Global Integrity Report

Kazakhstan Home

Facts

Timeline

Notebook

Integrity Scorecard

2007 Assessment

Kazakhstan: Integrity Indicators Scorecard

Kazakhstan: Integrity Scorecard Report > Sub-Category: Media
Indicators		Score
5	Are media and free speech protected?	100
6	Are citizens able to form print media entities?	69
7	Are citizens able to form broadcast (radio and TV) media entities?	63
8	Can citizens freely use the Internet?	63
9	Are the media able to report on corruption?	58
10	Are the media credible sources of information?	55
11	Are journalists safe when investigating corruption?	0

Indicator and sub-Indicator Details

Are media and free speech protected?

5a: In law, freedom of the media is guaranteed.

Score:

YES

Comments:

References: Constitution of the Republic of Kazakhstan, article 20 [ LINK ]

Peer Review Comments: In reality, the media is not free, and the issue of ownership of electronic media is especially an issue.

5b: In law, freedom of speech is guaranteed.

Score:

YES

Comments:

References: Constitution of the Republic of Kazakhstan, article 20 [ LINK ]

Peer Review Comments:

Are citizens able to form print media entities?

6a: In practice, the government does not create barriers to form a print media entity.

Score:

100

Comments: The media question is one of the most painful in Kazakhstan. Almost every media outlet at the republican level is associated with some powerful olygarchic group.

References: Monitoring report, team of authors of Adli Soz NGO, March 2007 Monitoring Of Violations Of Freedom Of Speech in Kazakhstan in March 2007 [ LINK ];

News report, Adil Soz NGO team Statistics of Violations of Media Rights and Rights of Journalists of Kazakhstan in The First Half of 2007 July 19, 2007 [ LINK ]

6b: In law, where a print media license is necessary, there is an appeal mechanism if a license is denied or revoked.

Score:

YES

Comments:

References: Law on media of the Republic of Kazakhstan, article 4-3 [ LINK ] (in Russian)

Peer Review Comments: There are formal mechanisms in place, but many informal barriers remain.

6c: In practice, where necessary, citizens can obtain a print media license within a reasonable time period.

Score:

100

Comments: According to the minister of Culture, Sport and Information, there are 6,000 registered newspapers in Kazakhstan, of which only one third are active. The other ones are registered and not in print for one reason or another. He considers it as an information weapon in "stock". Registration and licensing of media is an issue, and journalists consider it as an encroachment to the freedom of speech.

References: Statement by Tamara Kaleeva, head of Adil Soz NGO (International Foundation for the Protection of Freedom of Speech) About Non-Jusitified Strengthening of Legal Framework and Repression towards Media

Article Information by Khabar agency Mechanism of Registration of Kazakhstan Media Will Be "Put in Order" March 30, 2006 [ LINK ]

Peer Review Comments: It's interesting that journalists consider licensing to be an encroachment on freedom of speech. It's a very parochial view. Once a citizen becomes a media outlet, there should be some form of licensing or regulation. It just should not be used to chill freedom of expression.

Peer Review Comments: Any licensing is a lengthy process in Kazakhstan unless bribes are paid.

6d: In practice, where necessary, citizens can obtain a print media license at a reasonable cost.

Score:

100

Comments: The official cost is very low, (less than US$100 for newspaper) but in practice the process itself is difficult and time-consuming. Hiring additional legal advisor can move costs even higher. Registration conditions are considered amongst the harshest in the CIS (Commonwealth of Independent States) area.

References: Government document. Committee of Information and Archives of the Ministry of Culture and Information. Explanation of the Ministry of culture and information on the changes to media law Aug. 4, 2006 [ LINK ];

Statement of NGO leader Statement by Adil Soz NGO (International Foundation for The Protection of Freedom of Speech) Tamara Kaleeva About Non-Jusitified Strengthening of Legal Framework and Repression towards Media April 19, 2006 [ LINK ];

[ LINK ]

Peer Review Comments: There are formal and informal costs to obtaining a license.

