Recognition of the products of foreign mass media distributed in the territory of the Republic of Kazakhstan, containing information contrary to the legislative acts of the Republic of Kazakhstan, illegal
The consideration of cases of this category is carried out according to the rules of claim and special claim proceedings provided for by the norms of the CPC.
Civil cases on claims for recognition of products of a foreign mass media distributed in the territory of the Republic of Kazakhstan containing information contrary to the legislative acts of the Republic of Kazakhstan as illegal have been considered without violating the rules of jurisdiction.
Due to their specifics, civil cases of this category were considered at the applicant's location.
In cases considered by the courts of Astana, lawsuits were filed by the Committee for Communications, Informatization and Information of the Ministry of Investment and Development of the Republic of Kazakhstan.
The basis for the return of the application
By the ruling of the Yessil District Court of Astana, the application of the Committee for Communications, Informatization and Information of the Ministry of Investment and Development of the Republic of Kazakhstan on the recognition of products posted on foreign mass media – Internet resources as illegal was returned.
Before accepting the application for court proceedings from the applicant's representative on leaving the application and the application for securing the claim in electronic form without consideration. Based on the requirements of subparagraph 7 of part 1 of Article 154 of the CPC, since this was stated by the plaintiff, the judge returned the application.
Taking measures to secure applications
The analysis showed that upon presentation of applications by the authorized body, the Committee for Communications, Informatization and Information of the Ministry of Investment and Development of the Republic of Kazakhstan, applications for interim measures are also submitted, in particular, to compel the Committee for Communications, Informatization and Information of the Ministry of Investment and Development of the Republic of Kazakhstan to take measures to suspend the distribution of on the territory of the Republic of Kazakhstan, products of foreign mass media and Internet resources.
In all cases reviewed, applications for the adoption of security measures have been satisfied.
Preparing cases for trial
When accepting statements of claim, courts must comply with the requirements of Chapter 14 of the CPC.
The preparation of civil cases for trial is a necessary part of the stage of proceedings in the court of first instance and creates the necessary conditions for a full, comprehensive and objective examination of the evidence presented by the parties, the actual rights and obligations of the parties subject to the application of substantive law, and the issuance of a lawful and reasoned judicial act.
When preparing a case for trial, it is necessary to be guided by the provisions of the Civil Procedure Code (hereinafter referred to as the CPC) and the regulatory decree of the Supreme Court of the Republic of Kazakhstan "On the preparation of Civil Cases for Trial.
In accordance with Article 168 of the CPC, the judge is obliged in each case to make a ruling on the preparation of the case for trial, indicating in it the specific actions that, taking into account the category of dispute, are necessary for the timely and correct resolution of the dispute at a court hearing.
Judicial acts of the courts of the Republic of Kazakhstan are subject to registration taking into account the provisions of the Code of Civil Procedure, as well as the regulatory decree of the Supreme Court of the Republic of Kazakhstan No. 5 dated July 11, 2003 "On Judicial Decision" (with amendments and additions made by regulatory resolutions of the Supreme Court of the Republic of Kazakhstan No. 6 dated June 29, 2006 and No. 2 dated January 12, 2009).
The courts are also guided by the provisions of the Methodological Recommendations on the registration of judicial acts of the courts of the Republic of Kazakhstan, approved by the order of the Chairman of the Supreme Court dated March 17, 2010 (hereinafter referred to as the Methodological Recommendations), According to Article 218 of the CPC, the court's decision must be lawful and justified.
A decision is lawful when it is made in compliance with the norms of procedural law and in full compliance with the norms of substantive law applicable to this legal relationship, or is based on the application, if necessary, of a law governing a similar relationship, or proceeds from the general principles and meaning of civil legislation and the requirements of good faith, reasonableness and fairness (article 5 The Civil Code of the Republic of Kazakhstan and Article 6 of the CPC) A decision that reflects the facts relevant to the case is considered justified., confirmed by evidence examined by the court, satisfying the requirements of the law on their relevance, admissibility and reliability, or being well-known circumstances that do not need to be proved, and collectively sufficient to resolve the dispute.
