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Home Newsroom News and press releases OSCE Media Freedom Representative publishes legal analysis of Azerbaijani media law, with recommendations to authorities
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OSCE Media Freedom Representative publishes legal analysis of Azerbaijani media law, with recommendations to authorities

VIENNA 24 February 2022

VIENNA, 24 February 2022 – The OSCE Representative on Freedom of the Media (RFoM), Teresa Ribeiro, presented today a legal analysis of the Law of the Republic of Azerbaijan “On Media”, adopted by the Milli Majlis (parliament) of the Republic of Azerbaijan on 30 December 2021. The law was later signed by President of the Republic of Azerbaijan, Ilham Aliyev, on 8 February 2022.

Commissioned by the office of the RFoM, the legal analysis was prepared by an independent media freedom expert. The analysis assesses the compliance of the Law with international human rights standards on freedom of expression and freedom of the media, and with key OSCE human dimension commitments.

The analysis touches upon concerns regarding several provisions of the Law, which pose significant limitations and restrictions on the right to freedom of expression and freedom of the media, as well as challenges on the work of media and journalists.

Among other things, the analysis underlines that the Law:

  • contains some key definitions, which are problematic in terms of language and scope and have direct implications vis-à-vis the interpretation and impact of provisions included in the legislation;
  • expands the jurisdiction and regulatory powers of the regulatory authorities beyond the territory of the country;
  • refers to possible and broad restrictions to be potentially imposed on media, based on the provisions included in the legislation on martial law, state of emergency, combating religious extremism and combating terrorism;
  • contains a series of unjustified and unnecessary restrictions and prohibitions regarding media content on a broad range of issues;
  • contains a series of problematic restrictions regarding the publication of information regarding criminal investigations, prosecutions or administrative violation cases;
  • lacks necessary safeguards in relation to disclosing the identity of confidential sources by media and journalists;
  • establishes a series of very broad and unnecessary restrictions regarding the establishment of media entities;
  • has a potential to impose excessive burdens and restrictions on licensing of audiovisual media;
  • lacks provisions establishing mechanisms that would guarantee the autonomy of the regulatory authorities in the field of audiovisual media;
  • contains a series of excessive provisions regarding the possibility for the authorities to restrict, suspend or terminate different types of media services;
  • contains a series of provisions on the regulation of the activities of journalists that are not aligned with applicable international and regional standards.

“The analysis offers several important recommendations and I encourage the authorities to review and incorporate them into the Law,” Ribeiro said. “My Office stands ready to continue working constructively with Azerbaijan and to further provide assistance and necessary policy recommendations.”

The full text of the legal analysis is available here: https://www.osce.org/representative-on-freedom-of-media/512935

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.