Tag: azerbaijan

Azerbaijan’s Media Registry leaves media platforms in limbo [Updated January 5, 2023]

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[Update] The first media platform to take State Media Registry into court became the online news site, 24saat.org according to reporting by Meydan TV. The site was refused its registry on the grounds that the activities on the said news website were not regular. The site’s management claims the decision was unlawful. 

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In Azerbaijan according to the new law on media that was adopted in January 2022 and approved by the President in February 2022, all online media outlets as well as journalists working for online media platforms or working as freelance journalists were ought to register with a new media registry system. This media registry system began to operate on October 14, 2022, according to reporting by Turan News Agency. The law itself was heavily criticized by the local civil society prior to its adoption, and many anticipated many of its restrictive features put in practice. AIW published this overview of the law in March 2022 describing some of its most problematic features including the media registry clause.   

According to the new law, Azerbaijan must establish a registry system of online media outlets and journalists working for online media platforms or working as freelance journalists. This and other additional provisions of the law raise a number of questions regarding the compliance of the law with the international standards on media freedom.

Article 62.1 reads that permission from state bodies is not required for setting up online media. But Article 62.2 requires that an online media entity must apply to the relevant executive authority (Media Registry) 7 days prior to the publication or dissemination of the relevant media material.  In other words, while there is no need to apply for creating an online media platform, there is a requirement to apply for a permit once the online resource becomes operational and starts publishing. Article 62.4 requires an additional opinion issued by the State Committee for Work with Religious Organizations before an online media focusing on religion and religious content is set up. In addition, Article 78.3 obligates online media to apply to the Media Registry within 6 months since the platforms become operational.

Article 60.5 requires online media to publish at least 20 articles per day to qualify as an online media platform.

Article 26 obligates the founder of the online media to be a citizen of the Azerbaijan Republic permanently residing in the Azerbaijan Republic. In case the founder is a legal entity, then the highest share (75 percent) in the authorized capital must belong to a citizen (citizens) of Azerbaijan permanently residing in the country.

The Cabinet of Ministers has been instructed to prepare regulation on the provision of registration at the Media Registry within 3 months as per presidential order “on the application of the Law of the Republic of Azerbaijan ‘On Media’ and regulation of a number of issues arising from it” dated February 8, 2022. And Article 60 of the new law requires that online media outlets disclose their organizational information on their respective websites. Article 60.2 also requires online media to register with the tax authorities, and identify and appoint a person responsible for editorial.

Article 26.3 prohibits previously convicted individuals from setting up media platforms. The list of previous convictions is exhaustive including serious or especially serious crimes; crimes against public morality; persons whose convictions have not been expunged or revoked; including political parties (excluding print media); and religious organizations (excluding print media). Prohibiting religious and political organizations from establishing online media is a failure to comply with the international standards on the right to freedom to seek, receive and impart information and ideas of all kinds.

Importance of registering with the Media Registry for online media platforms

The Media Register is an electronic information resource managed by a Media Development Agency which is managed by the Supervisory Board consisting of the Chairman and 6 (six) members appointed by the President of the Republic of Azerbaijan. In order to be registered at the Media Registry as a media entity (subject), a media entity can apply either as a legal entity or as a sole entrepreneur (Article 74).

Article 74.2 sets out a list of requirements journalists must comply with for their inclusion in the registry. These requirements include a degree in higher education as well as another number of different merit-based criteria. Article 74.2.5 requires that journalists obtain and provide an employment contract with a media entity. Individuals or freelance journalists must have a civil contract with at least one media entity registered at the Media Registry in order to be able to register at the media registry.

Those outlets who succeed at registering with the Media Register are issued certificates (which grant access to government events, press conferences and etc.), and journalists are issued press cards (valid for three years and subject to renewal upon request). Media entities, including online media outlets not included in this registry, will not be considered mass media, and subsequently, unable to hire journalists. Also, in case the online media platform is not registered by the registry, journalists who have contracts with these online media platforms, won’t be admitted to the Media Registry and won’t be issued press cards.

Registration with the Media Register is one of the main guarantees for the free operation of media outlets and journalists. For example, according to Article 72.6 of the Law, only media entities and journalists included in the Media Register may carry on with their work during military and/or state of emergency situations, in special operations against religious extremism, and in operations against terrorism.

In the absence of certificates issued exclusively by the register, journalists may also not be allowed to conduct polls on the streets.

These and other requirements as outlined in the law, create additional challenges for freelance journalists working (on contracts) with international media outlets or local online media outlets not registered with the Media Register.