This category of cases is considered in courts in accordance with the procedure established by Chapter 36-3 of the CPC, so an application for recognizing the products of a foreign media outlet distributed in the territory of the Republic of Kazakhstan containing information contrary to the legislative acts of the Republic of Kazakhstan as illegal is submitted by citizens and legal entities whose legitimate interests have been affected by the products of a foreign media outlet, a prosecutor or an authorized representative an application to the court in writing or in the form of an electronic document at the applicant's location.
Court decisions have declared illegal the products of foreign mass media distributed on the territory of the Republic of Kazakhstan, containing information contrary to the legislative acts of the Republic of Kazakhstan containing:
- information about the propaganda of terrorism, pursuing extremist goals:
incitement of racial, national and tribal discord, including those related to violence or calls for violence (national extremism),
- signs of propaganda and agitation of a violent change in the constitutional order, violation of the integrity of the Republic, undermining the security of the state and inciting ethnic hatred,
- information promoting suicide among children and adults, - distributing child pornography,
- information promoting the use of hashish, marijuana, cannabis, diazepam, methanone, as well as synthetic cannabinoids (JWH-007, JWH-018, JWH-250, etc.), which are included in the list of narcotic drugs, psychotropic substances and precursors subject to control in the Republic of Kazakhstan
- placement on websites of advertisements for alcoholic beverages, tobacco and tobacco products, the advertising of which is prohibited in the Republic of Kazakhstan;
- information about an online casino, a gambling establishment that uses a hardware and software complex located in the territory of the Republic of Kazakhstan and implements the possibility of organizing and conducting gambling in real time both in single-user and multi-user mode and providing for the receipt of winnings.
In accordance with paragraph 3 of Article 20 of the Constitution of the Republic of Kazakhstan, propaganda or agitation of a violent change in the constitutional order, violation of the integrity of the Republic, undermining the security of the State, war, social, racial, national, religious, class and tribal superiority is prohibited.
According to Article 12 of the Law of the Republic of Kazakhstan "On Countering Extremism", the use of networks and means of communication for extremism, as well as the import, publication, manufacture and (or) distribution of extremist materials are prohibited in the territory of the Republic of Kazakhstan.
In accordance with paragraph 1 of Article 1 of the Law of the Republic of Kazakhstan "On Countering Extremism", actions aimed at inciting racial, national and tribal discord, including those related to violence or calls for violence, are one of the types of extremism.
In accordance with subparagraph 8 of paragraph 1 of Article 6 of the Law of the Republic of Kazakhstan "On National Security of the Republic of Kazakhstan", terrorism, extremism and separatism in all forms and manifestations are among the main threats to national security.
Paragraph 5 of Article 1 of the Law of the Republic of Kazakhstan "On Countering Extremism" defines that the pursuit of the goal of forcibly changing the constitutional order, violating the sovereignty of the Republic of Kazakhstan, the integrity, inviolability and inalienable rights of its territory, undermining national security and the defense capability of the state, forcibly seizing power or forcibly retaining power, the creation, leadership and participation in an illegal paramilitary formation, organization of an armed rebellion and participation in it, incitement of social and class discord, incitement of racial, national and tribal discord, incitement of religious hatred or discord, including those related to violence or calls for violence, as well as the use of any religious practice that threatens the safety, life, health, morals or rights and freedoms of citizens is extremism (political, national, religious).
Calls for the violent overthrow or change of the constitutional order or the violent violation of the unity of the territory of Kazakhstan, including those committed using mass media, entail criminal liability in accordance with article 179 of the Criminal Code of the Republic of Kazakhstan.
Also, according to article 174 of the Criminal Code, intentional acts aimed at inciting social, national, tribal, racial, class or religious discord, insulting national honor and dignity or religious feelings of citizens, including through the use of mass media or information communication networks, are punishable by restriction of liberty for a term of two to seven years. In addition, in accordance with paragraph 4 of Article 2 of the Law of the Republic of Kazakhstan "On Mass Media", the use of mass media for the purpose of committing administrative offenses or criminally punishable acts is prohibited.
