Armenia Marks Down the Price of Libel

Just in time for the 2012 parliamentary elections, Armenia's Constitutional Court has instructed lower courts to make defamation compensation proportional to the size of media companies’ wallets.

The November 15 ruling, the response to a case brought by Ombudsman Karen Andreasian and eight local newspapers, can make life easier for the Armenian news industry, which has faced a rise in libel suits and hefty fines that media observers link to 2010 amendments of media laws, which decriminalized slander, but also toughened the penalties for libel.

That has meant a serious problem for some print outlets with a penchant for government criticism. Armenian newspapers, mostly shoestring operations, have struggled to pay thousands of dollars in damages. One even asked its readers to help foot the bill, Radio Free Europe/Radio Liberty reports.

Since the 2010 changes, "almost 30 civil defamation lawsuits have been brought against newspapers, including 11 this year,” said Dunja Mijatovic, media freedom representative of the Organization for Security and Cooperation in Europe. “In most cases, the compensation sought is out of proportion to the damage allegedly inflicted."

But the Constitutional Court's ruling does not mean that Armenian media is now off the hook. Ombudsman Karen Andreasian welcomed the ruling, but also said that the legislation is too ambiguous on the matter of slander, leaving too much room for broad interpretations in the plaintiff’s favor.