Violations of freedom of speech in Kazakhstan July 2024

The International Foundation for Protection of Freedom of Speech «Adil Soz» presents an overview of events reflecting the situation in Kazakhstan with freedom of expression, receipt, and dissemination of information in July 2024.

In July 2024, the following were recorded:

 11 reports of violations of the rights of journalists, media outlets, and newsmakers, including:

• 3 incidents of interference with journalists’ lawful professional activities,
• 1 threat against media outlets or journalists,
• 6 cases of misuse of the image of media outlets, journalists, bloggers, or newsmakers,
• 1 violation of copyright (without legal action taken).

26reports related to the right to freely receive and disseminate information, including:

• 19 cases of refusals or restrictions on the provision of socially significant information,
• 1 instance of resource/account blocking,
• 1 instance of closure or suspension of media outlets,
• 5 unauthorized access to computer information, DDoS attacks.

14 reports of pretrial and court claims and lawsuits against journalists, media outlets, and citizens (data on pretrial and judicial proceedings do not include reports related to ongoing cases). These include:

• 2 pretrial criminal accusations,
• 10 civil court and pretrial claims against media outlets,
• 2 accusations in administrative cases.

During the first seven months of 2024, 87 legal cases, pretrial claims, and investigations related to publications in the media, social networks, and video-hosting platforms were recorded—1.5 times more than in the same period last year (55 cases).

The changes across case categories in 2024 are as follows:

- The number of criminal charges increased by 1.2 times: 9 cases against 7 in 2023. Of the 9 cases in 2024, 7 are related to pre-trial investigations under the article on dissemination of knowingly false information, while in 2023 there were 3 cases under this article. In July, it became known about the transfer to the court of pre-trial investigation materials on the case of journalist Daniyar Adilbekov, also suspected of knowingly false denunciation. 

- In civil cases, the increase was 1.6 times: 57 cases compared to 35 in 2023. As in the previous year, in 2024 the largest number of claims and lawsuits are related to the protection of honour, dignity and business reputation. 43 pre-trial claims and lawsuits were filed under this article.  All 10 claims and lawsuits in July filed against media owners and journalists also relate to this article of the Civil Code.

- Administratively, the number of charges increased 1.6 times: 21 incidents in 2024 versus 13 in 2023. In 2024, as in 2023, libel was the most common administrative prosecution, with 9 incidents compared to 7 in 2023. Following the introduction of the article on liability for posting, disseminating false information in September 2023, 7 incidents were recorded under this article in 2024. In July, two cases under the article ‘Posting, dissemination of false information’ were recorded, including one pending in court.

Events in the country

July 2. Aidos Sadykov, the Kazakhstani blogger residing in Ukraine and the author of the YouTube channel "Base" passed away in Kyiv on 2 July, thirteen days after an assassination attempt on 18 June. His murder has sparked international outrage.

The International Foundation for Protection of Freedom of Speech "Adil Soz" extended condolences to Sadikov's family and friends, expressing hope that Ukrainian authorities will conduct a thorough, impartial investigation into his death with comprehensive cooperation from Kazakhstani law enforcement agencies.

Jeanne Cavelier, Head of the Eastern Europe and Central Asia Desk at Reporters Without Borders (RSF), stated that the brutal shooting of Aidos Sadikov in central Kyiv must not go unpunished.

UNESCO Director-General Audrey Azoulay also condemned the murder of Aidos Sadikov in Kyiv, urging a meticulous investigation to ensure that those responsible are held accountable.

Meanwhile, the General Prosecutor's Office of Kazakhstan reported that it had not received official confirmation of Sadikov's death from Ukrainian authorities. Consequently, a formal request for information on this case has been sent to the relevant authorities in Ukraine.

On 3-4 July, the Shanghai Cooperation Organization (SCO) Summit took place in Astana, gathering leaders and representatives from 16 countries to discuss key international issues. The summit hosted around 10,000 delegates, with approximately 900 journalists covering the event, including 700 from foreign media outlets.

