PARLIAMENT RESTRICTS MEDIA IN AMENDED LAW

UNCLAS BAKU 000205 DEPT FOR EUR/CARC SIPDIS E.O. 12958: N/A TAGS: PGOV PREL PHUM KDEM AJ SUBJECT: PARLIAMENT RESTRICTS MEDIA IN AMENDED LAW ¶1. (SBU) SUMMARY: On March 6 Azerbaijan's parliament passed three changes to the "Law on Media." There are also several proposed amendments to the Constitution, to be voted on in a referendum on March 18, which will also affect the media environment. Taken together, these legal changes are likely to be interpreted by Azerbaijani courts, which are not independent of the executive branch, in a manner that further restricts freedom of the media in Azerbaijan. The March 6 action on media is not directly related to the suspension of Radio Liberty's FM license; it does not further hinder ongoing negotiations or provide any protection or opportunity for foreign broadcasters. END SUMMARY. ¶2. (SBU) On March 6 the Azerbaijan's Milli Majlis (parliament) adopted changes to the country's "Law on Mass Media." The new provisions allow a media outlet to be closed by a court order for two months for any of three reasons: a foreigner or person without a university degree is appointed editor; the publication does not send free copies of the publication to relevant government agencies within 10 days; or an outlet "abuses freedom of the media or journalist's right" twice in one year. The president has not signed this law yet, but is expected to do so shortly. ¶3. (SBU) The implications of these changes will depend on how the GOAJ interprets these provisions, particularly the provision regarding abuse of freedom of media, which seems open to wide application. Editors of newspapers critical of the government have stated publicly that they worry these new provisions will be used to close their papers. Government officials often bring lawsuits against newspapers and/or journalists that they believe offended their dignity. These cases taken together could now be used to shut these papers, depending on how the courts interpret this law. ¶4. (SBU) Contrary to the hopes of some, these amendments do not contain anything that will improve the situation regarding the removal of foreign broadcasters, including Radio Free Europe/Radio Liberty and Voice of America from FM airwaves. There are also several proposed amendments to the "Law on Television and Radio Broadcasting" that will be discussed in the Milli Majlis (parliament) soon, but these changes also do not pertain to foreign broadcasters. ¶5. (SBU) Several proposed amendments to the Constitution, which will be voted on in the March 18 referendum, also create obstacles to freedom of media. Amendments to Article 32 of the Constitution will prevent anyone from having their picture taken without permission and allows anyone to demand the removal of information published about them that is not true. Furthermore, an amendment to Article 50 gives everyone the right to refute information in the media that is damaging to their reputation. The interpretation of all these changes to Azerbaijani law is likely to further restrict the already constrained media environment in Azerbaijan. Derse