OSCE PERMANENT COUNCIL: KAZAKHSTAN INTERNET DRAFT

UNCLAS STATE 046263

SIPDIS

E.O. 12958: N/A
TAGS: PGOV OSCE KPAO PHUM PREL KZ
SUBJECT: OSCE PERMANENT COUNCIL: KAZAKHSTAN INTERNET DRAFT
LAW INTERVENTION


1. (U) Post is authorized to present the following statement
at the May 7 Permanent Council meeting in Vienna.

Begin text:

Thank you, Madame Chairwoman,

The Internet is a powerful tool for information exchange and
free expression that we believe has generally furthered the
social and cultural development of societies. Mindful of the
usefulness of the Internet and our OSCE commitments to the
value of freedom of expression, as well as our own
constitutionally guaranteed tradition of freedom of
expression, the United States has been and remains
unequivocal in its support of Internet freedom.

Earlier this year, we raised at the Permanent Council
concerns about new draft legislation in Kazakhstan that could
negatively affect public access, content and operation of
Internet resources. We welcome the process of reform as
Kazakhstan prepares itself to assume the chairmanship in
office of our organization. It is important, however, that
reforms that impact human rights and fundamental freedoms,
such as freedom of expression, be consistent with
Kazakhstan's OSCE commitments.

In this regard, we commend the government of Kazakhstan for
its continuing work with the office of the Representative for
Freedom of the Media and with its civil society in preparing
new legislation related to the internet. Kazakhstan's
hosting in April of an expert, Andrei Richter, sent by the
Representative's office, was potentially a very positive
step. We urge the parliament and government of Kazakhstan to
take into account several concrete suggestions that have now
been made on how to improve the draft law.

It has been correctly observed that reclassifying all
Internet fora as "media outlets," subject to the restrictions
of the media law, restricts freedom of expression, in
contradiction of OSCE commitments. Classifying blogs,
chatrooms and other Internet social networking sites as forms
of journalism also could lead to deterioration of
professional journalistic standards as well as erosion of
freedom of expression that every citizen should enjoy.

To be consistent with OSCE commitments, we believe that any
new law related to the internet should incorporate at least
these key provisions:

Internet fora shall not be automatically classified as media
outlets;

Clear criteria shall be laid out to determine which Internet
outlets will be considered "media;"

Any speech restrictions need to be compatible with
Kazakhstan's international human rights obligations and its
OSCE commitments;

The government must not have the power to suspend media
outlets for punitive reasons;

And, there must be no blockage by the State of access to
foreign Internet news and information sources.

We look forward to working with Kazakhstan to strengthen its
work on the freedom of expression as the year of its
chairmanship approaches.

Thank you, Madame Chairwoman.
CLINTON