What should be the new law "On Media"?

Baku/07.07.21/Turan: On January 12, President Ilham Aliyev signed a decree on deepening reforms in the media sector in the Republic of Azerbaijan.

Along with other issues, the decree provided for the preparation of a draft Law of the Republic of Azerbaijan “On Media” within two months.

According to officials, the law is ready, but this bill has not yet been presented to the public. The project provides for the issuance of a single journalistic certificate to journalists, the inclusion of media in a single register, according to some reports. This angered independent journalists and bloggers who made statements on the issue. Some experts regard these provisions as another pressure on freedom of speech.

Will the independent experts be involved in the discussing the media bill? How will a single journalistic certificate and inclusion in the register of media organizations affect the activities of independent journalists and bloggers?

The draft law “On Media” prepared by the working group, which includes this structure, will naturally be published after passing the relevant procedures. “At present, a list of regulations is being drawn up, which must be prepared, changed or canceled,” Rustam Ahmedov, the Director of the Department for Work with Media Subjects and Journalists, Media Support Projects of the Media Development Agency (MEDİA), told Turan.

According to the legislation, the draft law “On Media” will be submitted to the Milli Mejlis, included in the agenda and posted on the parliament's website, after which discussing the main provisions and assess the general concept of the draft law will begin.

The bill can be adopted in the first reading or returned for revision, taking into account the proposals, comments and work on it will be continued. “But, unfortunately, I cannot say exactly when the bill will be submitted to the Milli Majlis,” Ahmedov said.

Rustam Ahmedov noted that the Media Development Agency has been discussing the draft law “On Media” for about two months with all media subjects, journalists, specialists and experts in this field. “Currently, all proposals and demands of representatives of the media industry have been registered and are at the stage of generalization. According to the legislation, public hearings and public discussions of bills on behalf of the steering committee should be organized by the apparatus of the Milli Mejlis. If public hearings and public discussions are deemed appropriate, the invited persons will be notified accordingly."

Ahmedov noted that the main information about the media register is in Chapter 8 of the law: “The law states that the media register is created in the Republic of Azerbaijan in order to systematize information about media subjects and their editorial offices, as well as about journalists. The register will consist of sections for audiovisual media, print media, online media, news agencies and journalists. ”

According to the agency's official, information about the subject of audiovisual media will be provided by the media body, conventionally called the audiovisual council in the law. “Subjects of print or online media, news agencies, as well as journalists themselves will apply to the media agency to be included in the media register. The procedure for maintaining the register is determined by MEDİA.

The registry will include the name, logo, legal and actual addresses of the media subject, information about the founder, information about the owner of the domain name of the online media subject, a list of journalists, their labor or civil contract, the frequency and one-time circulation of newspapers, their content and other statistical data".

He stressed that a media subject entered in the media register will be issued a certificate, and journalists - a journalistic certificate.

Ahmedov added that the law defines special requirements for the inclusion of media in the register: “The activities of media subjects must be continuous, if it is a legal entity, then it must be registered in the state register, if it is an individual, then it must be tax-registered as individual entrepreneur".

The representative of the department stressed that journalists must also meet special requirements: “Persons without higher education and

previously convicted, for example, for crimes against public morality, will not be included in the register. At the same time, the journalist must have an employment contract, and the media subject in which he works must be entered in the media register. In addition, it is necessary to have at least three years of work experience in the field of journalism or at least three years of work experience in the field of journalism in scientific and pedagogical educational institutions."

According to Ahmedov, one of the requirements is that journalist must comply with the rules of professional ethics (ethical conduct). The activities of journalists working individually based on copyright must also comply with legal requirements.

Ahmedov noted that media entities and journalists who applied for inclusion in the media register are denied inclusion in the register if they do not meet the requirements. “At the same time, if legal requirements are violated, media entities and journalists included in the media register may be excluded from the register”.

Returning once again to the topic of journalistic certificates, he noted that journalists included in the media register would be issued special journalistic certificates. "This does not mean that a person who has not received a journalistic certificate from a media agency will not be considered a journalist. It is just that this person will only have a certificate provided by his editorial office. In other words, MEDİA will provide journalists with certificates that meet legal standards."

