At the meeting on November 28, deputies of the Legislative Chamber of the Oliy Majlis passed in the second and third readings a law on introducing liability for publishing photos and videos on the Internet about the work of law enforcement officers “aiming to discredit them,” Gazeta.uz reported. The document has been sent to the Senate for consideration.
This clause was included in the bill on amendments to the codes “to improve the road safety system,” although it has nothing to do with this area.
Management staff of the Department of Public Security of MIA
The Ministry of Internal Affairs (MIA) has proposed adding a new Article 195−2 to the Administrative Responsibility Code. It would impose a fine of 50 BCV (base calculation value) (17 million Uzbek soums as of December 1) or up to 15 days of arrest. Both can be issued in case of posting photos and videos on the Internet about the work of law enforcement officers related to the performance of their official duties, i.e. ensuring public security, with the aim of discrediting or insulting them.
During the first reading of the bill, deputy Doniyor Ganiyev claimed that this clause contradicts the policy of openness pursued by the president of Uzbekistan — the principle of “not the people serving the state bodies, but the state bodies serving the people” as well as the work of public control.
He pointed out the possible risks of abusing the rule and using it for other purposes of “violating citizens' rights and treating them rudely.”
“You might think that this could increase employee morale. No, it will have the opposite result. We want law enforcement officers, particularly IAB (Internal Affairs Bodies) officers, to turn into real support, friends and protectors of citizens,” MP Ganiyev said.
According to the parliamentarian, if such a provision is adopted, “the feeling of respect of people for law enforcement officers will replace fear, trust will fill in for doubt, and love for hatred.”
MP Ganiyev asked his colleagues to further comment on this article during the discussion of the bill in the second and third readings.
Deputy Umid Jabborov noted that he was absolutely against the adoption of the document in conceptual form (during the first hearing). He pointed out that law enforcement agencies include 5−6 state bodies (including MIA, General Prosecutor’s Office, National Guard, State Security Service). According to him, this clause does not logically fit into the title’s framework of the bill, which is aimed at improving the road safety system.
The parliamentarian inquired the ways photographs and videos would be determined as “discrediting and insulting” toward law enforcement officers.
According to him, the road map for the implementation in 2022 of the Strategy for the Development of the Public Security System in Uzbekistan for 2022−2025 oversees the improvement of the organizational and legal framework for the prevention and elimination of cases of destabilization of the socio-political situation, including cases of discrediting internal affairs officers using the media, telecommunications networks and the Internet.
“The concept refers to discreditation only, not insult. I suggest excluding the part about insults,” Umid Jabborov commented.
Chairman of the Legislative Chamber’s Committee on Combating Corruption and Judicial and Legal Issues (unofficial translation), Jahongir Shirinov, admitted that the discreditation part is not disclosed and the meaning of this action remains unclear. He also pointed out that photographing and filming law enforcement officers is not prohibited by law.
The deputy proposed to use the definition of discreditation from Article 192 of the Criminal Code (discrediting a competitor) — dissemination of knowingly false, inaccurate or distorted information — and to set forth the new Article 195−2 of the Code of Administrative Responsibility (CAR) as follows:
“Placing photos and videos of law enforcement officers related to the performance of their official duties, i.e. ensuring public safety, with the purpose of discrediting them, i.e. disseminating knowingly false, inaccurate or distorted information on the Internet…”
Speaker of the Legislative Chamber, Nurdinjon Ismoilov, emphasized that any citizen, including drivers, can photograph and videotape law enforcement officers.
Nurdinjon Ismoilov
“Let them film. If necessary, let them keep (the footage)… If necessary, let them use it in court to defend his rights and prove his case. If necessary, let them post (online), but there should be no malicious intentions, no data discrediting the institution and holding false, inaccurate or distorted information should be published,” said the Speaker of the Legislative Chamber.
MP Doniyor Ganiyev stressed that the part regarding “insults” is excluded, as it already exists in a separate article. Although the part about dissemination of false information is also in Article 202−2 of the CAR (dissemination of false information, including in the mass media, telecommunications networks or the Internet, leading to humiliation of dignity of a person or discrediting a person).
“If we introduce such an article affiliated with a certain profession now, it will set a precedent. Will we have to write a new article for every other profession tomorrow? For discrediting doctors? For discrediting teachers? After all, there is already Article 202−2 of the CAR that applies to everyone — law enforcement officers, doctors, civil servants, and persons unrelated to civil service,” he inquired.
The lower house member also pointed out the severity of the punishment: 202−2 CAR (spreading false information) stipulates a fine of 50 BCV, while a violation of 195−2 CAR can result in an arrest of 15 days.
“If you discredit someone on the street, you will get a fine of 50 BCV. If that person turns out to be a law enforcement officer, especially if it is an internal affairs officer, you can go to jail for 15 days. The most interesting part is that if you directly slander someone under the Criminal Code, even then you will not go to jail,” Doniyor Ganiyev noted.
MP Jahongir Shirinov said that 202−2 of the CAR refers only to the dissemination of false information, while other elements — dissemination of distorted information — are omitted.
He said that according to Article 22 of the CAR, the purpose of administrative punishment is to prevent offenses implying a precaution.
“To date, article 202−2 of the CAR, unfortunately, fails at preventive measures. When we say that it concerns law enforcement officers, the population will know about it, the preventive value will be higher,” Shirinov commented.
Speaker Nurdinjon Ismoilov supported Shirinov and said the 15 days arrest of punishment “cannot be avoided.”
Some lawmakers suggested extending the article to cover not only publications on the Internet, but also in TV networks and the media. They believe if discrediting information about a law enforcement officer is placed in the printed press tomorrow, the offender will avoid punishment. However, this amendment was not included in the final text of the article.
During the voting on the amendments 94 deputies voted in favor, 2 against, 3 abstained and 7 did not participate in the voting procedure.
First reactions
Gazeta.uz's coverage of the results of the consideration of the bill in the first reading has drawn public reactions on Telegram channels.
“It is a very bad idea. First, it can be manipulated without limits, and in a way of incarcerating people for any criticism of the bodies. But you can remember a hundred cases when employees violated the law; the publication of photos and videos was the only way to protect rights,” shared journalist Nikita Makarenko.
Blogger davletov.uz characterized the amendment as “a blow to transparency.”
The author of the channel bakiroo pointed out that the bill did not undergo any public discussions, public opinion on the was not reflected. “Libel and slander are prosecuted by law. In a proper state of law, these rules apply to everyone. If we start establishing special rules for internal affairs officers, we will leave citizens ‘hostages' of the repressive apparatus in conditions of unequal distribution of power, administrative resources and funds, especially in the absence of an independent court,” he outlined.
As a reminder, in March 2022, MIA suggested banning the publication of photos and videos of traffic police officers on the Internet without their consent. The proposal was validated by a closed decree of the president. The ministry claimed the activities of employees being covered “with contradictory or defamatory comments.” The public considered the proposal a “step backward” in democratic reforms.
