Freedom of Speech and Expression

Situation in Armenia

Article 7 of RA Constitution states that everyone has the right to freedom of expression including freedom to search for, receive and impart information and ideas by any means of information regardless of the state frontiers.

In June 2010 the Law of the Republic of Armenia on Television and Radio Broadcasting was amended and was strongly criticized by many international and domestic organizations. They underlined the lack of legal bases for foundation and operation of non-state broadcasting operators and emerging from it regulations on licensing process as well as the fact of dependence of the licensing body on the Government.

After adoption of this bill the number of TV channels broadcasting in the capital was cut from 22 to 18 from 2011, which endangered the variety of broadcasting.

On June 20 and 27, 2010 the National Commission of Radio and Television (NCRT) announced a tender on licensing of broadcasting through digital broadcasting network within the territory of the Republic of Armenia. Overall, there were 25 tenders. The results of the tenders were summarized on the 16th and 23rd of December. Broadcasting licenses were not granted to "A1+", "GALA" (Gyumri) and "ALM" TV Channels.

Half of the NCRT members are appointed by RA National Assembly, the rest are assigned by the President (Article 38 of the Law on Radio and Television Broadcasting). Taking into consideration the composition of the current RA National Assembly and political traditions formed in Armenia, it should be said that the RA President and Parliamentary majority represent the same coalition, which empower the authorities to form the managing body upon their discretion[1].

On May 18, 2010 RA National Assembly adopted Law on Amendments to Civil Code of the Republic of Armenia, Law on Amendments to Criminal Code of the Republic of Armenia.

As a result of the amendments libel and insult are decriminalized, which is a positive.... However, there are some concerns regarding the vagueness of the definition of "libel" and "insult" as well as large-scale compensations in the Criminal and Civil Codes.

The United Nations Special Rapporteur on Freedom of Opinion and Expression, the OSCE Representative on Freedom of the Media and the OAS Special Rapporteur on Freedom of Expression stated in their Joint Declaration on International Mechanisms for Promoting Freedom of Expression that "civil sanctions for defamation should not be so large as to exert a chilling effect on freedom of expression" and on the freedom to search for, receive and impart information.[2]

Apart from legislative issues, there are problems in practice as judges do not always apply laws in accordance with international standards, taking into consideration EC(t)HR case law.

After the amendments increase in petitions against mass media in regard of libel and insult was observed.

The fist verdict concerning a claim on label and insult was made in the beginning of 2011. The court decided that "Haykakan Zhamanak" (Հայկական ժամանակ -Armenian Time) newspaper should pay compensation to Samvel Aleksanyan, Levon Sargsyan and Ruben Hayrapetyan in the amount of AMD 2,044,000 each for discrediting their honor and business reputation.

Later, another decision was made against Hraparak («Հրապարակ») newspaper in regard of freezing the financial means of the media. The petition was initiated by the attorney of RA second president Robert Kocharyan, who has filed a complaint against the newspaper for label and insult. Later on the ban was removed as a result of the resonance raised by mass media.

The trail continues. Robert Kocharyan demands AMD 6,000,000 as compensation. The RA second president's family demands the same amount of money from Zhamanak («Ժամանակ») newspaper for discrediting the honor, dignity and good name of the family.

Tigran Arzumanyan, a depute from Hanrapetakan party filed a petition against Yerkir (Երկիր) newspaper for discrediting the honor, dignity and business reputation demanding AMD 3,568,000 of compensation. The article of the newspaper statedthat Arzakantsyan spent his free time at casinos.

On May 3, 2010 Freedom House international human rights organization published a report on the state of free media in the world, according to which Armenia is still among countries with constrained media.

[1] Armenia's ENP Implementation in 2010. Partnership for Open Society Perspective; November, 2010, p. 33 [2] UN Special Rapporteur on Freedom of Opinion and Expression, the OSCE Representative on Freedom of the Media and the OAS Special Rapporteur on Freedom of Expression Joint Declaration on International Mechanisms for Promoting Freedom of Expression (Current Challenges to Media Freedom), November 30, 2000, London available at: http://www.osce.org/fom/40190

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