Recommendations of the participants of the Conference on Defamation and Freedom of Expression in Azerbaijan conducted by the Council of Europe and Azerbaijan Press Council on 16 November 2009 in Baku, Azerbaijan

A conference on defamation and freedom of expression bringing together public officials, members of parliament and media professionals from Azerbaijan was organised by the Council of Europe and the Azerbaijan Press Council in Baku on 16 November 2009.

At the end of the conference, the participants noted:
• that articles 147 and 148 of the Criminal Code of the Republic of Azerbaijan on libel and insult can create obstacles for exercising the right to freedom of expression and information;
• that the number of civil and criminal defamation proceedings brought against journalists and newspapers by public officials has increased, which might lead to intimidation and self-censorship;
• that defamation-related provisions can be abused, notably by public officials;
• that, in addition, the judiciary does not always follow the case-law of the European Court of Human Rights concerning freedom of expression and information;
• that the media do not always exercise responsibility in their reporting.

Against this background, the participants recommended:
• that defamation and insult should be decriminalised.
• that, until this can be implemented, a non-use of criminal lawsuits recommended by the President earlier this year should immediately be applied, including where such sentences have already been handed down by national courts and financial penalties should be proportionate. Similarly, in the case of civil proceedings, compensation should be proportionate, in order not to have a chilling effect on freedom of expression and information;
• that there should be a defence of truth and that there should be a defence for journalists who have acted responsibly in accordance with journalistic ethics;
• that there should be no special protection in both substantive and procedural laws or in practice for public officials in accordance with the jurisprudence of the European Court of Human Rights;
• that alternative effective remedies to litigation, such as mediation or the publication of an apology or a correction or a reply, should be encouraged in cases of defamation and insult in order to reduce the number of lawsuits on these grounds;
• that training activities should be organised for judges, prosecutors and lawyers on the European Convention on Human Rights and the case-law of the European Court of Human Rights as well as its implementation at the domestic level;
• that voluntary media codes of conduct should be drawn up and respected;
• that dialogue between judges, politicians and media professionals should be encouraged in order to promote better mutual understanding about their respective duties and responsibilities and thereby reduce the risk of litigation;
• that the public authorities of Azerbaijan should cooperate with the Council of Europe to reform the defamation-related legislation. The media are invited to promote responsible journalism through training and other activities supported by the Council of Europe.