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To involve international experts in the work on the draft law on media
Baku/17.12.21/Turan: The bill "On Media" adopted by the Azerbaijani Parliament in the first reading does not comply with the provisions of the European Convention. Therefore, it should be reworked with due regard for views of Azerbaijani civil society and experts of international organizations. This is stated in the appeal to the Milli Majlis of a group of prominent representatives of Azerbaijani civil society.
If the Parliament adopts a new bill on media in its current form, then the existing legal acts in this area - the laws on mass media and on television and radio broadcasting will lose their force.
"Unfortunately, the adoption of the new law is made without studying relevant standards and expert opinions of the Council of Europe and the OSCE, of which Azerbaijan is a member," the appeal says.
Since Azerbaijan's accession to the Council of Europe, serious changes have been made to the media legislation. So, in 2006, a new law "On Television and Radio Broadcasting" was adopted in line with the standards of the Council of Europe.
In 2005, the Law on Access to Information was adopted, which reflects the obligations to the Council of Europe.
The development and adoption of these laws and amendments were carried out with the active participation of local experts, as well as specialists of the Council of Europe and the OSCE.
"Unfortunately, the current initiative to adopt the bill "On Media" was submitted to the Milli Majlis without preliminary public discussions, as well as studying international standards. Thus, the existing Law on Access to Information (requiring the publication of draft laws a month before the discussions) and international agreements were not observed," the appeal says.
Thus, a law regulating freedom of expression and media activities must be adopted with due regard for views of interested parties, undergo lengthy public debates and bring national legislation into line with the practice of the Council of Europe.
"Our initial assessment shows that there are serious discrepancies between the provisions of the draft law on media and international agreements to which Azerbaijan is a party, in particular, the principles of the European Convention on Human Rights, which guarantees the right to freedom of expression and the media. All this threatens the protection of freedom of speech and the free functioning of the media in the country," the appeal says.
Activists call for suspending the discussion of the bill in parliament and creating a new working group with the involvement of international experts.
"Based on the experience of the past years, we consider it necessary to study the proposals of international organizations, in particular experts of the Venice Commission of the Council of Europe and the OSCE Office for Democratic Institutions and Human Rights," reads the conclusion of the appeal signed by the head of the Media Rights Group Khalid Agaliyev, director of the Center for Election Monitoring and Democracy Education Anar Mammadli and head of the Civil Rights Institute Bashir Suleymanli.—06D-
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