists, members of nongovernmental public organizations, appeal to deputies of Mazhilis of the Parliament with the following proposals:

- to decline the suggested draft-law;

- to cancel Value Added Tax for electronic mass media and lower payment for radio frequencies;

- to remove customs tax for imported equipment, used for transmission and production of television and radio programs, equipment, paper and other materials, used for production of printed mass media;

- to consolidate legislative participation of independent stations in execution of state orders on production of broadcasts;

- to create a working group with participation of mass media and public organizations representatives to work out a draft-law on amendments to law on mass media, taking into account international standards in the sphere of freedom of speech and providing real support to local mass media.

- to work out a system of tax and other privileges for producers and broadcasters of programs in state language, which will be the only and rational method of stimulating increase of broadcasting volume in Kazakh language.

• Tamara Kaleyeva, president of the international foundation for protection of freedom of speech “Adil soz”

• Oleg Katsiyev, director of the representative office of the international public organization “Internews”

• Mirbulat Kunbayev, director of the television company RIKA-TV, Aktyubinsk City

• Armanzhan Baitasov, president of the television company Channel 31, Almaty City

• Valentina Kulikova, director of the television company “Otyrar”, Shymkent City

• Omarbek Baiwakov, director of the television and radio company TVK-6, Semipalatinsk City

• Nikolai Zverkov, director of the television and radio company “Alau”, Kostanai City

• Aleksandr Zharkov, director of the television companies “Adan”, Karaganda City and Channel 29, Temirtau City

• Omarbek Baizakov, executive director of the television company КТV-5, Ust-Kamenogorsk

• Kairat Zhantikin, journalist, coordinator of the program “Supporting mass media” of the Foundation Soros-Kazakhstan

• Zulfiya Arefiyeva, director ГСТВ "Accent", Lisakovsk City

• Marina Mihailovna SOLOVIYEVA, director of the limited responsibility partnership “TRK”MARINA”

• Sergei Mirolyubov, chief editor of the newspaper "Tvoi shans", Kostanai City

• Yevgeniy Shibarshin, chief editor of the newspaper "Tvoi shans”, Rudnyi City

• Victor Shartsev, director of the "Publishing house of Kostanai City", chief editor of the newspaper "Tvoi shans TV", Kostanai City

• Aigul Omarova, journalist (Internet-newspaper NAVIGATOR)

• Dzhanibek Suleyev, journalist (Internet-newspaper NAVIGATOR)

• Yuriy Mizinov, chief editor (Internet-newspaper NAVIGATOR)

• Yevgeniy Cherkashin, chief editor of the newspaper “Ustinka plus”, Ust-Kamenogorsk

• Irek Bikkinin, editor “Tatars’ newspaper”, Saransk City, Mordoviya

• Nina Savitskaya, chief editor «Biz - mi», Almaty City

• Yevgeniy Chudesh, president of "BIS”, Almaty City

• Yevgeniy Zhovtis, director of human rights and compliance with legality bureau of Kazakhstan

• Zhemis Turmagambetova, deputy director of human rights and compliance with legality bureau of Kazakhstan

• Olga Babiy, press-secretary of “Otan” Party

• Rozlana Taukina, president of Association of independent mass media of Central Asia

• Bakhytzhamal Bekturganova, president of Association of sociologists and political scientists of Kazakhstan

• Valeriya Marchenko, independent journalist

• Ramazan Yesergepov, chief editor of the newspaper “Nachnem s ponedelnika”, Almaty City

• Sergei Zlotniov, chief editor of the magazine “Law reform in Kazakhstan"

• Andrei Kratenko, journalist of the newspaper “Express K”, “Vremya”

• Ageyenko Andrei, director of the television company of Ekibastuz City

• Halikov Ravil, director of “Labris TV Plus”, Ekibastuz City

• Marina Zaidullina, journalist

• Lyubov Dobrota, journalist

• Tamara Aushahmetova, journalist

• Irina Barmankulova, producer “Gala TV”

• Yuriy Shavkun, Anatoliy Valuyskiy, cameramen

• Yelena Malygina, journalists “KTK”

• Larisa Akchulakova, director “KTK”

• Yelena Akchuriona, editor of the newspaper “Diapozon”, Aktobe City

• Marina Vasiliyeva, editor of the information radio service “Rifma”, Aktobe City

• Sergei Stepanov, editor of the newspaper “Arguments and facts. Kazakhstan”

• Lyudmila Stepenko, editor of the newspaper “Arguments and facts. Almaty”

• Galina Omarova, editor “NS radio”

• Aleksandr Polyakov, manager of the Public Foundation “XXI century”

• Z. AREPHIYEVA, director of ГСТВ “Accent”(Lisakovsk City)

• S. YERMOLAYEV, television company “Accent” (Lisakovsk City)

• I. ROGOVA, television and radio company “Ispat Sphera” (Temirtau City)

• A. HLOPUHOV, television company “TV-29” (Temirtau City)

• G. KRASNIKOV, Public association “Journalists of Astana City”

• G. KURBANBAYEVA, Association of entrepreneurs of Karaganda region

• Olga Didenko, director of the Center of legal assistance to mass media (Karaganda City)

• D. Klebanova, president of the television company “Rahat” (Almaty City), as well as 89 employees of the television company “Rahat”

• M. Zhuikova, “Zhezgazganskaya pravda”

• V. Gavrilko, “Va-bank” (Petropavlovsk City)

