Questions related to Kyrgyzstan
What was the year (1994, 1999, 2004) that Kyrgyzstan ratified the International Covenant on Civil and Political Rights (ICCPR), committing to protect and promote the human rights of all citizens?
Kyrgyzstan ratified the ICCPR and committed to ensuring and fulfilling human rights in Kyrgyzstan in 1994.
Jean Jacques Rousseau, the great philosopher and writer of his times, said, “Man is born free, but he is everywhere in chains.” By this he meant that though ‘freedom’ is a person’s birthright but society puts numerous restrictions on a person. And, the great French historian and writer, Voltaire replied to him, saying, “It is hard to free fools from the chains they revere.” What do you think can help in freeing these fools from the chains they revere?
"Enlightenment" (education) can only be beneficial to uneducated people because an ignorant person is more likely to fall under the influence (chain) of others.
Both international law and most national constitutions recognize that freedom of expression is not absolute and can be limited. Specify the conditions that must be met for a legitimate restriction on freedom of expression under Article 19(3) of the ICCPR?
- the interference must be provided for by law.
- the interference must pursue a legitimate aim exhaustively set out in Article 19(3).
- the restriction must be necessary to secure one of those aims.
This legal requirement in defamation suits was established by the U.S. Supreme Court in 1964 in New York Times v. Sullivan to promote good faith public debate. In 2023, Fox News had to pay $787.5 million dollars to Dominion Voting Systems. What legal standard was proved in the lawsuit against Fox, which has been in effect in the U.S. since the Sullivan case?
The “actual malice” standard in New York Times v. Sullivan was established to protect criticism essential to democracy. And it ensures that only those who knowingly or recklessly lie about matters of public concern are liable.
What is the difference in the applicability of the European Court of Human Rights (ECtHR) and UN Human Rights Committee (UN HRC) decisions to Kyrgyzstan?
Individuals can appeal to UN HRC about human violations in Kyrgyzstan. However, individuals cannot appeal to the ECtHR because Kyrgyzstan is not a member of the Council of Europe. At the same time the jurisprudence of the ECtHR on media freedom is an important model of the application of the right to freedom of expression.
In 2019, writer Jean Carroll alleged that Donald Trump sexually assaulted her in 1996. Trump himself accused Carroll of lying and said he never knew her personally. Then she filed two lawsuits for sexual assault and defamation. In 2024, the court granted the her claims and ordered Trump to pay $83.3 million dollars. Please identify THIS movement that according to Carroll inspired her to publicly expose Trump's sexual assault?
The #MeToo movement. The trial of Ms. Carroll’s accusations against Mr. Trump played out in the courtroom almost as a clash of two eras – the time before the #MeToo movement, and the time after.
What scandal in the UK led in 2011 to the closure of Rupert Murdoch's News of the World, a newspaper that had existed for 168 years?
The phone hacking scandal. It revealed that the newspaper's journalists hacked into the phone records of celebrities, politicians and members of the British royal family. In July 2011 it was revealed that the phones of murdered schoolgirl Milly Dowler had also been hacked.
What are 2 rules regarding the regulation of broadcasters that were introduced in the United States by the Federal Communications Commission's (FCC) decision in 1949 under the Fairness Doctrine (this ruling was repealed in 1987)?
1) Broadcasters must report on matters of public interest
2) Broadcasters must provide reasonable opportunity for discussion of opposing viewpoints
In 2023 the UN Human Rights Committee ruled that in 2017 lawsuit filed by the Prosecutor General (in defense of the honor and dignity of the then President Almazbek Atambaev) the Kyrgyz national courts violated journalist Dina Maslova's right to freedom of expression. Please provide the name of the organization that, on behalf of Dina Maslova, filed an individual complaint with the UN Human Rights Committee?
In 2018, lawyers of the Media Policy Institute filed an individual complaint on behalf of Dina Maslova with the UN Human Rights Committee that the restrictions imposed by the courts were not proportionate and necessary in a democratic society.
Please identify at least 3 factors that may affect journalistic autonomy when producing news content?
● Personal identity (a number of studies have suggested that gender, age, education, and personality traits contribute to differences in news content)
● Threats and intimidation (violence and intimidation harm free speech in general)
● Low salaries (imply relatively low professionalism among reporters)
● Routine influence (the limitations of relying on official sources)
● Social media and search engines (the algorithmic selection process is usually opaque to news publishers and the public (who both rely on it), and the algorithmic selection results (profit driven) have the potential to expose the public to lower-quality news (content that elicits strong emotions etc.)
