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“State and corporate regulation of the Internet should be carried out in dialogue with civil society”

23.07.2024 09:42:00
Дата публикации
General Advisor of the Eurasian Digital Fund Sarkis Darbinyan gave an interview to Exclisive.kz about safe cyberspace, Internet regulation and digital human rights. We publish the main excerpts.

On the issue of the balance between freedom of expression and harmful content, the expert leans towards the practice adopted in European courts - the rights to encryption and anonymity are not absolute.

For example, if an anonymous user writes defamation, the platform can disclose his data under a legal request. In each case, the court must assess where the right to freedom of opinion ends and the right to privacy begins.

Kazakhstan is under the influence of two powerful neighbors, Russia and China, which actively export repressive technologies and legislation. At the same time, our country strives for European standards, where human rights take precedence over state interests.

However, restrictive laws already passed, such as the law on online platforms, require data collection and analysis, which raises concerns among experts. Facial recognition technologies, actively deployed using Chinese services, increase surveillance and control over citizens, blurring the line between offline and online spaces.

At the same time, in modern conditions it is almost impossible to completely avoid surveillance systems if you use banking services, cards and instant messengers, since refusing digital technologies also deprives you of the means of protecting information.

Digital technologies are developing in the Republic of Kazakhstan and, quite expectedly, Russian and Chinese companies are actively entering our cyberspace, which allows them to control infrastructure and services, and also exposes the data of Kazakhstanis to the risks of leaks and hacks, as has already happened with Russian services such as Yandex.Food " and "SDEK".

In Kazakhstan, there is a problem with access to the Internet, especially in remote areas, and the possibility of it being turned off in crisis situations, as was the case during Kantar. This is undoubtedly a violation of citizens' rights.

Unlike Finland, where access and quality of the Internet are guaranteed by the constitution, in Kazakhstan there is only the right to access information, and there is no legislative regulation in this area.

The expert recalled that human rights organizations filed a lawsuit to set limits for Internet shutdowns and check the compliance of existing laws with the Constitution.

The state monopoly on turning off the “Internet switch” in Kazakhstan is unacceptable, as it leads to abuse of power and limits the market development of communication services.

The balance between the interests of the state, society and business is complex: the state strives for control, business for profit, and society for free access to content.

In response to pressure from civil society, states such as the EU and Japan have begun to weaken the power of large companies like Apple by demanding open access to applications, which underscores the importance of creating dialogue between society, business and government.

Government regulation is important, but trust in it requires transparency and openness. It is better not to rely solely on the government or private companies, as they may have their own interests.

Optimal is balanced regulation based on lengthy discussions and consultations, as happened in Europe with the law on artificial intelligence, sums up Sarkis Darbinyan.

The entire interview can be viewed on YouTube.


(text translation is carried out automatically)