Tweet
YEREVAN PRESS CLUB WEEKLY NEWSLETTER
FEBRUARY 1-7, 2013
HIGHLIGHTS:
INFORMATION DISPUTES COUNCIL OPINION ON SUIT OF BUSINESSMAN KHACHIK
KHACHATRIAN VERSUS "ZHOGHOVURD" DAILY
THE VOICE OF RUSSIA UNILATERALLY ENDS COOPERATION WITH RADIO "HAY"
CRIMINAL PROCEEDINGS FOR IMPEDING PROFESSIONAL ACTIVITIES OF A JOURNALIST
POLITICALLY MOTIVATED DEFAMATION LAWSUITS NO LONGER APPEAR TO BE A SERIOUS
PROBLEM IN ARMENIA, HUMAN RIGHTS WATCH BELIEVES
COMPETITION TO FILL IN VACANCY IN PTRC COUNCIL ANNOUNCED
INFORMATION DISPUTES COUNCIL OPINION ON SUIT OF BUSINESSMAN KHACHIK
KHACHATRIAN VERSUS "ZHOGHOVURD" DAILY
On February 5, the Information Disputes Council released an opinion on the
suit of businessman Khachik Khachatrian and his company "Yerevan Poultry"
versus the founder of "Zhoghovurd" newspaper, "Editorial Office of
'Zhoghovurd' Daily" LLC, and the daily's correspondent Sona Grigorian. As it
has been reported, the reason for the suit was the article, "Famous Oligarch
Fined for Selling Expired Eggs", published by "Zhoghovurd" on December 11,
2012. On January 10, 2013, the Court of General Jurisdiction of Kentron and
Nork-Marash Administrative Districts of Yerevan submitted the suit. The
plaintiffs demanded from the respondents a refutation and compensation of
damage, caused by libel and insult, in the amount of 3 mln AMD (about $
7,300). Moreover, the Court partially secured the motion of the plaintiffs
and put the property of "Zhoghovurd" founder and Sona Grigorian under arrest
as a measure to secure the claim (see details in YPC Weekly Newsletter,
January 25-31, 2013).
Taking into account that the court hearing is still at a preparatory phase
(the first preliminary session is assigned on March 22, 2013, Ed. Note), the
IDC abstained from expressing opinion about the merits of the case and only
touched upon the abovementioned motion. According to the IDC, in the way
that the Court has secured the motion, it is not deemed as interference to
the freedom of the media outlet. Consequently, the newspaper's right to
receive and impart information was not violated, even though under some
circumstances the ban on the media's property may restrict its right to
freedom of expression.
As far as the plaintiff's request of monetary compensation is concerned, the
IDC assessed it as excessively disproportionate. In general, the IDC finds
that when submitting claims versus media and journalists the political
figures should abstain from demanding pecuniary compensation: "The highest
compensation award amounts demanded from journalists and media between
2010-2012 were as a rule requested by political figures, which is a
fallacious practice." Whereas, the political figures, who serve the public
interest, just like the journalists, should apply other methods of legal
protection - as defined by law. Meanwhile, the above-mentioned statistics
prompt that very often the demands for monetary compensation awards pursues
the goal of punishing the media rather than restoring a violated right, the
IDC stressed.
The full opinion of the Information Disputes Council is available in
Armenian and English at http://www.ypc.am/expert/ln/eng.
THE VOICE OF RUSSIA UNILATERALLY ENDS COOPERATION WITH RADIO "HAY"
Since February 1, Radio "Hay" stopped the rebroadcast of the Voice of
Russia, Russian state-owned radio broadcasting company. The press release,
disseminated by Radio "Hay" on January 31 notes that the Voice of Russia has
unilaterally broken the agreement on cooperation. According to the press
release, the reason for this decision is the hunger strike of the Head of
Radio "Hay", Andrias Ghukasian, currently running in RA presidential
elections. It should be noted that the presidency candidate Andrias
Ghukasian started his strike from January 21, on the first day of
pre-election promotion, to protest against the participation in the
elections of the incumbent RA President Serzh Sargsian.