● Ownership (power and profit-driven values; media concentration generally limits variety, creativity and quality)
● PR and Ads
A special 6-part test was developed under the umbrella of the UN within the framework of the Rabat Plan in 2012. It serves to determine the level of hate speech severity and the legitimacy of the prohibition of such speech. The test includes for example these 3 criteria: a. The content of the statement; b. The degree and significance of the statement; c. Likelihood of causing harm to the object. Please provide 3 remaining criterions?
d) the author of the statement
e) the context of the statement
f) the intent
The European Court of Human Rights in Goodwin v. UK (1996) called the press a ‘watchdog’ for the people. The Court ruled that this function would be put in danger if journalists could be forced to reveal their sources. Provide us with the brief facts of the case.
William Goodwin was leaked information about the finances of a software company. He wrote an investigative piece in which he concluded that the company was misleading its shareholders and the public by withholding this information and publishing unreasonably positive financial statements.
Kyrgyzstan's legal system is based on the Roman-Germanic Law System. Please provide at least some of the sources of law in Kyrgyzstan.
The development of the system of sources of law began with the adoption of the first Constitution of the Kyrgyz Republic in 1993. In Kyrgyzstan, Constitution occupies a dominant position in the system of sources of law. One of the main sources of law are norms of international law and international treaties. Other sources of law are Codes, Laws, Decrees, by-laws etc.
Strategic litigation against public participation (SLAPPs) engage abusive litigation tactics, including (but not limited to) exaggerated or unfounded claims for moral damages, and libel tourism. In that respect what do you think libel tourism is?
Libel tourism is a term that refers to the practice of plaintiffs filing lawsuits in courts that they believe are most likely to render a favorable decision. For example, libel laws in England and Wales may be considered more favorable to a plaintiff than in other jurisdictions.
In March 2020, South Koreans received texts from government stating the following: “A 47-year-old resident of the Novonggu neighborhood in Seoul tested positive for coronavirus. He attended a sexual harassment prevention training in Maphogu district where he came in contact with an instructor who was contagious.” What human right was violated in this case?
The right to privacy
In Brandenburg v. Ohio, a Ku Klux Klan leader addressed a crowd at a local Klan rally that "...if our President, our Congress, our Supreme Court, continues to suppress the white, Caucasian race, it’s possible that there might have to be some revengeance taken.” Please provide us with the Brandenburg test that was established by the US Supreme Court when considering the case?
The Court established the test to evaluate speech acts: (1) speech can be prohibited if it is "directed at inciting or producing imminent lawless action" and (2) it is "likely to incite or produce such action."
On February 9, 2024, the Oktyabrsky District Court of Bishkek satisfied the motion of the Bishkek Prosecutor's Office to liquidate Kloop Media on the grounds that the foundation's charter allegedly did not include media activities in its charter. What additional far-fetched ridiculous claims did the Bishkek Prosecutor's Office bring against Kloop Media?
The Bishkek prosecutor claims that the materials of Kloop Media are "negative in nature, aimed at discrediting representatives of state authorities and local self-government bodies.” This argument directly indicates that the purpose of the restrictions applied to Kloop is to shield the current government from criticism, which is unlawful by international standards.
One of the rights enshrined in the English Bill of Rights of 1689 became the basis for a now important parliamentary rule relating to freedom of speech. Please identify this norm?
Parliamentary privilege. It allows MPs to speak freely and ask questions during parliamentary hearings without fear of prosecution
“That the facts stated or implied in it were false” and “That the plaintiff was harmed.” - These are two circumstances, that a plaintiff must prove to win a case in the US courts. Please state two remaining circumstances, other than the legal standard from the “New Your Times v. Sullivan”.
“That the allegedly defamatory statement(s) conveyed facts (as opposed to pure opinion);” and “That the statement was communicated to others”
In Von Hannover v. Germany (2004), the ECtHR established a test that balance the right to respect for private life against the right to freedom of expression which includes: how well known is the person concerned and the subject matter of the report; the prior conduct of the person concerned; content, form and consequences of the publication; the circumstances in which the photos were taken. This test is missing one essential criteria, please identify it?
The contribution to a debate of public interest