khamedov has encouraged some liberalization in the market by allowing alternative
Internet operators to apply for licenses. In fact, by law, the state operator does not enjoy exclusive rights. Nonetheless, TurkmenTelecom remains the only ISP in the market
with a valid license to operate. The tariffs are set by the operators themselves, while the
ministry reviews the tariff proposals when granting the license.
According to existing rules, when an alternative ISP or broadband provider expresses
an interest in using an incumbent operator’s network, an inspection commission is
formed to investigate the operator’s proposal. However, as yet, no alternative provider
is known to have applied to provide such services. 26
Although both the old and the new constitutions guarantee freedom of expression
and free dissemination of information, the government largely controls all media outlets (television, press, and radio). The Turkmen television is state-owned and provides
four channels. Channel One, or ORT, broadcasts of Russian television are restricted to
only two hours per day and rarely broadcast live. Any reference related to the Soviet
past, erotic topics, prostitution, alcoholism, or drug addiction is removed from movies
and soap operas. 27 Foreign television stations and radio are accessible only to the handful of people who have satellite dishes or shortwave radios. The press is controlled
by the government, and even the nominally independent newspapers Adalat and
Galkynysh were created by decrees of the former president. Other governmentapproved newspapers are Turkmenistan (published in Turkmen) and Neutral Turkmenistan (in Russian).
Publishing houses and photocopying establishments have to receive registration
licenses from the government before starting their operations. 28 State media employees
cannot establish contacts freely with foreign media.
The lack of mechanisms guaranteeing media freedom, the extensive provisions sanctioning libel and defamation in the Criminal Code, and the broad provisions related to
terrorist activities in the Law on Terrorism 29 have imposed total self-censorship on
Turkmen society under the former and current governments. Article 132 of the Criminal Code makes libel by way of channels of mass information punishable by fines, up
to two years of forced labor, or up to one year in prison. Article 133 of the Criminal
Code provides for similar sanctions for certain insults against government agents
(who are defined as anyone who permanently or temporarily represents a branch
of the government). Article 176 of the Criminal Code seeks to protect the president.
Under part 1, any attempts on the life or health of the president are punishable by
imprisonment for life or death. Part 2 of this article provides for a prison term of up
to five years for libel directed against the president. No specific mention is made of
mass media—libel in any form can lead to charges. 30 Libel charges are usually used to
arrest journalists, and there is always a danger of false charges being laid for crimes
such as embezzlement.
Turkmenistan
243
Internet operators to apply for licenses. In fact, by law, the state operator does not enjoy exclusive rights. Nonetheless, TurkmenTelecom remains the only ISP in the market
with a valid license to operate. The tariffs are set by the operators themselves, while the
ministry reviews the tariff proposals when granting the license.
According to existing rules, when an alternative ISP or broadband provider expresses
an interest in using an incumbent operator’s network, an inspection commission is
formed to investigate the operator’s proposal. However, as yet, no alternative provider
is known to have applied to provide such services. 26
Although both the old and the new constitutions guarantee freedom of expression
and free dissemination of information, the government largely controls all media outlets (television, press, and radio). The Turkmen television is state-owned and provides
four channels. Channel One, or ORT, broadcasts of Russian television are restricted to
only two hours per day and rarely broadcast live. Any reference related to the Soviet
past, erotic topics, prostitution, alcoholism, or drug addiction is removed from movies
and soap operas. 27 Foreign television stations and radio are accessible only to the handful of people who have satellite dishes or shortwave radios. The press is controlled
by the government, and even the nominally independent newspapers Adalat and
Galkynysh were created by decrees of the former president. Other governmentapproved newspapers are Turkmenistan (published in Turkmen) and Neutral Turkmenistan (in Russian).
Publishing houses and photocopying establishments have to receive registration
licenses from the government before starting their operations. 28 State media employees
cannot establish contacts freely with foreign media.
The lack of mechanisms guaranteeing media freedom, the extensive provisions sanctioning libel and defamation in the Criminal Code, and the broad provisions related to
terrorist activities in the Law on Terrorism 29 have imposed total self-censorship on
Turkmen society under the former and current governments. Article 132 of the Criminal Code makes libel by way of channels of mass information punishable by fines, up
to two years of forced labor, or up to one year in prison. Article 133 of the Criminal
Code provides for similar sanctions for certain insults against government agents
(who are defined as anyone who permanently or temporarily represents a branch
of the government). Article 176 of the Criminal Code seeks to protect the president.
Under part 1, any attempts on the life or health of the president are punishable by
imprisonment for life or death. Part 2 of this article provides for a prison term of up
to five years for libel directed against the president. No specific mention is made of
mass media—libel in any form can lead to charges. 30 Libel charges are usually used to
arrest journalists, and there is always a danger of false charges being laid for crimes
such as embezzlement.
Turkmenistan
243