"Over the past year, more than 20 journalists have been prosecuted."

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Question: Khalid bey, we are on the eve of National Press Day. How do you assess what happened in the media this year?

Answer: In general, Azerbaijan lived in the spirit of war for half of the last year, and all other issues were in the background. For a little bit more than half a year, there has not been a major event in the media that you can assess. For several years, there have been certain expectations and hopes that radical changes will take place, steps will be taken to create a favorable environment for the free media. However, these expectations have not yet been met. There is no strategy in the media that expresses how to build the future of the media, nor are there any people who clearly show their determination to develop, introduce, and implement such a strategy. In this context, discussions on media legislation are noteworthy. At least this issue in the media is on the agenda. There are circles that are concerned about the situation, there are opinions and calls aimed at improving the situation. It is another matter whether such opinions and calls will be taken into account. But nothing good will be built without taking into account such calls. In general, unfortunately, I think it is not possible to say that the summary of the last year has created grounds for optimism about the near future.

Question: In general, has there been any positive progress in the situation of the media in Azerbaijan during this year?

Answer: It is very difficult to talk about positive developments if journalists are still prosecuted for defamation and imprisoned, their access to information is denied, laws that protect journalists and the media still do not work, and almost all media depend on government funding. There may be personal successes but there are no stories that could be the subject of positive developments across the country. If we talk about innovations, we can talk about the situation of institutions that are an expression of the government's attention to the media. Apparently, the government has changed the media policy of the last 10 years and decided that something new needs to be done. Significant artificial changes were made, the agency was established, and changes were made in the regulation of television and radio. However, such changes have not gone beyond artificial changes, such as skin changes. The change has no effect on the media environment, which must be free. The change is of individual content, those who received less shares under the previous rulers may now have a wider range of opportunities. This is the general content of the change. Therefore, the situation remains the same, perhaps even worse, and the favorable environment for the media has become more distant from us.

Question: Let's talk about some statistics. What events have taken place during this year related to the violation of freedom of expression, pressure on journalists, silencing of media outlets, and lawsuits against journalists?

Answer: Issues such as criminal liability for defamation, problematic access to information, journalists' access to information at public meetings, and professionalism - there are no changes in these areas. Over the past year, more than 20 journalists have been prosecuted for defamation and insult. Mainly, conditional sentences were imposed on them. However, the application of imprisonment sentences also continues. Two journalists and bloggers were last imprisoned in Mingachevir earlier this year on a complaint from an official for several statements in the context of public debate. However, such statements should not lead to criminal liability. There is a case law on freedom of expression that does not comply with the Constitution and international agreements to which Azerbaijan is a party. Access to information is also problematic. Local courts do not provide adequate legal support to journalists whose information requests are not responded to. In two cases a year, the courts assigned a government agency to respond to information requests. It can be said that the Ombudsman's Office has some positive work in this area. Journalists who gather information about social events still do not feel safe. In one year, there were more than 25 incidents against journalists.

Question: A new media law is being drafted in Azerbaijan. What do you think? Will this new media law change the situation for journalists and the media for the better?

Answer: I do not think that Azerbaijan's media legislation is bad and insufficient. National laws create opportunities for the free operation of the media. Azerbaijan has joined the European Convention, which is also supported by constitutional provisions. That is, the need for drafting a new media law is not so clear to me. What trend does the current legislation have in the field of media that it cannot regulate? Is it about the racketeering of journalists? We have quite strict criminal legislation regulating such acts. Is it about the status of journalists? It does not require special regulation, everyone has a constitutional right to receive, prepare, and disseminate information. Some may see some vague points in this area but the main nuance that can shed light on those points is the existence of a free media environment. Therefore, I do not consider it right to attribute the problems of the media to the inadequacy of legislation. The main thing is that even if it has bad content, the legislation works, and our problems are mostly due to the fact that the laws that apply to the media and journalists do not work. The provision envisaging criminal liability for defamation is applied to 30-40 journalists each year. However, the administrative law, which penalizes an official who fails to provide information to a journalist, and the law on criminal liability for obstructing a journalist's professional activity, have not been applied for almost 25 years. The problem is not in the laws but in the application of the laws to the detriment of the media and journalists. Therefore, it is possible that the initiators will draft the best media law in the world; however, I do not believe that. If the approach remains the same, nothing will change.

Question: What are your suggestions? What steps should Azerbaijan take to protect freedom of expression and media? What can it be done that journalists are not subjected to pressure?

Answer: This is a very difficult question. The main issue is to remove the restrictions. Without freedom, there will be no development or progress. The problem in Azerbaijan is very deep and systematic. It is possible to talk about separate steps but if the system and the approach do not change, they will not have any effect. Systematic initiatives necessary for the establishment of a normal media environment and media freedom in Azerbaijan have been put forward in a timely manner and steps have been taken; however, the government has subordinated these initiatives to its own interests. The establishment of the self-regulatory institution, the Press Council, 15 years ago was a step towards strengthening the support of the media as an institution. The then-powerful media and journalists created the body but later the institution came under the full control of the government. The financial capacity of the media has deteriorated year by year, and the government has taken the initiative to help the sector. The goal was to prevent the destruction of the sector. At that time, the State Support Fund for the Development of Mass Media, which was supposed to take the media out of the quagmire, was established, and as a result, the rest of the media was destroyed. Therefore, it is very difficult to change the situation. A strategy must be developed that covers all the details that keep the media and journalism alive.