Journalists Can Face Problems

Baku / 29.04.17 / Turan: An unprecedented trial started in Azerbaijan - the Ministry of Transport, Communications and High Technologies against several independent and opposition websites. The Ministry appealed to the Sabail District Court with a request to block the broadcasting of the websites meydan.tv, azadliq.info, azadliq.org, and azerbaycansaati.com in the territory of Azerbaijan.

It is noteworthy that some time ago the entrance to these websites was blocked, and Internet users had to use alternative methods to read the information they needed, for example, use proxy servers. The entrance to the websites was blocked on the basis of a letter from the Minister of Transport, Communications and High Technologies Ramin Gurbanov. The letter says that the above websites grossly violated the requirements of the law On Information, Informatization and Security of Information: “Immediately and temporarily restrict access to these resources because they allowed actions aimed at violent change of the constitutional order and violation of public stability, made open calls for the organization of mass riots, promoted the activities of illegal radical religious groups and disseminated other information prohibited by law.” In that case, what is the need to block the websites and apply to a court against those already blocked? What can be the result of the blocking of websites at the state level?

“If the entrance to the Internet sites is blocked on the basis of the appeal of the state bodies, then this is temporary and then the state structures, in this case the Ministry of Transport, Communications and High Technologies, are obliged to apply to the court to prohibit the hosting and IP of the websites,” Turan was told by the lawyer Alesker Mammadli.

“Now this ban is executive and practical, but after the court's decision, it will be legally fixed and will provide for legal liability. Of course, after the prohibition of these Internet resources, they will be accessible through proxy servers, VPNs, etc. However, I think the authorities will create problems for journalists cooperating with these websites. For example, they will refuse to provide information to them. They still do this in practice, but the websites continue to operate. Therefore, the authorities have chosen this path. There are no legal restrictions for journalistic activity in Azerbaijan. Journalists can, within the framework of the law, collect and transmit any information even to websites that are blocked on the territory of the country. The law does not create any problem here. However, I do not think that independent journalists collaborating with the blocked websites will be created problems legally. It is likely in practice. For example, they will be unlawfully refused to provide information. If this is done, it will be illegal,” Mammadli said.

“Signs taken as the basis for blocking sites, such as privacy, dissemination of state secrets, drug propaganda, etc., are reflected in various laws and for them the mechanism of punishment is defined,” the journalist Seymur Kazymly told Turan.

“The laws are for all, not just for journalists. The purpose of additions and changes to the content of two technical laws in March this year was the news sites. Let's say the authorities want to fight against interference in private life, drug propaganda, or the dissemination of state secrets in the media. To do this, there is a professional-ethical code of a journalist. The document reflects the details of the inadmissibility of such actions. The biggest punishment in matters of ethics may be the dismissal of a journalist, and not the blocking of the website,” Kazymly added. -0--