The number of signatories of the Evaluation Document has grown from 36 to 168 people /UPDATED/

Baku/16.12.21/Turan: The number of signatories of the Evaluation Document of the group of heads of mass media and experts has grown from 36 to 168 people.

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2021 December 15 (Wednesday) 16:39:47

APPEAL on the legislative proposal on the Draft Law on Media

We - the signatories of this appeal, regret that the legislative proposal on the Draft Law on Media adopted by the Milli Majlis in the first reading opens up a wide range of opportunities to restrict freedom of media and freedom of expression, consider the hasty discussion of the proposal without passing the public discussion test as disrespectful to democratic values, and call on the Milli Majlis to remove the bill from the agenda and return it for revision.

The fact that the proposal on the Draft Law on Media was undisclosed until parliamentary discussion does not comply with national laws on the openness of information, as well as international treaties to which Azerbaijan is a party. The Law on Access to Information, adopted by the Milli Majlis in 2005, was drafted with the participation of media law experts and the local and international community. This law has created favorable legal mechanisms for access to public information, and it is still used as an example by international organizations and developed countries. It is unfortunate that this good practice has been overlooked in relation to the Law on Media.

There are serious discrepancies between the legislative proposal and the provisions of the Constitution of Azerbaijan and the European Convention on Human Rights, which protect the right to freedom of expression and freedom of media. Our Constitution guarantees equality of rights and freedoms for everyone, protects freedom of thought, freedom of speech, and freedom of information. All constitutional rights and freedoms must be applied in accordance with international treaties. International treaties are an integral part of our national legal system, and if there is a conflict between them and national law, those international treaties must be applied. Article 10 of the European Convention, which guarantees the right to freedom of expression, sets out a clear framework and grounds for interference with freedom of expression. Unfortunately, the proposal on the draft law does not meet any of these tests and creates favorable conditions for unnecessary interference with freedom of expression and freedom of media.

The legislative proposal opens up a wide range of opportunities for the state to determine who can engage in journalism and rejects the model of media self-regulation. Establishment of a state register of journalists by the state, establishment of difficult conditions for the state register, application of a single card rule, legal requirements for journalists such as complying with professional ethics, impartially and objectively interpreting facts and events, preventing bias, and prohibiting the dissemination of all secretly obtained information can inflict incurable wounds on freedom of media, which is an important component of the right to freedom of expression.

The use of abstract concepts, which are not found in the practice of creating media legislation, related to audiovisual media subjects in the legislative proposal and the ambiguity of the regulations cast suspicion on the possible benefits of the proposed bill. In particular, the regulations on “platform broadcasters and operators” subject to the licensing conditions in the proposal provide ample opportunities for restrictions on freedom of media and freedom of expression. The lack of clarity in the text of the proposed draft law on concepts raises serious doubts that the regulation of Internet television will also be included in the definition of "platform broadcaster".

We are concerned that the legislative proposal will serve the formation of a more closed environment, rather than a bright, prosperous future of our country, emphasizing that the right to freedom of expression is important in the exercise of all other rights and that this right itself is not an absolute right. Furthermore, it must be borne in mind that restrictions on freedom of expression and freedom of media must be legitimate, adequate, necessary in a democratic society and stem from an urgent social need. Freedom of expression and freedom of media may be restricted only in accordance with the principles clearly stated in the Constitution of Azerbaijan and the European Convention. As the proposal submitted to the Milli Majlis is not adequate to these grounds, we call on the Government to take the necessary steps to prevent this draft law from becoming law - to remove it from the parliamentary agenda, re-establish a working group, and submit the bill to that group for revision.

