13 News Websites Fined 700,000 Drams

The Freedom of Speech Protection Committee's annual report for 2020 highlights that the year was perhaps the most tense and challenging period for Armenian media outlets and journalists compared to previous years. This was largely due to the full-scale war unleashed by Azerbaijan in Artsakh and the difficulties related to its coverage, as well as the restrictions on freedom of speech in the context of combating the coronavirus pandemic.

During the state of emergency related to the pandemic and the martial law declared at the beginning of the war, the Armenian government decided that apart from official information, the publication of other information in the media and social networks was prohibited. It was particularly concerning that the enforcement of these decisions was monitored by security agencies, which intervened harshly in the operations of media outlets, often exhibiting subjective and arbitrary approaches.

While no administrative penalties were imposed on media during the pandemic-related restrictions, and the police only sent notifications (32 cases), this was not the case during the martial law period due to the war; 13 news websites were fined a total of 700,000 drams. Furthermore, in one instance where the editorial team did not remove the publication, an additional fine of 1,500,000 drams was imposed.

Overall, the number of various pressures against media and journalists throughout the year reached 177, compared to 134 the previous year. There were also 6 recorded cases of physical violence against journalists, with 11 victims. Four of these incidents occurred during opposition-organized gatherings, while two took place during the days of the Artsakh war when representatives of the media were targeted by the adversary.

As for violations of the right to receive and disseminate information, 90 such cases were recorded, which is 18 less than the previous year's figure. In 2020, the flow of lawsuits against media and journalists remained intense, with a total of 72 cases, which is 20 less than that recorded the previous year. This is not a significant difference, considering the extraordinary and subsequently martial law environment in the country.

The overwhelming majority of lawsuits involving media (61 cases) were based on Articles 1087.1 of the Civil Code of the Republic of Armenia, concerning insult and defamation, with one each related to personal data protection and criminal law, and 9 being labor disputes. In two additional cases, media outlets approached the court regarding violations of the right to obtain information. This flow of lawsuits is largely due to the fact that media publications are rife with hatred, insults, and slander, as well as fake news and manipulations, all of which carry political implications.

Regarding quantitative data on violations in 2020 categorized by quarters:

• Physical violence against journalists: Q1: 0 | Q2: 2 (6 victims) | Q3: 4 (5 victims) | Q4: 6 (11 victims)
• Pressures against media and their employees: Q1: 50 | Q2: 34 | Q3: 47 | Q4: 46 (Total: 177)
• Violations of the right to receive and disseminate information: Q1: 19 | Q2: 25 | Q3: 34 | Q4: 12 (Total: 90)

Comparison of violations between 2019 and 2020 indicates:

• Physical violence against journalists: 2019: 46 (11 victims) | 2020: 6 (11 victims)
• Pressures against media and their employees: 2019: 134 | 2020: 177
• Violations of the right to receive and disseminate information: 2019: 108 | 2020: 90

Throughout 2020, the Armenian government and the National Assembly initiated several media-related projects that were not always accepted by the journalistic community. One of the most significant processes was the adoption of a new law regulating the broadcasting sector, titled 'About Audiovisual Media.' The Freedom of Speech Protection Committee and partner organizations expressed strong criticism regarding it. Despite this, the law was adopted, and accordingly, competitions for licensing television channels for broadcasting on public multiplexes took place. Applications were submitted for 6 national, 9 capital, and 8 regional slots. In January, the RA Commission for Television and Radio announced the names of the winning companies.

The legislative initiative proposed by the Vice President of the National Assembly, Alen Simonyan, to quintuple the amount of monetary compensation for insult and defamation caused serious concern within journalistic circles. Additionally, the new draft of the Criminal Code proposed by the Armenian Ministry of Justice, which imposes strict penalties for publishing information in media that is inconsistent with reality about any crime under Article 450, inclusive of imprisonment, has also faced severe criticism. Several journalism and human rights organizations regarded this amendment as a tool for suppressing the media.

The processes concerning amendments to the 'About Mass Media' law are not properly coordinated. These changes are particularly urgent, especially in regard to ensuring the transparency of media ownership and regulating online media operations. During the year, another working group also operated in the National Assembly to discuss criminalizing hate speech, although this process has currently been limited to debates.