The law provides for freedom of speech, including for the press, but the government restricted these rights.
Freedom of Expression: The authorities continued to curb freedom of speech through detentions, prosecutions, the threat of heavy fines, the passage of strict and overreaching slander legislation, and the forced closure of media outlets. By law a person may be imprisoned for as long as five years for insulting the president.
In 2016 the Parliament amended Article 137 of the Criminal Code providing for criminal responsibility for public insult or slander against the leader of the nation, including on the internet, for which an individual can go to jail for up to five years. In August the Khatlon Region court sentenced labor migrant Umar Murodov from Muminobod to five and a half years of imprisonment for “insulting and humiliating the president.” According to court documents, Murodov “liked” videos critical of the president on the Russian-language social media site Odnoklasniki, widely used among Tajik labor migrants in Russia. Law enforcement officers arrested Murodov on June 12 when he returned to the country from Moscow. On July 18, law enforcement officials told the media that while in Moscow, Murodov “liked” videos with calls for the violent overthrow of the government and insulted the head of state in the comments section of his Odnoklasniki page. In a conversation with Radio Ozodi in May, Murodov claimed that Muminobod authorities promised they would not arrest him should he return voluntarily.
Press and Media Freedom: Independent media faced significant and repeated government threats on media outlets. Although some print media published political commentary and investigatory material critical of the government, journalists observed that authorities considered certain topics off limits, including, among other matters, questions regarding financial improprieties of those close to the president, or content regarding the banned IRPT.
Several independent television and radio stations were available in a small portion of the country, but the government controlled most broadcasting transmission facilities. A decree issued by the government, “Guidelines for the Preparation of Television and Radio Programs,” stipulates that the government through a state broadcast committee has the right to “regulate and control the content of all television and radio networks regardless of their type of ownership.”
The government allowed some international media to operate and permitted rebroadcasts of Russian television and radio programs.
Violence and Harassment: Journalists continued to face harassment and intimidation by government officials. Although the government decriminalized libel in 2012, state officials regularly filed defamation complaints against news outlets in retaliation for publishing stories critical of the government.
After eight months in detention, the government on August 22 released and reduced the charges against independent journalist Khairullo Mirsaidov. Mirsaidov was sentenced on June 11 to 12 years in a high-security penal colony, after the Khujand city court found him guilty of “embezzlement of public funds,” “forgery of documents,” and “dissemination of false information.” Criminal charges were filed against Mirsaidov in December 2017, soon after he publicly accused government officials from the local Department of Youth and Sports of soliciting a bribe. The original charges included “inciting ethnic and religious hatred,” a charge that was later dropped. The severe nature of the charges and their timing created concern that authorities were punishing Mirsaidov for his whistleblower activities.
Censorship or Content Restrictions: Journalists regularly practiced self-censorship to avoid retribution from officials. Opposition politicians had limited or no access to state-run television. The government gave opposition parties minimal broadcast time to express their political views, while the president’s party had numerous opportunities to broadcast its messages.
Newspaper publishers reported the government exercised restrictions on the distribution of materials, requiring all newspapers and magazines with circulations exceeding 99 recipients to register with the Ministry of Culture. The government continued to control all major printing presses and the supply of newsprint. Independent community radio stations continued to experience registration and licensing delays that prevented them from broadcasting. The government restricted issuance of licenses to new stations, in part through an excessively complex application process. The National Committee on Television and Radio, a government organization that directly manages television and radio stations in the country, must approve and then provide licenses to new stations. The government continued to deny the BBC a renewal of its license to broadcast on FM radio.
Libel/Slander Laws: In 2012 the government repealed the law criminalizing libel and defamation and downgraded the offenses to civil violations, although the law retains controversial provisions that make publicly insulting the president an offense punishable by a fine or up to five years in jail. Nevertheless, libel judgments were common, particularly against newspapers critical of the government.
Internet Freedom
Individuals and groups faced extensive government surveillance of internet activity, including emails, and often self-censored their views while posting on the internet. Authorities blocked some critical websites and news portals, and used temporary full blackouts of internet services and messaging to suppress criticism.
According to a World Bank report issued in June 2017, 17 percent of the population used the internet regularly.
There were new and continuing government restrictions on access to internet websites, such as Facebook, YouTube, Google, Google services, and Radio Free Europe/Radio Liberty, although some of the restrictions were lifted during the year. Independent and opposition news agencies and websites located outside of the country have been blocked by the government for several years. The State Communications Service, the official communications regulator, routinely denied involvement in blocking these sites, but the government admitted to periodically implementing a law that allows interruption of internet content and telecommunications “in the interest of national security.” The government continued to implement a 2015 law enabling the GKNB to shut off internet and telecommunications during security operations.
In 2017 the Majlisi Milli, the upper house of parliament, passed a law giving law enforcement bodies the right to track citizens using the internet. According to the new bill, the security agencies can monitor internet traffic and have access to information regarding which internet sites citizens visit and the type of information they seek. On June 13, the lower house of the parliament adopted amendments to the Criminal Code, making those who use the “like” or “share” function on social media regarding “terrorism” and “extremism-related” topics subject to up to 15 years in jail. Members of Parliament amended article 179 that said, “Public calls for the commission of terrorist crimes and (or) publicly justifying terrorist activities,” adding “via the internet” to the second part of this article.
Academic Freedom and Cultural Events
The Ministry of Education maintained a dress code that bans wearing the hijab in schools and government institutions. Authorities allowed women to wear a traditional version of the head covering--a scarf that covers hair but not the neck--to schools and universities. Some female students wore the hijab to and from school but removed it upon entering the school building. Parents and school officials appeared to accept this arrangement. The ministry also maintained its ban on beards for all teachers. Students with beards reported being removed from class, questioned, and asked to shave. A Ministry of Education decree obliges all female teachers, university students, and schoolchildren to wear traditional dress, during the academic year.
Government authorities increased the urgency of their effort to dissuade citizens from wearing “foreign clothing,” primarily focused on the hijab, which covers the hair, ears, and neck. According to media reports, the government’s Committee on Women and Family Affairs, in cooperation with the Ministry of Internal Affairs, conducted informational campaigns, or “raids,” in public areas against women wearing the hijab, threatening those who refused to remove their hijab with a 1,000 somoni ($115) fine and six months imprisonment. In addressing these media reports, the ministry denied that such measures existed and claimed the government was conducting a public campaign to promote national culture and clothing.
A Ministry of Education directive requires school administrators to inform students of the Law on Parental Responsibility, which bans all persons under age 18 from participating in public religious activities, with the exception of funerals. The law provides that, with written parental consent, minors between the ages of seven and 18 may obtain a religious education during their free time from school and outside the state education curriculum and may worship as part of educational activities at religious institutions.
The government requires all persons studying religion abroad to register with the Committee on Religious Affairs (CRA), Ministry of Education, and Ministry of Foreign Affairs. The law provides criminal penalties for violating restrictions on sending citizens abroad for religious education, preaching and teaching religious doctrines, and establishing ties with religious groups abroad without CRA consent.
The Ministry of Education banned students from attending events sponsored by or conducted for foreign organizations during school hours. On February 28, the Ministry of Education reportedly issued a new regulation that requires the ministry’s approval for all students to study abroad and for ministry employees who wish to travel internationally for any educational purpose.
On April 22, the Communications Service, without explanation, reportedly blocked internet access and sealed the office of the Tajik Academic Research and Educational Network Users Association’s, which consists of more than 20 research institutes and more than 30 universities.
There were several reports throughout the year that academics writing on sensitive subjects regarding politics, religion, and history feared publishing or even submitting their articles for review because to possible government retribution.