Official warns against libel law passage
Adoption of the Law on Defamation in Azerbaijan - legislation that
envisions lifting criminal accountability for insults and libel -
could result in the killings of journalists similar to the murder
of the Monitor magazine editor Elmar Huseynov, a senior official
has warned.
"I can assure you that if people with Azerbaijani mentality and temper inherent to the Caucasus people are deprived of the right to appeal to courts, tens of people like Elmar Huseynov will appear in the country within a year, as journalists lack professionalism," head of the President's Office socio-political department Ali Hasanov said.
The remarks came at an international conference entitled "Freedom of speech and press in Azerbaijan in the context of local and international laws" held in Baku early this week.
Huseynov was gunned down at the entrance of his apartment on March 2, 2005. Monitor published political, economic and social articles as well as investigative pieces exposing official corruption and mismanagement.
Hasanov said Azerbaijan's primary goal was to pass the libel law, but on the condition that journalists would assume responsibility to address people deprived of the right to file lawsuits. "If we are taking away people's right to appeal to court to defend their honor and dignity, their appeals will be addressed to the journalist who had insulted their personality."
The presidential administration official defended the judges who handed down jail sentences to the journalists who breached ethical norms.
"If a citizen is able to prove in court that his honor and dignity were deliberately degraded, what should the judge do? Should he pad the journalist on his head, saying 'you did the right thing, keep up the good work?' If the law provides criminal accountability for such actions, the judge should order the detention of the defendant," Hasanov said.
He said that as long as all European countries have not passed the Law on Defamation, Azerbaijan should not press ahead with its adoption either.
Hasanov said the lack of responsibility on the part of journalists in Azerbaijan did not allow the government to pass the libel law. "Azerbaijani journalists have not reached a professional level. They have not acquired the sense of responsibility whereby they ponder where other people's rights begin and end, and know what should be written about. European journalists are not arrested because their professional level is very high."
Huseynov emphasized that ensuring freedom of the press in the country has always been in spotlight of the government.
Chairman of the Parliamentary Assembly of the Council of Europe (PACE) Monitoring Committee Eduard Lintner argued that the libel law should be passed in Azerbaijan.
"Local media are operating in somehwat difficult conditions. I therefore believe that a law on defamation should be passed soon and journalists should not face arrests," Lintner told reporters.
He said freedom of speech and press were the key attributes of democracy "without which no society can be strong."
Secretary general of the International Federation of Journalists Aidan White said the situation with the media in Azerbaijan was not only quite tense but also poor. He maintained that the country was failing to meet its international commitments in this area. He said it was important to pass the libel law.
White suggested a concerted effort in striving for media freedom. "Numerous journalistic organizations are operating here separately. If they work together, enough progress could be achieved in protecting freedom of speech."
The conference was attended by representatives of some 20 countries, including Belgium, Russia, Turkey, Kazakhstan, Ireland, Kuwait, Bulgaria, and Slovenia, as well as international organizations. Azerbaijani officials and prominent US journalists and media professionals were in attendance as well. The discussions focused on problems and prospects of local media, the overall plight of the press in the former Soviet republics, etc.
"I can assure you that if people with Azerbaijani mentality and temper inherent to the Caucasus people are deprived of the right to appeal to courts, tens of people like Elmar Huseynov will appear in the country within a year, as journalists lack professionalism," head of the President's Office socio-political department Ali Hasanov said.
The remarks came at an international conference entitled "Freedom of speech and press in Azerbaijan in the context of local and international laws" held in Baku early this week.
Huseynov was gunned down at the entrance of his apartment on March 2, 2005. Monitor published political, economic and social articles as well as investigative pieces exposing official corruption and mismanagement.
Hasanov said Azerbaijan's primary goal was to pass the libel law, but on the condition that journalists would assume responsibility to address people deprived of the right to file lawsuits. "If we are taking away people's right to appeal to court to defend their honor and dignity, their appeals will be addressed to the journalist who had insulted their personality."
The presidential administration official defended the judges who handed down jail sentences to the journalists who breached ethical norms.
"If a citizen is able to prove in court that his honor and dignity were deliberately degraded, what should the judge do? Should he pad the journalist on his head, saying 'you did the right thing, keep up the good work?' If the law provides criminal accountability for such actions, the judge should order the detention of the defendant," Hasanov said.
He said that as long as all European countries have not passed the Law on Defamation, Azerbaijan should not press ahead with its adoption either.
Hasanov said the lack of responsibility on the part of journalists in Azerbaijan did not allow the government to pass the libel law. "Azerbaijani journalists have not reached a professional level. They have not acquired the sense of responsibility whereby they ponder where other people's rights begin and end, and know what should be written about. European journalists are not arrested because their professional level is very high."
Huseynov emphasized that ensuring freedom of the press in the country has always been in spotlight of the government.
Chairman of the Parliamentary Assembly of the Council of Europe (PACE) Monitoring Committee Eduard Lintner argued that the libel law should be passed in Azerbaijan.
"Local media are operating in somehwat difficult conditions. I therefore believe that a law on defamation should be passed soon and journalists should not face arrests," Lintner told reporters.
He said freedom of speech and press were the key attributes of democracy "without which no society can be strong."
Secretary general of the International Federation of Journalists Aidan White said the situation with the media in Azerbaijan was not only quite tense but also poor. He maintained that the country was failing to meet its international commitments in this area. He said it was important to pass the libel law.
White suggested a concerted effort in striving for media freedom. "Numerous journalistic organizations are operating here separately. If they work together, enough progress could be achieved in protecting freedom of speech."
The conference was attended by representatives of some 20 countries, including Belgium, Russia, Turkey, Kazakhstan, Ireland, Kuwait, Bulgaria, and Slovenia, as well as international organizations. Azerbaijani officials and prominent US journalists and media professionals were in attendance as well. The discussions focused on problems and prospects of local media, the overall plight of the press in the former Soviet republics, etc.
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