The International Foundation for Protection of Freedom of Speech "Adil Soz" expresses concern over the application of certain articles of the Criminal Code of the Republic of Kazakhstan to journalists and users of online platforms for publications related to reports on criminal offenses. We believe that such practices limit journalists' ability to carry out their professional duties and contradict the principles of freedom of speech.
We hold that journalists and users of online platforms should not be held criminally liable for knowingly false denunciation in connection with media publications that report on criminal offenses.
Article 181, Part 4 of the Criminal Procedure Code and Paragraph 5 of the Regulatory Ruling of the Supreme Court "On Judicial Practice in Private Prosecution Cases" explicitly require that the complainant be formally warned of criminal liability for making knowingly false denunciation. The absence of such a signed warning should negate the element of crime in cases involving journalists or online platform users when they publish information in the media regarding suspicions of criminal offenses. This is because the law directly links the presence of intent to make a knowingly false denunciation with the mandatory written warning.
Otherwise, the principle of equality before the law and the courts, enshrined in Article 14 of the Constitution, is violated.
We call for respect for the rights of journalists and the strict observance of constitutional principles, ensuring equality and fairness in the application of the law.
