AT PRESENT STAGE, ADOPTION IN AZERBAIJAN OF THE LAW ON DEFAMATION IS NOT TRUE STEP
A. Hasanov considers that such laws can be accepted, first, in the developed countries. In the prepared bill on defamation, it is marked, that the purpose of the document consists in protection of dignity of physical and legal entities against deliberate distribution in mass media of data mismatching truth without restriction of freedom of thought, word, and also press. The clauses of law mention the relations arising in connection with protection of honor and dignity, business reputation of physical persons.
If the given law will be accepted in the prepared form, by consideration in court of the relations, concerning honor and dignity, the journalists will not be involved in the criminal liability. If this law will be accepted, Clauses 147, 148 and 323 of Criminal Codes will lose force. Acceptance of the given law in Azerbaijan is the wish of OSCE and the Council of Europe.
Speaking on the item, Ali Hasanov has told: “It is early to pass such law in Azerbaijan for the present. As the country building a lawful state, Azerbaijan supports acceptance of this law, which we consider as the integral component of the life of society in the future. Freedom of speech and expression should be provided in all legal, democratic states. Without this, there cannot be development, the democratic state. However, in present conditions, acceptance in Azerbaijan of the given law will lead more to the worst, than it is possible to tell, to consequences.
According to A. Hasanov, the status of the journalist in Azerbaijan for the present is not certain. Therefore, it is not known, concerning whom this law will be applied, how many people will benefit it. Therefore, in Azerbaijan, there is no single code of a professional ethics of journalists.
Ali Hasanov noted that the Government of Azerbaijan does not reject the law on defamation. Such law has been accepted only in the several countries of the Europe. It will be better to accept the given document in the countries in which the democratic system, the responsibility and the status of journalists were already established. If the European states will accept the Charter, Azerbaijan as the member of the Council of Europe also will join it.