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ARMENIAN MEDIA FIGHTING FOR A RIGHT TO PRIVACY
Armenian media came into resistance after the Court of Appeal has
ruled against the country's right to protect confidential sources.
The decision of 22 September is seen as a major setback for media
freedom which could make it impossible for journalists to give an
absolute guarantee of confidentiality when they interview someone. The
appeal was filed by the newspaper Hraparak and website ilur.am after a
decision by June 26 of a trial court to ask them to reveal the source
of the reports they published in May.Their stories have alleged that
the police chief of the region of Shirak, had assaulted two men,
the Olympic champion wrestler Artur Alexanyan and his brother Rafael.
The newspaper and Web site have been trained in the courts by
the Special Investigation Service (SIS), a government agency that
investigates allegations of violations of the public sector. SIS took
the case on the grounds that he had no evidence that the incident had
actually happened, and he cited a legal clause allowing the courts
to force journalists to reveal their sources in cases involving a
serious crime.
After the decision in June, Susan Simonian, the author of the article
Hraparak, told IWPR that the decision was "an attempt to intimidate
the press" and that "we have no intention of reveal the source of
our information. "
In a statement after the appeal has been rejected, the editorial
management Ilur.am said he was not surprised by a decision he
considered "a serious challenge to justice, freedom of the media,
and democratic principles. "
Artak Zeynalyan, a lawyer acting both Ilur.am and Hraparak, questioned
the reasoning behind the prosecution case.
"They say that journalists who wrote these high-profile items were
unable to provide reasons for the need to maintain the confidentiality
of their sources.What this means is that the court works on the Soviet
model, where the thought is that the accused must prove his innocence,
"said Artak Zeynalyan IWPR.
The remedies are not yet exhausted. Artak Zeynalyan said the next
step is to go to the Court of Cassation, a higher body authorized
to decide on how the law is applied. But he acknowledged that the
chances that the court reverses the decision was "minimal."
Hraparak editor Armine Ohanian, said that after the Supreme Court,
the case could be submitted to the European Court of Human Rights
(ECHR) in Strasbourg.
Other journalists and media advocates are watching the case with great
concern. "We believe that this court decision goes against freedom of
expression, and against media legislation because what is clear is that
in all circumstances a source must be revealed," said Vasak Darbinyan,
the Committee for the Defence of Freedom of Expression IWPR. "The
activities of the Prosecution Service to establish restrictions on
the work of journalists are problematic. No journalist will reveal
sources of information. "
Liana Sayadyan, a journalism professor at Yerevan State University
and assistant editor of the online newspaper Hetq, expressed the hope
that the legal complaint before the ECHR will be successful.
"Anonymous sources are important, especially in investigative
journalism. The principle of preserving the anonymity of a source is
extremely important for the work of a journalist "added Sayadyan.
Roza Hovhannisyan, who writes in the newspaper Lragir.am, is concerned
about the impact the case will have on journalism in Armenia.
"I fear it will set a precedent and that other state entities and
individuals are taking every opportunity to go to court to demand
that journalists cite their sources" Has she told IWPR.
If this happens, Gegham Vardanyan Centre Media Initiatives believes
that the sources will quickly dry up.
"Journalists will be paralyzed in the handling of anonymous sources
who do not want their names published" Has he said. "This could cause
serious damage to freedom of expression in Armenia."
Yekaterina Poghosyan is a reporter for Mediamax.am Armenia.
Institute for War & Peace Reporting
Monday, October 13, 2014, Stephane © armenews.com
http://www.armenews.com/article.php3?id_article=103994
Armenian media came into resistance after the Court of Appeal has
ruled against the country's right to protect confidential sources.
The decision of 22 September is seen as a major setback for media
freedom which could make it impossible for journalists to give an
absolute guarantee of confidentiality when they interview someone. The
appeal was filed by the newspaper Hraparak and website ilur.am after a
decision by June 26 of a trial court to ask them to reveal the source
of the reports they published in May.Their stories have alleged that
the police chief of the region of Shirak, had assaulted two men,
the Olympic champion wrestler Artur Alexanyan and his brother Rafael.
The newspaper and Web site have been trained in the courts by
the Special Investigation Service (SIS), a government agency that
investigates allegations of violations of the public sector. SIS took
the case on the grounds that he had no evidence that the incident had
actually happened, and he cited a legal clause allowing the courts
to force journalists to reveal their sources in cases involving a
serious crime.
After the decision in June, Susan Simonian, the author of the article
Hraparak, told IWPR that the decision was "an attempt to intimidate
the press" and that "we have no intention of reveal the source of
our information. "
In a statement after the appeal has been rejected, the editorial
management Ilur.am said he was not surprised by a decision he
considered "a serious challenge to justice, freedom of the media,
and democratic principles. "
Artak Zeynalyan, a lawyer acting both Ilur.am and Hraparak, questioned
the reasoning behind the prosecution case.
"They say that journalists who wrote these high-profile items were
unable to provide reasons for the need to maintain the confidentiality
of their sources.What this means is that the court works on the Soviet
model, where the thought is that the accused must prove his innocence,
"said Artak Zeynalyan IWPR.
The remedies are not yet exhausted. Artak Zeynalyan said the next
step is to go to the Court of Cassation, a higher body authorized
to decide on how the law is applied. But he acknowledged that the
chances that the court reverses the decision was "minimal."
Hraparak editor Armine Ohanian, said that after the Supreme Court,
the case could be submitted to the European Court of Human Rights
(ECHR) in Strasbourg.
Other journalists and media advocates are watching the case with great
concern. "We believe that this court decision goes against freedom of
expression, and against media legislation because what is clear is that
in all circumstances a source must be revealed," said Vasak Darbinyan,
the Committee for the Defence of Freedom of Expression IWPR. "The
activities of the Prosecution Service to establish restrictions on
the work of journalists are problematic. No journalist will reveal
sources of information. "
Liana Sayadyan, a journalism professor at Yerevan State University
and assistant editor of the online newspaper Hetq, expressed the hope
that the legal complaint before the ECHR will be successful.
"Anonymous sources are important, especially in investigative
journalism. The principle of preserving the anonymity of a source is
extremely important for the work of a journalist "added Sayadyan.
Roza Hovhannisyan, who writes in the newspaper Lragir.am, is concerned
about the impact the case will have on journalism in Armenia.
"I fear it will set a precedent and that other state entities and
individuals are taking every opportunity to go to court to demand
that journalists cite their sources" Has she told IWPR.
If this happens, Gegham Vardanyan Centre Media Initiatives believes
that the sources will quickly dry up.
"Journalists will be paralyzed in the handling of anonymous sources
who do not want their names published" Has he said. "This could cause
serious damage to freedom of expression in Armenia."
Yekaterina Poghosyan is a reporter for Mediamax.am Armenia.
Institute for War & Peace Reporting
Monday, October 13, 2014, Stephane © armenews.com
http://www.armenews.com/article.php3?id_article=103994