On March 24, 2021, the Armenian parliament adopted amendments to the Civil Code increasing the maximum fines for defamation. In contrast to the earlier draft passed in the first reading, which suggested five-fold increase of fines, the adopted draft provided more moderate thresholds. It suggested a threefold increase: the maximum fines for slander going up from the current 2 million (3,620 EUR) to 6 million drams (10,860 EUR), while the fines for offensive claims raising from 1 million (1,810 EUR) to 3 million drams (5,430 EUR).
Compliance with constitution
The president, however, did not sign the adopted amendments and applied to the Constitutional Court disputing the compliance of the amendments with the Armenian Constitution. In particular, the president mentioned that the amendments would not solve any systemic problems but might significantly damage freedom of expression and restrict the possibility of mass media to objectively criticize the activities of officials and politicians.
On October 5, 2021, the Constitutional Court ruled that the proposed amendments are compliant with Armenian Constitution. The Court stated that a person’s constitutional right for honour and good reputation has a key role in the framework of exercising freedom of expression.
Leading Armenian media organisations issued a joint statement, expressing concerns about the Constitutional Court’s decision, which, as they mention, contradicts Council of Europe recommendations and European Court of Human Rights decisions.
The statement indicates that the adoption of these amendments is especially alarming in the context of a number of recent legislative drafts restricting freedom of expression, and when politicians and officials often perceive criticism as an insult and take these cases to court. Earlier, the draft was criticized by Freedom House, stating that fines will stifle free expression and threaten financial viability of media outlets in the country.
Mass media law
A CSO Meter update in February 2021 already covered the amendments to the Civic Code as well as the proposed amendments to the Law on Mass Media, both initiated by the parliament. The latter amendments would have prohibited mass media to refer to anonymous sources. This draft was first withdrawn by the authors in May 2021, but then renewed in September 2021, changing the term “anonymous sources” to “non-identified sources” under the same definition. In particular, a non-identified source is defined as “a domain registered on the Internet, a web hosting site, or an account or channel on a website or application, whose owner identification information is hidden from the reader.” The renewed draft has not yet been included in the agenda of the parliament session.
(photo of the Constitutional Court from the official website of the Constitutional Court of Armenia, www.concourt.am)