CRIMINAL PROCEEDINGS FOR IMPEDING PROFESSIONAL ACTIVITIES OF A JOURNALIST
In the evening of January 30, at the auto pound of Yerevan Traffic Police an
incident occurred with photojournalist Gagik Shamshian. In the journalist's
account, he arrived at the pound to shoot the cars, delivered by the police
officers from the site of the accident. According to Shamshian, he was
insulted and threatened by the owner of one of the cars, a certain R.S.,
when he was noticed taking photos. The police officers present at the site
detained R.S. Thus, criminal proceedings were instituted on charges of
Articles 164 ("Impeding the Legitimate Professional Activities of a
Journalist") and 258 ("Public Disorder") of RA Criminal Code. Gagik
Shamshian also reported that he is recognized victim in the case, and that a
preventive measure of arrest for two months was applied towards R.S., taking
into account his other actions.
POLITICALLY MOTIVATED DEFAMATION LAWSUITS NO LONGER APPEAR TO BE A SERIOUS
PROBLEM IN ARMENIA, HUMAN RIGHTS WATCH BELIEVES
On January 31, the international "Human Rights Watch" organization released
its report on human rights practices in over 90 countries of the world in
2012 (http://www.hrw.org/world-report/2013).
In the section on Armenia, the report also presents the situation on the
freedom of expression. "Politically motivated defamation lawsuits no longer
appear to be a serious problem," the report of "Human Rights Watch"
emphasizes, in particular. At the same time, the authors of the report
reminded about the June 2012 Parliamentary Assembly of the Council of Europe
report on media freedom in Europe, which found that Armenian journalists'
capacity to report was "hampered by pressures of self-censorship" and
expressed concern about Armenian TV companies' use of political
advertisements in news coverage. The "Human Rights Watch" also indicates
some cases of journalists' rights violation: on May 6, 2012, on the day of
elections to RA National Assembly, incidents occurred with Elina
Chillingarian, correspondent of Radio Free Europe/Radio Liberty Armenian
Service, in Yerevan, and with Karen Alekian, correspondent of "Maks-Info"
news agency, in Gyumri.
However, we would like to stress that the suit of businessman Khachik
Khachatrian against "Zhoghovurd" daily, filed in the beginning of the year
(see above, as well as the "Property of "Zhoghovurd" Daily Put under Arrest"
of YPC Weekly Newsletter at http://ypc.am/bulletin/t/45595/ln/eng),
signifies that the Armenian court practice on defamation cases against media
is still not immune from decisions that restrict the freedom of expression,
and this issue should be in the spotlight of journalistic and human rights
organizations.
COMPETITION TO FILL IN VACANCY IN PTRC COUNCIL ANNOUNCED
On February 7, the RA President Serzh Sargsian signed a decree on holding a
competition to fill in a vacancy in the Council of Public TV and Radio
Company. The competition was announced due to the term expiration of the
PTRC Council Chairman Alexan Harutiunian.
The competition jury included: the Chairman - Avetis Berberian, Assistant to
RA President; Secretary - Meri Harutiunian, Head of Information and Public
Relations Department of RA President's Administration; jury members - Henrik
Hovhannisian, Head of Theatre Department of the Institute of Arts of RA
National Academy of Science; Tigran Farmanian, Chief Editor of "Hayastani
Hanrapetutiun" daily; Flora Nakhshkarian, Chief Editor of "Golos Armenii"
newspaper.
Armenian citizens that are reputed and competent professionals in
journalism, law, TV and radio management, science, culture and arts, having
higher education and fluent in Armenian language, may take part in the
competition. The following individuals are ineligible for the position of
PTRC Council member: members of governing bodies of political parties;
foreign citizens and people with no citizenships; heads of public and
private TV and radio companies; individuals having contractual relations
with TV and radio companies.
The deadline for application submission is February 17, 2013.
When reprinting or using the information above, reference to the Yerevan
Press Club is required.
You are welcome to send any comment and feedback about the Newsletter to:
[email protected]
Subscription for the Newsletter is free. To subscribe or unsubscribe from
this mailing list, please send a message to: [email protected]
Editor of YPC Newsletter - Elina POGHOSBEKIAN
____________________________________________
Yerevan Press Club
9B, Ghazar Parpetsi str.
