Opening Remarks by UN RC Antje Grawe: Technical Consultations on the Right to Freedom of Expression and Freedom of the Media in the Kyrgyz Republic.

Excellencies Mr. Shakiev, Speaker of Parliament and Mr. Baisalov, Deputy Chairman of the Cabinet of Ministers,

Dear Mrs. Dzhamanbaeva, Akykatchy of the Kyrgyz Republic,

Dear Teresa,  

Dear members of Parliament, Representatives of state bodies, civil society, and the media,

Dear representatives of the international community and experts from the Office of the OSCE Representative on Freedom of the Media, OSCE Office for Democratic Institutions and Human Rights and the Venice Commission’s member,

Thank you for inviting me to today’s Technical Consultations. I am honored to be here with you as opening speaker at today’s event devoted to freedoms that constitute the cornerstone of any democratic society, namely, the freedom of expression and freedom of the media – freedoms that are enshrined in both Kyrgyzstan’s Constitution and in the UN human rights treaties that Kyrgyzstan is a party to since more than 20 years!

I wish to start by expressing the UN System’s sincere appreciation to the Ombudsperson of the Kyrgyz Republic for her leadership in convening today’s event and her Office’s proactive engagement with the Government, Parliament, civil society and international experts in the preparation of this inclusive platform for a constructive discussion of the different legal opinions received from the UN Special Rapporteur on Freedom of Expression, ODIHR and the Office of the OSCE Representative on the Freedom of the Media, as well as the Venice Commission on the draft mass media law. 

National Human Rights Institutions (NHRIs), in the case of Kyrgyzstan, the Ombudsperson’s Institute, play a crucial role in promoting and protecting human rights within their respective countries. In keeping with the Paris Principles on the Status of National Human Rights Institutions, which were adopted by the United Nations General Assembly in 1993, NHRIs are vested with an important role of acting as mediators and facilitators in national dialogues on human rights by bringing together various stakeholders, to discuss and find solutions to human rights challenges and by providing accessible platforms for complaints and the search for solutions.

Today’s initiative is a highly commendable example of the Akykatchy playing that role of a convener of constructive debate, also in line with the existing law on the Akykatchy, currently under review.  I also wish to commend both the Ministry of Justice and the Ombudsperson for having sought international expert advice on this crucial piece of legislation – a commendable practice. 

Today’s consultations are also very timely. Not only can they benefit from the three legal opinions, but I hope that they can also bring some clarity regarding next steps following the recent approval by a working group under the Ministry of Culture of the Regulatory Impact Assessment that analyzed whether a new Law “On the Mass Media” is needed and what will be its effect on the country’s economic situation and the lives of people.  

I understand there were diverging views expressed, with some echoing the results of the 2021 Legal Inventory process that concluded that there was no need to introduce substantive changes to the existing Mass Media Law and others in favor of the adoption of the law.  As I understand, in line with national legislation and methodology, the final draft Mass Media Law should take into account views expressed during the Regulatory Impact Assessment, including alternative views. This suggests a need for further discussion, and. I would like to encourage to reach an agreement on next steps including the format for such discussion. Will they be held within the working group formed by the Presidential Administration, or in another format?  I was happy to hear the proposals from the distinguished Speaker of Parliament in this regard.

Dear Participants,

Through online media, as well as websites and social media channels of non-commercial organizations and private entrepreneurs people learn about their rights, state services and the country’s developments.  Since my time here I have observed the pivotal role of independent online media in fostering the fight against gender-based violence, in helping local communities convey their grievances to the decision-makers, in drawing public attention to the development challenges, risks of conflicts and national peacebuilding efforts. 

At the same time, I have repeatedly heard that the State, including the Speaker today, is seeking solutions how to counter fake news.

As we will hear from the legal experts about their technical analysis and recommendations shortly and having pronounced on the draft mass media law on various occasions in the past, allow me today to focus on lessons learned and best practices which the UN has collected for dealing with fake news in particular. I hope this can serve as an injection of ideas for consideration of possible alternative measures to what would otherwise risk to be a restrictive law that would fall short in many regards of Kyrgyzstan’s international human rights obligations.

We all know that fighting disinformation while safeguarding the freedom of expression requires a delicate balance. 

