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Armenian Parliament Introduces Bill Threatening Online Anonymity

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  • Armenian Parliament Introduces Bill Threatening Online Anonymity

    ARMENIAN PARLIAMENT INTRODUCES BILL THREATENING ONLINE ANONYMITY

    http://asbarez.com/122084/armenian-parliament-introduces-bill-threatening-online-anonymity/
    Friday, April 18th, 2014

    The law, if passed, will penalize media outlets that publish defamatory
    material from anonymous sources

    YEREVAN (IWPR)--A bill going before Armenia's parliament would
    introduce restrictions on anonymity on the internet, reports the
    Institute for War & Peace Reporting. Supporters say it should curb
    defamatory language on the web, but free speech advocates warn that
    it might also constrain legitimate expression of opinion.

    The law will be debated on March 31. If passed, it will penalize
    media outlets that publish defamatory material from anonymous or fake
    sources. They will also be liable for online comments posted on their
    websites unless they identify the author. In the latter case, they
    will be able to avoid prosecution by removing the offending comment
    within 12 hours.

    The text of the law cites "dissemination of defamatory information
    through false user accounts on social media" as an increasing
    problem, and sets out to define who is legally liable when such
    material appears.

    "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,"
    Edmon Marukyan, one of those who drafted the bill, told IWPR.

    Marukyan said the proposed law drew on a ruling at the European Court
    of Human Rights which upheld an Estonian court's decision that an
    online news portal was legally liable for the user comments that
    appeared on its pages.

    "Everyone has found out that sites bear responsibility for publishing
    defamatory comments," he said, explaining that the purpose of the
    bill was to clarify liability, not curb expression.

    "What we are proposing is either to reveal the identity of these
    anonymous users, or just removing the content so that the website
    won't have to be liable," he said.

    Those likely to be affected by the planned regulations are worried
    nevertheless.

    Blogger Samvel Martirosyan set out his concerns in a piece on his
    website www.banman.am.

    "I am sure that the authors of this law did not have dark aims.

    However, I think it could be a very good weapon in the hands of those
    who wish to end freedom of speech on the internet," he wrote.

    Martirosyan pointed out a number of technical obstacles, such as
    the fact that social media sites like Facebook are based outside
    Armenian jurisdiction.

    In addition, he said, the concept of "anonymous user" was meaningless
    given that most social media sites did not insist that users register
    with their real names.

    Facebook and Linkedin were the exceptions, he wrote, but even in
    those cases it did not amount to a legal requirement.

    "On other social networks, it is not a requirement. On many sites,
    the reverse principle applies," he wrote.

    What this means, according to Martirosyan, is that "under the terms
    of this bill, we are all anonymous users".

    By contrast, lawyer Artur Grigoryan argues for some form of regulation.

    "You shouldn't confuse freedom of the media with anarchy in the media,"
    he told IWPR.

    In particular, Grigoryan said that media outlets should not repeat
    information from social networks unless they could confirm it
    themselves. "If something is being discussed on Facebook, let it stay
    there," he added.

    Armenian media organizations are so concerned about the implications
    of the bill that a group of them have written to the drafting team
    asking for it to be withdrawn. They argue that Armenia's current
    legislation already addresses all the issues.

    "These changes to the law would harm honest users of information
    sources, and force Armenia internet users to emigrate from the virtual
    space that comes under national jurisdiction," their letter said.

    Representatives of the media organizations that signed the statement
    met parliamentarians on March 17. Ashot Melikyan from the Committee
    for Protection of Freedom of Speech, said the discussions failed to
    produce an agreement, but that the bill's authors did agree to look
    at some of the wording again.

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