The Institute of Media Policy has analyzed a draft law proposed by the Ministry of Culture, Information, Sports, and Youth Policy, which suggests imposing fines for defamation and insults in the media and on websites. Legal experts are urging officials to withdraw the document.
In Kyrgyzstan, criminal prosecution for defamation and insult has been prohibited since the adoption of the Constitution in 2010. However, the new draft law raises concerns as it contradicts the principles established by the Constitution.
The Institute of Media Policy highlights that cases of insult can be classified as minor hooliganism in law enforcement practice, but it requires the disturbance of public order. Insults include obscene language in public places, offensive behavior towards citizens, and other actions disrupting public order and peace.
Defamation and insult laws are designed to protect the rights of individuals to honor and dignity, which are considered fundamental human values. However, the proposed amendments create a deadlock situation, where the state benefits financially from penalties imposed on individuals for defamation or insults.
The draft law assigns the Ministry of Culture the responsibility of handling cases of insult or defamation, contradicting its primary tasks of developing cultural policies and heritage preservation. This raises concerns about conflicts of interest and the impartiality of decisions made by the Ministry.
The proposed amendments also raise fears of increased censorship and arbitrary blocking of media outlets critical of the government. Previous instances of blocking websites without due process have heightened concerns about the erosion of freedom of speech in the country.
Moreover, the financial implications of the proposed amendments, including the increased workload for the Ministry of Culture, raise questions about the sustainability and motives behind the initiative.
In conclusion, the controversial draft law has sparked a debate about the balance between freedom of expression and the protection of individual rights in Kyrgyzstan. The implications of these proposed amendments go beyond legal matters, touching upon fundamental principles of democracy and human rights.
