Relevant Laws
Penal Code
Art. 129 (Libel and Slander): 1. Libel, that is the distribution of deliberately false
information which is defaming to the honor and dignity or another person, or
which undermines his reputation, shall be punished by a fine in an amount from
100 up to 250 minimum monthly wages, or in an amount of wages or other income
of a given convict for up to two months, or by engagement in public work for from
120 up to 180 hours, or by correctional labor for up to one year.
2. Slander which is contained in a public speech, or in a publicly displayed
work, or in mass information media, shall be punished by a fine in an amount
from 200 up to 500 minimum monthly wages, or in an amount of wages or other
income of a given convict for from two to five months, or by engagement in public
work for from 180 up to 240 hours, or by correctional labor for from one year up to
two years, or by restriction of freedom for up to two years, or detention under
arrest for up to six months.
3. Slander combined with an accusation of a person in the commission of a
grave or an especially grave corruption crime, shall be punished by restriction of
freedom for up to three years, or deprivation of freedom for the same period.
Art. 130 (Insult): 1. An insult, that is the debasement of the honor and dignity of
another person, expressed in an obscene form, shall be punished by a fine up to
100 minimum monthly wages, or in an amount of wages or other income of a
given convict for up to one month, or by engagement in public work for up to 120
hours, or by correctional labor for up to six months.
2. An insult contained in a public speech, or in a publicly demonstrated work, or in
the mass information media, shall be punished by a fine from 100 up to 400
minimum monthly wages, or in an amount of wages or other income of a given
convict for from one to four months, or by engagement in public work for up to
180 hours, or by correctional labor for up to one year, or by restriction of freedom
for the same period.
Art. 317 (Outrage against the State Flag, the State Coat of Arms, or the
State Hymn of the Republic of Kazakhstan): Outrage against the State Flag, the
State Coat of Arms, or the State Hymn of the Republic of Kazakhstan, shall be
punished by a fine of 200 to1,000 minimum monthly wages, or in an amount of
wages or other income of a given convict for from two to ten months, or by
41
restriction of freedom for up to two years, or by detention under arrest for from
three to six months, or by imprisonment for up to one year.
Art. 318 (Infringement of Honor and Dignity of the President of the
Republic of Kazakhstan and Impeding His Work): 1. A public insult or other
infringement upon the honor and dignity of the President of the Republic of
Kazakhstan, shall be punished by a fine in an amount from 200 up to 700
minimum monthly wages, or in an amount of wages or other income of a given
convict for from two to seven months, or by engagement in public works for from
180 up to 240 hours, or by correctional labor for up to one year, or by detention
under arrest for up to five months, or by imprisonment for up to one year.
2. The same act committed with the use of the mass information media, shall be
punished by a fine in an amount from 500 up to 1,000 minimum monthly wages, or
in an amount of wages or other income of a given convict for from five to ten
months, or by correctional labor for from one year up to two years, or by detention
under arrest for up to six months, or by imprisonment for up to three years.
Art. 319 (Degrading Honor and Dignity of a Deputy, Impeding His Work): 1.
A public insult to a deputy of the Parliament of the Republic of Kazakhstan when
he is executing his deputy obligations or in relation to the execution of them, shall
be punished by a fine in an amount from 100 up to 500 minimum monthly wages,
or in an amount of wages or other income of a given convict for from one to five
months, or by engagement in public works for up to 180 hours, or by correctional
labor for up to one year, or by restriction of freedom for the same period, or by
detention under arrest for up to four months.
2. The same act committed with the use of the mass information media shall be
punished by a fine in an amount from 300 up to 800 minimum monthly wages, or
in an amount of wages or other income of a given convict for from three to eight
months, or by correctional labor for from one to two years, or by restriction of
freedom for up to two years, or by detention under arrest for up to six months, or
imprisonment for up to two years.
Art. 320 (Insulting a Representative of the State Authorities): 1. A public insult
of a representative of the state authorities when he is executing his service duties or
in relation to their execution shall be punished by a fine in an amount from 100 up
to 400 minimum monthly wages, or in an amount of wages or other income of a
42
given convict for from one to four months, or by engagement in public works for
up to 180 hours, or by correctional labor for up to one year, or by restriction of
freedom for the same period, or by detention under arrest for up to three months.
