Spotlight on Uzbekistan
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takedown request was withdrawn by the Agency following support for Nemolchi by the Public Fund
for Support and Development of National Mass Media.
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One of the main challenges still facing journalists are the laws on different types of defamation. In
January 2020 a draft law was published seeking to implement the principles of a December 2020
Presidential decree that would remove the threat of prison for ‘slander and insult’ making
amendments to the procedures in the administrative and criminal codes. While removing the threat
of prison the changes would substantially increase the upper limit of fines imposed from 200 Basic
Calculation units ($4250) to 500 BCU ($10,630) which retaining the option of up to 360 hours
community service. The crime of insulting someone in connection with their official or civil duty still
exists but has been downgraded to an administrative offence.
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With legal costs high and court
system still struggling with corruption the courts are a heavily used route for aggrieved business
people and officials to suppress critical voices.
As of time of writing the draft law on slander has not been implemented, with rumours circling about
the development of an entirely new law of mass media that might incorporate such changes. The
current law on mass media, despite amendments in 2018, remains the source of concern, with
international media freedom organisation Article 19 calling for the removal of content and
contributor restrictions and the need to clearly differentiate between print/online output and
broadcast services with regulation only appropriate for the latter.
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However, some local journalists
have questioned whether further changes to legislation should be the focus of attention, given that
many of the outstanding problems in the media sector stem from poor implementation of existing
laws and in the structures of power in the country.
This is not to say that the risk of direct harassment and arrest of journalists have entirely gone away,
particularly for those in the regions at the hands of local law enforcement. Indeed, there clearly is a
sign that more activist journalists who have been challenging the state since the Karimov era, or who
take a more negative view of the Government’s reform agenda are more likely to receive negative
treatment, reinforcing the cycle of distrust. So those, who fall into the space between political
activism and small time blogging (and so sometimes are not seen as being part of the local media
landscape) still face significant pressures.
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This is particularly true for those focused on religious
issues or with links to Uzbekistan’s exiled political groups. Poet and blogger Mahmud Rajabov was
given a 27 month suspended sentence on smuggling charges for importing banned books produced
by former Presidential candidate Muhammad Salih and served time in administrative detention for a
march protesting his treatment.
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A blogger and activist who covered Rajabov’s case, Nafosat
to blame (when I was 3 years old, he was 12 years old)…., NeMolchi, February 2020, https://nemolchi.uz/2020/02/19/mat-skazala-chto-
jeto-ja-isporchennaja-a-tot-malchik-ne-vinovat-kogda-mne-bylo-3-goda-emu-bylo-let-12/
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Public Fund for Support and Development of National Mass Media, https://t.me/massmediauz/87
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Currently the legislation reads Administrative Code, article 40: Slander i.e. that is, the dissemination of deliberately false fabrications,
disgracing another person — entails the imposition of a fine of twenty to sixty basic calculated values; Code of the Republic of Uzbekistan
on Administrative Responsibility, Section One, General, Lex.UZ, September 1994,
https://lex.uz/ru/docs/97661?query=%D0%BA%D0%BB%D0%B5%D0%B2%D0%B5%D1%82%D0%B0; Criminal code, article 139: Slander
Slander, i.e. the distribution of deliberately false fabrications, dishonoring another person, committed after the application of
administrative penalties for the same actions, shall be punishable by a fine of up to two hundred basic calculation units or by compulsory
community service up to three hundred hours or by correctional labour up to two years. The information in the January draft legislation
was here: ACCA, In Uzbekistan, prison sentence for slander and insult will be replaced by a fine, January 2020, https://acca.media/en/in-
uzbekistan-prison-sentence-for-slander-and-insult-will-be-replaced-by-a-fine/; Criminal Code of the Republic of Uzbekistan, A Common
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