Censorship Mechanism: How Kazakhstan's Ministry of Justice Is Trying to Gain Control over Media

According to representatives of Kazakhstan's Ministry of Justice, television and radio companies and publishing houses are included in the so-called "risk group" for copyright. 

The department intends to correct this situation by amending the current legislative acts.

However, according to professional community representatives, this will give the Ministry of Justice unchecked oversight over Kazakhstan's media. Orda has looked into the matter.

The upcoming changes in copyright were discussed at a recent video conference organized by the National Creative Union of the Music Creative Industry, which positions itself as the first self-regulatory organization in Kazakhstan.

It discussed existing copyright management issues, including commercial ones, in Kazakhstan and listened to recommendations for improving the copyright management system and protecting intellectual property. 

Industry representatives say the conference announcement was made right before it took place, which affected the number of participants. No representatives of international organizations specializing in copyright were among those invited. 

The absence of representatives of the largest international organizations for the protection of intellectual property, such as the International Confederation of Societies of Authors and Composers (CISAC), the International Federation of Reproduction Rights Organizations (IFRRO) and others, is a serious drawback of the conference. The organizers were unable to be present, and did not hold the conference in an online format at all. Although many organizers and participants of this conference like to talk about the development of digitalization, says famous composer and expert in copyright protection, Balnur Kydyrbek.

As the expert emphasizes, there are calls for society's active participation in developing the creative industry. Still, representatives of the Ministry of Justice want to return state oversight over the industry.

The ministry's representatives recently presented amendments to the criminal, business, and administrative codes, which decriminalize certain types of copyright violations.

At the same time, the Ministry of Justice of the Republic of Kazakhstan is given the right to impose fines and to supervise the implementation of the law on copyright and related rights. 

Per Kazakhstan's legislation and international practice, only authors, not officials, can be members and leaders.

Copyright protection is effectively carried out only in this case. 

The changes proposed by the authors of the scandalous bill could not pass the mandatory anti-corruption examination and the examination of the antimonopoly authority for a long time. The previous similar bill, put forward by the Ministry of Justice, as well as by the deputy of the Majilis Yerlan Stambekov and senator Zhanna Asanova, did not pass the inspection of the anti-corruption and antimonopoly agencies whatsoever. The inspection bodies called the actions of the creators of the document 'discrediting the civil service of the Republic of Kazakhstan,'the expert emphasizes.   

She recalled the words of Miyuki Monroig, a World Intellectual Property Organization representative, who has emphasized that the state should under no circumstances interfere in SCRMs. 

The most interesting thing is that the current legislation fully provides for all the necessary mechanisms for the oversight and protection of intellectual property. According to Article 49 of the Law on Copyright and Related Rights, such violations are considered in the civil procedure in the courts of the Republic of Kazakhstan. Authors' societies have the right to demand appropriate compensation in the event of violations. The SCRM, which includes authors, helps them to carry out full assistance in this, all the necessary consultations and other necessary procedures. Such a procedure is provided for throughout the world, noted Balnur Kydyrbek.

One might wonder why the Ministry of Justice suddenly decided to change world practice:

The main point in these changes is the ability of the bill's drafters and employees of the Ministry of Justice to directly influence the Kazakhstan's media. After all, according to direct statements from representatives of the Ministry of Justice, they are one of the main targets of the implementation of this bill - they are in the 'risk group,' which the representative of the Ministry openly said,  the expert noted. 

Balnur Kydyrbek is sure that the amendments have a dual purpose.

The first is to "impose a toll" on small and medium-sized businesses somehow related to the creative economy. And the second is to use the same fines to control any media outlet at their discretion. Plagiarism can be seen in anything, especially if you don't look back on public oversight.

Original Author: Maria Kravtsova