On 24 July, the Government of Kazakhstan approved the Artificial Intelligence (AI) Development Concept for 2024-2029, founded on nine core principles:

Responsibility: AI must align with ethical norms and human values.

Decision-Making: AI complements rather than replaces human input, ensuring active human involvement in managing AI-driven decisions.

Reliability and Explainability: AI technologies should be reliable, with decision-making algorithms and key factors understandable to developers and users.

Transparency and Fairness: Information about AI systems and technologies must be accessible, and AI systems should operate without discrimination.

Risk Management and Accountability: Risk assessment and accountability for AI use must be upheld by all stakeholders.

Security and Privacy: AI systems must protect personal data against attacks and data leaks, safeguarding privacy and other legally protected information.

Adaptive Regulation: AI development should be free from excessive barriers, with a legal framework that quickly addresses ethical conflicts.

Pragmatism: Decisions on implementing AI technologies should be economically justified.

Equal Access: Ensuring equal access to AI education for all, regardless of social, economic, or geographic background.

The concept outlines six key areas for AI development: high-quality data, modern infrastructure, human capital, research and development, regulatory frameworks, and acceleration programs.

According to Axellect, implementing AI could increase Kazakhstan's GDP by substantial amounts across various sectors each year.

Changes in Legislation

On 5 July, President Kassym-Jomart Tokayev signed the Constitutional Law of the Republic of Kazakhstan “On Introducing Amendments and Additions to Certain Constitutional Laws of the Republic of Kazakhstan”. This law introduces changes and additions to the "Law on the Republican Referendum" dated 2 November 1995.

The amendments to Article 6 of this law, focused on transparency in organizing and conducting republican referendums, establish the right of Kazakhstani citizens representing accredited public associations, NGOs, and international observers to be present at referendums. Foreign media are also permitted to cover events related to the referendum within the approved framework.

Additionally, the revised text clearly specifies that Kazakhstani and international journalists are guaranteed access to cover activities related to the referendum, including the ability to visit polling stations. The procedure for journalists’ presence is governed by the "Law on Elections in the Republic of Kazakhstan".

On 25 July, Acting Minister of Education of the Republic of Kazakhstan N. Zhumadildayev issued an order updating the “Rules for Preventing Bullying (Harassment) of a Child”. The revised version defines "bullying (harassment) of a child" as follows:

"1) bullying (harassment) of a child – systematic actions (two or more instances) of a humiliating nature, persecution and/or intimidation, including actions aimed at coercing or deterring an action. These may include actions conducted publicly or via mass media, telecommunications networks, and/or online platforms (cyberbullying)".

The order will come into effect on 25 August 2024.

Standard Rules for Journalists' Accreditation (Media Representatives)

On 18 July, the Ministry of Culture and Information presented a draft order titled “On Approval of Standard Rules for the Accreditation of Journalists (Media Representatives)” for public discussion, which will continue until 1 August 2024. These rules were developed in accordance with the Law “On Mass Media” of the Republic of Kazakhstan.

The draft rules have faced sharp criticism from journalists and human rights advocates. The International Foundation for Protection of Freedom of Speech "Adil Soz" stated, “The provisions removed from the draft Law on Mass Media by members of the working group have reappeared as points in these regulations. No rules or regulations should contradict the law or impose excessive restrictions on journalists”.

Specifically, Adil Soz pointed out that the clause prohibiting accredited journalists from sharing information received through accreditation with other media outlets (except those that accredited them) violates the Constitution of Kazakhstan, which guarantees the right to freely disseminate information.

The draft differs from current regulations by omitting the obligations of the accrediting organization, instead introducing new obligations for accredited journalists, according to Adil Soz.

Adil Soz also highlighted new grounds for revoking accreditation, which are not specified by law, such as for violations of access and on-site security protocols at important state and strategic facilities.