Are citizens able to form broadcast (radio and TV) media entities?

7a: In practice, the government does not create barriers to form a broadcast (radio and TV) media entity.

Score:

100

Comments: Media outlets, especially TV stations, are clearly divided among powerful business groups. They were actually concentrated in the hands of the elder daughter of the president of the country and her husband. Starting from 2006, the Ministry started to change this olygarchic structure. However the majority of journalists consider the work of the Ministry and personally the minister as harshening the conditions for media. To start a TV or radio station it is necessary to get a frequency from the Ministry. Last tender for frequencies was in 2004.

Interview with Evgeni Zavadski (director of 31 kanal -Karaganda), How To Make A Private Ghannel. June 29, 2006 [ LINK ] in Russian .

7b: In law, where a broadcast (radio and TV) media license is necessary, there is an appeal mechanism if a license is denied or revoked.

Score:

YES

Comments:

References: Law on media, article 4-3 [ LINK ] (in Russian)

7c: In practice, where necessary, citizens can obtain a broadcast (radio and TV) media license within a reasonable time period.

Score:

100

Comments: If the channel is a republican one then it will have special attention. The main problem was the concentration of all powerful media resources in several olygarchic groups.

Interview with Evgeni Zavadski (director of 31 kanal -Karaganda), How To Make A Private Ghannel. June 29, 2006 [ LINK ] in Russian .

Peer Review Comments: The problem is the informal barriers to new entries, which can be resolved if they compromise themselves.

7d: In practice, where necessary, citizens can obtain a broadcast (radio and TV) media license at a reasonable cost.

Score:

100

Comments: The license itself is not expensive but the process and attention of the supervising government bodies are problematic.

Interview with Evgeni Zavadski (director of 31 kanal -Karaganda), How To Make A Private Ghannel. June 29, 2006 [ LINK ] in Russian .

Can citizens freely use the Internet?

8a: In practice, the government does not prevent citizens from accessing content published online.

Score:

100

Comments: There are complaints that certain Web sites are difficult to access. In some situations the Web sites are not possible access from certain organizations (they put firewalls by themselves). KNB (former KGB) has a special program Bolat to slow down the download process the sites of terrorist organizations. There are a lot of opinions that it is used from time to time to block the opposition sites too. The high cost of an internet connection still remains the biggest obstacle.

References: Monitoring report. Adil Soz NGO, February 2007, Unjusitified Limitation To Access Web sites [ LINK ] in Russian;

OSCE report Governing the Internet. Freedom and Regulation in OSCE Area. Rachid Nougmanov. July 2007 Internet Governance in Kazakhstan [ LINK ]

8b: In practice, the government does not censor citizens creating content online.

Score:

100

Comments: There is no censorship, but Web sites are slowed down. The biggest obstacle is the high cost of internet use. Only 4 percent of the population are regular internet users

Forum discussion is usually very free. There are voices who argue that these forum discussions are instigated by special agents too.

References: OSCE report Governing the Internet. Freedom and Regulation in OSCE Area. Rachid Nougmanov. July 2007 Internet Governance in Kazakhstan [ LINK ];

Statement by Journalist NGOs of Kazakhstan - About the Continuous Effort of the Ministry of Information To Limit the Freedom of Speech. Dec. 6, 2006 [ LINK ]

Peer Review Comments: Web sites with unsuitable content, whether inside or outside the country, are hindered.

Are the media able to report on corruption?

9a: In law, it is legal to report accurate news even if it damages the reputation of a public figure.

Score:

YES

Comments: There are provisions in the same law on state secrets and right for refutation by persons and legal entities. Also there is so called defamation laws or laws on interference into private life where the journalist or newspaper can be brought to the court for damaging the reputation of a person. Several precedents back in 2001 and 2002 took place. Some threats to use these laws were articulated as well. However if newspapers are involved in some inter oligarch wars the information is published without limitations.

