On the responsibility of the mass media in a state of emergency

By the decrees of the President of the Republic of Kazakhstan K.K.Tokayev dated January 5, 2022, a state of emergency was introduced in Mangistau, Almaty regions and the city of Almaty.

In this regard, in order to ensure public safety, restore law and order, protect the rights and freedoms of citizens, as well as prevent the dissemination of deliberately false information, the Ministry of Information and Social Development of the Republic of Kazakhstan, which performs the functions of monitoring compliance with the requirements of the legislation of the Republic of Kazakhstan in the field of mass media, notifies that in a state of emergency, the responsibility for violations of the legislation of the Republic of Kazakhstan increases, including the responsibility of the media.

In particular, according to part 2 of Article 456-1 of the Code of the Republic of Kazakhstan on Administrative Offenses (hereinafter - the Administrative Code), administrative responsibility is established for posting deliberately false information in the mass media, on the Internet resource of the owner of the information, on the Internet portal of open data or by other means provided for by the legislation of the Republic of Kazakhstan.

At the same time, according to subparagraph 9) of Article 57 of the Administrative Code, the commission of an administrative offense in the conditions of a natural disaster or under other extraordinary circumstances is recognized as a circumstance aggravating responsibility for administrative offenses. 

Administrative responsibility has also been established for the untimely distribution by TV and radio broadcasting operators and television and radio companies of a signal to alert the population about a threat to life, human health and the procedure for acting in the current situation in natural and man-made emergencies, as well as in the interests of defense, national security and law enforcement, providing for a fine of fifty officials, for small businesses or non-profit organizations - in the amount of one hundred, for medium-sized businesses – in the amount of one hundred and fifty, for large business entities - in the amount of three hundred monthly calculation indices (subparagraph 3) of part 9 of Article 452 of the Administrative Code). 

For actions provoking a violation of law and order or inciting national and religious discord, active obstruction of the exercise by individuals and officials of their legal rights and obligations, or actions violating public order and tranquility of individuals, as well as violation of the legislation of the Republic of Kazakhstan on administrative supervision committed in an area where a state of emergency has been declared, Article 478 of the Administrative Code provides for a fine of forty monthly calculation indices or administrative arrest for up to thirty days. 

The Criminal Code of the Republic of Kazakhstan, in accordance with subparagraph 11) of part 1 of Article 54, recognizes the commission of a criminal offense in a state of emergency and an emergency situation as a circumstance aggravating criminal liability and punishment. 

For example, the dissemination of false information, creating the risk of violation of public order or of substantial harm to the rights and legitimate interests of citizens or organizations or legally protected interests of society or the State, in a status of emergency shall be punished by restriction of liberty for a term from three to seven years or imprisonment for the same term (paragraph 2 of part 4 of article 274 of the Criminal code).

In this regard, the Ministry of Information and Social Development draws the attention of the media, users of social networks and messengers to the need for strict compliance with the legislation of the Republic of Kazakhstan in a state of emergency, to prevent the dissemination of deliberately false information, as well as other illegal information that can destabilize the situation in the country.