DUSHANBE, December 13, 2012, Asia-Plus — Members of Tajikistan’s upper house (Majlisi Milli) of parliament have unanimously seconded the law decriminalizing libel and insult.
The session of the Majlisi Milli, presided over by its head, Mahmadsaid Ubaidulloyev, was held in Dushanbe on December 13.
We will recall that the Majlisi Namoyandagon (Tajikistan’s lower chamber of parliament) the bill on placing libel and insult in Tajikistan’s civil code on October 1 this year.
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 new legislation, proposed in March this year by President Emomali Rahmon, removed libel (Article 135) and insult (Article 136) from the Penal Code and placed them 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 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).