References: Law on media, articles 14 and 20 [ LINK ]

Peer Review Comments: "Honor and defamation" cases are comparatively easier to initiate than the libel cases in much of the rest of the world and have a far lower burden of proof, encouraging media self-censorship.

Peer Review Comments: There is the use of defamation legislation, which hampers reporting.

9b: In practice, the government or media owners/distribution groups do not encourage self-censorship of corruption-related stories.

Score:

100

Comments:

References: Report on media coverage of the elections OSCE Presidency Opposed after Heavily Biased Election Coverage RSF staff Kazakhstan Aug. 22, 2007 Reporters sans frontières Secrétariat International [ LINK ]

Opennet Country Profile Report. Opennet staff 2007 Kazakhstan [ LINK ]

9c: In practice, there is no prior government restraint (pre-publication censoring) on publishing corruption-related stories.

Score:

100

Comments: Censorship is prohibited, but quite often officials ask to see the written material, such as an interview, before the publication. Usually, if there is an attempt for censorship it is reported by the NGOs that monitor the freedom of speech.

References: Monitoring. ADLI SOZ NGO. April 2007 Monitoring Of Violations Of Freedom Of Speech in Kazakhstan in March 2007 [ LINK ];

News report. BBC OSCE Accuses Kazakhstan And Georgia in Internet Censorship July 28, 2007 [ LINK ]

Peer Review Comments:

Peer Review Comments: There is a heavy degree of self-censorship based on informal guidelines of the government.

Are the media credible sources of information?

10a: In law, print media companies are required to disclose their ownership.

Score:

YES

Comments: When the registration process is going on, an owner should provide identification documents.

References: Law on media, article 11 [ LINK ]

10b: In law, broadcast (radio and TV) media companies are required to disclose their ownership.

Score:

YES

Comments:

References: Law on media, article 11 [ LINK ] (in Russian)

10c: In practice, journalists and editors adhere to strict, professional practices in their reporting.

Score:

100

Comments: PR materials are quite common. Media entities belong to financial groups in Kazakhstan. Journalists are only instruments of the owners. There are some lists of companies which cannot be criticized because of the newspaper business affiliation with the owner. Maybe Web sites are some exception to this rule.

References: Vlad Yritsyn, journalist. www.zonakz.net (web newspaper), Aug. 7, 2007, Almaty

Debate between editor Meltser and ex-ambassador of Kazakhstan Aliyev. Editor-in-chief of Vremya Newspaper Confirms The Authenticity of Rahat Alieyv Interview Interfax (news agency) June 20, 2007 [ LINK ]

Peer Review Comments: The comment suggests a low level of professionalism, which could be the result of external factors.

Peer Review Comments: Journalists are often underinformed about their legal obligations in reporting. That creates significant vulnerabilities when reporting on the state or other powerful bodies.

Peer Review Comments: Kazakhstan journalism is plagued with the collection of kompromat (compromising evidence), paid-for articles, and self-censorship. There is not a high degree of fact checking, and there is rampant misuse of newspapers for selected commercial and political purposes.

10d: In practice, during the most recent election, political parties or independent candidates received fair media coverage.

Score:

100

Comments: In the parliamentary elections of 2007, TV ads by the opposition party were not accepted by TV channels, under the pretext that they instigate to inter social intolerance. They were placed on Web sites.

References: Letter to the Chair of the Central Election Comission, Uraz Zhandosov July 28, 2007 [ LINK ];

Article in Tas zhagan newspaper 29 (57) , Darhan Kerey. What Is in My Clip? July 26, 2007 [ LINK ]

Peer Review Comments: Another source for this information is the Organization for Security and Co-operation in Europe's election observation reports; they devote whole sections to media.

10e: In practice, political parties and candidates have equitable access to state-owned media outlets.

