New Amendments to the Criminal Code, toughening responsibility for divulging state secrets, may make it difficult to have an objective investigative journalism, some experts believe. Today the Azerbaijani Criminal Code is supplemented by a new Article 284-1. It provides 2-5 years in prison for illegally obtaining information constituting a state secret by force or threat of force, fraud, robbery, or by technical means, without signs of treason and espionage. However, an expert in media law Alasgar Mammadli questioned the practical applicability of this article in case of unauthorized access to on-line resources.
The Internet is a global network, where it can be exposed to information extracted by hacking of web resources. This information is obtained by hackers from abroad, may be exhibited through third countries. Further, this information can be used by journalists. At the same time, for the publication of information from open source journalist shall not be liable. An example of this were materials on WikiLeaks.
Documents released by the resource, then were used by media worldwide. For this reason, it will be difficult for the law enforcement agencies of Azerbaijan to prosecute someone in such cases. The expert believes that this norm aims to deter journalists from investigations. On the other hand, the responsibility for keeping state secrets is entrusted to the state authorities, and they are required to provide information protection.
On 6 March the Milli Majlis also made changes to paragraphs 1 and 2 of Article 284 "divulging state secrets" of the Criminal Code. The amendment to Article 284.1, the disclosure of information constituting a state secret, in the absence of treason, the punishment is increased 3 to 6 years. Previously, it was 2-5 years. According to the amendments to Article 284.2, the same acts resulted in grave consequences, be punished with imprisonment from 4 to 8 years. Previously, it was 3-7 years.I-06B-
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