On March 24, the National Assembly adopted the draft law on “Amendment to the Civil Code of the Republic of Armenia” by second reading, thus tripling the financial fines for insult and slander: for insult it is equal to AMD 3 million instead of the existing threshold of AMD 1 million, and for slander it is up to AMD 6 million instead of the existing threshold of 2 million.
These changes are directly targeted against the freedom of speech and media freedoms, and thus are incorporated in the frameworks of the government policies that control mass media and freedom of speech. By adopting such unprecedently and disproportionally high levels of fines for insult and slander by the standards of the Armenian reality, the government is imposing a very high destructive impact to the media sector that is already struggling for survival, to the extent of forcing many of them to the risk of closure.
In the meantime, these changes that are directly influencing on media have been adopted in an environment of the authorities’ evident will and purpose to make the judicial system more controlable, which means that in the near future, having a judicial system that is totally controlled, the government can use this law to impose silence on media groups that are disliked by the government. In addition to the fact that the adopted changes have clear political purposes, those are in contradiction with the RA Constitution and a number of European conventions.
Opposition to the adopted law does not mean encouragement of slander or insult, and we believe that for the purposes of fighting against those there should be adopted other tools and legal regulations that do not limit media freedoms. This law that concerns the media sector has been adopted without considering the opinions of media sector representatives and experts; furthermore, there is a consensus among almost all media organizations about the unacceptability and dangers of this initiative, which, notwithstanding, did not stop the ruling majority to adopt this consecutive initiative targeted at limiting the freedom of speech.
The Union fo Journalists of Armenia severely condemns this shameful act targeted at limiting the freedom of speech, and, in the meantime, understands that this draft law may not theoretically be enforced, if the President of the Republic does not sign it and forwards it to the Constitutional Court for the purpose of deciding whether it corresponds with the RA Constitution. In consideration of the recent behaviour of the President of the Republic of Armenia and his readiness to sign any initiative submitted by the government, this possibility seems very unrealistic.
Notwithstanding, the Union of Journlaists of Armenia calls on the RA President to use his powers granted by the RA Constitution not to sign this law and, thus, prevent this initiative that is targeted against the freedom of speech and media that are considered one of the main pillars of democracy.
In the meantime, the Union of Journalists of Armenia is applying to the RA Human Rights Defender Arman Tatoyan in relation with this law to consider discussing, based on existing legal frameworks and procedures, the unacceptability by constitutional law of this legal initiative.
UNION OF JOURNALISTS OF ARMENIA