2. The same act committed with the use of mass information media shall be
punished by a fine in an amount from 300 up to 700 minimum monthly wages, or
in an amount of wages or other income of a given convict for from three to seven
months, or by correctional labor for up to two years, or by restriction of freedom
for up to two years, or by detention under arrest for up to six months, or by
imprisonment for up to one year.
43
RUSSIA
Population: 140.3 million
Press Freedom Rating: Not Free
As Russia’s parliament, the Duma, considered
changes to the 1992 media law, authorities
continued to hit journalists with a barrage of
criminal defamation and insult lawsuits during 2010.
In December, criminal slander charges were dismissed against outspoken
journalist Mikhail Beketov of Khimkinskaya Pravda, accused of defaming
Khimki’s Mayor Vladimir Strelchenco in a 2007 interview. Beketov alleged in the
interview that the mayor was responsible for torching Beketov’s car to retaliate for
the reporter’s article criticizing a highway project the mayor backed. A year later,
Beketov was brutally attacked in his front yard. His leg and several fingers had to
be amputated. He was unable to walk or speak. The attackers have not been found.
The European Court of Human Rights found Russian courts in violation of Art.
10 of the European Human Rights Convention in the defamation conviction of the
editorial board of the regional edition of Novaya Gazeta. The Court ruled that
Russian courts had “set an excessively high standard of proof that would hardly be
admissible even in criminal cases.” The courts were ordered to pay Novaya Gazeta
some $1, 200, to reimburse the paper’s original fine. The case went back to 2002,
for an article accusing a local mayor, a businessmen and two other local officials of
embezzlement and other illegal practices. The court concluded that since no
criminal proceedings were filed against the plaintiffs for the fraud alleged by the
newspaper, the article must have been false.
In August, Alma Bukharbayeva was convicted of “insulting the honor and
dignity” of Omsk Gov. Leonid Polezhayev. She is the mother of a slain soldier.
She picketed an Omsk military building with a sign saying, “Putin and Polezhayev
are killers of our children! Now kill us, the mothers!” The governor withdrew the
suit days after he won the case, possibly because of media pressure.
44
New Times was raided by police several times over articles alleging corruption
in the police special units (OMON). The paper was sued for libel. and a court
ordered documents and transcripts to be turned over as evidence.
In January, a Moscow court proceeded with a libel case against Novaya Gazeta,
despite Moscow city police requests not to pursue it. The suit was filed by
Chechen leader Ramzan Kadyrov over the 2009 murder of his former bodyguard,
shot in Vienna as he left a grocery store. Kadyrov later dropped the charges.
Relevant Laws
Penal Code
Art. 129. Defamation: 1. Defamation, that is the spreading of deliberately falsified
information that denigrates the honor and dignity of another person or undermines
his reputation, shall be punishable by a fine in the amount of 50 to 100 minimum
wages, or in the amount of the wage or salary, or any other income of the
convicted person for a period of up to one month, or by compulsory work for a
term of 120 to 180 hours, or by corrective labor for a term of up to one year, or by
corrective labor for a term of up to one year.
2. Defamation contained in a public speech or in a publicly performed work, and
mass media libel, shall be punishable by a fine in the amount of 100 to 200
minimum wages, or in the amount of the wage or salary, or any other income of
the convicted person for a period of one to two months, or by compulsory work for
a term of 120 to 180 hours, or by corrective labor for a term of one year to two
years, or by arrest for a term of three to six months.
3. Defamation accusing a person of committing a grave or especially grave
crime shall be punishable by restraint of liberty for a term of up to three years, or
by arrest for a term of four to six months, or by deprivation of liberty for a term of
up to three years.
Art. 130. Insult: 1. Insult, that is the denigration of the honor and dignity of
another person, expressed in indecent form, shall be punishable by a fine in the
amount of 100 to 200 minimum wages, or in the amount of the wage or salary, or
any other income of the convicted person for a period of up to one month, or by
compulsory work for a term of up to 120 hours, or by corrective labor for a term of
up to six months.
45
2. Insult contained in a public speech, in a publicly performed work, or in mass
media, shall be punishable by a fine in the amount of up to 200 minimum wages,
or in the amount of the wage or salary, or any other income of the convicted person
for a period of up to two months, or by compulsory work for a term of up to 180
hours, or by corrective labor for a term of up to one year.