On 19 July, Minister of Culture and Information Aida Balayeva made a statement on Facebook, clarifying that “no journalist is prohibited from applying for accreditation from multiple media outlets where the information will be distributed”. She also noted that the rule does not apply to journalists expressing their personal opinions on events or issues in their personal social media accounts.

Adil Soz believes that this draft contradicts current legislation and, if adopted, should be challenged in the Constitutional Court. The foundation calls on the ministry to hold additional consultations with experts to ensure the draft rules comply with the law and provide journalists with genuine access to information.

Criminal Case of Journalist Daniyar Adilbekov

Daniyar Adilbekov was detained on 27 March 2024 in Astana and arrested for two months on suspicion of knowingly making a false denunciation. His arrest was extended several times. His defence lawyers' requests to change the preventive measure were rejected by the court.

The case was initiated due to publications on the Telegram channel "Dikaya Orda". Journalist Gulzhan Yergalieva and Astana Airport’s Arab representative, Aljawdher Yusuf Rashed M., filed complaints with the police, leading to the case being qualified under the article on disseminating knowingly false information (with a maximum penalty of three years' imprisonment).

Based on a statement from Deputy Minister of Energy Yerlan Akkenzhenov, Adilbekov is also charged with "False denunciation", which carries a maximum sentence of eight years.

On 22 July, the criminal case was admitted to the Astana Interdistrict Criminal Court. The main trial in the journalist's case is scheduled for 5 August. The charge of knowingly false denunciation was also brought against oil trader Yerlan Saudegerov, who, according to the investigation, was the journalist's source of information.

Also in July:

July 21.The investigation into a case opened under Part 4 of Article 147 of the Penal  Code of Kazakhstan (“Dissemination of information about the private life of a person constituting his personal or family secret, without his consent, or causing significant harm to the rights and legitimate interests of a person as a result of illegal dissemination of other personal data”) has now been ongoing for over seven months. The case involves three journalists: Oleg Gusev from “Novoyoe Televidenie” (Temirtau), Irina Moskovka, Karaganda regional correspondent for “Vremya” newspaper, and Alexandra Alekhova from Almaty.

The pre-trial investigation was initiated following a complaint from an Almaty resident, Elena S., who claims the journalists disclosed her private life by publishing details of her expunged convictions. Oleg Gusev reported that he only learned of the investigation’s commencement on 2 May when contacted by the police to be brought to Almaty for questioning.

At the police station, Gusev discovered that the journalists were classified as witnesses with a right to defense. On 30 May, he was informed he had become a suspect in the case.

Since then, Gusev told the Adil Soz Foundation that he has not been summoned for further questioning.

July 11–20. The website of the Shymkent news outlet Vera.kz suffered a series of DDoS attacks between 11 and 20 July, resulting in three instances of inaccessibility for users.

According to editor Marina Nizovkina, access issues began around 11 July when staff members experienced problems logging into Vera.kz's social media accounts. Accounts were locked, passwords were changed, and pages were hacked. The team created a new Facebook profile due to the loss of access to the original, while Instagram and TikTok were eventually recovered.

The primary attack on Vera.kz occurred on 17 July, leading to administrators’ loss of access to the website. The attack, originating from multiple IP addresses, including some from Shymkent, persisted for several hours. The computer of the publication's programmer was hacked, resulting in the loss of access to the editorial Web-WhatsApp. While the site was offline, the editorial team continued to publish content via social media platforms.

Another attack on 20 July caused the loss of content published on 17 July. To prevent further disruptions, the hosting provider migrated the site to a more secure server. Despite significant setbacks, the Vera.kz team is working to manually restore their content archive.  

Although the source of the attacks remains unknown, the editorial team suspects that recent articles, which attracted unusual attention, may have prompted them.

The monitoring was prepared according to reports to correspondents of the «Adil Soz» Foundation

Head of the Monitoring Service of the «Adil Soz» Foundation - Elena Tsoy

Email: lena@adilsoz.kz

For all monitoring-related inquiries, you can also contact: info@adilsoz.kz