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Location: Kyrgyzstan
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Kyrgyzstan
2020
LEOM
Parliamentary
elections
Consideration should be given to banning the broadcasting of campaign material within news and current affairs programmes. Additionally, consideration could be given to require that paid political content is clearly and consistently identified as such.
Recommendation # in final report:
5
Type of recommendation:
Priority
Thematic area:
Media
Secondary thematic area:
Campaign
Type of change required:
Legal
Status of implementation:
Partially
Year of assessment:
2021
Final report heading:
Media
Kyrgyzstan
2020
LEOM
Parliamentary
elections
The Criminal Code should be revised to clearly define incitement of national (inter-ethnic), racial, religious or interregional enmity, in line with international standards as well as key terms of the law, such as hatred, discrimination, hostility, and violence..
Recommendation # in final report:
20
Type of recommendation:
Other
Thematic area:
Media
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2021
Final report heading:
Media
Kyrgyzstan
2020
LEOM
Parliamentary
elections
The legislation should prioritize the use of non-pecuniary remedies in defamation and insult cases, and a ceiling should be set for awarding damages that should take into account actual harm proven by the plaintiff as well as any redress already provided through non-pecuniary remedies. The plaintiff should bear the burden of proving the falsity of any statements of fact on matters of public concern. Articles 4 and 18 of the Law on Guarantees for Activity of the President should be abolished to ensure that the reputation of the president is protected without undue privileges.
Recommendation # in final report:
21
Type of recommendation:
Other
Thematic area:
Media
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2021
Final report heading:
Media
Kyrgyzstan
2020
LEOM
Parliamentary
elections
Special accreditation requirements for media outlets should be reconsidered as it creates unnecessary obstacles for media, potentially limiting the amount of information available to voters.
Recommendation # in final report:
22
Type of recommendation:
Other
Thematic area:
Media
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2021
Final report heading:
Media
Kyrgyzstan
2020
LEOM
Parliamentary
elections
All institutions, including the CEC, could commit to maintaining reasonable access to all types of media by contestants to enhance freedom of expression.
Recommendation # in final report:
23
Type of recommendation:
Other
Thematic area:
Media
Secondary thematic area:
Election Administration
Type of change required:
Practice
Status of implementation:
Partially
Year of assessment:
2021
Final report heading:
Media
Kyrgyzstan
2020
LEOM
Parliamentary
elections
Public and state broadcasters should make greater efforts in their news and current affairs programmes to provide impartial and balanced editorial coverage of the campaign activities of contestants, thus helping voters to make informed choices.
Recommendation # in final report:
24
Type of recommendation:
Other
Thematic area:
Media
Secondary thematic area:
Media
Type of change required:
Practice
Status of implementation:
Not implemented
Year of assessment:
2021
Final report heading:
Media
Kyrgyzstan
2021
Early election
LEOM
Presidential
The Criminal Code should be amended in order to provide clear definition of what constitutes “incitement of national, racial, religious or interregional enmity”, limiting prosecution only to cases that incite discrimination, hostility or violence, as defined in the ICCPR. Limits for damages asserted in defamation and libel cases should be introduced, taking into consideration only actual harm proven by the plaintiff.
Recommendation # in final report:
6
Type of recommendation:
Priority
Thematic area:
Media
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2021
Final report heading:
Media
Kyrgyzstan
2021
Early election
LEOM
Presidential
The legal definition of electoral campaigning should be amended, so that it does not prevent media from editorial coverage of the campaign. The system of accreditation of media outlets, as a pre-condition for selling political advertisement, should be cancelled.
Recommendation # in final report:
7
Type of recommendation:
Priority
Thematic area:
Media
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2021
Final report heading:
Media
Kyrgyzstan
2021
Early election
LEOM
Presidential
The Referendum law should be amended in order to provide for clear referendum campaign regulations and mechanism for allocation of free airtime for referendum groups. Any gaps and inconsistencies in the legislation should be regulated by the CEC to facilitate informed choice of voters.
Recommendation # in final report:
18
Type of recommendation:
Other
Thematic area:
Media
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not evaluated
Year of assessment:
2021
Final report heading:
Media
Kyrgyzstan
2021
Early election
LEOM
Presidential
To exclude potential confusion regarding the nature of the content, paid political advertisements in the media should be clearly marked, indicating the name of those who ordered the advertisement. Airing paid political advertisements within the news and current affairs programmes should be prohibited.
Recommendation # in final report:
19
Type of recommendation:
Other
Thematic area:
Media
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Partially
Year of assessment:
2021
Final report heading:
Media
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