EurasiaNet Civil Society - Tajikistan: Journalists Concerned over New Legal Obstacles

CIVIL SOCIETY

TAJIKISTAN: JOURNALISTS CONCERNED OVER NEW LEGAL OBSTACLES
Konstantin Parshin 11/20/08

Journalists and human rights experts in Tajikistan have raised concerns about recent amendments to the country’s criminal code that appear to make it easier for officials to launch prosecutions for libel and defamation.

President Imomali Rahmon last summer approved eight amendments to the criminal code that touch on freedom of speech. Among the changes, the law for the first time treats online news outlets as being on the same level as print and broadcast media. Media analysts say the amendments are designed to enhance the government’s ability to control the flow of information.

Over the last three years, public officials and government bodies have initiated eight criminal cases and 14 civil suits against journalists and editors involving defamation allegations, according to the Asia Plus weekly. All these cases were connected to criticism of prominent public servants.

International observers have registered complaints about the new legislation. Miklos Haraszti, the OSCE Representative for Freedom of Media in Vienna, criticized the amendments for containing vague definitions of "Internet," "information," and "dissemination."

"This might lead to [overly] broad interpretation and discretionary application of the new provisions for criminalization of discussions on socially important themes," said Haraszti. He called on Tajik authorities to repeal the July amendments, and, more broadly, to take action that brings Tajikistan’s legal code into closer alignment with OSCE membership commitments.

OSCE representatives have repeatedly criticized the Tajik government’s media registration process, which the Vienna-based organization maintains is overly complicated.

During a conference in October, members of Tajikistan’s National Association of Independent Media (NANSMIT) also called for a repeal of the legislation. "Very often, Tajikistan’s legislation forces journalists to control themselves, and refrain from investigating cases of corruption - journalists fear persecution for libel," a statement issued by NANSMIT read.

Nuriddin Karshibayev, chair of NANSMIT, said that Tajikistan’s media environment has suffered in recent years because of "artificial obstacle ... with regard to licensing and registration of new media entities." Karshibayev went on to voice concern over the lack of access to information about the broadcast licensing process.

According to NANSMIT, more than a dozen private television and radio companies have been waiting for their licenses for years. In response to numerous complaints, the licensing commission under the State Committee on Television and Radio has said that applicants are unaware of how properly to fill out the application forms, and do not submit necessary documentation.

Editor's Note: Konstantin Parshin is a freelance journalist based in Dushanbe.

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