Restrictions on Journalists' Work Allowed in the National Assembly: Ombudsman

The Human Rights Defender Arman Tatoyan has published an extraordinary report on restrictions to journalists' professional activities in the National Assembly and unacceptable actions against journalists by public officials.

“Firstly, the report emphasizes the Defender’s fundamental approach that public officials must be guided by the assumption of journalists' integrity and lawfulness. Specifically, it concerns the legality of restrictions on journalists' activities within the premises of the National Assembly and the security rules in force in the building. The report highlights the importance of journalists’ high professional work according to the ethics of responsible journalism. Without professional journalistic work, it is impossible to ensure full protection for journalists,” the report states.

The Armenian Human Rights Defender regularly organizes discussions and workshops for journalists on various professional topics (women's rights, labor rights, etc.) to promote high professional standards in journalism. This extraordinary report aims to reaffirm the importance of journalists' professional activities and to demonstrate the limits of state discretion in intervening in that work.

The report states that there are no specific and clear legal regulations based on which the particularities of the work of accredited journalists in the National Assembly can be enshrined. The negative implications and accountability measures against accredited journalists in the National Assembly lack legal grounds, have not been secured at the level of law, and are unpredictable for the journalists themselves.

Journalists have not been properly informed about their rights and the restrictions on their professional activities, including the parameters of those restrictions and the negative consequences if they do not comply with them. Moreover, the report addresses that due to vague regulations and legislative gaps, a situation has arisen where various public figures, including high-ranking officials from the Government and the National Assembly, cite the need to combat crimes when justifying the proposed restrictions on journalists' professional activities. It is unacceptable to make comparisons with individuals who have committed serious crimes (e.g., terrorism) when discussing accredited journalists at the National Assembly, thus further contributing to the formation or deepening of stereotypes about journalists' professional activities in society and other institutions.

The report also provides a detailed analysis of the unacceptable behavior and actions of security personnel working within the National Assembly towards journalists, including unlawful demands placed on journalists under the threat of illegal actions (such as demands to delete journalistic materials without justification, threats of revocation of accreditation, etc.).

The work of accredited journalists in the National Assembly should be regulated not in the context of combating crime or in terms of ensuring security but rather from the perspective of the normal functioning of specific bodies, with respect for professional activities and without hindrances to journalists' work.

The Human Rights Defender particularly notes that ensuring safety within the National Assembly is of fundamental importance; however, restrictions on journalists' activities should not be 'concealed' behind security rules. Regarding the compliance of restrictions on the work of accredited journalists in the National Assembly with the Constitution of the Republic of Armenia, the Human Rights Defender has also appealed to the Constitutional Court, contesting the compatibility of Article 5, Part 2; Article 14, Part 7; and Article 54, Part 4 of the constitutional law 'Regulations of the National Assembly' with Articles 42, 51, 75, 78, 79, and 81 of the Constitution of the Republic of Armenia.

Thus, considering the appeal made to the Constitutional Court by the Human Rights Defender regarding the restrictions on the work of accredited journalists in the National Assembly and the point that vague regulations in the National Assembly contribute to curtailing journalists' rights, the Human Rights Defender has published an extraordinary report that thoroughly analyzes issues related to the legality of the restrictions based on the contested regulations and presents rules for ensuring the protected professional activities of journalists,” states Tatoyan's report.