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State of Criminal Defamation in the Light of National and International Standards. : Criminal Defamation in Azerbaijan

Jafarova, Aynur
Master thesis
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Thesis_Aynur_JAFAROVA.pdf (485.1Kb)
Year
2010
Permanent link
http://urn.nb.no/URN:NBN:no-26791

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  • Institutt for offentlig rett [385]
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.
 
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