New Press Law Causes Concern in Azerbaijan

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While Azeri journalists are used to working in harsh conditions, a press regulation passed into law earlier this year has made the situation for many worse.

Lawmakers have not yet determined the penalties for non-compliance with the law. But experts say clauses in the law, such as state registration of media outlets and journalists, will make working conditions more difficult, especially for self-employed or independent journalists.

Nigar Mubariz, who works for multiple media outlets, says that journalists in Azerbaijan always face obstacles. Mubariz emphasizes that after this law, journalists should be more careful.

Speaking to VOA, Mubariz said, “The places I work did not censor me even after the law was passed. Unfortunately, we are used to working in tense conditions. But now this tension has increased and we have to protect our rights,” he said.

Mubariz thinks that the requirement to be registered will make it difficult for some journalists to access official sources; He worries that this requirement may not accept freelance journalists like him as journalists.

Some articles on objectivity and impartiality in the law can also be used to prevent critical journalism in the country.

“This law not only hinders the work of journalists, but also prevents the public from accessing correct information,” the Azeri journalist said.

Mubariz also believes that the new law “directly contradicts” Article 50 of the Azerbaijani constitution, which guarantees the right to information and dissemination.

Stating that the restriction on the press harms both the journalists and the society, Mubariz said that the law “prevents the reporting of future problems and socio-political processes in the country and the presentation of correct information to the society”.

Azeri lawmakers argue the law is a way to improve relations between the media and the state. In addition, lawmakers say that while the bill is still in progress, the law is being discussed by wide segments, including journalists.

“The law protects media independence, freedom of expression and does not impose any sanctions or restrictions,” Aydin Mirzazade, a member of the ruling New Azerbaijan Party, told VOA earlier this year.

Mirzazade also denied allegations that the law violates the Constitution of Azerbaijan and the European Convention on Human Rights.

It is interpreted that the law increases the current oppressive environment in Azerbaijan.

Reporters Without Borders (RSF) organization points out that Azerbaijan’s record on freedom of the press is poor and ranks 154th out of 180 countries in the World Press Freedom Index.

RSF says that over the past two decades, “media laws have become increasingly repressive” in Azerbaijan, and authorities have intimidated independent and critical journalists with prison sentences.

Despite these difficulties, the country’s media is trying to report and expose the big issues. Investigative reporter Hatice İsmailova was part of the Pegasus project last year, which looked at how spyware targets politicians, civil society and media professionals, including herself.

On the other hand, some journalists take a wait-and-see approach to the law. Journalists go about their business at their usual pace while they wait to see how the Azeri authorities plan to enforce the law.

Freelance journalist Parvana Gurbanlı said she follows current rules for international and professional press.

Gurbanlı said, “I want to continue working with this principle. However, I do not know how successful I will be after the law is implemented. If all independent journalists continue at the same pace, the new law will lose its power over time.”

Thinking that the law violates conventions on freedom of expression and the right to information, Gurbanli fears that the obligation to register will bring journalism under government control.

Gurbanlı said, “Media organizations and their employees will be subject to registration. “According to the new law, independent journalists will not be considered journalists,” he said.

Farid Gahramanov, who works for the independent Turan news agency, said that questions about how the registration process will work are still unanswered.

“There is no clarity on that,” Gahramanov said, although the country’s official media controller is expected to be responsible for the process.

Gahramanov said, “How soon will the supervisory authority register the media outlets? In what situations can it be rejected? What kind of explanation will come in case of rejection? There are questions like this,” he said.

“The danger of breaking the law will force journalists to be loyal to the state,” says Gahramanov, and he thinks the registration requirement could lead to self-censorship.

Stating that the potential privileges that some officials say will be offered to press card holders can also be problematic, Gahramanov said, “To ensure objectivity and impartiality, a journalist must be independent from the state, political institutions and commercial organizations. Their only privilege should be to have quick access to information,” he said.

Gahramanov argued that the best way for the state to help journalists is to strengthen security and said, “Crimes against journalists should be promptly investigated, and punishments for crimes against media representatives should be toughened.”

mn-1-general