"The problems of imprisoned journalists can be solved, and charges can be dropped within one day"

Traditionally, on the eve of the National Press Day, ASTNA talked about the state of the media and journalists over the past year with an expert on media issues, head of the media rights group Khalid Agaliyev.

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Question: What events have taken place in the media over the past year? What is the most memorable thing about this year in the media sphere? How has the situation with freedom of speech and expression changed over the past year?

Answer: If we approach it from a legal point of view, then there is no need to talk about special changes.  Three years ago, a new law was adopted, in the light of the provisions of which a new legal order is being developed for the media, which, unfortunately, does not promise anything positive from the point of view of the development of media freedom. Media freedom in Azerbaijan is already a problematic area – the media is largely under the control of the government. The new regulation is aimed at further strengthening this control and increasing media dependence.

Unfortunately, since the end of last year, there have been unprecedented attacks on representatives of free media and arrests. These events are the most conspicuous negative trends over the past year.

Question: As you said, it has been a very difficult year for the media. Since November last year, several independent media outlets have been shut down and many journalists have been arrested. What did these media do? Why were they closed? And who are these arrested journalists?

Answer: More than 20 journalists are currently under arrest. They are all independent media representatives. “Toplum TV” and “AbzasMedia” have ceased their activities, as their founders and some employees are under arrest, and the rest of the employees are under investigation. The majority agrees with the opinion that the mentioned media tried to act in accordance with the principles that free media should have adhered to. The heads of the media mentioned by us, after holding their employees accountable, were forced to cease their activities, their Internet resources were also attacked, and their video databases were deleted. This is due to journalistic activity, there is no other intelligible explanation for the arrests taking place in this context, and the prosecutions.

Question: What events have occurred in connection with the trials against journalists?

Answer: The legislation still provides for criminal liability for defamation and insults.  This continues to play the role of a deterrent effect. However, these provisions are not strictly applied. But over the past year there have been over 20 such court cases. However, penalties in the form of imprisonment were not applied in these cases. But in general, it should be noted that the courts have not ruled in favor of the latter in any case about journalists over the past year. In none of the complaints filed in connection with violations of the right to access to information, the courts have issued decisions confirming this right. At the same time, the European Court recognized the alleged violations in all its decisions on complaints sent from Azerbaijan about violations of freedom of expression and media.

Question: Has there been any positive shift in the state of media in Azerbaijan this year?

Answer: It is difficult to talk about positive steps towards creating a favorable environment for media activities. If we talk about positive things, it can be noted that, despite all the difficulties, in general, Azerbaijan still managed to maintain the existence of free media, journalism, and continue its activities. There are risks, but internet access is not a problem and so on.

Question: How do you assess the activities of the media agency (Azerbaijan Media Development Agency)? What is the position of media structures that have problems with the media registry?

Answer: The Agency continues to implement new media legislation. The activities of the regulatory body against the background of the new reactionary legislation can be approached in different ways. For example, it can also be said that the agency adheres to a "humanistic" approach to the media. Thus, 5-6 thousand media outlets are registered in Azerbaijan, but only a few hundred of them are included in the media register. According to the new law, the agency can sue all those who remain and demand the termination of their activities. But it doesn't do it. So far, this step has been taken only in relation to a few media outlets. In this sense, we can talk about the "humanism" of this structure.  In general, the agency in its content is a continuation of the structure that preceded it. The creation of both the previous Media Support Fund and the agency was explained by the fact that the media would develop. Media development should include overcoming its dependence, increasing financial sources, and access to advertising revenue. Unfortunately, it is impossible to talk about the presence of at least one of these conditions.  On the contrary, the media has become more dependent on government assistance. And this is not the result of the activities of any structure, but of a general media policy.

Question: What would you suggest to ensure the freedom of imprisoned journalists, to create a free media environment so that no media body or journalist is subjected to harassment and pressure? What steps should the authorities and international organizations take?

Answer:  We currently live in an environment where the problems of imprisoned journalists can be solved and charges can be dropped within a day. But the atmosphere, the practice, the approach is such that the next day more serious events may occur than the current situation. Therefore, systemic problems must be eliminated, and the approach to media must change. But that's not enough. In the current reality, the liberation of media and journalism would be an illusion. The existence of free media in an environment where basic freedoms such as expression, assembly, choice, and belief are problematic is a difficult task. Political institutions, parties, NGOs should be able to function freely, the courts should be fair, business, society should be free so that independent journalism exists, the need to protect it. Without all this, what we have under the name of independent media and journalism will be fragile and imitative.