media development agency wants another website blocked

According to reporting by Meydan TV, the Media Development Agency (MEDİA) has filed a lawsuit to block the news site “Anaxeber.info.” The website’s editor-in-chief, Azer Talibov, told Meydan TV that the blocking request is linked to the website’s critical reporting covering corruption, government misconduct, and social issues. He claimed that despite multiple requests from the Media Agency and other institutions to remove specific articles, he refused, and this legal action is a form of retaliation. He also mentioned that he did not register with the Media Registry.

Previously, the Media Development Agency had taken similar actions against other websites. On November 14, 2023, the “dia.az” website was blocked, followed by “teref.info” and several others, based on Baku Court of Appeals rulings.

Azerbaijani lawmakers passed the controversial law on media in December 2021. It came into force in 2022. As part of the law, authorities introduced the Media Registry in September 2022, which sparked protests from independent media outlets, journalists, and editors who feared the registry would have grave consequences on media freedom in a country with rampant censorship. 

Critics of the draft law worried the new legal document would seriously threaten media freedom, including online media resources, as it contains provisions granting a discretionary power to the state to regulate media excessively, especially online media, as well as introduce further restrictions on journalists’ work, media companies, and relevant entities. Critics were also vocal about the absence of a broad and meaningful public consultation of the law before its adoption. 

As part of the new law, a registry system for online media outlets and journalists working for online media platforms or working as freelance journalists was envisioned. This and other provisions of the law raised several questions regarding the compliance of the law with the international standards on media freedom.

The Venice Commission issued a negative opinion on the law, and a group of Azerbaijan journalists and media leaders filed a lawsuit with the Constitutional Court of Azerbaijan in 2023, arguing that the law contradicts Azerbaijan’s Constitution and the European Convention on Human Rights. The Constitutional Court has yet to review the case.

The first time Talibov’s website was blocked was in 2018 when the website existed under a different URL – Anaxeber.az. Despite Talibov’s attempt to challenge the decision, he was unsuccessful. In the same year, access to “Az24saat.org” and “Xural.com” were also blocked.

On June 13, 2024, the ECHR ruled in favor of four blocked media outlets, finding that their blocking violated their right to freedom of expression. The court ordered the Azerbaijani government to pay each applicant €5,000 in compensation, but Talıbov claims that the compensation has not yet been paid.

The practice of blocking of websites in Azerbaijan began in 2017 with the blocking of “Azadlıq” Radio (azadliq.org), “Azadlıq” newspaper (azadliq.info), Meydan TV (meydan.tv), Turan TV (turan.tv), and “Azərbaycan Saatı” (azerbaycansaati.org).

At the time, the authorities argued the reasons for blocking these websites were, calls aimed at “forcible change of the constitutional order,” “organization of mass riots,” and other illegal activities. These websites were considered independent and/or platforms affiliated with opposition parties. As a result, the decision to block them was based on legal claims that lacked evidence. This was further reflected in the review process when the decision to block these platforms was implemented. According to EHRAC, “no effective and independent review took place in the first instance decision to block access to the websites in 2017, and in subsequent appeals. The courts accepted the authorities’ allegations at face value and did not attempt to consider or explain adequately why the content was unlawful.”

The intentions behind the blocking decision were further reflected in subsequent actions by the Government of Azerbaijan against the online platforms. Such that, at the time of the first decision to block these websites for access in 2017, the Azerbaijani Government claimed these websites continued disseminating their content through VPN services or social media platforms and therefore the action taken against them did not cause significant changes to the published content. However, in February 2020, the Ministry of Transportation, Communications and High Technologies “requested the domestic courts to impose a ban on the applicants’ ability to share their content through VPN services and social media platforms.”

Azerbaijan blocks RIA Novosti – Russian language state news website – citing violation of the national law [Updated June 13]

The Ministry of Digital Development and Transport blocked access to the Russian state-owned RIA-Novosti news site on June 3, according to reports by Azerbaijani media. In a statement issued the following day, June 4, the Ministry said 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.

According to Turan News Agency reporting, the Ministry statement said, “RIA Novosti violated Azerbaijani law On Information, Information, and Protection of Information.” 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’.”

