Minimum Conditions for Freedom of the Media

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Question: Today is World Press Freedom Day. Have there been any developments in the field of press freedom in the last year?

Answer: In my opinion, the situation can be characterized by the saying “things are still there!” There is no need to talk about serious changes - improvement or deterioration. Nothing has changed in this sector in a year. The positive thing is that there are still media and journalists who have retained their freedom, who continue, albeit in a narrow audience, to inform the public.

Question: What do you remember about the past year in the field of media?

Answer: In general, it can be said that the main problems faced by free media in previous years have not been resolved. The media do not have the financial resources to stay afloat. There are no legal mechanisms for its protection or they do not work. Over the past year, physical, psychological, legal pressure on independent journalists, media, and cyber-attacks on them have continued. As for out-of-the-ordinary events, we can note the adoption of the Law “On Media”. The new law significantly changes the legal regulation. Unfortunately, this change is not positive. The new legislation promises only new challenges for the free media and journalists.

Question: As you noted, one of the most memorable events of this year was the adoption and entry into force of the Law on Media. What changes have taken place in the media since the entry into force of this law?

Answer: Unfortunately, in the process of adopting the law, the opinions of local media experts and lawyers were not taken into account. Although international organizations noted that the law does not meet international standards and may create difficulties for independent media and journalists, the law was signed and entered into force. Entry into force of statutory regulations, such as the media registry, takes time, most likely they will come into force in the fall. Then the influence exerted by them will be shown. What is noticeable now is that the institution of media self-regulation, which was already subject to serious problems, is completely out of order, it is being abandoned. All innovations related to the media are placed at the disposal of the structures created, formed and appointed by the state. These structures began to create and apply everything from ethical issues to mechanisms that directly affect editorial policy. This is a serious phenomenon that has a negative impact on media freedom.

Question: How do international organizations assess the situation with the media, freedom of the media in Azerbaijan, as well as the entry into force of the new law?

Answer: If we look for a positive tone in the situation with the freedom of the media, then we can say that there are no serious recessions and deteriorations. Over the past 3-4 years, our place in international indices has not changed much. But if we consider the period of 10 years ago, then every year our positions were lower and lower. It is impossible not to see that we have degraded in order and there is nowhere to retreat further. In reports, indexes and studies assessing the state of media freedom, Azerbaijan has long been an outsider. And, worst of all, there are no real steps to improve the situation. They announce the beginning of activities in this direction, but each time, unfortunately, it does not lead to results. The same applies to the new law “On Media”, which, when adopted, was assured that it would serve to solve problems. However, except for those who introduced the bill and the circles under their control, everyone, both international and local, believes that the law serves not to solve problems, but to exacerbate them.

Question: This year we have witnessed arrests and warnings to journalists. Let's turn to statistics. How many journalists have been arrested and warned this year?

Answer: In 2021, there was not a significant change in the number of incidents involving journalists and media workers. There were 194 such incidents in 2020 and 203 in 2021, including everything from interference in the professional activities of journalists to cyberattacks. The most common type of harassment faced by journalists, bloggers and media workers in Azerbaijan is incidents related to the use of legal or economic mechanisms. This includes lawsuits, obstruction of filming, and failure to respond to requests for information. The growth rate of non-physical attacks or cyber-attacks on media and journalists is noticeable. In 2018, there were 14 such incidents in Azerbaijan, in 2019 - 29, in 2020 - 35, in 2021 - 59. The investigation of incidents against the media and journalists is ineffective. In 2021, there was not a single case of prosecution by law enforcement agencies of those who attacked journalists. Although more than 100 such incidents have been recorded. This trend is typical for previous years as well. Since the end of 2021, a new trend of pressure on the media and journalists has begun in Azerbaijan. In 2017, the Law “On Information, Informatization and Protection of Information” and the Code of Administrative Offenses were amended that could directly affect the activities of the media and journalists, creating wide opportunities for abuse to punish and intimidate journalists. Since December 2021, the above provisions have been applied in more than 10 cases. Critical journalists have also become targets for persecution. In 2021, the practice of sentencing journalists to long terms on dubious charges continued. As a result, at least 5 journalists are currently in detention.

Question: What steps should be taken to make progress in the field of freedom of the media, as well as to improve its activities?

Answer: To a large extent, progress in this area depends on changes in state media policy. Of course, we can often see such steps being taken. But these are all external changes. The media must be free from state control. The state should not develop ethical rules for the media, should not interfere in its editorial policy, should not provide housing. It must enact laws that meet international standards, serve the interests of journalists, protect them and ensure their activities. Without these minimum conditions, getting rid of problems is difficult.