Score:

100

Comments:

References: Letter to the Chair of the Central Election Comission, Uraz Zhandosov July 28, 2007 [ LINK ];

Article in Tas zhagan newspaper 29 (57) , Darhan Kerey. What Is in My Clip? July 26, 2007 [ LINK ]

Are journalists safe when investigating corruption?

11a: In practice, in the past year, no journalists investigating corruption have been imprisoned.

Score:

YES

$Scoring Criteria :: YES: A YES score is earned if there were no journalists imprisoned related to work covering corruption during the study period. A YES score is positive. NO: A NO score is earned if any journalist was jailed because of his/her work covering corruption during the study period. The causal relationship between the official charges and the journalist\'s work may not be explicit, however the burden of proof here is low. If it seems likely that the journalist was imprisoned due to his or her work, then the indicator is scored as a NO. Corruption is defined broadly to include any abuses of power, not just the passing of bribes.$

Comments: Several times journalists were under investigation and prosecution for slander. The most famous case was when a journalist was sentenced to two years on parole for insulting the president in two articles published on the internet.

References: Monitoring of the violations of the freedom of speech in Kazakhstan on monthly basis conducted by Kazakhstan NGO Adill Soz [ LINK ] (in Russian);

Kazakh Blogger Sentenced To Two Years Imprisonment Jan. 22, 2007, Mon 5:21 PM Moscow [ LINK ]

11b: In practice, in the past year, no journalists investigating corruption have been physically harmed.

Score:

YES

Comments: On Jan. 7, 2007, a camera was destroyed while journalists were shooting after a fire broke in the market. Guards of the market destroyed the camera and the TV channel brought this case to court. Some NGO organizations have not indicated these violations. Some violence against journalists is attributed to criminal cases not connected with their professional activity.

References: Monitoring. Team of Adil Soz NGO (www.adilsoz.kz), from January to July 2007, Monitoring of Violations of Freedom of Expression of Speech in Kazakhstan from January to July 2007 [ LINK ];

Data set. Team of Center for Journalists in Extreme Situations 2007 Violations of the rights of the journalists in Kazakhstan in 2007 [ LINK ]

Peer Review Comments: There have been a number of suspicious deaths of journalists in Kazakhstan over the space of the last five years, all of which are connected with the investigation of misuse of power that may be considered corruption.

11c: In practice, in the past year, no journalists investigating corruption have been killed.

Score:

YES

$Scoring Criteria :: YES: A YES score is earned if there were no documented cases of journalists being killed because of their work covering corruption-related issues during the study period. A YES score is positive. NO: A NO score is earned if there were any documented cases where a journalist was killed in relation to his or her work covering corruption-related issues in the study period. The relationship between a mysterious death and an individual\'s work may not be clear, however the burden of proof here is low. If it is a reasonable guess that a person was killed in relation to his or her work on corruption issues, then the indicator is scored as a NO. Corruption is defined broadly to include any abuses of power, not just the passing of bribes.$

Comments: One journalist has disappered and probably she was kidnapped. Journalist Oralgaysha Omarshanova (Zhabagaytaykyzy) disappeared on March 30, 2007. She is a journalist of the newspaper Zakon I pravosudie and investigates crimes with elements of corruption. There are opinions that her disappearance is connected with her professional activity. Muhit Iskakov (representative of the newspaper in Almaty) said that Oralgaysha was received some threatening phone calls before the publication of this article. As a result, she has bought and registered fire-arms because she was afraid for her life. Oralgaysha and her colleagues came to Almaty from Astana on March 29, 2007. Her friend saw Oralgaysha in an unknown car (it was jeep) on March 30, 2007. Anybody has seen her. She works as journalist of the newspaper Zakon i pravosudie within a year. Colleagues record of her fearlessness and the highest professionalism. The criminal case was instituted under article 125 Kidnapping of Criminal Code of the Republic of Kazakhstan.

Article Rahat Kosbarmak Journalist is lost! (in Kazakh) April 23, 2007 [ LINK ]