Aitylğan sõz – atylğan oq (translation: ‘A word once spoken can never be recalled’)

– Kazakh proverb

On July 10, the lower house of the Parliament of Kazakhstan, the Majilis, adopted the Law ‘On online platforms and online advertising’, aimed at regulating this sphere.

Everything that is illegal offline should also be illegal online – this postulate of the European Union’s law enforcement practice outlines the principles of online behavior in the best possible way. Social networks have formed a new space of information entrepreneurship, in which professional competencies of their time were born – bloggers, SMM specialists, targetologists and a number of others. The necessity to regulate the quality and reliability of online content, shadow income from online advertising, online fraud, and to put up barriers against cybercrime prompted the adoption of such a regulatory act.

The authors of the Kazakh law, when preparing it, aimed to solve several troublesome issues. In particular, this is a gap between the dynamics of the development of online platforms and online advertising with a legislative framework, the lack of effective legal mechanisms guaranteeing respect for the rights of all entities conducting business on online platforms, and legal contours for conducting online advertising. Moreover, during the preparation of the Kazakh law on the regulation of online platforms and advertising, international experience was not ignored. For example, the Online Safety Bill in the UK. And the German Network Enforcement Act, which raises the issue of protecting citizens from false, malicious information, was also considered.

Social networks have become the main source of information that forms the socio-political agenda, and have assumed the role of a barometer of public mood. According to the data of the new Digital News report, which was recently published by the Reuters Institute, the share of those who prefer to receive news on the Internet through social networks has increased to 30%.

And in this regard, the adopted law introduces for the first time such concepts as ‘influencer (blogger)’, ‘online platform’, ‘Internet platform user’, ‘public community’ and others. And this, according to experts of the media sphere, is a big breakthrough in the field of legislative description of the difference between bloggers and classical mass media, as well as regulation of the relations of these specialists with the target audience.

Thus, the law obliges the owners of Internet sites to cooperate with government agencies in the fight against false information and tax evasion. A requirement is being introduced to install a ‘counter’ for the number of users and appoint a legal representative of the online platform for interaction with authorized bodies.

Furthermore, the key issue within the framework of the law is the development of the interface of online platforms in the state language, the volume of content in which is growing every day. And this content is becoming more diverse and interesting. However, not all online platforms provide the opportunity to use the interface in the Kazakh language, there is no elementary opportunity to fully familiarize yourself with the user agreement.

Particular attention is paid to the need for advertising labeling by users posting advertising content. Legislative acts regulating the distribution of advertising materials on online platforms have been absent until today, as well as the concept of targeting.

Thus, it can be seen that this legislative package is aimed at further improving the regulation of the functioning of online platforms on the territory of the republic, including the responsibility of influencers or bloggers for published materials and the dissemination of false information, as well as their advertising and business activities, that is, the payment of income taxes for advertising published in their social media accounts.

It must be said that this bill has been repeatedly criticized by human rights activists, who called it “illiberal”, “tightening censorship”. However, it is possible to give the opposite arguments in favor of the correctness of the adoption of this law. So, firstly, the development of social networks and artificial intelligence technologies leaves no doubt about the rapid expansion of opportunities for manipulating the consciousness of citizens, sowing panic, spreading fakes. Secondly, we must not forget that the young generation is extremely dependent on all sorts of gadgets and networks, vulnerable in terms of communication and negative influence. It is enough to recall the ‘blue whales’, cyberbullying incidents, crippling the psyche of children who sometimes do not have basic skills of cyber hygiene and protecting themselves from dangerous content. Therefore, the use of such legal mechanisms in the media sphere is a pragmatic solution that is necessary in the era of progressive development of digital technology. But the risk of censorship is also one we may not ignore. There’s hope that adequate safeguarding provisions and free speech considerations will continue to be balanced.

Source: Jurist

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New York, Brussels, Astana (18/1 – 60).

After facing the most challenging year in 2022, Kazakhstan continues its political modernization. Under the second term of President Kassym-Jomart Tokayev who has been reelected in November, Central Asia’s richest country will enjoy more democracy in 2023. This year will be the moment for President Tokayev to prove his vows to step up changes for the ’New Kazakhstan’.