Now, according to Turan News Agency, at least 15 online news platforms have been denied registry. Among them is 24saat.org – a news website that remains blocked in Azerbaijan according to AIW/OONI measurement reports. To bypass censorship, the founders of the website, created a new URL az24saat.org which according to the website’s director Vugar Gurjanly is still accessible. However, in an interview with Turan News Agency, Gurjanly lamented the registration process and getting it denied. Gurjanli believes the decision was not justified and aimed at eventually stopping the news site from working. “Our website meets all the necessary criteria,” Gurjanly told Turan News Agency. According to Article 78.3 of the new Media Law, active mass media must apply to the Agency within six months from the day the Registry starts working. In the event media fails to do so, or the information provided during the registration process is found incorrect the agency has a right to take the media to court. 

Speaking to Azadliq Radio, Azerbaijan Service for Radio Liberty, media law expert, Khalid Aghaliyev said, the currently applied regulations on media platforms trying to register with the Agency are unconstitutional because according to the law, the registration regulations of the new law should apply to the media platforms established after the said law was adopted. “The media that existed prior to the adoption of the law should be registered automatically,” said Aghalyev. 

But this is not the only problem concerning media platforms. The law also demands that the media platform must publish at least 100 news items per week. But the agency already showing a biased approach to this specific regulation. According to Aghaliyev, a number of news sites that were registered have failed to meet the criteria, and yet those that have met the 100 items per week criteria have been denied registry. 

Articles 74.1.2 and 60.5 of the Law, define the criteria of published content as well as what the Media Agency means when it demands a continuity of activities. As such, media platforms applying for registration must demonstrate continuity in their work for at least 20 days a month and publish a minimum of 20 news items per day for their activity to be considered “continuous.” 

Those who have been denied the registry are now planning to appeal in local courts. According to information provided by the Media Agency, it has so far registered 100 media platforms, denied 15, and is reviewing 40 applications.

political activist says he faced pressure by local police after refusing to share his phone password

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A member of D18 political movement, Afiaddin Mammadov, who was arrested on November 11 and sentenced to 30 days in administrative detention said during his appeal court that all the claims about him allegedly breaking a windshield and resisting police were untrue. Instead, he was taken against his will on November 11 by six plain-clothed men and brought to the Main Police Station according to Meydan TV reporting. 

Mammadov also said that police demanded he shared the password for his mobile device and when he refused he was tortured. He was then sentenced to 30 days in administrative detention without any further investigation into the alleged crime he committed. The activist said he was also refused a lawyer.  

According to Meydan TV reporting, Mammadov said in court, that shortly before his detention, he was interviewed by an online news platform Toplum.TV. In the interview, he said he will stage a demonstration less police provided information on the whereabouts of another D18 member, Orkhan Zeynalli. Zeynalli was detained by the local police on November 11 and was sentenced to 30 days in administrative detention on November 12, according to reporting by Turan News Agency. 

During Mammadov’s court hearing despite lawyer Zibeyde Sadighova’s attempts to get the judge to overrule the decision and release the activist as well as provide traffic camera footage to confirm alleged crimes committed by Mammadov and investigate the torture Mammadov faced during detention, none were met. 

Police detains political activist over Facebook posts

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A member of a political movement D18 was detained by the police on November 11. Speaking to the local media the head of the movement Ahmad Mammadli said the activist, Orkhan Zeynalli was taken by the police over his Facebook posts that were critical of the police. 

According to Mammadli, the problem started a month ago when Zeynalli went to the police to file a complaint over a stolen bike [Zeynalli worked as a courier delivering food]. The police offered a different kind of assistance – a fee in an exchange for them to help him find his stolen bike. Zeynalli wrote about this exchange on his Facebook after which police called him in asking to remove the post. They were unaware of his political activism prior to seeing his post on Facebook. 

Assured, Zeynalli hid the post, but a month later, after receiving no news, Zeynalli shared another ironic post about the police force, explained Ahamd Mammadli in an interview with Meydan TV. 

Zeynalli was asked to visit the police station yet again, this time, Zeynalli refused, given there was no official letter from the police. 

That day, Zeynalli went out of his home to fix the electricity outage which according to Mammadli, was caused by the police. “Plain-clothed police officers detained Zeynalli on the spot. Zeynalli’s wife watched all of this happen,” noted Mammadli. Zeynalli was sentenced to 30 days in administrative detention on November 12, according to reporting by Turan News Agency. D18 had another member sentenced to 30 days in administrative detention on November 12 as well – Afiaddin Mamedov – but on what grounds remains unclear.

This is not the first time, political and civil activists are detained by the police over their social media posts. Most recently police detained another political activist, a member of the opposition Popular Front party over social media posts. According to reporting by Meydan TV, Emin Akhundov was briefly detained by the police on October 31 over a post in which he criticized disproportionate police violence against political activists. Akhundov was released the following day. 

