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Legal reviews

  • Recommendations on the notion of the online medium as spelt in the Law of the Republic of Kazakhstan of 23 July 1999 No 451-1 “On Media”
    The recommendations on streamlining the notion of the online medium, as spelt in the Law of the Republic of Kazakhstan of 23 July 1999 No 451-1 “On Media” in line with international standards in the sphere of freedom of expression suggest providing in the national legal framework a number of criteria which help identify media resources from any other non-journalistic resources. The expert also suggests reference to the principle of net neutrality for the comprehension of the new notion of the media, as well as establishing varying types of regulation for the ‘press’ and audiovisual media (online). The text of the recommenadations is only available in Russian.
    Legal document
    24 November 2017
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  • Analysis of the draft law amending the Macedonian Law on audio and audiovisual media services
    This analysis of the draft law amending the Macedonian Law on audio and audiovisual media services was commissioned by the Office of the OSCE Representative on Freedom of the Media from Prof. Dr. Katrin Nyman Metcalf, Chair of Law and Technology of the Tallinn University of Technology, Expert on Communications Law.
    Legal document
    15 November 2017
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  • Legal analysis of the draft law “On Changes to Some Legislative Acts of Ukraine on Countering Threats to National Security in the Information Sphere”
    The legal analysis of the draft law “On Changes to Some Legislative Acts of Ukraine on Countering Threats to National Security in the Information Sphere” was commissioned by the Office of the OSCE Representative on Freedom of Media and carried out by Dr. Joan Barata Mir, independent media freedom expert from Spain. The analysis notes some problematic areas in the draft law with regard to freedom of expression, such as a lack of judiciary oversight and due process regarding decisions affecting access to and dissemination of content, and offers a number of recommendations that would ensure compliance of the legislation with the OSCE commitments and international standards.
    Legal document
    18 October 2017
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  • Commentary on certain provisions of the law of the Kyrgyz Republic “On guarantees of activities of the President of the Kyrgyz Republic”
    The commentary on certain provisions of the law of the Kyrgyz Republic “On guarantees of activities of the President of the Kyrgyz Republic” was commissioned by the Office of the OSCE Representative on Freedom of Media to Dmitri Golovanov, expert in international media freedom standards and Kyrgyz media law and legal counsel at the LLC “Bum” in Moscow, the RF. The commentary includes recommendations aimed at avoiding the ambiguous status of the normative legal act. Available only in Russian.
    Legal document
    22 September 2017
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  • Comments on the Initiative of the Prime Minister of Georgia to Establish the Office of the Media Ombudsman
    On 6 March 2017 the Prime Minister’s Office of Georgia made an official announcement on the initiative to establish the Office of Media Ombudsman, inviting international media observers and international media experts for cooperation. This text, commissioned by the Office of the RFOM, and prepared by Dainius Radzevicius, Chairman of the Lithuanian Journalists Union and independent media law expert, was requested by the government of Georgia. The text is based on a visit by Mr. Radzevicius to the country on 1-2 May 2017 and covers, not only the analysis of the legal framework of Georgia, but actual practices in the area of press regulation and self-regulation.
    Legal document
    10 August 2017
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  • Legal Review of the Draft Law on Better Law Enforcement in Social Networks
    The Office of the OSCE Representative on Freedom of the Media commissioned this legal analysis of the draft law On Better Law Enforcement in Social Networks (NEA), from Prof. Dr. Bernd Holznagel LLM, Director of the Institute of Information, Telecommunications and Media Law (ITM) at Münster University in May 2017. The analysis was sent to the German authorities on 19 May 2017. Prof. Dr. Holznagel was invited to a public deliberation at the German federal parliament (Bundestag) to present his findings. This review was published on the OSCE website on 1 August 2017 following the appointment of the OSCE Representative on Freedom of the Media, Harlem Désir.
    Legal document
    1 August 2017
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  • Legal review: The Rules of Access for Visitors to the Premises of the Supreme Court of the Republic of Kazakhstan
    Legal review of Kazakhstan’s "The Rules of Access for Visitors to the Premises of the Supreme Court of the Republic of Kazakhstan, Local Courts of the Republic of Kazakhstan, and the Department of Court Maintenance at the Supreme Court of the Republic of Kazakhstan (Staff of the Supreme Court of the Republic of Kazakhstan) and Its Local Departments". The review was conducted by Sergei Chizhkov, Senior Researcher, Institute of Philosophy of the Russian Academy of Sciences and Executive Director, Guild of Russian Court Reporters. Available only in Russian.
    Recommendation
    30 March 2017
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  • Legal analysis of the draft law On Amendments to the Law of the Republic of Kyrgyzstan on Mass Media
    A legal analysis of the draft law On Amendments to the Law of the Republic of Kyrgyzstan on Mass Media, passed in a first reading by the Jogorku Kenesh on 22 June 2016. Commissioned to and carried out by Galina Arapova, Director of the Centre of Protection of Media Rights.
    Recommendation
    29 September 2016
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