The Kazakh public is actively discussing a slew of controversial amendments that, if passed, would drastically alter the Internet landscape in Kazakhstan. Among them is an amendment that would result in many Web sites being considered mass media, thus subjecting the sites to being blocked if deemed in violation of Kazakh law.

The Lower Chamber of the Parliament of Kazakhstan approved the amendments this month. The legislation is now under the consideration of the President of Kazakhstan, Nursultan Nazarbayev. The amendments have received widespread criticism, and the Organization for Security and Co-operation in Europe (OSCE) recently issued a statement in opposition to the proposed changes.

The changes would affect the development of KazNet - a part of the Internet in Kazakh and Russian languages, indicated by .kz.

Last week, IJNet asked Stanislav Los, a Ph.D. student in the Department of International Journalism at the School of Journalism of Al-Farabi Kazakh National University in Almaty, to discuss the proposed legislation.

IJNet: There are so many amendments, what is the main one? What would be the most significant change?

In general, the new media law introduces 68 amendments. The most important one involves considering all informational Web sites as mass media. In this way, the majority of existing Web sites on KazNet would be considered media.

Various organizations and experts have presented their opinions about the amendments. The foundation Adil Soz and the National Association of Broadcasters of Kazakhstan stated that: "The authors of the new legislation decided to reach their goal in the most simple and technical way."

IJNet: Would the changes influence the availability of information from foreign media to the Kazakh audience?

The position of our government is clear in this issue. Publishing information from the foreign media on Kazakh Web sites will be prohibited if the publishing of it violates Kazakh media law.

However, there is a contradiction in the amendments, because the amendments also suggest the use of foreign media as a model to create our own Kazakhstan online media.

In general, however, the media law would [limit influence from media from abroad] for Kazakhstan.

IJNet: Does the law distinguish the Internet from traditional media?

No. The authors of the new legislation equate Web sites with mass media. However, the new laws do not demonstrate a deep understanding of KazNet and its functioning. Their passage would lead owners of Web sites to face new levels of liability.

For example, in 2008 an Economic Court in Almaty made a decision that the management of a Web site was [financially] responsible for comments made by visitors to the site. Although there was no clear legal basis for this decision [at that moment] in Kazakh media law, the court made this decision.

IJNet: The Internet is also an educational resource. What is the position of the government of Kazakhstan towards using the Internet for educational purposes? Are there plans to invest into its development?

To summarize the position of the government, it is not planning to develop Kazakh online media. There are no plans now and they are not going to be created in the near future.

IJNet: How would you like to see the future of the Media Law and the role of government?

Government must publically state its vision of online media. Owners and employees of online media have the right to know, for example, if they will be allowed to produce content for a certain organizations.

There is a lot of talk among officials about those journalists who violate the law, or who might in the future, which creates a negative image of online media in Kazakh society and damages reputations. Online media are losing the trust of their audience.

Many Web sites make very little revenue and have very few employees. They cannot afford to read and control all comments on the Web sites. Government should provide assistance with this for free, as well as provide help in computer security. IT professionals [provided by government] could install software which finds the [published] information which violates the law. Such IT professionals could help to provide defense from hackers who would [potentially] download information without owners' of Web sites consent.

To read a previous IJNet story on the same topic, click here.

For more information go to http://www.kaznu.kz/en/257.