Discussion of Kazakhstan's Laws Concerning Internet Regulation

11:56, 23 July 2009

LONDON. July 23. KAZINFORM On July 10, 2009, Kazakhstan signed into law amendments that institute legal mechanisms to regulate the distribution of information on the Internet to protect the constitutional rights of Kazakh citizens. These amendments raised some concerns by the Organization for Security and Co-operation in Europe (OSCE) and civil rights groups. While we understand and anticipated discussion on this new law, it is important to underline that the only purpose of these amendments was to protect the constitutional rights of Kazakh citizens.

One important fact is that with this legislation the Government of Kazakhstan never intended to infringe upon two core principles-freedom of speech and expression and freedom of access to information. Rather, the rationale behind the legislation was to serve the best interests of the citizens of the Republic of Kazakhstan.

Internet Governance has been a topic of discussion on the most prominent international platforms including the United Nations, the OSCE, and the G8 summit. But it is still a "work-in-progress" as the International community has yet to elaborate or accept basic internationally recognized principles of how to govern the Internet. This absence of any "golden standards" forces national governments, particularly such young nation states as Kazakhstan, to search for their own standards while balancing between the necessity to provide security to its citizens and to preserve basic freedoms.

Kazakhstan is a relatively young state-it established its independence just 18 years ago. The country finds itself in a potentially volatile region where stability and prosperity should never be taken for granted and can only be preserved through hard work and an innovative approach. It is therefore understandable that after monitoring and identifying a number of disturbing activities in Kazakhstan's cyberspace, including frequent unidentified internet appeals to intolerance and impatience coming into the country, the Government moved to establish its own standards for regulating "the global system of interconnected computer networks" by studying the best international models, including those of Great Britain, Austria, and other European states.

While working on the draft law, the Kazakhstan Government openly and honestly discussed this issue with Kazakhstan's civil society, the international Non-Governmental Organization's (NGO) community, the OSCE and its American and European partners. Some recommendations of Kazakhstan's and international human rights communities were translated into the law. For instance, the decision by Kazakhstan's Parliament to restrain the Office of General Prosecutor from the right to initiate the process to freeze or stop the activity of any Internet resource on the territory of the Republic of Kazakhstan is exemplary of how productive the dialogue was among officials and representatives of civil society.

The above legislation was introduced in accordance with a number of international norms, including Article 29 of the Universal Declaration of Human Rights, which states that "Each person has duties to society, in which free and full development of a person is possible. While executing rights and freedoms each person should be subjected only to such restrictions, which are established by the law specifically with the purpose to maintain due recognition and respect of rights and freedoms of others and satisfaction of fair requirements of morals, social order and general well-being in a democratic society."

Also, Article 20 of the International Charter on Civil and Political Rights states that: "Any propagation of war should be forbidden by the law. Any statement for the benefit of national, racial or religious hatred, representing instigation to discrimination, enmity or violence, should be forbidden by the law."

Although some external and internal observers have expressed their objections concerning the new legislation, the Government of Kazakhstan wants to reiterate once again the sanctity of the core principles of its Constitution on the freedom of expression and the freedom of access to information. Providing for national security, social stability, interethnic and interreligious accord within the country remain top priorities for the Government of Kazakhstan. It is hoped that the new legislation will be implemented with due respect to the above considerations as well as with great caution and wisdom to ensure the unimpeded political and economic growth in Kazakhstan and further evolution of its society and institutions, press service of the Kazakhstan Embassy in the UK reports.

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