As a result of inter-agency discussions chaired by the Prime Minister, it was not considered as expedient to enshrine a severe insult in the new Criminal Code; only civil liability in the amount of up to AMD 3,000,000 will be maintained for this unacceptable phenomenon

The Criminal Code entering into force on 1 July of this year no longer provides for liability for severe insult. Criminal liability for severe insult was envisaged to curb the ignobly unacceptable behaviour of certain groups and individuals in the conditions of deep polarisation of the society.

No matter how much certain political circles declared that the new criminal regulation of severe insult is unconstitutional, nevertheless, the Constitutional Court has clearly stated that it is fully compliant with the Constitution.

As a result of a series of professional discussions chaired by the Prime Minister, the Government found that in our agenda of further democratisation, even a lawful restriction on freedom of speech must, to the extent possible, be implemented without the toolkit of criminal prosecution. The executive body did not find it expedient to enshrine severe insult in the new Criminal Code, preferring the existing civil liability regulations for this inadmissible phenomenon.

Continuing its commitment to protecting freedom of speech, the Government intends to take legislative measures, also taking into account the international best practices in order to protect the dignity and private life of individuals, national security and other extremely important values from the abuse of free expression. On 19 April 2022, among other steps, co-operation was launched with the Ministry of Justice, a number of respected journalistic organisations, and the Standing Committee on Science, Education, Culture, Diaspora, Youth and Sport of the National Assembly for the legislative regulation of the above-mentioned issues.

Despite the fact that criminal liability for severe insult will not be envisaged, this does not mean that the statements insulting human dignity will be left without serious legal consequences. In case of insulting as prescribed by the Civil Code, those who abuse free speech will be obliged to pay compensation in the amount of up to AMD 3.000.000.

Therefore, once again, we call on our compatriots to refrain from insulting and obscene speech; otherwise, they will bear strict liability prescribed by law for it.

Karen Andreasyan

Minister of Justice of the Republic of Armenia