The distribution of printed materials and products of foreign mass media in the territory of the Republic of Kazakhstan, the content of which undermines national security, is prohibited by subparagraph 1 of paragraph 6 of Article 23 of the Law of the Republic of Kazakhstan "On National Security of the Republic of Kazakhstan".
Thus, by the decision of the Yessil District Court of Astana, the application of the Committee for Communications, Informatization and Information of the Ministry of Investment and Development of the Republic of Kazakhstan for the recognition of illegal products of foreign mass media and the cessation of their distribution in the territory of the Republic of Kazakhstan was fully satisfied.
The court found that on the Internet resource at the link https://www.youtube.com/w ....., materials have been posted that suggest the propaganda of ideas of violating the integrity of the Republic and inciting ethnic hatred.
In particular, the News Feed user posted a video titled "Kazakhstan -.. - the Kazakh quilted jacket. Karaganda. 06/22/2015" with a duration of 4 minutes and 4 seconds.
This video contains footage of an unknown male man in the courtyard of residential buildings insulting citizens of Kazakh nationality, calling them "Kalbits", etc., as well as repeated shouts of "...", which caused a sharply negative active discussion of users in comments containing signs of incitement to ethnic hatred.
This video has 9,597 views, 5,418 subscribers, and 76 comments.
Thus, the legislative acts of the Republic of Kazakhstan prohibit the distribution on the territory of the Republic of Kazakhstan of printed materials and products of foreign mass media containing calls for the violent overthrow or change of the constitutional order or the violent violation of the unity of the territory of Kazakhstan, including those committed using mass media.
And, in accordance with paragraphs 4,5 of art.1 of the Law of the Republic of Kazakhstan "On Mass Media", the Internet resource is classified as mass media, and the information posted on it is the product of mass media.
According to paragraph 4 of Articles 2, paragraph 4 of Article 13 of the Republic of Kazakhstan "On Mass Media", it is not allowed to use mass media for the purpose of committing administrative offenses or criminally punishable acts.
Propaganda of terrorism, publication of materials and dissemination of information aimed at inciting ethnic and interfaith hatred is the basis for stopping the distribution of mass media products.
In general, the courts correctly conclude that the applications are satisfied, for example, in cases of recognizing as illegal the products of a foreign media outlet distributed in the territory of the Republic of Kazakhstan containing information about the propaganda of terrorism, pursuing extremist goals: incitement of racial, national and tribal discord, including those related to violence or calls for violence (national extremism), so the courts rely on the conclusion of expert examinations, according to which an expert assessment is given on the presence of illegal information in publications.
Civil cases on the recognition of illegal products of foreign mass media distributed in the territory of the Republic of Kazakhstan containing information contrary to the legislative acts of the Republic of Kazakhstan, illegal, in particular the propaganda of narcotic drugs, psychotropic substances and precursors, were also considered.
On the territory of the Republic of Kazakhstan, in accordance with paragraph 1 of Article 24 of the Law of the Republic of Kazakhstan "On Narcotic Drugs, Psychotropic Substances, precursors and measures to counteract their illicit trafficking and abuse, propaganda of narcotic drugs, psychotropic substances, their analogues and precursors, that is, the activities of individuals or legal entities aimed at disseminating information on methods, methods of development, manufacture and use, places of purchase of narcotic drugs, psychotropic substances, their analogues and their precursors, as well as the production and distribution of mass media products, the dissemination of specified information on computer networks, or the commission of other acts for these purposes is prohibited.
According to paragraph 3 of Article 2 of the Law of the Republic of Kazakhstan "On Mass Media", propaganda of narcotic drugs, psychotropic substances and precursors is not allowed. The Committee for Communications, Informatization and Information of the Ministry of Investment and Development of the Republic of Kazakhstan applied to the court, in accordance with Chapter 36-3 of the CPC of the Republic of Kazakhstan, for recognition of products posted on foreign mass media, arguing that in violation of legislative acts by foreign mass media – Internet resources that are freely accessible to users throughout the Republic of Kazakhstan, ignoring the requirements of legislative acts, promote methods of manufacturing, sowing and growing (cultivating) plants containing narcotic substances, as well as services for the sale of narcotic drugs, psychotropic substances and precursors subject to control in the Republic of Kazakhstan on the Internet in real time. time.
