AZERBAIJAN: NEW RESTRICTIONS ON PRINT MEDIA TO BE

UNCLAS SECTION 01 OF 02 BAKU 000496 SIPDIS DEPT FOR EUR/CARC, DRL E.O. 12958: N/A TAGS: PGOV PHUM KDEM AJ SUBJECT: AZERBAIJAN: NEW RESTRICTIONS ON PRINT MEDIA TO BE VOTED UPON IN PARLIAMENT REF: BAKU 473 ¶1. (SBU) Summary: Proposed amendments to the "Law on Mass Media," which will likely be up for debate and vote in the Azerbaijani Parliament on June 30, would further stifle the media situation in Azerbaijan by severely restricting the country's remaining independent and opposition press. Characterized by their lack of clarity, the amendments would give the GOAJ wide controls over the establishment of print media, a simpler process for the suspension or liquidation of a print media, and the ability to ban critical voices from the press. Observers fear that the proposed amendments, which are expected to pass, could lead to additional action, including restrictions on the use of the internet. End Summary. Parliament Eyes the Media -------------- ¶2. (SBU) Azerbaijan's Milli Majlis (Parliament) met June 19 in an extraordinary session, but did not vote on an amendment to the "Law on Mass Media." Rather, debate on this amendment, along with others (ref a) was postponed, perhaps until June 30. (Note: other amendments under consideration including changes to the Law on NGOs, reported septel.) The proposed changes to the mass media law were intended to strengthen the GOAJ's control of print media, which is largely state-controlled and/or political party-based. Critics denounced the efforts as further limitations on freedom of expression in Azerbaijan. According to analysts who have reviewed the proposed amendments, the changes would have the general effect of removing clarity from the law, giving the GOAJ a wide latitude for interpretation of transgression in print media. More Difficult to Open, Easier to Close -------------- ¶3. (SBU) The first set of amendments further regulate the establishment of media outlets. Previously, there was no need to receive permission from state agencies to establish a print media outlet. With the change to Article 14, all individuals and legal entities wishing to establish a print media outlet would be required to register prior to publication. The change to Article 14 is being combined with a proposed change to the "Law on State Fees," which would stipulate that a print media outlet is required to pay a registration fee of 1,000 AZN, or about USD 1,250. ¶4. (SBU) The second set of amendments would allow the GOAJ to suspend or liquidate print media more easily. The proposed amendment to Article 19 on the "Suspension of Production and Distribution of Mass Media or their Termination" was already altered once in 2009. The first amendment, passed earlier this year, added a clause that limited the number of times "biased articles" could be published. The new amendment proposes lengthening the period of time from one year to two years in which a print media outlet can be suspended for being convicted of printing "biased articles" three times. (Note: presumably media outlets would be warned two times, and then prosecuted on the third accusation.) The suspension could only be done through the court, but some observers, such as the Institute for Reporters' Freedom and Safety, fear that the court system would hand down unfair and politically motivated rulings, especially in regards to journalists and the media. ¶5. (SBU) The third set of amendments would allow the GOAJ to keep those who have already been found guilty of libel or slander, based on criticism of the government, leading officials or other notables, out of journalism for an extended period of time. A further amendment to Article 14 would ban the creation of new media outlets by founders of previous mass media outlets which ran afoul of the law and were subsequently closed by the courts. Is the Internet Next? -------------- ¶6. (SBU) Many in Azerbaijan fear that these moves to control print media are not the last steps in the GOAJ's plans for overhauling or revamping the media. The internet, they say, BAKU 00000496 002 OF 002 may be the next step. Television and radio, evidenced by the 2008 year-end GOAJ move to take BBC, VOA and Radio Free Europe/Radio Liberty off the air, are already largely in state control. Recently, the representatives of the GOAJ began a discussion about the "dangers" of the internet. Ali Hasanov, who heads the Political and Social Department of the Presidential Administration, made comments at a recent conference titled "Regulation of Internet-Media in Azerbaijan." Speaking in front of an audience that included Western guests, he asked, "How will this end? Problems created by the internet have already created disorder in every country of the world. I believe that the internet needs to be regulated." Precisely what Hasanov had in mind remains unclear. In following days, however, Members of Parliament continued the talk, leading some observers to conclude that a draft bill on internet regulation could be in the works. Comment -------------- ¶7. (SBU) These proposed changes to the law on print media clearly aim to reduce the amount of unsubstantiated rumors and allegations printed in Azerbaijan's newspapers, and to prevent those who print these types of stories from working in the journalism field. It is certainly true that many of Azerbaijan's newspapers lack the high standards of professionalism we would hope to see. This problem, however, stems from multiple sources, including lack of professional journalism training available in the country, the GOAJ's unwillingness to share information with the press, and a culture where rumors fly quickly from person to person. Further changes to an already restrictive legislative code are unlikely to solve this problem. Furthermore, coupled with Azerbaijan's restrictive practices on freedom of assembly, these potential further restrictions on print and, perhaps, internet media could create an environment where legitimate dissenting voices have no outlet. DERSE