Media Development Agency seeks to terminate activities of unregistered media outlets in Azerbaijan

The Media Development Agency (MIA) has applied to the court to terminate the activities of three media organizations—”xeberal.az,” “azerbaycanrealligi.com,” and “millitv.az”—due to their failure to apply for registration in the media register.

The Sumgayit Appellate Court has already decided to terminate the activities of “kheral.az.”

According to lawyer Khalid Agaliyev, the agency’s claim is based on articles 78, 65, and 62 of the law “On Media,” which stipulates that any media must apply to the Media Agency for registration in the Media Registry. If a media organization fails to do so, the Agency can seek a court order to terminate its activities.

Local courts have consistently ruled in favor of the agency’s claims, interpreting them strictly in light of the “On Media” law. However, Agaliyev argues that this practice is inconsistent with the Constitution, which has the highest legal authority in the country. He points out that laws must not contradict the Constitution, which emphasizes the supremacy of international agreements to which Azerbaijan is a party.

Agaliyev highlights that international agreements, such as the UN Universal Declaration of Human Rights and the European Convention on Human Rights, are integral to Azerbaijan’s legislative system and hold superior legal force over domestic laws. Specifically, the UN Human Rights Committee has stated that journalism encompasses various actors, including bloggers and others engaged in individual broadcasting, and that registration or licensing requirements for journalists are incompatible with Article 19 of the UN Universal Declaration of Human Rights.

Furthermore, Agaliyev notes that the European Court of Human Rights case law supports this view, suggesting that media registration systems and licensing for technical reasons interfere with freedom of expression and media.

In late 2021, Azerbaijan’s parliament discussed and adopted the “On Media” law, which came into force in February 2022. The law includes provisions for establishing a unified register of media and journalists, with the rules for maintaining the register approved by a presidential decree in September 2022.

Independent journalists and media experts in Azerbaijan argue that the “On Media” law and establishing the Media Registry provisions undermine freedom of expression and media. International organizations, including the Venice Commission, have also criticized the law, viewing it as interfering with freedom of expression.