Of all neweurasia’s highlighted Central Asian countries, Kyrgyzstan is often known as one of the freest in terms of media and freedom of expression, speech and press. On the Reporters Without Borders 2010 Press Freedom Index, Kyrgyzstan ranks 159/178 – behind Tajikistan (115/178) and just ahead of Kazakhstan (162/178), Uzbekistan (163/178) and Turkmenistan (176/178). Proving its status, Kyrgyzstan is the first country in former Soviet Central Asia to decriminalize libel – a decision hailed by the Organization for Security and Cooperation in Europe (OSCE).

But, it seems the “unconquerable” or “undefeatable” Kyrgyzstan may have blundered its nice media reputation – in curtail electoral time.

Kyrgyzstan will host national elections on October 30th, 2011 and the Central Elections Committee (CEC) very daringly decided to bar web-based media from joining in on the event. According to Human Rights Watch (HRW) and the International Freedom of Expression Exchange (IFEX), while the CEC accredited 40 television and radio broadcasting companies and 103 print publications, 11 online news agencies were denied accreditation.

Humanitarian News quotes CEC spokeswoman Tolgonai Samatalieva saying:

“The Kyrgyz Law on mass media does not regard web-based news agencies as media outlets; that is why they cannot generate revenue from promotion of the candidates.”

HRW and IREX have this to say:

“In the past, online news agencies were accredited for elections under the presidential and parliamentary elections law, which states that candidates may conduct campaigns through “mass media outlets, organizing public events, producing and disseminating print, audio and video and other campaigning materials, and in any other way not prohibited by this constitutional law.””

“It remains unclear why the commission is applying the same law differently this time to exclude the online news agencies.”

The Index on Censorship says some NGOs claims the bar “restricts citizens’ access to information”.

Here’s a blurb on freedom of expression in the Kyrgyz state by HRW:

“Freedom of expression is a basic human right. Article 19 of the International Covenant on Civil and Political Rights (ICCPR) guarantees all individuals the “freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media.” Article 31 of the Kyrgyz Constitution also guarantees “freedom of expression, freedom of speech and print.” These provisions are also included in article 114 of the rules of the parliament, which says that the parliament should not adopt laws that limit freedom of speech and press.”

Global Voices blogger Altynbek Ismailov highlights some comments shared by others:

Adam wonders [ru]:

“Then what about websites of the political parties and blogs of the candidates? What is their difference from “news agencies”?”

“Web-based news agencies have more freedom of speech; they do not want to lose it, or to have problems with government, like printed media usually do. However, it is more an indicator of the lacking freedom of speech in Kyrgyzstan, rather than of technical problems with registration of news agencies”

Leader of the ‘Butun Kyrgyzstan’ party Adahan Madumarov agrees [ru]:

“Among all publications, web-based news agencies are the most independent. That is why there are serious attempts to bar them from participating in agitation campaigns.”

KirTAG (Kirghiz Telegraph Agency) quotes Adil Turdukulov, on progress in Kyrgyzstan, regarding how the ban violates the rights of voters and candidates to participate in the campaign:

“We are against the CEC decision to ban the CD media outlets to participate in the campaign. The ban restricts the right of voters to receive information, but also limits the presidential candidates in communicating their views to voters.”

“We can not restrict this functionality. The presidential election is one of the major events in the country, and not affect the right of voters to receive comprehensive information about the electoral process, which can only provide information agencies.”

When KirTAG requested a press conference with Omurbek Tekebayev, Chief proponent of the enactment, he rejected – saying its best to:

“carry out these laws quietly, peacefully, without bringing them to the special attention.”

Regarding the Internet limitations, Hugh Williamson, Europe and Central Asia director at HRW, said:

“In this day and age it’s strange to exclude online coverage in this way.”

“The election commission’s decision will put voters at a big disadvantage in getting timely information about the election.”

Tuigunaaly Abdraimov, CEC Chief, sent a request to the parliamentary Committee on the Constitutional Legislation, Government, Legality and Local Government on August 13th regarding clarification on article 1 of the Law on Mass Media and paragraph 4, part 13, article 22 of the constitutional Law on Presidential and Parliamentary Elections. 24.kg news published the reply, which is signed by Galina Skripkina, head of the Parliamentary Committee.

On August 16th, 24.kg news received a response, which is signed by Galina Skripkina, head of the Parliamentary Committee. Some of the letter reads:

“… the definition “Internet” doesn’t apply to the mass media. Alongside with that the “Internet” is the source of the information (verbal, sound, visual) which is used today as one of form of circulating distribution of the mass information.”

“… paragraph 4, part 13, article 22 of the constitutional Law on Presidential and Parliamentary Elections envisages other forms of the agitation and doesn’t have norms banning publication of agitation materials on web-sites…”

“Alongside with that the Committee notes that Internet-sites, registered in the Ministry of Justice of the Kyrgyz Republic pursuant to the order established by the law, have right to be accredited by the Central Commission for Elections and Referendums of the Kyrgyz Republic.”

“Consequently, web-sites being not registered in the Ministry of Justice as the mass media are not being accredited by the Central Commission for Elections and Referendums of the Kyrgyz Republic. Though they together with other mass media have right to participate in publication of agitation and news materials by virtue of the contract concluded with candidates for the president of the Kyrgyz Republic and their authorized representatives…”

Global Voices says that pre-election campaigning will begin on September 25 – but will the Internet be involved? Let’s be very careful not to forget about online media – amid a slew of important questions many are wondering about and that The Times of Central Asia is mentioning:

“Will the election be peaceful? Will the country become  divided between North and South? Who will get Russia’s support? Will Prime Minister Almazbek Atambayev use state administrative resources to back up his candidacy? How will the Uzbek community vote?”