As Officials Behave, So Does the People: Aghvan Vardanyan on the Law Criminalizing Insults
The 7th convocation of the parliament adopted a law regarding the criminalization of serious insults during its last breath, which is now in effect. Aghvan Vardanyan, a member of the "Armenia" faction, stated in his speech at the National Assembly that this law has significant issues related to the Constitution and the Convention on the Protection of Human Rights and Freedoms.
"The criminalization of insults does not pursue any legitimate goal; its actual aim has been to limit free speech and public criticism through the exercise of criminal legal measures and procedures, particularly concerning individuals holding public office. Meanwhile, the European Court of Human Rights (ECHR) has repeatedly stated that freedom of expression can encompass not only acceptable speech but also expressions that may be shocking and offensive to some people," he said.
Vardanyan revealed that already, 106 criminal cases have been initiated within the framework of this law, of which 18 have been accepted for proceedings. "I firmly believe that this law is truly aimed at restricting and punishing criticism against one individual, and that there have been no legal consequences in cases of such acts against the opposition," stated Aghvan Vardanyan.
The opposition MP noted that the expressions used in the law are highly evaluative, which implies ambiguity and, in many cases, could lead to arbitrary approaches. "One cannot simultaneously impose criminal and civil liability for the same act, thus violating the constitutional prohibition against punishment. The law will not serve its purpose; we should not attempt to cease insults through threats, but rather try to set an example: just as senior officials conduct themselves, so should society," Vardanyan added, emphasizing that with this law, Armenia is clearly regressing in terms of democracy. "Your former favorite authorities decriminalized articles regarding insult, and you are returning to the previous state," Vardanyan concluded.