The Venice Commission under the Council of Europe announced its final opinion on the law "On Media" adopted in Azerbaijan.

“We have concluded that in the context of the already extremely limited space for independent journalism and media in Azerbaijan, this law will have a more chilling effect. Many provisions do not meet European standards on freedom of expression and the media, and do not allow the media to exercise the role of public watchdog effectively," the Venice Commission said in its statement. The statement added that it did not believe such a law should be applied in a member state of the Council of Europe.

The Commission urgently calls on the Azerbaijani authorities to implement the following in connection with the Law on Media:

- abolish Article 26 of the Law - broad restrictions on the establishment of the media, foreign ownership, and foreign funding;

- abolish the Media Register, or to repeal the excessive conditions required to enter the register;

- abolish the conditions for accreditation;

- bring the restrictions in the law on content into line with the precedent of Article 10 of the European Convention;

- change the provisions related to the protection of journalistic resources;

- stipulate that platform broadcasters, on-demand service providers and platform operators are not subject to the licensing regime but only require to be registered;

- clarify that the application requirement for the publication and dissemination of print and online media products is no more than a requirement to notify the authorities.

The statement stressed that the definition of a journalist defined by law and the strict ban on disseminating secret footage is flawed. The Commission also noted that the concept of journalism should be expanded, and bans on covert filming should be allowed in the public interest. The opinion emphasizes the need to revise the model of forming a regulatory body in the field of television and radio.

Reaction and comment from Azerbaijan

Azerbaijan's official media organizations did not accept the Council of Europe's opinion on the Law on Media.

The Azerbaijan Media Development Agency (MEDIA) has criticized the opinion of the Venice Commission on the Azerbaijani media law. According to the agency, the bill has been repeatedly discussed with the participation of media representatives and experts from various segments of society. “The law is aimed at protecting the professional activities of journalists both within the country and abroad," the statement added. MEDIA claims that the law does not exclude the establishment and financing of the media by foreigners but determines their share in the authorized capital. It is also stated that the registration of print and online media is declarative, which should not be equated with the licensing procedure. “As for the inclusion of journalists in the register, it is voluntary. There are no restrictions on journalists not included in the register.” In addition, the agency states that the ban on disseminating information about the crime applies only to the preliminary investigation. MEDIA regrets that some media outlets have biasedly covered the opinion of the Venice Commission to confuse public opinion, which is a biased approach to reforms in Azerbaijan.

The Audiovisual Council of Azerbaijan notes that licensing refers to broadcasting through frequencies. Licenses will be issued to Internet-broadcasting platforms and platform operators (including cable broadcasters) without competition. The Audiovisual Council rejected criticism that it had been given broad powers to revoke licenses, saying that entities would have the right to sue in any case.

Media rights lawyer Khalid Agaliyev said that the bill does not open up opportunities for media freedom but restricts it and provides more opportunities to control the media more easily. "This result is not unexpected for us. In December last year, when the draft Media Law was announced, we had an opinion on it, emphasizing that the draft did not comply with the Constitution of Azerbaijan and our country's obligations to the Council of Europe and other international organizations. We stated that this law does not serve the freedom of expression and the media. It is aimed at further restricting its opportunities and subjugating the media," said Khalid Agaliyev.