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Institute for War and Peace Reporting, UK
IWPR Caucasus Reporting #728
March 22 2014
Armenia Mulls Web Libel Law
Legislators want to remove user anonymity, though experts point out
that might not be technically possible.
By Haykuhi Barseghyan - Caucasus
A bill going before Armenia's parliament would introduce restrictions
on anonymity on the internet. 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 penalise 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.
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 this
cases it did not count as 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 organisations 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 organisations 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.
Haykuhi Barseghyan is a journalist who works for the weekly Ankakh
newspaper and the website www.ankah.com
http://iwpr.net/report-news/armenia-mulls-web-libel-law
From: Emil Lazarian | Ararat NewsPress
IWPR Caucasus Reporting #728
March 22 2014
Armenia Mulls Web Libel Law
Legislators want to remove user anonymity, though experts point out
that might not be technically possible.
By Haykuhi Barseghyan - Caucasus
A bill going before Armenia's parliament would introduce restrictions
on anonymity on the internet. 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 penalise 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.
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 this
cases it did not count as 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 organisations 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 organisations 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.
Haykuhi Barseghyan is a journalist who works for the weekly Ankakh
newspaper and the website www.ankah.com
http://iwpr.net/report-news/armenia-mulls-web-libel-law
From: Emil Lazarian | Ararat NewsPress