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23:50, 14 October 2009

Bill "On Defamation" brought into Azerbaijani parliament

The law draft "On Defamation", assuming cancellation of criminal punishment for slander, has been registered by the Secretariat of the National Assembly (NA) of Azerbaijan.

"The document was sent to the parliament on behalf of 6 journalistic organizations; but it was officially presented to the Secretariat by MPs Dzhamil Gasanli, Vakhid Ahmedov, Fazil Gazahfaroglu and Sabir Rustamkhanly, since only MPs possess the right to legislative initiative," Arif Aliev, head of the journalistic association "Yeni Nasil" (New Generation), said today at a press conference at the Baku Media Centre.

Now, according to the procedure, the speaker of the parliament should send the document for consideration to the profile committee. "For several years already, local and international organizations mark the importance of adopting the law on defamation. However, until now, there were just talks; now there's a particular object for discussion, although we understand that its discussion can drag along," said Mr Aliev.

According to his version, in the course of debates, the bill can be improved. Its main idea is cancellation of criminal liability for slander and insult and setting up of the punishment not related to deprivation of freedom. "International practice knows different punishments: fines, corrective works of cleaning territories, performance of nurse's duties at medical establishments, etc.," he has added.

In his opinion, the recent frequent facts of criminal punishment for slander and insult actualize the issue of defamation law. Only in October, 4 journalists were convicted for defamation, and 2 of them - to imprisonment.

In his opinion, adoption of the law on defamation will not result in growth of violations by journalists, but, on the contrary, it will increase their responsibility, as it happened after cancellation of censorship in 1998.

"We are not pursuing the aim of creating the atmosphere of impunity. We stand for adequate punishment, but not to make the law a barrier for the freedom of speech," Mr Aliev has emphasized.

The work on the bill started 2 years ago with participation of well-known lawyers of the country. The document has passed examination of OSCE experts.

However, so far, the Azerbaijani authorities are not eager to cancel criminal liability for defamation. Ali Gasanov, head of the public-political department of the Administration of the President of Azerbaijan, said one of these days in his comments on the issue that "in recent years, the number of journalists convicted for slander went down."

"On the other hand, often the journalists convicted under this charge are early released from custody by the order of the head of the state. With the growth of journalists' professionalism and observance by them of ethics and morals, we'll approach to passing the law on defamation. However, today this issue is not on the agenda. Journalists are not ready yet to pass such law," Mr Gasanov has noted.

Author: Faik Medzhid

Source: CK correspondent

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