0002, Yerevan, Armenia
Tel.: (+ 374 10) 53 00 67; 53 35 41; 53 76 62
Fax: (+374 10) 53 56 61
E-mail: [email protected]
Web Site: www.ypc.am
FEBRUARY 1-7, 2013
HIGHLIGHTS:
INFORMATION DISPUTES COUNCIL OPINION ON SUIT OF BUSINESSMAN KHACHIK
KHACHATRIAN VERSUS "ZHOGHOVURD" DAILY
THE VOICE OF RUSSIA UNILATERALLY ENDS COOPERATION WITH RADIO "HAY"
CRIMINAL PROCEEDINGS FOR IMPEDING PROFESSIONAL ACTIVITIES OF A JOURNALIST
POLITICALLY MOTIVATED DEFAMATION LAWSUITS NO LONGER APPEAR TO BE A SERIOUS
PROBLEM IN ARMENIA, HUMAN RIGHTS WATCH BELIEVES
COMPETITION TO FILL IN VACANCY IN PTRC COUNCIL ANNOUNCED
INFORMATION DISPUTES COUNCIL OPINION ON SUIT OF BUSINESSMAN KHACHIK
KHACHATRIAN VERSUS "ZHOGHOVURD" DAILY
On February 5, the Information Disputes Council released an opinion on the
suit of businessman Khachik Khachatrian and his company "Yerevan Poultry"
versus the founder of "Zhoghovurd" newspaper, "Editorial Office of
'Zhoghovurd' Daily" LLC, and the daily's correspondent Sona Grigorian. As it
has been reported, the reason for the suit was the article, "Famous Oligarch
Fined for Selling Expired Eggs", published by "Zhoghovurd" on December 11,
2012. On January 10, 2013, the Court of General Jurisdiction of Kentron and
Nork-Marash Administrative Districts of Yerevan submitted the suit. The
plaintiffs demanded from the respondents a refutation and compensation of
damage, caused by libel and insult, in the amount of 3 mln AMD (about $
7,300). Moreover, the Court partially secured the motion of the plaintiffs
and put the property of "Zhoghovurd" founder and Sona Grigorian under arrest
as a measure to secure the claim (see details in YPC Weekly Newsletter,
January 25-31, 2013).
Taking into account that the court hearing is still at a preparatory phase
(the first preliminary session is assigned on March 22, 2013, Ed. Note), the
IDC abstained from expressing opinion about the merits of the case and only
touched upon the abovementioned motion. According to the IDC, in the way
that the Court has secured the motion, it is not deemed as interference to
the freedom of the media outlet. Consequently, the newspaper's right to
receive and impart information was not violated, even though under some
circumstances the ban on the media's property may restrict its right to
freedom of expression.
As far as the plaintiff's request of monetary compensation is concerned, the
IDC assessed it as excessively disproportionate. In general, the IDC finds
that when submitting claims versus media and journalists the political
figures should abstain from demanding pecuniary compensation: "The highest
compensation award amounts demanded from journalists and media between
2010-2012 were as a rule requested by political figures, which is a
fallacious practice." Whereas, the political figures, who serve the public
interest, just like the journalists, should apply other methods of legal
protection - as defined by law. Meanwhile, the above-mentioned statistics
prompt that very often the demands for monetary compensation awards pursues
the goal of punishing the media rather than restoring a violated right, the
IDC stressed.
The full opinion of the Information Disputes Council is available in
Armenian and English at http://www.ypc.am/expert/ln/eng.
THE VOICE OF RUSSIA UNILATERALLY ENDS COOPERATION WITH RADIO "HAY"
Since February 1, Radio "Hay" stopped the rebroadcast of the Voice of
Russia, Russian state-owned radio broadcasting company. The press release,
disseminated by Radio "Hay" on January 31 notes that the Voice of Russia has
unilaterally broken the agreement on cooperation. According to the press
release, the reason for this decision is the hunger strike of the Head of
Radio "Hay", Andrias Ghukasian, currently running in RA presidential
elections. It should be noted that the presidency candidate Andrias
Ghukasian started his strike from January 21, on the first day of
pre-election promotion, to protest against the participation in the
elections of the incumbent RA President Serzh Sargsian.
