DUSHANBE, July 4, 2012, Asia-Plus — The law decriminalizing libel has taken effect in Tajikistan.
A well-informed in President’s Executive Office told Asia-Plus that President Emomali Rahmon signed the law requiring appropriate amendments to Tajikistan’s Penal Code on July 3.
We will recall that the new legislation, proposed in March by President Emomali Rahmon, removes libel (Article 135) and insult (Article 136) from the Penal Code and places it under the bailiwick of administrative law.
That means journalists accused of libel would face an administrative court rather than criminal prosecution.
Administrative courts could issue fines for a libel conviction but not a prison sentence. Meanwhile, distribution of obviously false information defaming a persons honor, dignity and reputation was punishable by up to two years in jail under Article 135, and insult, that is, the abasement of honor and dignity, expressed in an indecent way, was punishable by up to two years in correctional labor.
The Organization for Security and Cooperation in Europe (OSCE) welcomed the decision. The OSCE”s representative on freedom of the media, Dunja Mijatovic, expressed hope that all remaining criminal provisions related to defamation would eventually be abolished.
Local experts consider that removal of libel and insult from the Penal Code will promote development of freedom of speech and democracy in the country.
The new legislation does not alter a criminal law calling for up to five years in prison for those who libel or insult the president (Article 137).
The president yesterday also signed laws on foreign trade activities, moratorium on inspection of economic entities dealing with production, transportations safety, industrial standard, geographical signs, etc.
All laws signed by the president take effect after being published in official media outlets.