End of the Oligarch

As the world witnessed, in January 2022, Kazakhstan was ripped apart by the nationwide protest that led to the most violent unrest in the country’s modern history. 238 people dead and thousands of protesters were arrested. The ‘Bloody January’ rallies were not merely sparked by high fuel prices, the protesters also highlighted political issues. Especially regarding former president Nursultan Nazarbayev who withstand his more-than-30-year powerful authority after his resignation.

The upheaval made Tokayev strip Nazarbayev from the role of head of Kazakh’s Security Council. Tokayev, who was ‘handpicked’ by Nazarbayev himself in 2019, also removed his predecessor’s loyalists and removed protections for the Nazarbayev family. In aftermath of ‘Bloody January’, Tokayev outlined large-scale economic and political reform.

“The era of oligarchic capitalism is coming to an end in Kazakhstan. The era of the state’s social responsibility towards its citizens is coming,” Tokayev said in October during his visit to Karaganda province.

Building a new economy far from Nazarbayev’s influences, Kazakhstan promises to reduce participation of the state as well as administration barriers. It is meant to solve many complaints by businesses against authorities such as the anti-corruption service and the police.

Challenging Laws

To ensure the implementation of his reform populist agenda in the political sector, Tokayev also appointed a new government. In addition to Alikhan Smailov as the new Prime Minister, young progressive figures rose to the highest ranks of the cabinet. For example, Zulfiya Suleimenova as the Minister of Ecology and Natural Resources, and Askhat Oralov as the Minister of Culture and Sports. Both are 32 years old.

This year, the former Soviet country will also directly elect heads of administrations in hundreds of districts and cities. The statement was revealed by Erlan Karin, Kazakh’s State Counselor. “The renewal of the corps of rural akims (heads of administrations). It is planned to hold direct elections of more than 350 mayors of villages, towns, and rural districts. These elections will cover more than a thousand rural settlements,” Karin said

Another proof is Kazakh’s Central Election Commission (CEC) has completed registration stages for 66 regional candidates to participate in Senate Election that took place on 14 January. The election uses a new system and rules to determine 20 deputy seats in the highest representative body of the Republic exercising legislative power.

Chairperson of Senate Maulen Ashimbayev says that the election will bring well-qualified lawyers to the Senate to overcome challenging state legislation. “We have many challenging law, the most recent bankruptcy law is the most complicated. We’ll see how it turns out. Still, I believe there will be many questions, and we will learn what the flaws are. As a result, strong lawyers are required to comprehend such legislation,” Ashimbayev explained.

Packed with domestic fundamental changes agenda, it is worth seeing how President Tokayev runs his administration to achieve ‘New Kazakhstan. Questions remain, what is the price of the reform? And how it will affect Kazakh’s diplomatic relations with other countries, especially the two giant neighbors, China and Russia?

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Astana, Brussels, Berlin (15 January 2023 – 50).

Twenty senators representing 17 regions and three cities of national significance were elected on January 14 to the Senate, an upper chamber of the Kazakh Parliament, according to the preliminary results announced by the Central Election Commission (CEC).

President Kassym-Jomart Tokayev announced the date of the Senate election during his inauguration ceremony on November 26, 2022, saying that the election is part of a broader program of political renewal of the country’s system of government. President Tokayev signed a decree on measures to implement the pre-election program “Fair Kazakhstan is for everyone and for everyone. Now and Forever.” One of his first orders was to hold elections “with the establishment of the parliament and maslikhatson the basis of the new electoral system, on party lists and single-member districts, by June 2023.

Two weeks into 2023, Senate elections saw 55 candidates competing for 20 seats in the Senate. The elected candidates received the required threshold of more than 50 percent of the electors’ votes, ranging from a minimum of 61.7 percent for the Ulytau Region candidate to a maximum of 90.9 percent for a candidate from the Akmola Region.

Two women made it to the Senate, corresponding to 10 percent of the elected candidates. They represented the North Kazakhstan Region and Almaty.

The voters’ turnout across regions could be monitored online on the CEC website. A quorum, when at least 50 percent of present electors cast their votes in all regions, has been reached by 10:45 a.m., 45 minutes past the start of the election. Preliminary results were announced at 1 p.m.

The final results are to be announced by Jan. 20.

The Senate election is part of a broader program of political renewal of the country’s system of government initiated by President Kassym-Jomart Tokayev. Elections to the Mazhilis, the lower chamber of the Parliament, and maslikhat, local representative bodies, are expected to be held in the first half of 2023. 

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