Ahmedov added that the period of validity of the journalistic card is 3 years: “After the expiration of the period of validity of the card, one can get a new one by surrendering the old one. These cards will only be issued to local journalists. Foreign journalists are not issued certificates. They can operate in the Republic of Azerbaijan in the same order after coordination with the Ministry of Foreign Affairs. "

He noted that special benefits and privileges are provided for persons who have been issued a journalist card: “Free visits to museums, galleries and other cultural events and accreditation in state bodies. For example, media and journalists included in the media register, as well as authorized foreign journalists, can access and disseminate media in martial law and emergency zones.

At the same time, those who have a journalist's certificate will be able to take advantage of additional benefits associated with strengthening social protection and improving material security, including soft loans."

The official stressed that the article of the law "Freedom of activity in the field of media" specifically states that the state censorship in the field of media is prohibited in the Republic of Azerbaijan, as well as the creation and financing of state bodies for this purpose:

"Freedom of activity in the field of media means that the state guarantees everyone the right to search, receive, prepare and disseminate information in a legal way. I also draw your attention to the fact that freedom of the media means creative and editorial independence, and this freedom can be limited only in cases established by law”.

He noted that the law specifically sets out the tasks of the state in the field of media: “The state ensures pluralism and freedom of action in the field of media, creates conditions for providing information to citizens, encourages the development of media, and implements incentive measures.

The Article 6 "Ensuring the activities of a journalist" states that all journalists have the right to independence, personal security, protection of honor and dignity in the performance of their professional duty. The law especially emphasizes that illegal interference in the professional activities of journalists, their persecution and pressure is inadmissible. In short, the law "on media" clearly confirms that freedom of activity in the field of media is guaranteed, and the Azerbaijani state is the guarantor of this freedom. "

Media lawyer Khalid Agaliyev said that it is difficult to judge the content of the project without the publication of the full text of the draft law. “In addition, international experts, in particular experts from the Council of Europe, were not involved in the development of the draft, did not ask for comments, and the project remains closed , in itself raises a lot of doubts and deprives of optimism from the point of view of the progressiveness of the law."

The expert noted that until now, in connection with the bill, officials have voiced only three questions. “We know 3 questions on the bill from officials - the subordination of journalists to the rule of a single certificate, licensing of Internet media and the creation of a media register, that is, indirectly, this is a question of the status of journalists. In terms of content, which is obvious, I believe that the approach to each of the three issues is controversial in terms of the concepts of the right to freedom of expression, elements of discrimination are felt."

Referring to the application of the single certificate rule, Khalid Agaliyev said that media and journalism exercise public control over the government's activities: “This rule allows the government to choose its own controllers for its work. Receiving, preparing, disseminating information is not only the right of journalists provided by the Constitution, international treaties in which Azerbaijan acts as a partner, every citizen has this right. The state can take additional measures, such as accreditation, so that journalists can work more efficiently. "

According to him, it is wrong to apply the single certificate rule for creating additional opportunities: "There are editorial offices created in accordance with the law, there is an editorial policy, their certificates should be sufficient to take advantage of the opportunities that the state will create for journalism."

The expert, who does not consider licensing of Internet television, television and radio to correspond to the right to freedom of speech, stressed that the procedure for creating a unified register of all media does not smell like progress: “Since 2005, all state structures have been tasked with creating information registers. In my opinion, if a government, a media agency wants to help journalists, they should remind the government bodies of these responsibilities, which have not been fulfilled for 16 years. Rules such as the creation of a register of all media, registration of journalists included in the register, are serious problems, discriminatory from the point of view of the modern right to freedom of expression. "

He noted that, technically, the media register already exists and is in the hands of the government: “Newspapers inform the Ministry of Justice about the beginning of their activities; the sites are already undergoing tax

registration and provide the necessary information. In this case, the creation of a single register may indicate an intention to control, direct, and suppress media and journalists more conveniently." -0-