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Libel law to be considered in future, top official says (UPDATE)

22 May 2013 19:57 (UTC+04:00)
Libel law to be considered in future, top official says (UPDATE)

By Aynur Jafarova

The passage and enforcement of the law "On Defamation" will be considered in the Azerbaijani society in the future, a senior official has said.

Ali Hasanov, Head of the Presidential Administration's Social and Political Department, made the statement while addressing the roundtable on "Reforms in the sphere of human rights: prospects of legislation on defamation" in Baku on May 22, Trend news agency reported.

The event was supported by the Azerbaijan Lawyers Confederation, the U.S. Agency for International Development (USAID), the Council of State Support to NGOs under the President of Azerbaijan and the American Bar Association (ABA).

According to Hasanov, unfortunately, this legislative initiative is sometimes not understood correctly and misconstrued.

"In particular, I am referring to the media organizations active in this area. Therefore, attention will be paid to the main philosophy, goals and essence of this law. We consider the law 'On Defamation' as an additional creative opportunity for professional, responsible journalists working in Azerbaijan who are respectful to their profession. This law is aimed at further expansion of the activity of such journalists," Hasanov said.

According to him, the libel law should not be propagated as if anyone in Azerbaijan can offend another member of the society in any way after its adoption.

"It is an absolutely wrong concept and interpretation," Hasanov said. "Insult of the honor and dignity of people will always be a crime under the Azerbaijani legislation. This is one of the main principles of the society in the country we created, because people must realize the responsibility for the humiliation of one's honor and dignity."

Hasanov said the measure is aimed at the creation of broad opportunities for freedom of speech.

"Currently, some individuals interpret the parliament's tightening the penalties for insult of the honor and dignity as restricting freedom of the press and freedom of speech. This is absolutely wrong. Ensuring freedom of the press and speech in Azerbaijan is regulated by another law. There are laws on the press, television and radio and the Code of Journalistic Ethics. Every journalist who observes these principles can intervene in any area, collect, distribute and analyze information," Hasanov said.

According to Hasanov, if three to five of the nearly 3,500 non-governmental organizations (NGOs) working in Azerbaijan disapprove of the government's work on the law "On Defamation", it is natural.

Govt supports dialogue on human rights

The Azerbaijani government is interested and willing to discuss any topic, including any issue regarding the media, Hasanov said.

According to him, the government welcomes and supports the dialogue on key human rights issues with civil society institutions, media outlets, local and international organizations, including other branches of government.

"Every dialogue, exchange of views eventually creates conditions to find optimal ways, providing additional support to relevant entities to coordinate different views and find a common ground. In this sense, issues of relations between the citizens and the press, media and the public are urgent in Azerbaijani society," Hasanov said.

Hasanov said the important clauses dealing with the protection of human rights and freedoms in Azerbaijan are reflected in the Constitution, which was adopted in 1995.

"Most of the laws and initiatives taken after the adoption of the Constitution are aimed at full-fledged ensuring of human rights in the society, studying and applying the most advanced international experience. We want and aspire to build such a society in which the balance of human rights would be preserved and the rights would be fully safeguarded," Hasanov said, adding that legislative initiatives should be aimed in that direction.

OSCE's efforts on freedom of speech

Speaking at the roundtable, head of the OSCE Office in Baku Koray Targay noted that freedom of speech and press are the most important basic principles of the OSCE.

"This issue has been discussed in Azerbaijan for years. I believe the parliament should hold serious discussions on this issue. The Milli Majlis represents the national will, therefore, it is wrong to criticize. Hopefully, official work will start in the next few days," Targay said.

Targay said the press in Azerbaijan has not yet reached the level of professionalism.

He also said the OSCE will continue its negotiations with the Milli Majlis and civil society.

"The main objective for us is to ensure freedom of speech and expression in the Azerbaijani press," he said.

Chairman of the Council of State Support to NGOs under the President of Azerbaijan Azay Guliyev said the discussion of the law on defamation is important and the views of all parties will be expressed.

The event participants also discussed ways of strengthening the platform for constructive dialogue between the government and civil society.

During the event, presentations were also delivered by Director of Office of Democracy and Governance at USAID Azerbaijan Ronald Glass, chairman of the Azerbaijan Lawyers Confederation, MP Ali Huseynli, chairman of the Press Council Aflatun Amashov, head of the ABA Representation in Azerbaijan Robert Stier.

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