To be or not to be the law of defamation

"Reforms in the area of ​​human rights: the prospects of defamation law," was the theme of the roundtable on May 22 at the Park Inn. The discussion was attended members of the government, MPs, representatives of the media and civil society, and international organizations.

The event was organized by the Council of State Support to NGOs under the President, the United States Agency for International Development (USAID), the Azerbaijan Lawyers Confederation and the American Bar Association.

The discussion  was around the reasonability of the adoption  of the law on defamation, the latest reactionary amendments to legislation criminalizing libel on the Internet.

Head of Public Policy Department of the Presidential Administration, Ali Hasanov, said that the amendments are based on the "progressive initiatives."  "The government is committed to ensure balanced rights of the people. The laws and court decisions must ensure that balance," said Hasanov.

According to him, the draft law "On protection from defamation" is aimed at examination of the Venice Commission of the Council of Europe. "If someone thinks that  it is possible to offend, and  not bear responsibility,  that is wrong. Criminal liability will remain. The law will create more opportunities for the media that following the ethics, expand the range of media freedom," said Hasanov. Experts believe that the defamation laws should be protected freedom of expression, personal dignity and public safety.

"It is necessary to found a common denominator. If the defamation is a public issue, it should be regulated by the Penal Code, if this personal question it should be regulated by the  Civil Code.

Citizen should clearly know that it can be expected for certain actions, "said a spokesman for the American Bar Association, Robert Steer, adding that recent amendments to the law is a threat to freedom of expression.

The head of the parliamentary committee on legal policy Ali Huseynli  does not support the decriminalization of defamation. But  some deputies  and experts think otherwise. "The Milli Majlis eliminate criminal liability for the beating, although it is torture. Therefore, there should not be criminal punishment for statements. There was time  when they eliminated censorship,  they said that there will be serious consequences. However, it did not happen," said the deputy head of the Gudrat Hasanguliev.

However Huseynli believes that as a compromise  it is possible to adopt a law on defamation, but to save the penalty in the Criminal Code. According to him, this will have a dissuasive character.

However, he said that in recent years in Azerbaijan none journalist has been prosecuted.

However, the head of the  Baku OSCE Office, Koray Targay, believes that no compromise can be in the  issue of freedom of speech and expression. The adoption of the law on defamation has been  discussed for many years, and there is no progress. Moreover,  expanding the scope of defamation.

"The OSCE supports the decriminalization of defamation. In many European countries such laws have been adopted," said Targay and pointed to severe fines and other penalties for defamation.

Director of the Media Rights Institute, Rashid Hajily, believes that penalties should be adequate to legislation.

"The law for serious crimes set a fine of not more than 825 manat for serious crime, no more than  1,600 manat. However,  for defamation, which is not a capital offense,  court fine media for 30-50 manat," said Hajily.

The issue on criminal sanctions for defamation is discussed  on the Internet.

Hasanov,  the head of the department of the presidential administration told about the inadmissibility of insults and slander on the Internet. "We will not accept the norms that create outrage in society,"  said Hasanov.

"Internet  is like a stray cat" which goes everywhere , and  all are unhappy with insults on the Internet," said Hasanov.

The President of Azerbaijan Internet Forum, Osman Gunduz, drew attention to the fact that the Internet is also a means of communication.

"On the one hand, the government raises the telecommunications satellite into space, on the other - sets criminal penalties for defamation on the Internet,"  he said.

Media expert Alasgar Mammadov pointed to the practical difficulties of applying the law to the criminalization  for defamation on the Internet with the possibility of placing information outside of Azerbaijan.

During the discussion it was noted that there are five million Internet users in Azerbaijan,  one million - facebook, thousands of websites, dozens of anonymous web resources.

Director of the Office of Democracy and Governance of the Azerbaijani representation, USAID Roland Glas spoke about international practice. According to him, President Barack Obama supports the decriminalization of the Internet.

"President Obama  has been heavily criticized and tolerates it, which is not related to his weakness, but rather an indication that he is a strong leader,"  said  Glas.

The head of the Press Council, Aflatun Amashev,  considers acceptable the  adoption of the law on protection from defamation under certain conditions, in particular, bringing the fines in line with international practice and the establishment of the transitional period - the introduction of decriminalization for defamation in two years.

The meeting participants  were given draft law on protection from defamation.

Commenting  it on,  the  expert Alasgar Mamedli said that the most fundamental shortcoming of the bill is that the penalties, including jail, still remain. At the same time, certain limits are established. Thus, the government organs  and municipalities  and their employees cannot  give claims.  Commercial structures can  file claims for compensation for specific damage, said Mamedli.—03C--