Amendments to Constitution Limit Freedom of Expression - Media Rights Institute

Media Rights Institute (MRI) criticized the proposed amendment to Article 32 of the Constitution, viewing it as a restriction of fundamental freedoms.

 MRI also noted confusing and unclear formulations and incorrect use of legal terms.

Recall that the draft Referendum Act on constitutional changes has been initiated by the President of Azerbaijan and consists of 29 points.

In particular Article 32 "The right to personal security" is proposed to add parts VI, VII and VIII as follows:

«VI. Except cases required by law, entry into information resources, in the electronic form or on paper, in order to obtain data about third parties is prohibited.

VII. Except cases where the person, whom the data are related to, openly agrees with this, or processing of statistical anonymous information on the condition of non-discrimination and other cases permitted by law, information technology could not be used for the disclosure of data on personal life, including that with respect to beliefs, religion and ethnicity.

VIII. The terms of individual data, as well as their processing conditions, acquisition, transfer, use and protection are established by law."

MRI considers that these amendments do not arise from the need of constitutional regulation. The very text of the amendments is confused and unclear, and expressions and terminology in relation to the regulated sphere are misused.

On the other hand, Annex VI itself prohibits access to any information resources for information on any person.

"This prohibition is too broad and inappropriate and it is an unnecessary restriction," MRI stated.

In addition, it limits Articles 47, 50 and 51 of the Constitution on freedom of expression, information and creative freedom.

* MRI is an NGO working in the field of freedom of expression. In 2014 MRI announced the suspension of its activities on the background of political pressure on civil society.

This statement has been spread by MRI Director Rashid Hajili. -06D-