General Media Environment

Most media news outlets in Azerbaijan are aligned either with the government or with individual opposition parties. Only a handful have no political affiliations. Electronic media is the most influential provider of news and information in Azerbaijan and is overwhelmingly biased in favor of the government. Numerous nongovernment newspapers and magazines, although under constant government pressure, are highly politicized and not always accurate, but provide lively fora for debate.⁴

The government of Azerbaijan abolished censorship in 1998,⁵ however, it continues to exert control over the media in a variety of ways. Major television outlets are either state-owned or affiliated.⁶ Local radio stations broadcast very few information or news programs, but rather offer a variety of music and entertainment shows.⁷ The government fully controls the issuing of radio and television broadcast licenses through a licensing board that consists entirely of presidential appointees.⁸

Even prior to the 2003 election, the government exerted constant pressure on the independent print media. Financial constraints, caused by both market forces and government pressure, are a major obstacle to the free functioning of independent newspapers and magazines, leading to temporary suspensions of publication or closures. Government interference reportedly includes direct and indirect pressure on advertisers not to place advertisements in opposition-affiliated newspapers,⁹ making them rely on sales alone. Government distributors refuse to distribute and sell many opposition-affiliated or independent newspapers and magazines, significantly reducing their circulation opportunities. The authorities have in the past closed down kiosks of the smaller distributors,¹⁰ limiting their distribution capacity, especially outside of Baku. Police reportedly harassed and continue to harass individual street sellers who carry independent newspapers and magazines.¹¹

Criminal and civil defamation suits have a chilling effect on the independence of the media. Criminal defamation remains in the criminal code, and prosecutions continue, although in recent years the courts have imposed suspended rather than active prison sentences.¹²

The independent and opposition media in Azerbaijan, like the progovernment media, have been known to publish personal insults and at times be loose with the facts, but it is the opposition and independent media that frequently face defamation suits in the courts.¹³ The government’s use of defamation suits, the lack of an independent judiciary, and the imposition of cripplingly high fines lead to unreasonable restrictions on media freedom. Government officials or those closely connected to the government are invariably the plaintiffs in civil defamation suits against independent media, and the courts almost always impose significant fines.

The government controls the major printing presses and, at times, pressures smaller independent presses not to publish independent newspapers and magazines. Public officials often block access to information for journalists working for the independent press. Police harassed and beat journalists when they attempted to report on opposition party events or protests.¹⁴

[4] The State Department of United States of America (U.S.) estimated that there were forty independent newspapers and magazines in 2003. “Country Reports on Human Rights Practices- 2003,” released by the Bureau of Democracy, Human Rights, and Labor, U.S. State Department, [online] http://www.state.gov/g/drl/rls/hrrpt/2003/27826.htm (retrieved August 2, 2004). The Azerbaijan Committee to Protect Journalists, RUH, (this organization is not affiliated to the similarly named Committee to Protect Journalists, based in New York), estimated that there were between fifteen and twenty independent newspapers. Human Rights Watch interview, Aflatuna Amashov, head of RUH, Baku, February 27, 2004.

[5] Human Rights Watch interview with Mehman Aliyev, head of the independent Turan Information Agency, Baku, February 25, 2004, and Human Rights Watch interview with Azer Hasret, head of Central Asian and Southern Caucasus Freedom of Expression Network (CASCFEN), Baku, February 26, 2004.

[6] Human Rights Watch interview Rashid Hadjili, Media Rights Institute, Baku, February 26, 2004. Human Rights Watch interview with Mehman Aliyev, head of Turan Information Agency, Baku, February 25, 2004. “Azerbaijan Press freedom curtailed since Ilham Aliev’s election as president,” December 10, 2003, Reporters without Borders, [online] http://www.rsf.org/article.php3?id_article=8769 (retrieved August 2, 2004).

[7] Foreign radio broadcasters such as BBC, Radio Free Europe/Radio Liberty, and Voice of America broadcast locally without significant interference. Human Rights Watch interview with Rashid Hadjili, Media Rights Institute, Baku, February 26, 2004.

[8] Human Rights Watch interview with Rashid Hadjili, Media Rights Institute, Baku, February 26, 2004.

[9] Human Rights Watch interview with Mehman Aliyev, head of Turan Information Agency, Baku, February 25, 2004. Human Rights Watch interview with Rashid Hadjili, Media Rights Institute, Baku, February 26, 2004. “Azerbaijan Press freedom curtailed since Ilham Aliev’s election as president,” December 10, 2003, Reporters without Borders, [online] http://www.rsf.org/article.php3?id_article=8769 (retrieved August 2, 2004).

[10] Human Rights Watch interview with Mehman Aliyev, head of Turan Information Agency, Baku, February 25, 2004. Human Rights Watch interview with Elmar Husseynov, chief editor of Monitor, Baku, February 26, 2004. “Country Reports on Human Rights Practices- 2003,” released by the Bureau of Democracy, Human Rights, and Labor, U.S. State Department, [online] http://www.state.gov/g/drl/rls/hrrpt/2003/27826.htm (retrieved August 2, 2004).

[11] Human Rights Watch interview with Elmar Husseynov, editor-in-chief of Monitor, February 26, 2004. Monitor is an independent weekly magazine.

[12] For example, on February 25, 2004, two journalists were convicted and sentenced to two-year suspended prison terms for an article that claimed the National Taekwondo Federation helped security forces break up demonstrations following the October 2003 presidential elections. Human Rights Watch interview with Elmar Husseynov, chief editor of Monitor, February 26, 2004. “Two journalists given two-year suspended prison sentences,” Reporters without Borders, February 26, 2004, [online] http://www.rsf.org/article.php3?id_article=9389 (retrieved August 2, 2004). Under a suspended sentence the convicted individual is paroled. He or she does not serve his or her prison term, but would be subject to serve it upon commission of any act violating the terms of the suspended sentence.

[13] Human Rights Watch interview with Aflatuna Amashov, Baku, February 27, 2004. Human Rights Watch interviews with several members of the international community based in Baku who did not wish to be named, February 2004.

[14] See, “Azerbaijan: Presidential Elections 2003,” Human Rights Watch briefing paper, for examples of this harassment.

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August 4, 2004