Art. 297. Contempt of Court: 1. Contempt of court, expressed as an insult of trial
participants, shall be punishable by a fine in the amount of 100 to 200 minimum
wages, or in the amount of the wage or salary, or any other income of the
convicted person for a period of one to two months, or by compulsory work for a
term of 180 to 240 hours, or by arrest for a term of two to four months.
2. The same deed, expressed as an insult of a judge, juror, or any other person
participating in the dispensation of justice, shall be punishable by a fine in the
amount of 200 to 500 minimum wages, or in the amount of the wage or salary, or
any other income of the convicted person for a period of two to five months, or by
corrective labor for a term of one to two years, or by arrest for a term of four to six
months.
Art. 298. Libel of a Judge, Juror, Prosecutor, Investigator, a Person
Conducting Inquests, Bailiff, or Officer of the Court: 1. Libel against a judge,
juror, or any other person taking part in the dispensation of justice, in connection
with the examination of cases or materials in court, shall be punishable by a fine in
the amount of 200 to 500 minimum wages, or in the amount of the wage or salary,
or any other income of the convicted person for a period of two to five months, or
by corrective labor for a term of one to two years, or by arrest for a term of three to
six months, or by deprivation of liberty for a term of up to two years.
2. The same deed, committed against a prosecutor, investigator, a person
conducting inquests, bailiff, or officer of justice, in connection with a
preliminary investigation or with the execution of a court's sentence or decision, or
any other judicial act, shall be punishable by a fine in the amount of 100 to 200
minimum wages, or in the amount of the wage or salary, or any other income of
the convicted person for a period of one to two months, or by
corrective labor for a term of up to two years, or by arrest for a term of three to six
months, or by deprivation of liberty for a term of up to two years.
3. Deeds stipulated in the first or second part of this Article, and joined with the
accusation of a person of committing a grave or especially grave crime,
46
shall be punishable by deprivation of liberty for a term of up to four years.
Art. 319. Insult of a Representative of Authority: Public insult of a
representative of authority during the performance of his official duties, or in
connection with the performance thereof, shall be punishable by a fine in the
amount of 50 to 100 minimum wages, or in the amount of the wage or salary, or
any other income of the convicted person for a period of up to one month, or by
compulsory works for a term of 120 to 180 hours, or by corrective labor for a term
of six to twelve months.
Federal Law No. 114-FZ of 25 July 2002, Law on Counteracting Extremist
Activities: Since July 2006, the Anti-Extremism Law includes, in the categories of
extremist activities specified in Art. 1, knowingly false accusations of extremism
aimed against “anyone holding an official position in the Russian Federation, or a
subject of the Russian Federation, while on official duty or in connection with
his/her official duties.”
Art. 8. Warning of the Inadmissibility of Distribution of Extremist
Materials and Accomplishment of Extremist Activity through Mass Media: In
the event of distribution through the mass media of extremist materials or exposure
of facts, testifying of the presence in its activity of signs of extremism, the director
and (or) editorial staff (chief editor) of the given mass media source authorized by
a government body having registered the given source of mass information, or the
federal body of executive power in the sphere of print, television or radio
broadcasting and means of mass communication, or the General Prosecutor of the
Russian Federation, or a proper subordinate prosecutor, will issue a warning in
writing on the inadmissibility of such actions or such activity with an indication of
the concrete foundations for issuance of the warning, including the committed
violations. In the event that it is possible to adopt measures to eliminate the
admissible violations, the warning letter will also establish a time frame for
elimination of the noted violations, consisting of not less than 10 days from the day
of the issuance of the warning. The warning may be appealed in court according to
the established order. In the event that a warning has not been appealed in court in
the established order or has not been declared illegal by a court, or if during the
time frame established by the warning, measures have not been adopted to
eliminate the committed violations serving as the basis for pronouncement of the
47
warning, or if within 20 months from the day of pronouncement of the warning,
new facts are exposed which testify to the presence of signs of extremism in their
activity, the respective provider of mass information will be subject to
discontinuance of activity, in the order established by the Federal Law.