By the decision of the Yesilky District Court of Astana, this application was fully satisfied. It was decided: to recognize the products of foreign mass media of Internet resources (name of sites) distributed in the territory of the Republic of Kazakhstan, containing information contrary to the legislative acts of the Republic of Kazakhstan, illegal, to stop distributing products of foreign mass media in the territory of the Republic of Kazakhstan – to prohibit the operation of networks and (or) means of communication used to circumvent the technical capabilities of telecom operators used to stop the distribution of Internet resources in the territory of the Republic of Kazakhstan.
Also, the Uralsk court considered civil cases on the prosecutor's statements about the prohibition of the distribution of products of foreign mass media on Internet resources containing information about online casinos.
Thus, the prosecutor of Uralsk, in the interests of the state, appealed to the court with a statement prohibiting the distribution of products of a foreign mass media Online resource throughout the territory of the Republic of Kazakhstan, arguing that according to the Law of the Republic of Kazakhstan "On Gambling" (hereinafter the Law), online casinos are prohibited in the territory of the Republic of Kazakhstan.
In violation of the requirements of the current legislation by a foreign mass media online resource: www.betvictor.com /...., to which users have free access, an online casino is located throughout the territory of the Republic of Kazakhstan.
The court found that the mass media Internet resources: www.betvictor.com /...., to which users have free access throughout the Republic of Kazakhstan, an online casino is hosted. The site allows you to play American, European, and French roulette online without a Zero and with a live dealer.
Gambling in blackjack and poker is also possible, with a total of 15 games. It is also allowed to play online on slot machines Aladdin, Orient Express, Pchelkin, hockey, fruit cocktail, star Wars, a total of 6 games. Video poker and keno are allowed in the online casino, 16 in total. The lowest withdrawal amount available for withdrawal from the user's gaming account is from 5 to 50 USD.
The Casino pays out winnings to Players within 4-7 business banking days from 7.00 to 16.0 GMT, which is confirmed by the screenshots of the pages of these sites provided by the applicant.
According to Articles 1,6 of the Law "On Gambling" in the Republic of Kazakhstan, the activity of an online casino is prohibited- a gambling establishment that uses a hardware and software complex located in the territory of the Republic of Kazakhstan and implements the possibility of organizing and conducting gambling in real time both in single-user and multi-user mode and provides for the receipt of winnings.
By virtue of Article 1 of the Law of the Republic of Kazakhstan "On Mass Media", the Internet resource is classified as a mass media product, and the information posted on it is a mass media product.
The court concluded that the product of a foreign mass media contains information contrary to the legislative acts of the Republic of Kazakhstan, and therefore, this information is subject to recognition as illegal, and the application is subject to satisfaction.
In this connection, the applicant's application was fully satisfied by the decision of the Uralsk City Court No. 2.
The main normative acts regulating relations when considering this category of cases are:
The Constitution of the Republic of Kazakhstan,
The Civil Code of the Republic of Kazakhstan (hereinafter referred to as the Civil Code),
The Civil Procedure Code of the Republic of Kazakhstan (hereinafter – CPC),
The Law of the Republic of Kazakhstan "On Combating Terrorism",
The Law of the Republic of Kazakhstan "On National Security of the Republic of Kazakhstan",
The Law of the Republic of Kazakhstan "On Mass Media",
The Law of the Republic of Kazakhstan "On Advertising",
The Law of the Republic of Kazakhstan "On State regulation of production and turnover of ethyl alcohol and alcoholic products".
Attention!
Law and Law Law Law draws your attention to the fact that this document is basic and does not always meet the requirements of a particular situation. Our lawyers are ready to assist you in legal advice, drawing up any legal document suitable for your situation.
For more information, please contact a Lawyer / Attorney by phone: +7 (708) 971-78-58; +7 (700) 978 5755, +7 (700) 978 5085.
Attorney at Law Almaty Lawyer Legal Services Legal Advice Civil Criminal Administrative Cases Disputes Protection Arbitration Law Firm Kazakhstan Law Office Court Cases
