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UNCLAS SECTION 01 OF 02 BAKU 000496 
 
SIPDIS 
 
DEPT FOR EUR/CARC, DRL 
 
E.O. 12958: N/A 
TAGS: PGOV PHUM KDEM AJ
SUBJECT: AZERBAIJAN: NEW RESTRICTIONS ON PRINT MEDIA TO BE 
VOTED UPON IN PARLIAMENT 
 
REF: BAKU 473 
 
 ¶1.  (SBU) Summary: Proposed amendments to the "Law on Mass 
Media," which will likely be up for debate and vote in the 
Azerbaijani Parliament on June 30, would further stifle the 
media situation in Azerbaijan by severely restricting the 
country's remaining independent and opposition press. 
Characterized by their lack of clarity, the amendments would 
give the GOAJ wide controls over the establishment of print 
media, a simpler process for the suspension or liquidation of 
a print media, and the ability to ban critical voices from 
the press.  Observers fear that the proposed amendments, 
which are expected to pass, could lead to additional action, 
including restrictions on the use of the internet. End 
Summary. 
 
Parliament Eyes the Media 
----------------------------- 
 
¶2. (SBU) Azerbaijan's Milli Majlis (Parliament) met June 19 
in an extraordinary session, but did not vote on an amendment 
to the "Law on Mass Media."  Rather, debate on this 
amendment, along with others (ref a) was postponed, perhaps 
until June 30.  (Note: other amendments under consideration 
including changes to the Law on NGOs, reported septel.)  The 
proposed changes to the mass media law were intended to 
strengthen the GOAJ's control of print media, which is 
largely state-controlled and/or political party-based. 
Critics denounced the efforts as further limitations on 
freedom of expression in Azerbaijan.  According to analysts 
who have reviewed the proposed amendments, the changes would 
have the general effect of removing clarity from the law, 
giving the GOAJ a wide latitude for interpretation of 
transgression in print media. 
 
More Difficult to Open, Easier to Close 
--------------------------------------- 
 
¶3. (SBU) The first set of amendments further regulate the 
establishment of media outlets.   Previously, there was no 
need to receive permission from state agencies to establish a 
print media outlet. With the change to Article 14, all 
individuals and legal entities wishing to establish a print 
media outlet would be required to register prior to 
publication.  The change to Article 14 is being combined with 
a proposed change to the "Law on State Fees," which would 
stipulate that a print media outlet is required to pay a 
registration fee of 1,000 AZN, or about USD 1,250. 
 
¶4. (SBU) The second set of amendments would allow the GOAJ to 
suspend or liquidate print media more easily. The proposed 
amendment to Article 19 on the "Suspension of Production and 
Distribution of Mass Media or their Termination" was already 
altered once in 2009. The first amendment, passed earlier 
this year, added a clause that limited the number of times 
"biased articles" could be published.  The new amendment 
proposes lengthening the period of time from one year to two 
years in which a print media outlet can be suspended for 
being convicted of printing "biased articles" three times. 
(Note: presumably media outlets would be warned two times, 
and then prosecuted on the third accusation.)  The suspension 
could only be done through the court, but some observers, 
such as the Institute for Reporters' Freedom and Safety, fear 
that the court system would hand down unfair and politically 
motivated rulings, especially in regards to journalists and 
the media. 
 
¶5. (SBU) The third set of amendments would allow the GOAJ to 
keep those who have already been found guilty of libel or 
slander, based on criticism of the government, leading 
officials or other notables, out of journalism for an 
extended period of time.  A further amendment to Article 14 
would ban the creation of new media outlets by founders of 
previous mass media outlets which ran afoul of the law and 
were subsequently closed by the courts. 
 
Is the Internet Next? 
--------------------- 
 
¶6. (SBU) Many in Azerbaijan fear that these moves to control 
print media are not the last steps in the GOAJ's plans for 
overhauling or revamping the media.  The internet, they say, 
 
BAKU 00000496  002 OF 002 
 
 
may be the next step.  Television and radio, evidenced by the 
2008 year-end  GOAJ move to take BBC, VOA and Radio Free 
Europe/Radio Liberty off the air, are already largely in 
state control.  Recently, the representatives of the GOAJ 
began a discussion about the "dangers" of the internet.  Ali 
Hasanov, who heads the Political and Social Department of the 
Presidential Administration, made comments at a recent 
conference titled "Regulation of Internet-Media in 
Azerbaijan."  Speaking in front of an audience that included 
Western guests, he asked, "How will this end? Problems 
created by the internet have already created disorder in 
every country of the world.  I believe that the internet 
needs to be regulated."  Precisely what Hasanov had in mind 
remains unclear.  In following days, however, Members of 
Parliament continued the talk, leading some observers to 
conclude that a draft bill on internet regulation could be in 
the works. 
 
Comment 
------- 
 
¶7. (SBU) These proposed changes to the law on print media 
clearly aim to reduce the amount of unsubstantiated rumors 
and allegations printed in Azerbaijan's newspapers, and to 
prevent those who print these types of stories from working 
in the journalism field.  It is certainly true that many of 
Azerbaijan's newspapers lack the high standards of 
professionalism we would hope to see.  This problem, however, 
stems from multiple sources, including lack of professional 
journalism training available in the country, the GOAJ's 
unwillingness to share information with the press, and a 
culture where rumors fly quickly from person to person. 
Further changes to an already restrictive legislative code 
are unlikely to solve this problem.  Furthermore, coupled 
with Azerbaijan's restrictive practices on freedom of 
assembly, these potential further restrictions on print and, 
perhaps, internet media could create an environment where 
legitimate dissenting voices have no outlet. 
DERSE