Excessive fines for defamation a threat to media freedom in Kyrgyzstan, says OSCE Representative

VIENNA, 16 December 2015 - OSCE Representative on Freedom of the Media Dunja Mijatović today called on the authorities in Kyrgyzstan not to impose disproportionate and excessive fines for civil defamation, following a recent ruling in a defamation case in the country involving a public figure.

In early December, Dayirbek Orunbekov, Editor-in-Chief of Maalymat.kg, was ordered to pay two million Kyrgyz Som (approximately 24,000 Euros) to the President of Kyrgyzstan for insulting his honour and dignity, following a ruling in the Chui regional appeals court.

“Excessive fines imposed on journalists and media outlets as a means of protecting the head of a state can lead to self-censorship,” Mijatović said. “Disproportionate and high fines are detrimental to freedom of the media.”

The court ruling came after a story published in 2014 on Maalymat.kg on the 2010 events in the south of Kyrgyzstan, in which responsibility for the incidents was placed with members of the then interim government. The verdict can be appealed to the Supreme Court.

“Authorities should set limits for fines in defamation cases,” Mijatović said. “Public officials must exercise great restraint when faced with critical reporting and tolerate a higher degree of criticism then ordinary citizens.”

The 2010 Constitution of Kyrgyzstan prohibits criminal liability for disseminating information discrediting the honor and dignity of an individual. However, articles 128 and 342 contain provisions for prosecution for “insult” and “insult of an official”.

In April 2014, the Representative called on President Atambaev to veto the bill ‘On Knowingly False Accusations’ (www.osce.org/fom/117942), which would reintroduce criminal defamation in Kyrgyzstan. The President signed the bill in May 2014.

The OSCE Representative on Freedom of the Media observes media developments in all 57 OSCE participating States. She provides early warning on violations of freedom of expression and media freedom and promotes full compliance with OSCE media freedom commitments. Learn more at www.osce.org/fom, Twitter: @OSCE_RFoM and on www.facebook.com/osce.rfom.