Venice Commission on media law: ‘will have a binding effect’
Azerbaijan’s new Media Law will have a “shackling effect” against the backdrop of an extremely limited independent journalism and media environment. The opinion of the Venice Commission, consisting of experts on constitutional law of the Council of Europe, was published on June 21. The opinion was adopted at last week’s plenary session of the commission together with the Director General of the Council of Europe for Human Rights and the Rule of Law.
There was no open dialogue
The Monitoring Committee of the Parliamentary Assembly of the Council of Europe submitted the draft law to the commission on February 2 this year. The opinion was based on the text of the adopted law, online meetings with journalists, media lawyers, representatives of the international community and the OSCE. The Commission regrets that the rapporteurs have not been able to have an open dialogue with the authorities, that the authorities have not commented on certain provisions of the law, and that they have only sent written comments to earlier versions of the opinion.
The Venice Commission states that “the law seeks to regulate almost everything in Azerbaijan’s media sector, including online media,” and “focuses on restricting the activities of the media instead of creating the necessary conditions for the media to act as a public watchdog.” The opinion states that many articles of the law do not meet European standards of freedom of expression and media, so the law cannot be implemented in its current form.
The law was signed into law by the President on February 8 this year, but a number of articles will be fully implemented on August 8, licenses will be issued for audio-visual media, and the Media Register will be fully operational.
“Cancel”
The Venice Commission calls on the Azerbaijani government to immediately lift excessive restrictions on the establishment of media outlets, including requirements for foreign ownership and foreign funding.
It is noted that the government should abolish either the Media Register or the accreditation system for journalists, which is extremely restrictive for the inclusion of journalists and media outlets in the register.
Among other recommendations of the body is to bring the law in line with the case law of the European Court of Human Rights on the protection of freedom of expression; The power to require journalists to disclose sources is limited to the courts.
License requirement, covert shooting
The Venice Commission believes that the licensing requirement for platform broadcasters should be abolished, and only information should be sufficient for the authorities to publish and distribute printed and online media products.
The opinion states that the conditions for revoking and terminating the licenses of audiovisual media, as well as print and online media outlets should be changed, and the adequacy of these sanctions should be ensured.
The organization also calls for expanding the understanding of journalism. Considers the additions to Articles 7-9 of the law important, and calls for a clear and accessible legal basis for restricting freedom of expression during a state of emergency.
The opinion states that the ban on secret filming without the consent of the person should be replaced by an article that excludes cases of clear public interest in the publication of such material, and ensures the rights of third parties.
Press Council
The Venice Commission considers it important to amend the current model of the Press Council in accordance with European standards and to ensure its functioning as an independent regulatory body.
The Law on Media, consisting of 9 chapters and 78 articles, covers issues related to the activities of journalists, granting relevant licenses to journalists included in the Media Register, some privileges, accreditation rules for journalists in government agencies, creating conditions for journalists and other issues.
According to the new law, only journalists registered in the state register can participate in various events. In order to register, they are required to have a higher education, 3 years of work experience, an employment contract, the registration of the media organization they work for in the register, and other issues.
Local and international journalists say the law will have a restrictive effect on the country’s media environment. However, government officials say the law serves the development of the media.
Local and international journalists say the law will have a restrictive effect on the country’s media environment. However, government officials say the law serves the development of the media.
Parliament passed a law protesting