More Red Tape: Kazakhstan Extends Control Over the Arts

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Kazakhstan’s music industry is currently experiencing a golden age, with a range of new artists coming on to the scene. They also include those who have dared to speak out on social issues and the bloody suppression of protests in 2022. These new talents are increasingly making names for themselves outside of Kazakhstan, with the singer Yenlik most recently becoming the first Kazakhstani to join German music platform COLORS.

But as Kazakhstan’s music scene continues to grow, greater restrictions are being placed on artists, despite the government’s official policy to support the creative industry. From April 20, foreign and domestic artists wishing to hold concerts will have to meet new requirements. Events contracts will contain new clauses governing the material of proposed performances.

Vlast spoke with several figures in the music industry and event organizers about how the new requirements will affect freedom of creativity and the future of Kazakhstan’s burgeoning music scene. 

Which Changes Have Been Introduced?

On February 18, President Kassym-Jomart Tokayev signed into law a number of amendments to the legislation regarding the creative industries.

One of the fundamental changes affects the organization of mass events, effectively incorporating additional restrictions.

Vice minister of culture and information Yegeniy Kochetov told journalists of the authorities’ intentions to dissuade artists from performing songs potentially deemed unlawful.

These provisions are outlined in article 9-1 of the law On culture. A wide range of prohibitions are included, such as forbidding “content contrary to accepted societal norms, morals and ethics.” This wording naturally leaves such principles open to broad interpretation. Content concerning suicide, drugs or pornography is also banned.

When asked whether an artist, whose material included such themes, would be permitted to perform in Kazakhstan, Kochetov said: “We would recommend them not to use those specific songs.”

Yenlik's COLORS perfomance. Photo: YouTube screengrab.

If a foreign performer makes reference to these themes in any way (in a song, stand-up monologue, play etc.), then their events may be banned or otherwise suspended.

Another rule being introduced obliges organizers to coordinate with local authorities no later than 30 days before holding an event featuring foreign artists.

“In our view, this is a completely acceptable and logical requirement,” Kochetov clarified. 

A New Era of Censorship

The music industry fears that these new measures will negatively affect the future of Kazakhstan’s creative scene. According to them, any restrictions will inevitably hamper the creative process.

Aizatulla Hussein, Founder of the media company Ozen, believes that the current rise of Kazakhstan’s music industry is thanks to “its sincerity and an unregulated framework.”

He is concerned about the prospect of increased government oversight in the creative sphere.

“There is a very thin line between what counts as artistic license (such as violent rap lyrics) and what is ‘propaganda.’ If they take this decision without any consultation, it will create a significant rift between the government and youth culture,” Hussein told Vlast.

Hussein believes that such restrictions should only apply to public platforms such as TV and radio.

“It makes sense that restrictions are required where content is freely accessible for anyone, including children.”

But when the focus shifts to concerts and other live events, the new changes affect not just the artists, but also the civil rights of the audience.

“When the state forbids ‘18+’ songs being performed at concerts, it is essentially telling a grown adult that the government knows better than them what they should be listening to,” the producer said. “It is a direct attack on the rights of the individual to choose what content they wish to consume.” 

Daiynball's music video for “Qazaq eline +1”. Photo: YouTube screengrab.

The hip-hop collective Daiynball also sees the potential harm in these measures. The group famous for their song “Qazaq eline +1” is concerned whether the restrictions will apply only to concerts, or to songs released online as well.

“Everything depends on how harshly these new measures will be interpreted and enforced; whether they will only apply to big events like festivals or to all events without exception (even in bars or small venues),” the band told Vlast. “Either way, we think that it will only negatively affect artistic expression.”

Daiynball worries that their song “Qazaq eline + 1,” which references the 2022 Qandy Qantar protests, could be affected by the new restrictions. Their other songs might also be under threat, as long as said restrictions are not clearly defined. The group’s members believe that some of their lyrics could be considered as “propaganda” promoting immoral behavior.

Nevertheless, the hip hop artists plan to continue to write and produce music without adjusting it to the new regimen.

“Otherwise, what is the point of being creative? It will be like old-school underground rap.”

The artists claimed that the restrictions indicated in these reforms could spill over into other industries as well.

“If the authorities crack down harshly, then Kazakhstani artists will have no choice but to move abroad in search of creative competition.”

“Freedom is at the core of the creative economy” – Hussein.

In response to these new regulations, concert director Yerkin Yerali and George Karakeshishyan, the manager of Kazakhstani rapper Shiza, both argue that artists must now pay much closer attention to meanings and symbolisms in their music.

“This move places greater responsibility onto artists and requires additional legal understanding,” they told Vlast. “At the same time we are trying to view the new situation as part of the professional space and adapt accordingly, without losing distinctiveness or style.”

According to Karakeshishyan and Yerali, context matters. However, if any violations are found in an artist’s song, then a dedicated team will review the lyrics and either release an alternative version or simply refuse to release the controversial track.

Shiza performing at the OYU Fest, Almaty 2023. Photo: YouTube screengrab.

“Art always reflects reality, and sometimes in a bold, provocative way,” Karakeshishyan claims. “It is of course important that the balance between freedom of creativity and the law is fair and transparent. In this environment, the creative scene is able to develop without losing its depth or sincerity.”

According to Hussein, any attempt made by the authorities to censor an artist often acts as the best possible promotion. In 1989, the FBI sent a letter to the hip hop group N.W.A, claiming one of their songs “promoted violence” against law enforcement in the US. This only ended up boosting the group’s popularity.

“Freedom is at the core of the creative economy, which so many talk about,” Hussein said. “Hopefully these measures don’t descend into a tool in the fight against undesirable opinions.”

Other artists approached by Vlast declined to comment. Major events organizers bringing foreign artists to Kazakhstan could not comment at the time of publication, because the new requirements could affect the arrival process for artists from overseas.

The media company First Media Group, who previously brought artists like 50 Cent, Nicole Scherzinger, Ne-Yo, Nelly, Craig David, and Busta Rhymes to Kazakhstan, confided that such visits made by foreign artists were already coordinated with local authorities. The new rules will therefore change little for them.

“First Media Group always strictly complies with the current laws,” reads a statement from the group. “Therefore, the introduction of new content requirements does not hinder our activity.”

The changes to the law also affect the film industry, which has recently also been dealing with increased censorship. In order to obtain a permit for a film’s distribution, said film must undergo a process of “pre-release expert review,” with the period for consideration increasing from 7 to 30 working days.

Vlast previously reported on the increased self-censorship in Kazakhstan’s film industry, and also about how the recent laws against “LGBT propaganda” could also further restrict creative freedom.

An edited version of this article was translated by William Stringer.