Since Russia’s invasion of Ukraine, both Russia and Azerbaijan have blocked or discussed blocking each other’s news sites. At the time of writing this post, at least six Azerbaijan news sites are currently blocked by the Russian internet regulator– Roskomnadzor. 

According to Article 13.3.3 of the law on Information, Informatization, and Protection of Information, in cases of existence of a real threat to the lawful interests of the state and society or in urgent cases when there is a risk to the life or health of people, the access to internet information resource is temporarily restricted directly by the Ministry of Transport, Communications and High Technologies [former name of the Ministry of Digital Development and Transport]. This restriction is applied without a court order. 

Who regulates content online in Azerbaijan? Legal analysis

journalist facing jail time

Anar Mammadov is editor of criminal.az – website that was blocked by the authorities in Azerbaijan in 2018. Mammadov was sentenced to 5.5 years of imprisonment with a two-year probation period on charges of anti-state appeals, abuse of power and official forgery in March 2019. The official cause of the criminal prosecution was the publication of news about the assassination attempt on the former head of the city of Ganja Elmar Veliyev.

On January 6, Mammadov was pressed with a set of new allegations facing arrest. The accusation comes from a woman, named Malahat Gurbanova. Mammadov wrote about Gurbanova’s legal battle with former Minister of Social Services earlier on. Gurbanova now, alleges Mammadov’s language used to describe Gurbanova in his coverage was slanderous and insulting. Mammadov refutes these claims in his defense adding, if anything, it is he who feels insulted.

Criminal.az is an independent website covering predominantly crime-related stories. The website was blocked by the authorities in 2017, along with a number of other critical and independent news websites. It later began operating under the criminalaz.com domain, which was also blocked shortly after.

*Criminalaz.com, Fia.az, bastainfo.az and topxeber.az were blocked in Azerbaijan after the prosecutor’s office claimed these news websites misinformed their audiences and shared news of provocative nature that were untrue. [Turan News Agency]

**Since May 2017, over 20 websites have been blocked in Azerbaijan, among them: Azadliq Radio (Radio Free Europe/Radio Liberty Azerbaijan Service) and its international service, Radio Free Europe Radio Liberty, Azadliq Newspaper (independent of the Azadliq radio), Meydan TV, Turan TV and Azerbaijan Saadi (Azerbaijan Hour), OCCRP (Organized Crime and Corruption Reporting Unit), abzas.net, obyektiv.tv, and others on the ground these outlets promoted violence, hatred, extremism, violated privacy or constituted slander.

***Websites blocked since then are blocked for slander and spreading misinformation. At some point, an editor of the blocked az24saat.org was asked to remove four articles that mentioned Ali Hasanov, now a former aide to President Ilham Aliyev. Monitortv.info, which was among the blocked websites, also received a note requesting the removal of articles mentioning Ali Hasanov on the grounds these stories contained slander and lies. [Open Democracy]

At the time of the verdict against the journalist Mammadov, several international journalism organizations, and the OSCE Representative on Freedom of the Media criticized the court’s decision.

The New York-based Committee to Protect Journalists called on the Azerbaijani authorities to drop charges against Mammadov and pointing to the unfounded prosecution.

“Informing the general public about important events is what journalists do, and the authorities should support this work, and not punish reporters,” said Gulnoza Said, CPJ Program Coordinator for Europe and Central Asia.

In June 2019, the Baku Court of Appeal upheld the conviction of Anar Mammadov.

Timeline

15 May 2019 – Mammadov summoned to the prosecutor’s office. This time the journalist was questioned over a story about the state oil company – SOCAR.

Meydan TV, an independent online news website covering Azerbaijan was also targeted. Although the website of Meydan.tv was blocked already in 2017, following the publication of stories about SOCAR, the website was heavily DDoSed.

9 July 2018 – Mammadov, questioned by the police. The journalist’s home was searched and his personal devices, including his laptop and phone, were seized by the police.

Mammadov was questioned after publishing reports on an attempt on the life of the mayor of Ganja, Elmar Valiyev, on 3 July.

24 July 2018 – Mammadov was summoned to the prosecutor’s office. The journalist was questioned about the publication of reports on the assassination attempt and was warned not to spread “investigative secrets”.