21DOI: 10.24412/2181-1385-2022-2-374-378
FREEDOM OF SPEECH IN UZBEKISTAN: REFORMS IN NATIONAL
MEDIALANDSCAPE
Because of the impact of the digitalization process on the global media landscape, freedom of speech is being recognized as a worldwide right. The present paper will study the last reforms on freedom of speech in the Uzbek media landscape based on various legal dimensions. It considers that national norms on freedom of expression are being developed according to the international legal documents for ensuring human rights, especially new trends of the marketplace of ideas as media freedom, digital freedom, and journalists' safety in the country at the level of global standards. Changes in national legislation to enhance the media's role in deepening democratic reforms during 2016-2021 were studied.
Keywords: cyberspace, digital freedom, freedom of speech, international norms, national legislation, press freedom
The flash development of information and communication technologies has changed people's attitude toward human rights, especially the right of freedom of speech, "global political behavior - enhancing press freedom," digital freedom, and journalists' safety. Considering that the information age, which we live in, is reshaping the global media landscape and its paradigms, it will be more evident that freedom of speech is advancing with modern trends, such as media freedom and media pluralism transparency, etc.
"Freedom of speech is widely held to be a moral right, and almost as widely recognized as a legal right" (11, 5). Several reasons can prove freedom of speech as moral, given by God as human's right to live, think, dream, etc. Anyone or any political or social power can not prohibit moral rights, especially, freedom of speech of the citizen or non-citizen. "Freedom of speech which is used interchangeably with "freedom of expression" (6, 156), is protected by state laws and international norms, and this feature demonstrates it as a legal right. Benjamin Franklin wrote, "Freedom of speech is a principal pillar of a free government: When this is taken away, the constitution of a society is dissolved"
Mukarram Otamurodova
Ph.D. candidate, UzJMCU
ABSTRACT
April, 2022
National University of Uzbekistan Volume 3 | NUU Conference 2 | 2022
Google Scholar indexed Current Issues of Social Sciences and Humanities
Like other developing countries, the Republic of Uzbekistan has chosen the way of liberalization in any sphere of national policy and society, and the intensive reforms of the years 2017-2021 could lead this process to highly appreciated results such as improving human rights records. Since President Shavkat Mirziyoyev took power in December 2016, a deep understanding of the role of freedom of speech in developing democracy by the Leader of the country this fundamental right considered a necessary condition for the realization of the principles of transparency and accountability of the government. Action Strategy implementation outcomes on five Priority development areas of Uzbekistan 2017-2021 Factbook (3, 26) shows that 548 press services have been created in ministries and departments, local authorities, and influential organizations to ensure transparency and openness of government agencies.
On December 29, 2020, President Mirziyoyev supported media freedom in his annual address to parliament, saying, "It should be especially noted that the mass media, along with objective coverage of the large-scale changes taking place in our country, draw the attention of government agencies and the public to the urgent problems on the ground and encourage leaders at all levels to solve these problems. Today, they are increasingly becoming the „fourth power'" (16). These words can prove that the government's attitude is changing toward media outlets and journalists and trying to create a comfortable infrastructure for them, improving state legislation on media according to the international norms.
According to Article 29 of the Constitution of the Republic of Uzbekistan, "everyone has the right to seek, acquire and disseminate any information." It proves that "each citizen has a right to investigate, acquire and disseminate all kinds of information except against the current constitutional order as well as other limitations provided by the law" (2, 15). Article 67 of the Constitution further provides that "the mass media is free and act in conformity with the law. They bear liability under the established procedure for the truth of information. Censorship is not permitted." All media outlets, including national services of international mainstream and digital media, have the right to act free for covering issues and events in Uzbekistan. Besides, over 20 legal documentations are exercised by the government to strengthen the legal protection of media outlets, publishing houses, information agencies, including the professionals of these organizations.
Rapid technological and economic transformations impact every "corner" of any society or state regardless of geographical location, national policy, military opportunities, and international cooperation approaches. The influence of these factors on the right of freedom
April, 2022
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DOI: 10.24412/2181-1385-2022-2-374-378
of speech and its implementations is considered a root of new trends such as media freedom, media pluralism, media independence, the safety of journalists, and digital freedom in cyberspace.
The establishment and activities of all types of media, both national and international (press, TV, radio, news websites, blogging, and vlogging) in the Republic of Uzbekistan, are controlled by the Republic of Uzbekistan. "The Law on Mass Media (Mass Media Law), adopted by the Uzbekistan Government in January 2007, and subsequently amended in April 2018, for its compliance with international freedom of expression standards" (12). Laws "on publishing activities" of 30.08.1996, "on the protection of professional occupation of journalists" of 24.04.1997, and "on guaranties and free access to information" is exercised by government and citizens. They act free and legally in investigating, acquiring, analyzing, transferring, and disseminating any information. These norms forbid the harassment of journalists who publish critical and analytical articles. In addition, "journalists must comply with laws "on advertising" and "on copyright and allied rights." Article 20 of a newly passed law "on anti-terrorist effort" regulates the activities of journalists reporting from the sites of armed conflicts" (2, 15). Development of these legal documents on providing the right of freedom of speech, access to information, and security of individuals and state, with the modern requirements of the century, is considered an important trend in the further liberalization of mass media.
The dynamic changes of the global and local media landscape call political actors more careful with legislation and improve or edit laws of the state that regulate information and the mass media sector. In this regard, the government of Uzbekistan is strengthening the legal protection of its information policy with new laws and editing old ones. Law "on the protection of the professional occupation ofjournalists" was adopted by the Government of the Republic of Uzbekistan in April 1997 and amended in April 2018, which is reshaped again with new additions that make obvious some issues of professional activities of journalists in digitalizing age. Law "on advertising" is followed as a main regulating document for creating and announcing all kinds of advertisements in the country on broadcasting, via the Internet or in the press, edited 15 times (15) from December 1998 until April 2021. Besides, during his welcome speech to press and media workers, the President noted that "over the past years, to strengthen the relevant regulatory and legal framework, 12 acts of legislation were adopted; the media sphere and the system of information services are being radically updated" (16).
Changes of the national legislation on Mass Media:
April, 2022
DOI: 10.24412/2181-1385-2022-2-374-378
• The government and citizens follow over 20 norms based on the Constitution of the Republic of Uzbekistan for regulating and protecting the right of freedom of speech and mass media.
• During the 2017-2021 years, legislation on Mass Media has been improved by 12 new acts.
• The Mass Media Law contains some positive features, such as providing for the protection of media freedom, protection of sources, and the right of access to information;
• "The Mass Media Law engages several international human rights provisions that form the basis of the legal analysis in some section. This section identifies those international human rights provisions that are most relevant to the protection of freedom of expression and in particular the broadcasting regulations"
Finding a balance that aligns to international standards is not widely event, but our President claimed national efforts on supplying this fundamental right during the 72nd session of the United Nations: "...The human rights situation has also completely changed. Forced and child labor was fully abolished. The National Human Rights Strategy was adopted. As a result of our large-scale political, social, and economic modernization measures, a new Uzbekistan is formed. Today, the process of democratic transformations in our country has become irreversible. Last year's parliamentary elections demonstrated the growing political activism of the population and parties, the role of civil society institutions, and the influence of the media" (10). These words of the President prove that Uzbekistan is on the way to providing the right of freedom of speech absolutely to strengthen its civil society and democracy.
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DOI: 10.24412/2181-1385-2022-2-374-378
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