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ARMENIAN BILL THREATENS ONLINE ANONYMITY
EFF Electronic Frontier Foundation
April 17 2014
By Kimberly Carlson
In Armenia, online anonymity could be a luxury of the past if a bill
that is currently before the Armenian parliament is passed. The bill
would make it illegal for media outlets to publish defamatory content
by anonymous or fake sources. Additionally, under this bill, sites
that host libelous comments that are posted anonymously or under a
pseudonym would be required to remove such content within 12 hours
unless an author is identified.
Edmon Marukyan, one of the bill's drafters, explained the goal of
the bill saying, "You can remain incognito as much as you like. Write
your posts, but if they end up in the media, then someone has to bear
responsibility." Thus this bill was drafted in an effort to hold a
party accountable if and when the dissemination of defamatory material
on public websites occurs. However, the need for Armenian legislators
to target media outlets and hold them responsible for this type of
commentary greatly infringes upon the right to freedom of expression
and association. Marukyan believes that sites "bear responsibility"
for users' comments, but said "the purpose of the bill was to clarify
liability, not curb expression." Unfortunately, the bill would most
certainly curb expression--stifling the commentary of those who would
no longer feel secure posting on a medium that would require them to
reveal their true self.
Holding a public electronic site liable for its users' commentary is
risky, as displayed in a legal analysis of the Armenian bill published
in March 2014 by the Organization for Security and Co-operation
in Europe (OSCE). The OSCE raises concerns with the bill, mainly
criticizing it for its excessively broad scope, vague definitions,
and general lack of clarity. The OSCE proposes that Armenia, though
not a member state of the European Union (and thus not legally bound
to EU law), look to European law and other directives as a guide
for determining whether the bill upholds the right to freedom of
expression as outlined by the Universal Declaration of Human Rights.
Legislation that is noted in the OSCE's legal analysis includes
Directive 95/46/EC (Directive on Data Protection), "a reference text,
at European level, on the protection of personal data."
Furthermore, the OSCE notes that since Armenia is a member state
of the United Nations, it is obligated to uphold the civil and
political rights of individuals outlined in the International
Covenant on Civil and Political Rights (ICCPR)--an international
treaty aimed at preserving the right to freedom of expression,
amongst other liberties. Additionally, the legal analysis points to
the International Principles on the Application of Human Rights to
Communications Surveillance (the 13 Principles) as another guide for
the Armenian parliament to use when determining whether or not the
proposed bill is consistent with human rights law.
The OSCE writes that if the bill is passed, it's "likely to discourage
Internet operators from carrying out business in the Republic of
Armenia, since the risk of being charged with liability for defamation
is apparently doomed to increase." It would be devastating if certain
online platforms that were once available for anonymous users to post
and exercise their basic human right to freedom of expression were
suddenly inaccessible.
Stay tuned for updates on the bill and click here to read the Legal
Analysis of Draft Amendments to the Civil Code of the Republic of
Armenia in its entirety.
https://www.eff.org/deeplinks/2014/04/armenian-bill-threatens-online-anonymity
EFF Electronic Frontier Foundation
April 17 2014
By Kimberly Carlson
In Armenia, online anonymity could be a luxury of the past if a bill
that is currently before the Armenian parliament is passed. The bill
would make it illegal for media outlets to publish defamatory content
by anonymous or fake sources. Additionally, under this bill, sites
that host libelous comments that are posted anonymously or under a
pseudonym would be required to remove such content within 12 hours
unless an author is identified.
Edmon Marukyan, one of the bill's drafters, explained the goal of
the bill saying, "You can remain incognito as much as you like. Write
your posts, but if they end up in the media, then someone has to bear
responsibility." Thus this bill was drafted in an effort to hold a
party accountable if and when the dissemination of defamatory material
on public websites occurs. However, the need for Armenian legislators
to target media outlets and hold them responsible for this type of
commentary greatly infringes upon the right to freedom of expression
and association. Marukyan believes that sites "bear responsibility"
for users' comments, but said "the purpose of the bill was to clarify
liability, not curb expression." Unfortunately, the bill would most
certainly curb expression--stifling the commentary of those who would
no longer feel secure posting on a medium that would require them to
reveal their true self.
Holding a public electronic site liable for its users' commentary is
risky, as displayed in a legal analysis of the Armenian bill published
in March 2014 by the Organization for Security and Co-operation
in Europe (OSCE). The OSCE raises concerns with the bill, mainly
criticizing it for its excessively broad scope, vague definitions,
and general lack of clarity. The OSCE proposes that Armenia, though
not a member state of the European Union (and thus not legally bound
to EU law), look to European law and other directives as a guide
for determining whether the bill upholds the right to freedom of
expression as outlined by the Universal Declaration of Human Rights.
Legislation that is noted in the OSCE's legal analysis includes
Directive 95/46/EC (Directive on Data Protection), "a reference text,
at European level, on the protection of personal data."
Furthermore, the OSCE notes that since Armenia is a member state
of the United Nations, it is obligated to uphold the civil and
political rights of individuals outlined in the International
Covenant on Civil and Political Rights (ICCPR)--an international
treaty aimed at preserving the right to freedom of expression,
amongst other liberties. Additionally, the legal analysis points to
the International Principles on the Application of Human Rights to
Communications Surveillance (the 13 Principles) as another guide for
the Armenian parliament to use when determining whether or not the
proposed bill is consistent with human rights law.
The OSCE writes that if the bill is passed, it's "likely to discourage
Internet operators from carrying out business in the Republic of
Armenia, since the risk of being charged with liability for defamation
is apparently doomed to increase." It would be devastating if certain
online platforms that were once available for anonymous users to post
and exercise their basic human right to freedom of expression were
suddenly inaccessible.
Stay tuned for updates on the bill and click here to read the Legal
Analysis of Draft Amendments to the Civil Code of the Republic of
Armenia in its entirety.
https://www.eff.org/deeplinks/2014/04/armenian-bill-threatens-online-anonymity