 

police briefly detains a member of an opposition party over social media posts

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Police in Baku detained a member of the opposition Popular Front party over social media posts according to reporting by Turan News Agency. Emin Akhundov was taken from his home on October 31 wrote Akhundov’s father on his Facebook. “Extraordinary things are happening in our country. Yesterday evening at around 19.30, two people from the Absheron district police department came to us, looking for my son (Emin Akhundov). I asked what was going on, and they said it was a minor issue, and that my son would be back home shortly.” Emin Akhundov was let go the next day according to members’ statements shared on Facebook. 

It was not immediately clear what post or posts were the cause for Akhundov’s arrest. In a Facebook post, Emin Akhudnov shared shortly after his release, the activist did not share any additional information only that he was released and that he will continue his activism. Other members of the Popular Front Party took Akhundov’s detention as continued pressure against the party, especially in light of the recently organized protest in the capital Baku. 

 

in Azerbaijan a reserve colonel gets jail time

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On October 6, the Baku Military court, sentenced reserve Colonel Elnur Mammadov to six months in prison. The court found Mammadov guilty of slander. Mammadov voiced criticism of the Ministry of Defense on social networks accusing it of cronyism and nepotism. The accusations were also leveled against the Ministry of Defense, Zakir Hasanov. 

According to local media reports, the Ministry of Defense earlier responded to Mammadov’s criticism by refuting the colonel’s claims. 

Mammadov said his arrest and sentence were directly linked to his social media commentary. 

In one of his recent videos, Mammadov said despite his attempts to speak with the Ministry about ongoing nepotism and cronyism within the Army no one listened. Instead, he was dismissed. In its response, the MoD said Mammadov was discharged because of his illness. 

OONI Measurements Report September 2022

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This new OONI report provides an update based on the analysis of OONI measurements collected from Azerbaijan between May 2022 to September 2022. Access to the full report is available here. 

Key findings 

Blocked websites – measures show that at least 7 news media websites previously reported as blocked, remain inaccessible in the country. Among them are Radio Liberty, Azerbaijan Service for Radio Liberty, Meydan TV, and others. In addition, the measurements indicated that the authorities continue to block access to the Russian state-owned RIA-Novosti news site. This access block rolled out in June of this year. On June 4, the Ministry of Digital Development and Transport said in a statement the decision to block the Russian news website was a result of the news site running a story that was of defamatory nature against Azerbaijan. Specifically, the statement was referring to an interview published by RIA Novosti with Artak Beglaryan, the Minister of State of the disputed territory of Karabakh. In response, Azerbaijan Foreign Ministry accused Russia of “spreading slanderous information against the territorial integrity of Azerbaijan and promoting separatism” and violating “the 1997 Agreement on Friendship, Security, and Strategic Partnership between Azerbaijan and Russia, as well as the 2022 Declaration on Allied Cooperation, which requires both countries ‘to refrain from any activity directed against the principles of the UN Charter and each other’s sovereignty and territorial integrity,’ as well as ‘counter the threats of separatism.” On June 10, local media said RIA-Novosti removed the interview however, the site remained blocked in Azerbaijan. 

Since Russia’s invasion of Ukraine, both Russia and Azerbaijan have blocked or discussed blocking each other’s news sites. The most recent OONI measurements show that the Russian internet regulator– Roskomnadzor blocked access to at least five Azerbaijani media domains from within the country. 

Blocking of circumvention tool websites remained. TunneBear, Psiphon, Torproject were among circumvention tool websites that indicated signs of blocking. It is worth noting that not all networks were blocking these sites. And while the Psiphon and Tor Project websites might be blocked in Azerbaijan, their tools appear to work in the country (at least on tested networks).

Azerbaijan temporarily blocked access to the social media platform TikTok – the block remains in place according to the most recent measurement.  

Stay tuned for the next quarterly report on measuring internet censorship in Azerbaijan. 

Facebook user questioned over a Facebook status post

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Seymur Aghayev, a student, said police unlawfully took him to a police station where he was held for some two hours on September 27. The men who first asked Aghayev to confirm his identity were ununiformed explained Aghayev following his release. When Aghayev asked the reason for this inquiry his questions remained unanswered. The men put him in a car against his will and took him to the Baku Police Station. 

“I was standing outside a grocery store when two men approached me, asking if I was Seymur. I told them that was my name. They were plainclothed and only later at the police station did I learn that the two men were the officers at Criminal Search department at the Baku City Police Station. They left my questions unanswered as we drove [to the police station],” Aghayev wrote the following day on his Facebook profile.

At the station, Aghayev was told the reason he was brought in was a Facebook status Aghayev shared about police violence against citizens. 

