TO THE “PROSPEROUS ARMENIA” AND “BRIGHT ARMENIA” FACTIONS OF THE NATIONAL ASSEMBLY OF THE REPUBLIC OF ARMENIA
FROM PRESIDENT OF THE UNION OF JOURNALISTS OF ARMENIA SATIK SEYRANYAN
On 8 October 2020, upon Decision N 1655-N of the Government of the Republic of Armenia, a supplement was made to Decision N 1586-N of the Government of the Republic of Armenia of 27 September 2020 “On declaring martial law in the Republic of Armenia”, which prescribed that the publication of reports (including speeches, publications) criticizing, refuting the actions of state and local self-government bodies (LSG) and officials for ensuring the legal regime of martial law and ensuring state security, questioning the effectiveness of those actions or devaluing those actions in any other way shall be prohibited. Propaganda targeted against the defensibility and security of the Republic of Armenia and the Republic of Artsakh, including the publication of reports questioning the defensibility of the Republic of Armenia and the Republic of Artsakh shall be prohibited.
This was followed by the package of draft laws on making amendments to the Code of Administrative Offenses and the Criminal Code, which envisage administrative liability and criminal liability for violating the restrictions, respectively.
The aforementioned regulations are, according to specialists, problematic from the perspective of unlawful restrictions on freedom of information and from the perspective of the constitutionality of the envisaged regulations.
Moreover, the amounts of fines to be set as a result of administrative proceedings instituted against mass media outlets will not only harm the viability of the corresponding media outlet, but will also create unfavorable conditions for the public to be informed, that is, for the media to play its role and fulfill its obligations.
Monitoring of implementation of Decision N 1655-N of the Government of the Republic of Armenia shows that the assessments of publications in the media are discretionary, and administrative proceedings are instituted selectively. Thus, we are dealing with major restrictions on freedom of expression, the application of which is also discriminatory and selective.
Taking the aforementioned as a basis, I would like to ask you to, within the scope of the powers granted to you under the Constitution of the Republic of Armenia, apply to the Constitutional Court of the Republic of Armenia as soon as possible with the issue of verification of constitutionality of Decision N 1655-N of the Government of the Republic of Armenia, especially in the case when the specified amendment is a violation of freedom of expression of opinion provided for by the Constitution and is not commensurate with the legitimate goal that is being pursued.
These incommensurate restrictions, due to which people are being deprived of debating over issues that are strictly important for them and concern them, are related to their lives and security, are deprived of expressing their views on those issues and criticizing the shortcomings of officials, is nothing but unilaterally dictating the reality, conditioned by political expediency.