Signatures:

• Akif Gurbanov- lawyer
• Alya Yagublu- independent lawyer
• Arif Aliyev- Head of the New Generation Journalists Union
• Aygun Muradkhanlı - Prime TV
• Aynur Elgunəsh- independent journalist
• Aytan Mammadova-independent journalist
• Elchin Shikhli- Head of the Union of Journalists of Azerbaijan
• Elchin Rustamli- journalist
• Elchin Sadigov- lawyer
• Emin Huseynov- IRFS
• Emin Huseynzadeh- Media expert
• Alasgar Mammadli -media lawyer
• Avaz Zeynalli- Owner of Xural Tv, journalist
• Fariz Namazli- lawyer
• Hafiz Babali- investigative journalist
• Khalid Agaliyev - media lawyer
• Kamran Mahmudov- independent journalist
• Gubad İbadoglu- Biz TV-nin rəhbəri
• Gulu Maharramli- media expert, professor
• Mehman Aliyev- Head of Turan News Agency
• Mehman Huseynov- Blogger
• Natig Javadlı- independent journalist
• Nasimi Mammadli - Head of Broadcasting Monitoring Center
• Osman Gunduz- Multimedia Center
• Ramin Deko- independent journalist
• Rasul Jafarov- Head of Baku Human Rights Club, lawyer
• Rashid Hajili- media lawyer
• Rizvan Ganbarli- Media expert
• Rovshan Hajibekli- independent journalist
• Sevinj Vagifgızı- independent journalist
• Seymur Kazimov- media expert
• Shahin Najafov- Prime TV
• Shahvalad Chobanoglu- independent journalist
• Shahla Humbatova- lawyer
• Shamshad Aga- journalist, Editor-in-chief of Argument.az website
• Ulkar Abdullayeva- journalist

A brief overview of the legislative proposal on the Draft Law on Media

• The draft law was prepared in accordance with the Decree of the President of Azerbaijan on Deepening Reforms in the Field of Media signed in January 2021. The decree did not mention the need to develop a new bill. If the legislative proposal on the draft law submitted to the Milli Majlis a few days ago is accepted, the Law on Mass Media and the Law on  Television and Radio Broadcasting will be repealed;
• The legislative proposal on the draft law that will apply to all media entities and journalists outside Azerbaijan, whose activities are related to Azerbaijan, along with media entities established in the territory of Azerbaijan, proposes restrictions on the collection of information during martial law and state of emergency, during special operations against religious extremism, and in the anti-terrorist operation zone. For example, media coverage of special operations against religious extremism must meet the requirements of the form and scope of the operation;
• The proposal sets clear and broad restrictions on the content of information and creates more opportunities for interference in freedom of expression and freedom of media than provided for in the Constitution of Azerbaijan and international treaties. For example, the use of swear words, expressions, and gestures are prohibited, and the media provide journalists with conditions such as "impartial, objective interpretation of facts and events, non-partisanship". The draft law prohibits the dissemination of all secretly obtained information, regardless of its content;
• The proposal gives government bodies full authority to determine who can engage in legitimate journalism - the state creates a Media Register to systematize information on media and journalists and issues certificates to registered media and journalists in a centralized manner, and only registered media and journalists can engage in legal journalism. The information included in the register is kept secret, except for the names of media and journalists, and the disclosure of information about media owners is also not provided;
• The inclusion of the names of journalists in the media register includes conditions such as continuous activity, a mandatory contract, higher education, Azerbaijani citizenship permanently residing in Azerbaijan, and no previous convictions. Persons with disabilities and limited capabilities cannot be included in the register. A legal condition applies to journalists stating that they are required to adhere to professional ethics;
• The draft law defines four types of media entities that are prohibited from funding from foreign funds - print media, online media, news agencies, and audiovisual media entities. The founders of media outlets are required to be permanent residents of Azerbaijan, to have a majority stake in the charter capital of a permanent resident of Azerbaijan, and not to have a previous conviction. Political parties and religious organizations can only have print media. In particular, the provisions of the draft law on "audiovisual media entities", one of the four types of media entities, are very confusing and vague. "Audiovisual media entities" are classified into six types: terrestrial broadcasters, platform broadcasters, platform operators, multiplex operators, infrastructure operators, and custom broadcasting service providers. The regulations on audiovisual media entities in the bill, especially on the “platform broadcaster” and the “platform operator”, provide ample opportunities for restrictions on freedom of expression. This concept is new, there is no such practice in media laws. According to the bill, "platform broadcasters" are individuals or legal entities who are responsible for the content of audiovisual programs and broadcast those programs through the platform or directly over the Internet. The bill requires "platform broadcasters" to obtain a license from the government body.