Azerbaijan may end up blocking more online content

Four months ago, the Plenum of the Supreme Court in Azerbaijan annulled previous court decisions issued by the Courts of Appeal and Cassation regarding five news websites that were blocked in 2017. On June 5, the Plenum sent the cases back to the Baku Court of Appeal for reconsideration.

The five media platforms include Meydan TV, Azadliq Radio [Azerbaijan Service for Radio Free Europe], Turan TV, Azerbaijansaadi, and Azadliq newspaper [not related to Azadliq Radio]. In March 2017, the Ministry of Communication [which later became the Ministry of Transportation, Communication, and High Technologies] restricted access to these online resources on the grounds these websites’ content was threatening national security and promoted “violence, hatred, or extremism” and “violated privacy or constituted slander.” The forensics carried out by an independent organization Virtual Road showed evidence of Deep Packet Inspection (DPI) technology used to interfere with access even before there was a court ruling in place. By May 2017, the Ministry had a court ruling to block access. In December 2017, the Court of Appeal in Baku upheld the court ruling from May.

The blocking of these news resources came shortly after the National Parliament of Azerbaijan adopted changes to the law on Information, Informatisation, and access to Information. With the new changes, authorities were allowed to block access to any website on the grounds it contained prohibited information, was posing danger to the state or society, and in the case, the website owner failed to remove content within eight hours of receiving the notification.

In 2017, the Ministry asked for the following in its court appeal:

  1. court order to prevent access to five platforms’ websites;
  2.  block all other resources offering access to the content (this included YouTube, Facebook, and other online resources);

In its decision, the Sabail Court ruled in favor of the first request, leaving the second demand out. The Ministry was satisfied and blocking became effective immediately. 

Three years later, the Ministry of Communication, Transportation, and High Technologies went straight to the Plenum.  According to media law expert Khaled Aghaly, the reason is that the Ministry wants to expand blocking. Considering the experience with the previous court decisions and rulings in Azerbaijan, the chances of the court ruling coming out in favor of the blocked websites are dim. 

Although the Ministry has not explicitly mentioned any of the platforms or names of other resources that have shared content from these blocked news outlets, Aghaly explains that in the new complaint the Ministry claims that the blocked news resources continue to share their content online using other “resources” and that other media platforms also share the content from these blocked platforms. It is possible that the Ministry is looking for ways to not only prevent access to more online news sites but also, access to social media platforms of Azadliq Radio, Meydan TV, and others.

Can individual social media accounts and/or content be blocked? 

Technically it can. There are previous instances where Facebook did limit access to certain content. This was the case in Thailand in 2017 when Thai users of the social media platform no longer had access to a video that showed the country’s king at a mall in Germany, his tattoos exposed and accompanied by one of his mistresses. According to this Vice story, Facebook blocked the video based on Thailand’s government legislation that deems it insulting to the king and in violation of the country’s laws banning criticism of the monarchy. 

Another option to prevent access is on an ISP level. An example would be what happened in Kazakhstan in 2019 when the government there instructed local ISPs to force their users into installing a government-issued certificate on all their devices, and in every browser. With this certificate installed, the government had access to users’ HTTPS traffic that normally would keep it anonymous. In case, users refused to install the certificate, they were blocked from accessing the internet altogether. At the time, the Kazakh Ministry of Digital Development Innovation and Aerospace said the measure was “aimed at enhancing the protection of citizens, government bodies and private companies from hack attacks, internet fraudsters and other  types of cyber threats.”

Similarly, “mobile service providers instructed their customers to install encryption software on mobile phones that would allow security services to intercept data traffic and circumvent email and messaging applications’ encryption.”

It is worth noting that ISPs in Azerbaijan are bound to the government for the main internet backbone provider in Azerbaijan is government-owned Delta Telekom. In addition, the history of collaboration between mobile operators and the Ministry of the Interior is full of examples when private information of customers was handed over and as a result, led to further targeting. 

Impunity for all these user violations is rampant.