Council of Europe: Journalists Should Not Be Subject to Criminal Penalties for Defamation

Journalists should not be subject to criminal penalties for defamation and penalties for these offenses should be established by civil law and be adequate. This is the approach of the Council of Europe to the responsibility of journalists for defamation.

Discussions on this subject are today at a conference on defamation, organized by the Council of Europe in cooperation with the EU in the framework of a project to support freedom of expression and media in the Eastern Partnership countries.

The purpose of the meeting is open discussions with a view to improving national legislation on defamation and journalistic practices.

After the speech of the President of Azerbaijan aide Ali Hasanov, who announced the creation of all possible conditions for the free collection and dissemination of information in Azerbaijan and the lack of conditions for the adoption of the law on defamation, the head of the Baku office of the Council of Europe Dragana Filipovic reminded that the CoE Secretary General Thorbjorn Jagland called on all the 47 countries of the Council of Europe to adopt a law on defamation.

She stressed that Azerbaijan after receiving independence improved legislation on media freedom. However, Azerbaijan has not canceled criminal liability for defamation.

The Council of Europe's position is that the law is to prevent the spread of inaccurate and defamatory statements, but also not to contribute to the development of self-censorship among journalists.

The head of the Information Society Department of the Council of Europe  Patrick  Penninckx said the law of defamation has such a long history, because at all times rulers have tried to protect themselves. He believes that defamation laws should be applied to exceptional cases. At the same time, high-ranking officials should be tolerant of criticism, and journalists should faithfully carry out their work.

Now only 10 European countries have no laws on criminal liability for defamation, and the Council of Europe is making efforts to expand the practice.

CE is not only for the abolition of criminal penalties for defamation, but also for the establishment of reasonable fines under the civil law so that the penalties were not deterrent in nature, he said.

The Chairman of the Azerbaijani Press Council Aflatun Amashov said the body has presented a bill to Parliament on defamation, in cooperation with the OSCE. After the appropriate improvements the bill was sent to the Venice Commission, but received no positive response.

The Chairman of the parliamentary committee on legal policy Ali Huseynli, in turn, called for the adoption of the law of defamation, while maintaining in force the articles "libel" and "insult" to the Criminal Code of the country.

The deputy head of the EU mission in Baku Jerome Williams focused on the support of the European Commission's efforts to ensure freedom of the media in the countries of Eastern Partnership. To this end, the EU has allocated 30 million Euros and the meeting was held within the framework of this project.

The discussions are continuing.  -06C--