The constitution and law provide for freedom of expression, including for the press, and citizens generally were free to exercise these rights. NGO leaders and media rights advocates acknowledged a more relaxed press environment under the Jeenbekov administration, noting a clear drop in libel lawsuits against independent media outlets and the withdrawal of existing cases launched under the previous administration. Self-censorship continued to be prevalent, and pressure reportedly existed from editors and political figures to bias reporting.
Freedom of Expression: As in earlier years, some journalists reported intimidation related to coverage of sensitive topics, such as interethnic relations, “religious extremism,” or the rise of nationalism. The trend was particularly salient against Uzbek-language media outlets. Some journalists were prosecuted or felt threatened for reporting critically on public figures.
Multiple civil society groups noted an increase in the application of Article 299 of the criminal code on the “incitement of interethnic, racial, religious, and interregional hatred.” Observers stated that in some cases authorities broadly interpreted Article 299 to sanction speech, which tended to affect ethnic minorities and human rights defenders. HRW reported that the majority of prosecutions under Article 299 occurred in the south and targeted ethnic Uzbeks. According to NGOs, 98 percent of arrests under Article 299 resulted in convictions. Civil society organizations called the process to confirm violations of Article 299 arbitrary, politicized, and unprofessional. In November 2017 former opposition presidential candidate Omurbek Babanov faced charges for allegedly violating Article 299 during one of his campaign rally speeches (see section 3, Elections and Political Participation).
Press and Media Freedom: In recent years there were attempts to proscribe independent media from operating freely in the country. Tight government controls over news content on state television were widely acknowledged. Media rights advocates noted increasing pressure on media outlets in advance of the October 2017 presidential elections. Such pressure included civil and criminal lawsuits filed against independent media and journalists in connection with their reporting.
While there was a small degree of foreign ownership of media through local partners, in June 2017 the president signed amendments to the law on mass media that prohibit a foreign entity from forming a media outlet and limit foreign ownership of television stations. Nonetheless, through local partners Russian-language television stations dominated coverage and local ratings. A number of Russia-based media outlets operated freely in the country, and the government treated them as domestic media.
Censorship or Content Restrictions: As in previous years, journalists and NGO leaders alleged some news outlets instructed their reporters not to report critically on certain politicians or government officials. The sources also reported some news outlets received requests from offices of the government to report in a particular way or to ignore specific news stories.
The government continued to block internet users from accessing Fergananews.com in connection to a June 2017 decision by a Bishkek court. NGO leaders and media sources reported that state-owned broadcasters continued under pressure to transmit stories promoting government policies and initiatives and develop narratives critical of NGOs, opposition figures, and civil society activists.
Libel/Slander Laws: While libel is not a criminal offense except in narrowly prescribed instances, NGO leaders described the False Accusations Amendments, passed in 2014, as a practical “recriminalizing of libel.” Journalists noted the law exposed media to libel suits in civil courts that could bankrupt the outlets or journalists in their defense attempts. In 2015 the Constitutional Chamber narrowed the reach of the law, holding that henceforth it would apply only in cases of knowingly making false statements in a police report but not to statements in media, although subsequent decisions appear to contradict that ruling. While slander and libel are not criminal offenses, civil lawsuits can result in defendants paying compensation for moral harm, which the law does not limit in size. Observers stated that courts arbitrarily ruled on the amount of compensation and that failure to pay compensation could serve as a basis for criminal prosecution.
From March through April 2017, the PGO filed five civil lawsuits against individuals and media entities for “offending the honor and dignity” of the president. In March a defendant in one of the suits, journalist Naryn Ayip, published retractions of three articles.
Outstanding defamation cases from the previous year were largely resolved by the former and current presidents. In May former president Almazbek Atambaev voluntarily withdrew material claims awarded in defamation cases against former member of parliament Cholpon Jakupova, and Zanoza Media (now called Kaktus.Media) cofounders, Dina Maslova and Naryn Aiyp. Prior to Atambaev’s decision, some of those defendants had already complied with the 2017 Supreme Court ruling that required the payment of approximately 29.5 million som ($430,000) in fines to former president Atambaev for “moral compensation.”
In February President Jeenbekov cancelled a five million som ($73,000) judgment against online news outlet 24.kg for “moral damages.” In January, 24.kg published a retraction and an apology to Jeenbekov on its news site. In September 2017 then presidential candidate Jeenbekov had sued 24.kg and codefendant and former deputy Kabay Karabekov for the publication of an article that alleged the Jeenbekov brothers had close ties with radical Arab organizations. A Bishkek court in October 2017 ruled in Jeenbekov’s favor and awarded him a 10 million som ($146,000) judgment, assessed equally against the defendants. According to media reports, the judgment against Karabekov was still active.
The Adilet Legal Clinic reported that the organization defended journalists and media outlets charged with libel and slander, and members of media regularly feared the threat of lawsuits.
Internet Freedom
The government generally allowed access to the internet, including social media sites, and there were no public credible reports the government monitored private online communications without appropriate legal authority. There were no reports during the year that the government blocked websites spreading “extremist” and terrorist materials without a court order. Media reported that in August, courts blocked five social media accounts and eight online media channels, due to extremist content.
According to the International Telecommunication Union, 38 percent of the population used the internet penetration rate in 2017.
Academic Freedom and Cultural Events
There were no government restrictions on academic freedom. Institutions providing advanced religious education must follow strict reporting policies, but they reported no restrictions on academic freedom.