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ARMENIA CONSTITUTIONAL COURT SEEKS TO CURB LIBEL SUITS
epress.am
11.16.2011
Armenia's Constitutional Court on Tuesday instructed lower courts to
be more cautious in handling libel lawsuits filed against media and
generally avoid imposing hefty fines on them.
The ruling could curb a sharp rise in defamation cases that followed
the adoption by the Armenian parliament in April 2010 of controversial
amendments to media legislation, RFE/RL's Armenian service reports.
The amendments decriminalized libel but drastically toughened
financial penalties for such offences. About 30 libel suits have
since been filed by current and former government officials and
government-linked businessmen.
Independent media outlets as well as local and international media
watchdogs consider this a serious threat to press freedom in the
country.
The state human rights ombudsman, Karen Andreasyan, added his voice to
these concerns last month. He asked the Constitutional Court to look
into the corresponding article of Armenia's Civil Code and consider
declaring it unconstitutional.
The court upheld the legality of the clause but issued several
significant instructions on how it should be enforced by the Armenian
judiciary. In particular, it ruled that media outlets cannot be
held liable for their "critical assessment of facts" and "evaluation
judgments."
"For the role of the media is greater than merely reporting facts,"
the court chairman, Gagik Harutiunian, said, announcing the verdict.
"The media is obliged to interpret events and facts in order to inform
the society and foster debate on issues important to the society."
The ruling stressed that broadcasters, newspapers and online news
services found guilty of defamation of character must generally
be ordered to issue an apology or provide other "non-material
compensation" to plaintiffs.
It also said that the amount of libel damages set by Armenian courts
should depend on the financial strength of media outlets facing
legal action.
"They must take into account the size of the respondent's income
and not impose a disproportionately heavy financial burden on the
respondent that would have a decisive negative financial influence
on the latter's activities," concluded the panel of nine judges.
Virtually all Armenian newspapers struggle to pay thousands of
dollars in damages typically demanded by plaintiffs. One paper,
Haykakan Jamanak, had to resort to public fundraising after being
fined 6 million drams ($15,800 USD) last February.
Andreasyan was satisfied with the Constitutional Court's interpretation
of the libel legislation, calling it "sufficiently encouraging." He
expressed confidence that district-level and courts will not be able
to ignore the ruling.
"It will have a positive influence even in case of the worst possible
judge," Andreasyan told RFE/RL's Armenian service (Azatutyun.am).
There was no immediate reaction to the Constitutional Court's decision
from Armenian media associations.
epress.am
11.16.2011
Armenia's Constitutional Court on Tuesday instructed lower courts to
be more cautious in handling libel lawsuits filed against media and
generally avoid imposing hefty fines on them.
The ruling could curb a sharp rise in defamation cases that followed
the adoption by the Armenian parliament in April 2010 of controversial
amendments to media legislation, RFE/RL's Armenian service reports.
The amendments decriminalized libel but drastically toughened
financial penalties for such offences. About 30 libel suits have
since been filed by current and former government officials and
government-linked businessmen.
Independent media outlets as well as local and international media
watchdogs consider this a serious threat to press freedom in the
country.
The state human rights ombudsman, Karen Andreasyan, added his voice to
these concerns last month. He asked the Constitutional Court to look
into the corresponding article of Armenia's Civil Code and consider
declaring it unconstitutional.
The court upheld the legality of the clause but issued several
significant instructions on how it should be enforced by the Armenian
judiciary. In particular, it ruled that media outlets cannot be
held liable for their "critical assessment of facts" and "evaluation
judgments."
"For the role of the media is greater than merely reporting facts,"
the court chairman, Gagik Harutiunian, said, announcing the verdict.
"The media is obliged to interpret events and facts in order to inform
the society and foster debate on issues important to the society."
The ruling stressed that broadcasters, newspapers and online news
services found guilty of defamation of character must generally
be ordered to issue an apology or provide other "non-material
compensation" to plaintiffs.
It also said that the amount of libel damages set by Armenian courts
should depend on the financial strength of media outlets facing
legal action.
"They must take into account the size of the respondent's income
and not impose a disproportionately heavy financial burden on the
respondent that would have a decisive negative financial influence
on the latter's activities," concluded the panel of nine judges.
Virtually all Armenian newspapers struggle to pay thousands of
dollars in damages typically demanded by plaintiffs. One paper,
Haykakan Jamanak, had to resort to public fundraising after being
fined 6 million drams ($15,800 USD) last February.
Andreasyan was satisfied with the Constitutional Court's interpretation
of the libel legislation, calling it "sufficiently encouraging." He
expressed confidence that district-level and courts will not be able
to ignore the ruling.
"It will have a positive influence even in case of the worst possible
judge," Andreasyan told RFE/RL's Armenian service (Azatutyun.am).
There was no immediate reaction to the Constitutional Court's decision
from Armenian media associations.