New amendments to the law further restrict freedom of expression - experts

Prosecutor General Zakir Garalov as a legislative initiative submitted to the Parliament draft amendments to Article 148-1 of the Criminal Code. It criminalizes insults to the Internet using fake user names and profiles.

These actions will be punished by a fine of AZN 1,000 to 1,500 manat, or community service of 360 hours to 380 hours, or correctional labor for up to 2 years, or imprisonment up to a year.

The "Note" to the article explains that under "fake profiles and nicknames"  are meant false or hidden under other initials in social networks and information resources posts, not allowing to establish the user's identity, and the use of information relating to another person without his consent.

Member of the Parliamentary Committee on Human Rights Chingiz Ganizade believes that the proposed amendment is aimed at filling a gap in the legislation. Fake profiles and nicks, as well as the names of other entities used to insults and slander against the people.

According to Ganizade, the law will increase the liability of Internet users. He informed about the completion of the Article 323.1 of the Criminal Code (protection of honor and dignity of the president.)

It is proposed to extend the application of this Article on expression on the Internet. These actions   provide  a penalty of a fine from 500 to 1000 manats, or correctional labor up to two years, or imprisonment for a period of 2 years.

It is proposed to supplement to the Criminal Code an Article 323.1-1, which provides criminal penalties for insulting the honor and dignity of the president using fake profiles, accounts and nicknames. For these actions will be apply the penalty of a fine of 1,000 to 1,500 manat, or imprisonment up to 3 years. In addition, the defamation of the President of committing serious or especially serious crimes is punishable from 3 to 5 years of imprisonment.

Asking the question from Turan, how the law will work if the perpetrator  of the law is abroad, Ganizade said that in such cases, the beginning of a criminal case goes to the plane of international law.

"Adding a new article 148.1 to the Criminal Code, toughening responsibility for libel and insult - is another, a dangerous move to stifle freedom of expression,"  stated  Director of the Media Rights Institute Rashid Hajili, commenting Turan legislative initiative  of the Attorney General to amend the Criminal Code that affect freedom of the Internet. In his view, it is directed against Article 10 of the European Convention on Human Rights, which guarantees freedom of information.

 The Criminal Code provides punishment for defamation (Article 147) and insult (Article 148) and they are used by officials to quell  their critics. Earlier, the government stated that it will review the Articles of the Criminal Code and abolish serious punishment. Even in 2010 was introduced a  moratorium on the use of these Articles of the Criminal Code. The Government has stated that it is not a supporter of arrests for hard expression, continued Hajili. Therefore, the prosecutor's office initiative contradicts government claims. "Everyone has the freedom of expression both under his own name and the pseudonym. The establishment of different penalties for anonymous or open common expression has no logical basis, "Hajili said.

Another expert Khalid Agaliev, commenting on the subject, drew attention to the recently circulated report of "Freedom House" about Internet freedom. "The report emphasizes that Azerbaijan is partially free in the Internet. The government disagreed, arguing that the Internet is totally free. However, a legislative initiative speaks to the contrary," said Malaga. Articles 147 and 148 of the already establish responsibility for libel and insult to the Internet. While the Council of Europe, EU and OSCE expect the abolition of all the articles 147 and 148 of puzzling their "enrichment".

Expert Alasgar Mammadli also noted that this initiative is contrary to ECHR decisions from 2007 in the case of  Agazade-Mahmudov  against Azerbaijan, from 2010 Fatullayev against Azerbaijan, where the government ordered the decriminalization of Articles 147 and 148.

The government itself is involved in the National Program of Action on Human Rights on the adoption a law on defamation, abolishing criminal liability for defamation. However, despite this, the Articles 147 and 148 of the Criminal Code have also been extended to the Internet.

How do the initiators  think to apply the law, if the expression will be apply from abroad?

Under existing legislation the case under  the Articles 147 and 148 can be initiated on the basis of  the appeals of the people whose rights are violated as a private prosecution.

Who will do this under Article 148-1?  How will a citizen  determine the false profile? The amendment denies the basis of statements about what the Internet in Azerbaijan is free, stressed Mamedli.-06D-