In Kazakhstan, amendments have been proposed to the Law "On Mass Media" that would effectively oblige journalists to obtain separate permission each time they use images before publication. According to experts, this initiative could create additional restrictions for media representatives and complicate the fulfilment of their professional duties.
As reported by Bes.media, under the draft, the use of any citizen's image in the preparation and distribution of mass media products is permitted only with that person's consent, and after their death, only with the consent of their heirs. The current version of the law contains no such requirements.
Consent will not be required only in the following cases:
- if the person is present at or participates in spectacular, cultural, mass, socially significant, or sporting events, peaceful assemblies, and other public events during their coverage;
- if the information being distributed concerns the official and/or public activities of the citizen and the image was published by the person themselves, their legal representative, or an authorised person in open sources;
- if the use of the image is necessary to protect the constitutional order, public order, human rights and freedoms, health, or public morality.
The initiators of the amendments also propose introducing a mandatory requirement to obtain separate consent for each new method of using an image — including alteration, editing, combination with other images, or the addition of comments.
According to lawyer Gulmira Birzhanova of the 'Legal Media Centre' public foundation, there are currently no grounds for introducing such changes.
"We fought for this norm (on the use of images) back in 2019, when the amendments were being passed, and it later moved into the law on mass media. It clearly sets out cases when journalists do not need consent. In the current version of the law, it genuinely helps journalists in their work," she explained.
At the same time, the draft amendments contain proposals to change the regulation of the activities of influencers and bloggers, who are planned to be equated with subjects of online platforms. The developers believe this will eliminate legal uncertainty regarding the dissemination of information in the digital environment.
A separate block of changes concerns increasing the responsibility of editorial offices: it is proposed to enshrine the obligation to verify the completeness and accuracy of published information, as well as to clarify the status of the editor-in-chief, who will be responsible for organising the preparation and release of materials in accordance with the law.
Furthermore, the draft includes a requirement to indicate in each issue of a printed publication the existence of an electronic version, specifying the domain name or internet address. This is intended to ensure legal continuity between print and online platforms.
The amendments also affect users of online platforms: any posting or reuse of an image on the internet, except for the cases described in advance, will be possible only with the consent of the person depicted. Republishing in a new context, altering, or editing will also require separate permission.
Discussion of the proposals is scheduled at the Institute of Parliamentarism of the Republic of Kazakhstan, after which the organisation will begin preparing a draft law for subsequent consideration by the MPs who initiated the amendments.