DUSHANBE, October 1, 2012, Asia-Plus — Deputies of Tajikistan’s lower house (Majlisi Namoyandagon) have unanimously endorsed government’s proposal on placing libel and insult in Tajikistan’s civil code.
A regular sitting of the fourth session of the Majlisi Namoyandagon of the fourth convocation, presided over by its head, Shukurjon Zuhurov, was held on October 1.
Speaking at the meeting, the Minister of Justice Rustam Mengliyev noted today that by president’s proposal libel and insult were removed from the Penal Code and were placed in the Civil Code of Tajikistan.
“It means that fines will be issued for a libel conviction but not a prison sentence,” the minister said.
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.
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).
