Referendum held in 2009, apart from eliminating presidential term limits, introduced certain amendments with restrictive implications. New terminology supplementing Article 32 banned using hidden photo, video and audio recording of people without their consent. In addition, this amendment provided the right to censor information obtained by using forbidden means already mentioned. In March 2009, Law on mass media was amended and new supplement restricted foreign nationals and citizens without higher education to be an editor in press outlets. Moreover, the amendment granted authorities the right to close down press houses which continuously misused their journalistic status. (Azadliq Radiosu 2009). However, these changes did not catch attention of international observers, including EU institutions. Neither EU officials nor the ENP Country Progress Report 2009 mentioned these matters.
On 30 December 2008, National Television and Radio Council (NTRC) took decision to ban from 1 January 2009 broadcasts of foreign radio stations on national frequencies. This decision concerned local FM channels of British Broadcasting Corporation, Voice of America, Azadliq Radiosu37 and Russia-language Europa plus. NTRC explained its decision as a measure to adjust radio broadcasting in the country in line with respective law on television and radio. (NTRC 2008). Ali Hasanov38 expressing official position of the government on the issue stated that these changes are intending to bring up Azerbaijan’s broadcasting practices with international standards including those of the Council of Europe (APA 2008). Nushiravan Maharramli, chairman of NTRC, denied allegations calling the move a political act to curb freedom of speech in the country. According to him, the decision was in “no way connected to politics”. Moreover, Maharramli argued that affected channels were still capable to conduct their broadcast over internet. (RFE/RL 2008).
However, Council’s decision faced harsh criticism internationally. US State Department, OSCE and EU issued statements condemning ban on foreign broadcasts. Javier Solana expressed his regret over NTRC decision and voiced concerns that consequences will curtail freedom of expression and media pluralism in Azerbaijan. He called the government to review its ruling and suggested joint discussions with EU to preserve foreign broadcast services (Solana 2008). Benita Ferrero-Waldner, EU Commissioner for External Relations and European Neighbourhood Policy, regarded this decision as “a matter of serious concern” limiting sources of independent media. She urged the authorities to remove restrictions and to follow the spirit of EU-Azerbaijani relations where “respect for freedom of expression and of the media are essential elements” (EUbuisness 2008). Then, European Parliament’s resolution called for renewal of banned stations’ licenses (European Parliament 2009). However, neither the calls from the European Union nor critical statements from US State Department, US Ambassador in Baku and OSCE were taken into account by Azerbaijani government. All 4 channels stopped broadcasting by 1 January. The case remained on the international agenda for several months in 2009 and, finally, President Ilham Aliyev’s comment on the issue wrapped up this topic. Aliyev said that such action was a common practice in other democratic countries and the only intention of his government was to have national legislation respected by everybody. Additionally, President reminded that other means (internet) were available for continuing broadcasts, particularly highlighting expanding access to internet across the country (BBC 2009).
In July 2009, 2 youth activists and bloggers Adnan Hajizade and Emin Milli were arrested after they tried to file a complaint in police office. (APA 2009a). But it was believed that the real motive of detention was connected to their activities criticizing the government. In June the youth group they were member of published a video in YouTube and social networks featuring donkey as an allegory to shameful political environment in the country (RFE/RL 2009a). Consequently, both were convicted on “hooliganism” and “deliberate physical violence” and sentenced to 2.5 and 2 years of prison respectively (APA 2009b). Azerbaijani media generally followed the line of official claims and presented the case out of alleged political context. The case was closely followed by international observers and caused massive calls to the government to release bloggers. First reaction of the European Union was expressed by the Swedish Presidency of the Union. In the statement the EU demanded transparent investigation in line with Azerbaijan’s international commitments (Swedish Presidency of the EU 2009). Following the judgement, European Parliament adopted a resolution which called the charges “politically motivated and the trial unfair and biased”. The resolution urged the government to release bloggers immediately and to prevent further deterioration of media freedom in Azerbaijan (European Parliament 2009). Later in 2010, Catherine Ashton issued a statement expressing concerns over shortcomings in the trial. She called for release of the bloggers whose imprisonment, according to Ashton, undermined freedom of expression in Azerbaijan (EUbusiness 2010).
The position of Azerbaijani government was voiced by Mammadyarov39, who said that “picking … one or two issues (issues of the bloggers) out of the context is not helpful” when Azerbaijan’s international commitments are evaluated. (RFE/RL 2009b). Novruz Mammadov40 criticized the West, particularly USA, who, according to Mammadov, employ such issues as a tool of pressure on Azerbaijan (Azadliq Radiosu 2009a). Ali Hasanov accused international observers in biased approach to the case as politically motivated: “being pro-Western does not scale down their [bloggers] guilt” (Azadliq Radiosu 2009b). In another statement he said the “bloggers cannot be regarded as journalist in this case as everybody who has access to computer is a potential blogger” (APA 2010a).
Reactions of CoE, PACE and of OSCE, particularly those expressed by Haraszti41 were stronger in critical terms. The bloggers received wide international support from Freedom House, Reporters without borders, Human rights watch. Vaclav Havel sent his books to jailed bloggers (Azadliq Radiosu 2010a). The issue was discussed in the meeting between Obama and Aliyev in New York (RFE/RL 2010). Consequently, after serving 17 months of their sentence, bloggers were released in November 2010 by the decision of Appellate Court of Baku. The decision was welcomed by Ashton in a special statement expressing EU’s close attention to the case in the light of its importance for freedom of expression in Azerbaijan (Ashton 2010).
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