Will the Internet TV be licensed?

Baku/18.06.21/Turan: Azerbaijan proposes licensing of Internet TV channels, which will be reflected in the draft law "on media", which will be submitted to the Milli Mejlis for consideration, reported yesterday one of the pro-government media.

According to the same source, the project was developed by the National Council on Television and Radio. With reference to this body, it is argued that in addition to the general requirements for media, two specific requirements are established for Internet television channels: 1) the channel must have its own website and broadcast from this site 2) the minimum broadcasting hours during the day determined by law. The ministry also noted that according to the new bill, the Agency for the Development of Mass Media would register websites and news agencies.

At the request of the Turan agency to the head of the legal department of the NTRC Neymat Javadov, he confirmed that his department had submitted recommendations on changes in the legislation, "however, there is no proposal among them to license Internet TV channels."

In turn, the Agency for Media Development, in response to a similar request to Turan, said that they had no information about the planned licensing of Internet TV.

Nevertheless, a number of experts believe that such a proposal exists and is aimed at controlling the only non-licensed media sphere, which is the Internet media.

So, if Internet TV licensing does happen, what are the implications? Answering this question, the head of the Human Rights Committee of the Milli Mejlis, Zahid Oruj, told Turan that the talks around the new bill "On Mass Media" have been going on for almost a year. In his opinion, it is necessary to organize a broad public discussion on this issue with the participation of the media, Internet TV and bloggers.

“It is clear to everyone that now, when we talk about the media space, we are talking not only about print media and traditional television. This space has expanded significantly, and almost every smartphone owner is a carrier and transmitter of information,” Oruj said. The MP believes that this is "also a security issue" and "it is necessary to study international experience."

The member of the committee stressed a number of strategic requirements in the media legislation of Azerbaijan that must be fulfilled.

“On the one hand, it is necessary to preserve freedom of expression, recognition of the independence of the media, pluralism and the right to do business in this area. At the same time, there is a serious need to create a legal environment for this. In a number of cases, we can talk about mass information terror against Azerbaijan on some Internet TV,” the MP said and added that in the current information realities, it is impossible to prohibit Internet broadcasting.

The MP believes that compromise points should be found on this issue. “But if in advance a number of circles begin to classify this as an attempt to introduce discriminatory norms, it will not benefit the cause. This issue will first be discussed in the Human Rights Committee, and I am sure that representatives of all parties will take part in it. Wide disclosure of the information policy of Azerbaijan today is the most important requirement," Oruj said.

Aziz Oruj, head of the Internet television Channel 13, believes that licensing of Internet television and the requirement for a broadcasting site are aimed at disabling Internet channels. Internet TVs that operate independently will have a problem obtaining a license, he said.

Media expert Khalid Agaliyev noted that the proposed changes to the legislation have been being prepared for a year. “It is obvious that the government, promising progressive reforms in media regulation, is preparing a more reactionary regulatory mechanism than before,” he said.

"The European Convention contains Article 10, which enshrines the right to freedom of expression, and there is the following phrase:" This article does not prevent states from establishing licensing requirements for broadcasting, television and cinematography enterprises. "It seems that legal scholars working on "progressive norms" have taken this sentence literally and think that it is possible to subordinate expression of opinions to a licensing requirement. However, this sentence is purely technical and implies licensing only "exhaustive television and radio resources" broadcasting through frequencies, the number of which is limited. The Internet broadcasting opportunities are unlimited. Therefore, this part of the new draft law is reactionary, infringes on freedom of expression, does not comply with either the constitutional norms of Azerbaijan or the European Convention," Agaliyev further noted.

In his opinion, the new law on mass media should be developed in the course of public discussions.

“For this it is necessary to publish the bill prepared by the authorities. Let civil society prepare and publish an alternative draft. Then both projects should be submitted for examination by the Council of Europe, as was the case with the law “On Access to Information.” Which project will be approved, that should be adopted,” Agaliyev noted. —021B—