The Constitutional Court reviewed a petition challenging the constitutionality of paragraph 1 of Article 38 of the Law of the Republic of Kazakhstan “On Mass Media”, which establishes a one-year limitation period for claims against mass media outlets.

The petition arose from a dispute concerning a publication that the applicant considered damaging to his honor, dignity and business reputation. The courts dismissed his claims on the grounds that the disputed publication had been released before the Law “On Mass Media” entered into force.

The applicant argued that the statutory one-year limitation period restricted his right to judicial protection, as he had become aware of the publication only after the Law entered into force and had no access to the Internet while serving a prison sentence.

The Constitutional Court noted that the statutory one-year limitation period does not preclude judicial protection of honor, dignity and business reputation. The law provides for the right to seek a retraction of false information, the publication of a response and compensation for damage caused.

The Court emphasized that calculating the limitation period from the date of publication is intended to ensure legal certainty in relations between individuals and mass media outlets. Conversely, calculating the period exclusively from the date on which a person became aware of the publication could create uncertainty regarding the length of time during which such claims may be brought against the media.

The Court further stated that establishing when a person became aware of a publication, determining whether they had a genuine opportunity to obtain the relevant information, and assessing the supporting evidence fall within the competence of the court hearing the specific case.

Accordingly, the Constitutional Court found no indication that the challenged provision violated the constitutional right to judicial protection.

Source : https://www.gov.kz/memleket/entities/ksrk/press/news/details/1307419?lang=ru