CRIMINAL PROCEEDINGS FOR IMPEDING PROFESSIONAL ACTIVITIES OF A JOURNALIST
In the evening of January 30, at the auto pound of Yerevan Traffic Police an
incident occurred with photojournalist Gagik Shamshian. In the journalist's
account, he arrived at the pound to shoot the cars, delivered by the police
officers from the site of the accident. According to Shamshian, he was
insulted and threatened by the owner of one of the cars, a certain R.S.,
when he was noticed taking photos. The police officers present at the site
detained R.S. Thus, criminal proceedings were instituted on charges of
Articles 164 ("Impeding the Legitimate Professional Activities of a
Journalist") and 258 ("Public Disorder") of RA Criminal Code. Gagik
Shamshian also reported that he is recognized victim in the case, and that a
preventive measure of arrest for two months was applied towards R.S., taking
into account his other actions.
POLITICALLY MOTIVATED DEFAMATION LAWSUITS NO LONGER APPEAR TO BE A SERIOUS
PROBLEM IN ARMENIA, HUMAN RIGHTS WATCH BELIEVES
On January 31, the international "Human Rights Watch" organization released
its report on human rights practices in over 90 countries of the world in
2012 (http://www.hrw.org/world-report/2013).
In the section on Armenia, the report also presents the situation on the
freedom of expression. "Politically motivated defamation lawsuits no longer
appear to be a serious problem," the report of "Human Rights Watch"
emphasizes, in particular. At the same time, the authors of the report
reminded about the June 2012 Parliamentary Assembly of the Council of Europe
report on media freedom in Europe, which found that Armenian journalists'
capacity to report was "hampered by pressures of self-censorship" and
expressed concern about Armenian TV companies' use of political
advertisements in news coverage. The "Human Rights Watch" also indicates
some cases of journalists' rights violation: on May 6, 2012, on the day of
elections to RA National Assembly, incidents occurred with Elina
Chillingarian, correspondent of Radio Free Europe/Radio Liberty Armenian
Service, in Yerevan, and with Karen Alekian, correspondent of "Maks-Info"
news agency, in Gyumri.
However, we would like to stress that the suit of businessman Khachik
Khachatrian against "Zhoghovurd" daily, filed in the beginning of the year
(see above, as well as the "Property of "Zhoghovurd" Daily Put under Arrest"
of YPC Weekly Newsletter at http://ypc.am/bulletin/t/45595/ln/eng),
signifies that the Armenian court practice on defamation cases against media
is still not immune from decisions that restrict the freedom of expression,
and this issue should be in the spotlight of journalistic and human rights
organizations.
COMPETITION TO FILL IN VACANCY IN PTRC COUNCIL ANNOUNCED
On February 7, the RA President Serzh Sargsian signed a decree on holding a
competition to fill in a vacancy in the Council of Public TV and Radio
Company. The competition was announced due to the term expiration of the
PTRC Council Chairman Alexan Harutiunian.
The competition jury included: the Chairman - Avetis Berberian, Assistant to
RA President; Secretary - Meri Harutiunian, Head of Information and Public
Relations Department of RA President's Administration; jury members - Henrik
Hovhannisian, Head of Theatre Department of the Institute of Arts of RA
National Academy of Science; Tigran Farmanian, Chief Editor of "Hayastani
Hanrapetutiun" daily; Flora Nakhshkarian, Chief Editor of "Golos Armenii"
newspaper.
Armenian citizens that are reputed and competent professionals in
journalism, law, TV and radio management, science, culture and arts, having
higher education and fluent in Armenian language, may take part in the
competition. The following individuals are ineligible for the position of
PTRC Council member: members of governing bodies of political parties;
foreign citizens and people with no citizenships; heads of public and
private TV and radio companies; individuals having contractual relations
with TV and radio companies.
The deadline for application submission is February 17, 2013.
When reprinting or using the information above, reference to the Yerevan
Press Club is required.
You are welcome to send any comment and feedback about the Newsletter to:
[email protected]
Subscription for the Newsletter is free. To subscribe or unsubscribe from
this mailing list, please send a message to: [email protected]
Editor of YPC Newsletter - Elina POGHOSBEKIAN
____________________________________________
Yerevan Press Club
9B, Ghazar Parpetsi str.
0002, Yerevan, Armenia
Tel.: (+ 374 10) 53 00 67; 53 35 41; 53 76 62
Fax: (+374 10) 53 56 61
E-mail: [email protected]
Web Site: www.ypc.am