CSP Calls Reactionary Amendments to Criminal Code off Parliament`s Agenda

Civil Society Platform (CSP) has issued a statement in connection with the legislative initiative of the Prosecutor General of Azerbaijan to supplement the Criminal Code with a new Article 148-1 and to amend Article 323, which are aimed at expanding the scope of application of punishment for defamation.

These amendments provide for accountability measures in addition to those already existing for insult and slander, as well as for offending the honor and dignity of the President, through the use of fake web nicknames, profiles and pages on the Internet.

For insulting and defaming the amendments stipulate fines from 1,000 to 1,500 manat, public works from 360 to 480 hours, corrective work for up to 2 years or imprisonment for up to 1 year.

Insulting the honor and dignity of the President, according to the proposed amendments, is punishable by a fine of 1,000 to 1,500 manat or imprisonment for up to 3 years.

According to CSP, the tightening of sanctions for defamation is contrary to the Constitution, the laws in the field of human rights and freedoms, international agreements of Azerbaijan, including the European Convention on Human Rights and the case law of the European Court.

CSP stresses that freedom of expression stipulates the use of not only one's own name, but also rigged names (nicks). Establishing different measures of legal responsibility for the distribution of expression openly or by false nicks has no logical basis. 

The explanation of using the amendments against creation of fake profiles is only a pretext for tightening sanctions, for the current wording of the Criminal Code provides a measure of responsibility for expressions distributed anonymously.

CSP said the proposed amendments to the Criminal Code are tighter restrictions and are harmful and absurd.

CSP recalls that the National Program to improve the protection of rights and freedoms adopted by the government back in 2011 provided for complete cancellation of criminal responsibility for libel and insult.

In addition, the Council of Europe Venice Commission in its opinion of 14 October 2013 on the protection from defamation in Azerbaijan noted that prior to the adoption of the relevant law the use of excessively stringent measures and sanctions is unacceptable.

Effective  and proportionate measures against defamation can be provided by civil law.

In view of this CSP regards the legislative initiative by the Prosecutor General as violation of the Government's obligations to abolish criminal penalties for verbal expression.

CSP however considers it important to protect against insults and slander and invasion of privacy, implemented through nicknames and creation of fake profiles.

However, in practice such laws are usually used against journalists, bloggers and social media activists critical of the government.

CSP calls for the immediate expulsion of the bill from the agenda of the Milli Mejlis and the immediate discussion and adoption of new regulatory acts in the field of freedom of expression meeting the relevant requirements of the Constitution of Azerbaijan and the European Convention. -06D--