I have spoken about this challenge extensively in my speech last November.

Let me recall here only that the UN Human Rights Council (Resolution 49/21, April 2022) and the UN General Assembly (Resolution 76/227, December 2021) have stressed that free, plural media, supported by self-regulation mechanisms, and an open and pluralistic civic space, with independent and active civil society and academia, enable the public to access independent, timely, evidenced-based, accessible, clear and multi-lingual information from diverse sources and are preconditions for democratic debate and an informed public.

Dear Colleagues,

In the spirit of the objectives of this technical consultation, let me propose a few crucial strategies and positive measures to combat the spread of false information, while at the same time refraining from disproportionately and unnecessarily curtailing freedom of expression and access to information.

Firstly, fostering collaboration between governments, civil society, including the media, the engineering community and tech companies is essential. 

Through multistakeholder partnerships, countries can develop effective frameworks to address the spread of fake news and disinformation, while safeguarding freedom of speech. This collaboration should aim to promote transparency, accountability, and responsible behavior in the dissemination of news and information.

For example, the Guidelines for the Governance of Digital Platforms developed by UNESCO through a multistakeholder consultation process outline the importance to focus any kind of regulation that aims to fight disinformation on the systems and processes that tech companies have in place to deal with disinformation rather than on specific pieces of content. 

The Guidelines are clear about the obligations that governments have when developing policies of fighting disinformation, making a strong call to remind them that any legislative reform should be fully aligned with international human rights law and recalling that governments should “discourage —including through measures such as professional codes of conduct—public officials from disseminating disinformation, including gendered disinformation;  misinformation; and intimidating or threatening the media.”

Secondly, investing in quality journalism and supporting independent media outlets is vital.

By promoting diverse and reliable sources of news and information, the spread of fake news and disinformation can be countered whilst ensuring that rights holders have access to accurate and trustworthy reporting.

Thirdly, enhancing media literacy and critical thinking skills among the general public is crucial.

Media and Information Literacy programs, including those implemented with UN support and projects of multiple multilateral governmental organizations, bilateral donors, or foreign non-governmental organizations, provide tools, and help people acknowledge how to evaluate sources, discern credible information from falsehoods, and recognize biased narratives.  Media and Information Literacy programs empower individuals to make well-informed choices about the information they consume.

Fourth, it is crucial to encourage media self-regulation through the establishment of and adherence to professional codes of conduct.

This not only promotes ethical journalism practices but also allows for the identification and avoidance of fake news, misinformation, and disinformation within media organizations. Self-regulation should be supported by strong mechanisms for addressing violations and promoting media accountability.

Fifth, tech companies, social media platforms and news organizations must act to curb the spread of disinformation.

The Guidelines for the Governance of Digital Platforms developed by UNESCO also call on tech companies, underlining their responsibilities to be transparent, accountable, to perform due diligence, to align their design, content moderation and curation process to international human rights standards and to provide tools for user empowerment.

The Guidelines state that when developing human rights due diligence, companies should analyze the impact of their systems and processes for the treatment of independent news publishers and journalistic content hosted on their service. They also should ensure equal treatment of independent news organizations on digital platforms and establish procedures to guard against the potential misuse of reporting rules and moderation mechanisms, especially misuse in bad faith designed to censor journalists.

Lastly, leveraging technology to tackle fake news and disinformation is important.

This includes exploring the use of artificial intelligence and machine learning algorithms to detect and flag misleading content. However, it is crucial to strike a balance between technological interventions and protecting civil liberties, respecting privacy rights, and avoiding undue censorship.

Ladies and gentlemen,

Let me conclude with the following: Implementing mentioned strategies would contribute to a resilient information ecosystem that upholds the values of freedom of expression while actively combating fake news, misinformation, and disinformation, which is needed even more these days when deepening polarization at global and national level provides ample ground for fake news that spread hate and anxiety.

The UN system in Kyrgyzstan stands ready to provide expert advice or other support as required and requested.

I wish all of you a constructive, forward-looking, and solution-oriented discussion, inspired by international human rights commitments of Kyrgyzstan, and brokered by our skillful moderator from the Ombudsperson’s Institute!

Thank you.