We must not tighten the law, but decriminalize defamation - expert

Baku/20.09.19/Turan: Member of the parliamentary committee on legal policy and state-building issues Chingiz Ganizade came up with an initiative to toughen punishment for defamation.

At an event in parliament on September 20: "Let's say NO swearing, insults and slander in social networks", he proposed to increase the punishment under the Article 147 of the Criminal Code (defamation), 148 (insult) on the Internet.

According to the deputy, due to the humane approach of the country's leadership, a moratorium is applied to these articles. "But maybe it is time to not only apply these articles, but also to strengthen their sanctions?" Ganizade said.

According to him, recently in social networks there has been an increase in publications and reposts with the content of blackmail, slander and insults. "It's time to put an end to this," said the deputy.

However, media expert Alesker Mammadli doubts the usefulness of tougher sentences. "Punitive measures are hardly effective. In 2017, a measure of liability for insults on the Internet was already introduced in the Criminal Code. However, this did not lead to a decrease in insults on the Internet," Mammadli said.

According to him, instead of toughening punishment, on the contrary, freedom of expression should be expanded. "If freedom of expression is not limited, then people will more culturally express their opinions," Mammadli said. On the other hand, it is difficult to regulate legally social media content. "Because you can virtually connect to social networks from any part of the world. Most likely, the authorities, under the pretext of regulating social networks, the authorities want to tighten sanctions for defamation," Mammadli said.

In his opinion, in order to put an end to slander and insults, one must pass a law on defamation. This is required by the provisions of the European Convention on Human Rights and the case law of the European Court of Human Rights, which contain direct provisions on the adoption of a law on defamation in Azerbaijan.

With this in mind, President Ilham Aliyev in 2011 signed the National Human Rights Action Plan, which provided for the decriminalization of defamation. -21B-