• S. Tereshenko, “Novyi vestnik” (Karaganda City)

• L. Ekzarhova, NTK (Karaganda City)

• I. Saveliyeva, the newspaper “Epicenter” (Astana City)

• A. Tyumenev, “Vechernyaya gazeta” (Karaganda, Temirtau Cities)

• Yeslyamova Tamara, chief editor of the newspaper “Nadezhda” (Uralsk City)

• Sergei Yevtushenko, personal correspondent of the newspaper “Express K” (Uralsk City)

• Yaroslav Kulik, chief secretary of the newspaper “Nadezhda” (Uralsk City)

• Yekaterina Makeyeva, correspondent of the newspaper “Nadezhda”, deputy of the city Maslikhat (Uralsk City)

• Sergei Ablayev, correspondent of the newspaper “Talap” (Uralsk City)

• Yuriy Bayev, chief editor of the newspaper “Talap” Uralsk City) Tel: 51-50-46

• Galina Dyrdina, corespondent of the newspaper Talap” (Uralsk City)

• Nataliya Smirnova, correspondent of the newspaper “Priuraliye” (Uralsk City)

• Dulat Abish, vice-president of the national press club, president of the publishing house “Aigak” (Shymkent City)

• Aleksei Goncharov, personal correspondent of “Interfax-Kazakhstan”, “Express K”, “Panorama” in south region of Kazakhstan

• Marat Dovesov, director of the branch of human rights and compliance with legality bureau of Kazakhstan in south region of Kazakhstan

• Yerkin Dosymbei, deputy editor of the newspaper “Aigak” (Shymkent City)

• Vladimir Shahov, editor of the newspapers “Riamst”, “Kolesa-Sh” (Shymkent City)

• Aidar Isakov, correspondent of the radio company “YUMAKS-radio” (Shymkent City)

• Aigul Kaparova, journalist of the regional television company (Shymkent City)

• Yelena Yeniseyeva, correspondent of the newspapers “Kazakhstan today”, “Republic”

• Bakdaulet Tulegen, correspondent of the newspaper “Aigak”, (Shymkent City)

• Sagindyk Kopesov, vice-president of the agency “Aigak”

• Koshkar Kalybai, chief editor of the newspaper “Aigak-Express” (Shymkent City)

• Sabyr Kairhanov, chief editor of the newspaper “Ak Zhayik” (Atyrau City)

• Mihail Palichev, deputy chief editor of the newspaper “Ak Zhayik”, Atyrau City

• Artur Shahnazaryan, correspondent of the newspaper “Ak Zhayik”, Atyrau City

• Viktoriya Li, columnist of the newspaper “Ak Zhayik”, Atyrau City

• Azamat Maitanov, correspondent of the newspaper “Ak Zhayik”, Atyrau City

• Rustam Bekmuhambetov, photocorrespondent of the newspaper “Ak Zhayik”, Atyrau City

• Isatay Balmagambetov, chief editor of Kazakh version of the newspaper “Ak Zhayik”, Atyrau City

• Amangeldy Imanov, correspondent of the newspaper “Ak Zhayik”, Atyrau City

• Zulfiya Iskaliyeva, correspondent of the newspaper “Ak Zhayik”, Atyrau City

• Baurzhan Yeskabyl, correspondent of the newspaper “Ak Zhayik”, Atyrau City

• Sergei Duvanov, editor of the bulletin “Human rights in Kazakhstan and world at large”, Almaty City

• Nataliya Steblyuk, film director, Almaty City

• Igor Shahnovich, chief editor of the newspaper “Express K” - on behalf of the editorial staff (80 people)

• Bigeldy Gabdullin, chief editor of the newspaper “ХХI century” - on behalf of the editorial staff (10 people)

• Sergei Leskovskiy, editor of the newspaper “Megalopolis”

• Aleksei Pugayev, independent journalist

• Igor Cherepanov, correspondent of ITAR-TASS

• Oleg Chervinskiy, editor of the newspaper “Novoye pokoleniye” (Almaty City)

• Andrei Gubenko, columnist “Novoye pokoleniye”

• Galina Galkina, columnist “Novoye pokoleniye”

• Olga Malahova, columnist “Novoye pokoleniye”

• Svetlana Gribanova, correspondent “Novoye pokoleniye”

• Olga Medvedeva, correspondent “Novoye pokoleniye”

• Vyacheslav Savin, lawyer “Novoye pokoleniye”

• Irina Pilguk, columnist “Novoye pokoleniye”

• Aleksandr Novikov, chief editor of the newspaper “News of the week” - on behalf of the staff (11 people)

• Yerlan Akmurzin, editor of the newspaper “Azamat times” (Astana City) - on behalf of the staff (8 people)

• Gulzhan Yergaliyeva, independent journalist

• Viktor Gerber, chief editor of the newspaper “Evrika” (Aktobe City)

• Galina Vybornova, personal correspondent of the newspapers “Express K” and “Karavan” in Zhambyl region

• Vyacheslav Lebedev, personal correspondent “Kazakhstanskaya pravda”, editor of the newspaper “Magnoliya” (Taraz City)

• Gulzhan Asanova, correspondent of the regional newspaper “Znamya truda” and personal correspondent of the agency “Kazakhstan today” (Taraz City)

• Indira Batasheva, editor of the newspaper “Novyi region” (Zhambyl region)

• Lira Baiseitova, chief editor of the republican public-political newspaper “Republic-2000”