In an interview with Toplum TV, Aghayev said, the status was referring to an old video of police using physical violence against a citizen. At the station, following the questioning (police officers also asked about his family members, their employment history, and any religious affiliation) Aghayev was forced to remove his Facebook status. 

In its response to media inquiries, the Ministry of the Interior said there was nothing unlawful in Aghayev’s visit to the police. “He was questioned upon an invite. This is not unlawful,” said the Ministry’s media spokesperson in an interview with Meydan TV. 

police detains peace activist. meanwhile activists face restrictions on Facebook [Updated October 24]

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[Update] Speaking to a group of journalists on October 20, activist Ahmed Mammadli said his arrest was ordered by the state and that he was now being sent against his will to complete the compulsory military service less he drops his advocacy around peaceful coexistence between the two nations. The authorities said they would guarantee his safety and allow him to pursue his education abroad if he complied. But Mammadli is defiant and vowed to fight such measures from happening to any activist in the country. “I and our movement, won’t allow for this to happen again,” said Mammadli. “I refused their offer because my values are not for sale,” explained Mammadli to journalists at a press conference held in Baku shortly after his release from detention. 

On September 20, police in Baku arrested a political activist, and the chairman of the Democracy 1918 (D18) movement Ahmed Mammadli. Mamadli was detained by men in non-uniforms and later sentenced to 30 days in administrative detention on bogus charges. The local police claimed Mammadli was arrested on the grounds of resisting the police.

Mammadli was among a handful of civil society activists who made public calls for peace, regarding the recent clashes between Armenia and Azerbaijan. 

In his posts, Mammadli criticized the state for the recent clashes, saying the responsible officials, including the President of Azerbaijan, Ilham Aliyev, should be held accountable. “One day, Ilham Aliyev will answer before the international courts the crimes he committed not only against the Azerbaijani people but also against the Armenian people. The first task of a democratic Azerbaijan will be to punish those who make nations hostile to each other,” wrote Mammadli on September 15. In another post, Mammadli, called the president a “dictator” who had “blood on his hands”.

Mammadli announced he was going on a hunger strike following his arrest.

During the most recent clashes between Armenia and Azerbaijan, the State Security Service blocked access to TikTok.  

Separately journalists from independent news platforms reported attempts to hack into their social media accounts during the most recent clashes due to their critical coverage. Verbal attacks on peace activists and journalists providing critical coverage of the escalations were also documented. Both journalists and activists said their social media accounts were getting temporarily suspended by Facebook as a result of mass (fake) reporting.

Giyas Ibrahim, was among those whose personal Facebook profile was suspended likely as a result of inauthentic accounts mass porting the profile to the platform and abusing the platform’s community standards. Although access to his profile resumed after the 6-day restrictions ended, the activist’s posts continue to be moved lower in the feed. In a notice Ibrahim received from Facebook, the platform claimed, Ibrahim posted something that violated Facebook’s policies.

In a separate case, activist and founder of Azad Soz platform, Tural Sadiqli said Facebook suspended access to his own profile over a post, the platform claimed was in violation of its community standards. The said post was about the story of a man who self-immolated outside a government building that normally provides citizens in need with housing. The rest of the post talked about the reactions of various government institutions including the one outside of which the man set himself on fire. This temporary suspension delayed Sadiqli’s work updating the Facebook page of Azad Soz, a popular anti-government online platform, that Sadiqli administers.

prosecutor’s general office warns online news platform

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On September 22, Aziz Orujov, the director and founder of Kanal 13, an online television platform, was questioned by the Prosecutor’s General office, according to reporting by Meydan TV.  

In an interview with Meydan TV, Orucov said, the Prosecutor’s Office claimed, Kanal 13 published video items damaging the reputation of the Azerbaijani Army, and casting a shadow on the strengthening work of the state’s defense capabilities.

Orujov said the allegations were not true. 

The Prosecutor’s Office issued a warning to the channel’s director, based on the Information, Informatisation, and Protection of Information and On National Security laws. The office also said the channel removed the videos in question.  

online news platform hacked, content and followers removed

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On September 16, Toplum TV, an online news platform had its Facebook page hacked. The hacker accessed the account by hacking one employee’s personal Facebook profile. As a result, the news platform lost 26k of its followers and two weeks’ worth of shared content. 

In an interview with Meydan TV, the platform’s director, journalist Khadija Ismayil said this was not the first time Toplum TV was targeted with a digital attack.

AIW documented the previous attack in November 2021. At the time, the hacking occurred through an SMS interception. In another attack documented in September 2021, Toplum TV reported it lost 16k followers on its Facebook page. 

Ismayil in a Facebook post said, there were suspicions that a similar attempt was made this time around. The admin team is investigating the origins of the hack. 

Access to the page has been restored at the time of writing this post.