Art. 11. Responsibility of Mass Media Providers for Distribution of
Extremist Materials and Conduct of Extremist Activities: Distribution of
extremist materials and conduct of extremist activity through mass media
is prohibited in the Russian Federation. In the event envisioned in part three of Art.
8 of the present Federal Law, or in the event of conduct of extremist activity
through mass media, bringing about violation of the rights and freedoms of persons
or citizens, causing harm to personality, health of citizens, environment, social
order, national security, property, legal economic interests of physical and (or)
legal entities, society and government, or creating a realistic threat of causing such
harm, the activity of the respective provider of mass information may be
discontinued by court order on the basis of the declaration of the authorized
government body of executive power in the sphere of print, television or radio
broadcasting and means of mass communication, or the General Prosecutor of the
Russian Federation or a proper subordinate prosecutor.
Consistent with the goal of preventing the continued dissemination of extremist
material, a court may enjoin the printing of issues of periodic publication or
circulation of audio or video recordings or programs, or the issuance of
corresponding television, radio or video programs, in the order established for
adopting such measures according to the provision of a suit. A court decision is
grounds for confiscation of unrealized portions of circulation of a mass media
production containing material of extremist nature from places of storage,
wholesale or retail trade.
48
UZBEKISTAN
Population: 27.8 million
Press Freedom Rating: Not Free
President Islam Karimov used “experts” of the
obscure Agency for Press & Information to build up
massive defamation and insult law campaigns against
reporters. High profile or controversial journalists
were often targeted for “insulting the Uzbek
population,” although no Uzbek law is known to support such a broad definition.
In October, Russian reporter Vladimir Berezovsky was convicted of libel and
“insult aganst the Uzbek people,” for several articles that appeared on the now
defunct news site he edited, vesti.uz. Berezovksy, who is also a reporter for
Russia’s Parlamentskaya Gazeta, was not sentenced. Berezovsky was the first
foreign reporter tried in Uzbekistan. Although the trial was open to the public,
Russian officials were barred from attending.
Voice of America reporter Abdumalik Boboev was convicted of three press-
related charges, including libel and insult, and ordered to pay approximately
$11,000 in fines. American diplomats observed the trial.
Well-known photographer Umida Ahmedova was convicted in February of
“insulting the Uzbek people” after the publication of her book portraying Uzbek
village life and tradition. A self-proclaimed panel of experts, including religious
affairs specialists and psychologists, determined that Ahmedova’s photographs
showed Uzbekistan in a negative light. She faced up to three years in prison but
was amnestied for the 18
th
anniversary of Uzbek independence.
Relevant Laws
Penal Code
Art. 139 prohibits disseminating “false, defamatory information.” Where an
offender has previously received an administrative penalty for this offense, the
applicable penalty consists of a fine up to 50 minimum monthly wages or
correctional labor of up to two years. Under aggravated circumstances, the
offender shall be punished by imprisonment of up to three years.
49
If the offense is committed in a printed or otherwise copied text, or via mass
media, the penalty consists of a fine ranging from 50 to 100 minimum monthly
wages or correctional labor of two to three years, arrest of up to six months, or
imprisonment of up to six years.
Art. 140 criminalizes insult, defined as “intentional grievous degrading of the
honor and dignity of a person.” Where an offender has previously received an
administrative penalty for this offense, the applicable punishment consists of a fine
of up to 50 minimum monthly wages or correctional labor of up to one year. If the
insult is committed via a printed or other copied text, or the mass media, the
applicable punishment consists of a fine of 50 to 100 minimum monthly wages or
correctional labor of one to two years. Where the insult is aimed at someone in
connection with their performance of a professional or civil duty, or a repeat
offender is involved, the applicable penalty consists of a fine of 100 to 150
minimum monthly wages, correctional labor of two to three years, or arrest of up
to six months.
Art. 158 prohibits various offenses against the President of the Republic of
Uzbekistan, including “public affront or denigration” via printed or other mass
media. This is punishable by correctional labor of up to three years, arrest up to six
months, or imprisonment of up to five years.
Art. 215 prohibits “disrespecting” the State flag, emblem, or anthem of the
Republic of Uzbekistan or the Republic of Karakalpakstan. The offense is
punishable by a fine of up to 25 minimum monthly wages, correctional labor of up
to three years, or arrest of up to three months.
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