The Parliament of Kyrgyzstan has approved a bill in its third reading that grants the Ministry of Internal Affairs (MIA) the authority to impose fines for insults and defamation published on social media and media websites, reports the press service of the Jogorku Kenesh of Kyrgyzstan.
The new legislation has sparked widespread debate in society, with human rights activists concerned it could be used to target government critics.
Of the 80 deputies registered at the session, only four - Dastan Bekeshev, Janar Akaev, Seyidbek Atambaev, and Eldar Abakirov - voted against the bill. Sixty-eight supported the initiative, while eight abstained.
What does the bill entail?
According to Eurasiatoday.ru, the amendments to the Code of Offenses empower the MIA to track cases of defamation and insults online, draft protocols, and issue fines.
The fines are set at 20,000 soms (approximately $230) for individuals and 65,000 soms (about $747) for legal entities.
Criticism and opposition arguments
Deputy Dastan Bekeshev criticized the law, calling it a "tax on speech." He pointed out that a 20,000 som fine is equivalent to a teacher's monthly salary and argued that law enforcement should focus on more serious crimes.
"Instead of searching the internet for who said something bad, they should be looking for criminals," Bekeshev said.
Concerns from human rights organizations
Lawyers and human rights advocates worry the law will be selectively enforced, as has occurred with the law on misinformation.
Akmat Alagushev, a lawyer from the Media Policy Institute, noted that the law could become a tool for pressuring independent media such as Kloop and Azattyk.
Background of the bill
The amendments were initiated by the Ministry of Culture and the Ministry of Justice of Kyrgyzstan in April 2024. The initial version proposed higher fines: 100,000 soms ($1,150) for individuals and 200,000 soms ($2,300) for legal entities.
Ombudsman Jamila Jamanbaeva called the fines excessively high and emphasized the need for judicial proceedings in such cases. Following public criticism, the fines were reduced, and enforcement powers were transferred to the MIA.
Freedom of speech in Kyrgyzstan
In recent years, Kyrgyzstan has lost its status as a "haven of free speech" in Central Asia. According to Freedom House, the country has been categorized as "not free" since 2021.
In the Reporters Without Borders (RSF) rankings, Kyrgyzstan is in 120th place.
"There is unprecedented pressure on journalists," said Jeanne Cavelier, head of RSF's Eastern Europe and Central Asia desk.
Media prosecution precedents
The 2021 fake news law allowed websites to be blocked without court orders. In September 2023, Kloop.kg was blocked, and in July 2024, the Kloop Media Foundation was liquidated by court order.
Additionally, journalists face criminal prosecution.
Similar laws in other countries in Central Asia and Russia
In recent years, Central Asian countries and Russia have adopted laws regulating online information, including liability for defamation and insults.
Russia:
Since 2019, Russia has enforced a law imposing administrative penalties for spreading false information online and insulting authorities and state symbols. Fines for such violations can reach 1.5 million rubles ($15,900).
Kazakhstan:
In 2020, Kazakhstan amended its legislation to increase penalties for spreading false information online. The law includes fines and imprisonment for defamation and insults shared on internet platforms.
Uzbekistan:
In 2021, Uzbekistan amended its Criminal Code to introduce liability for online defamation and insults. Violators face fines or corrective labor.
Tajikistan:
Tajikistan enacted a law in 2020 that penalizes spreading false information online, including defamation and insults. Violators face fines or imprisonment.
Turkmenistan:
Turkmenistan has strict laws limiting freedom of speech online. Severe penalties, including imprisonment, are imposed for defamation and insults.
Thus, most Central Asian countries and Russia have adopted legislative measures aimed at regulating online information and establishing liability for defamation and insults.
CentralasianLIGHT.org
December 20, 2024