This law is an expression of the collective position of the current government against freedom of speech. Statement of SZHA

October 5, 2021 The Constitutional Court of the Republic of Armenia declared the law ′′ On amendments to the RA Civil Code ′′ adopted by the National Assembly on March 24 this year, according to which the maximum threshold of compensation for insult will increase from 1 million drams to 3 million dram, and for slander instead of the former 2 million-up to 6 million drams.

It is important to note that the issue of compliance with this extremely important law of the Constitution of the COP decided to consider in writing, avoiding public discussion:

The author of this infamous law was the current NA chairman Alen Simonyan - at that time he held the post of Vice Speaker of Parliament.

In fact, however, this law is the embodiment of the gathering position of the current government, based on consistent policy on freedom of speech and media.

Obviously, this law restricts the right to freedom of speech, which is one of the most important pillars of democracy, one of the basic conditions for its development and expression of every person.

This right is guaranteed and protected by both articles 42 and 51 of the RA Constitution and article 10 of the European Convention ′′ On the Protection of Human Rights and Fundamental Freedoms ".

According to PACE resolution No. 1577 (2007) of October 4, 2007 on decriminalization of slander, it was proposed to set the maximum reasonable boundary in terms of the amount of compensation for damage in libel cases - given that the viability of the subjected media should not be threatened, but the RA COP by its decision brutally punished the above recommendations.

Constitutional Court back in 2011 With its decision under SDO-997, touching on maximum amounts of compensation for slander and insult damage, he suggested that the legislature revise the maximum border of compensation with the trend of reduction in order to almost exclude the disproportionate restriction of the right to freedom of expression.

The European Court of Human Rights (ECHR), when assessing the proportionality of compensation in case of insult and slander, among other things, takes into account the effects of damage to the applicant's economic situation, as well as economic indicators, such as the amount of the state's minimum wage that is in force in the state The conditions of the RA were essentially not considered.

The Union of Journalists of Armenia repeatedly warned of the devastating consequences of the above-mentioned law on the media, about the danger that, using the uncertainties and wide possibilities of arbitrariness, authorities through courts can commit political massacre, by making decisions that cause irreversible damage to the financial state of the media.

Our signals about these dangers and risks, the calls to local and international human rights structures have unfortunately remained unanswered, and the Constitutional Court, following essentially the principles of not legal but political expediency, recognized this controversial law as in accordance with the Constitution of the Republic of Armenia.

It is crucial to state that the opposition against this law should not be identified in any way with the promotion of insult and slander. Conversely, all public administration members, including, in particular, civil society, the press must fight to exclude insults and slander from public speech and agenda. At the same time, however, this crucial goal should not become a tool for combating ′′ not your ′′ media, depriving them of already limited funding.

The Union of Journalists of Armenia also categorically condemns the formal legitimization of this controversial law through the Constitutional Court, calling on all local and international organizations interested in protecting freedom of speech and press, to take consistent steps to ensure that the bill does not serve as the basis for its solely political goals.

We remind you that some international structures - journalists without borders and Freedom House also made strict criticism of this bill:

The Union of Journalists of Armenia will consistently fight to prevent this law from being used as a tool against the media, especially the media will provide the necessary professional and legal support.