Abstract
Laws criminalizing defamation exists in numerous countries in the world, including some
western European countries and the United States. However, in those mentioned developed
countries these laws are usually not applied in practice. Practice shows that in countries where
criminal defamation continues, freedom of expression is restricted. In these jurisdictions, public
officials and other powerful individuals use these laws as a weapon to intimidate the media from
revealing corrupt practices or from publicizing incriminating information. Journalists and the
media are pressured not to write or broadcast news in order to avoid a criminal law suit. This
practice is especially common in some former Soviet republics, including Azerbaijan.
This paper focused on the ways in which criminal defamation is a gateway for the destruction of
the freedom of expression and the interrelated freedom to receive information. The first chapter
explains the importance of freedom of expression in a democratic society, the circumstances in
which the freedom can be restricted. The first chapter also discusses the legal doctrine of
defamation, its forms and elements, and its defences. The second chapter presents the criminal
defamation, comparative domestic practices and implementation mechanisms. The last chapter is
devoted to the contemporary situation in Azerbaijan, including court experiences with criminal
defamation. The conclusion focused on real and necessary measures that the Azerbaijani
government must take with criminal defamation in order to improve the enjoyment of the
freedom of expression.