Parliament in Azerbaijan is set to discuss a draft law on hate speech. While independent critics say there is no need for a separate law, given the existing legal framework that does offer context on hate speech, there is suspicion it is another law with an intention to harm independent voices.
On September 17, Zahid Oruc, member of the parliament and the head of the Human Rights Committee at the National Parliament, suggested parliament adopts a new law on hate speech. Oruc said the main goal of the law would be to prevent hate speech in information space. While promising, the draft law will be released for public discussion before it goes to the parliament during the fall session, the MP also added the draft law, may consider including social media platforms as part of the information space.
Azerbaijan Internet Watch talked to Elesger Memmedli, a media law expert in Azerbaijan about the draft law. Memmedli thinks there is no need for a separate law on hate speech because Azerbaijan already has plenty of laws that can be amended to regulate hate speech. “What is worrying is the intention. At the moment, the draft law is aimed at political speeches and other instances. But the likelihood of this law to be used as a limiting norm is high.”
The tradition of using existing legal framework or laws against opposition or independent voices goes back to the case of the then opposition journalist Eynulla Fatullayev, explained to Azerbaijan Internet Watch, lawyer Khaled Aghaly. At the time of the sentence [in 20o7] Fatullayev was accused of terrorism, defamation, and incitement to racial hatred. Like Memmedli, Agahly agrees there is no need for a new law when Azerbaijan has Article 283 of the Criminal Code – on Excitation of national, racial, social, or religious hate and hostility.
During the height of the pandemic in Azerbaijan, the parliament introduced a series of amendments to existing laws that were then used to prosecute activists explains Elesger Memmedli. “Shortly after [the amendments] scores of activists were rounded up, including members of [opposition] Popular Front. Some were taken straight from their homes and sentenced to lengthy administrative detention,” recalls Memmedli [some of these arrests were captured here].
In 2017, when changes were made to the law on religious terrorism, two prominent members of the Popular Front were arrested relying on the existing legislation, even though it was clear, it was a setup, as neither of the activists had any religious affiliation or background explains Memmedli.
So while hate speech may be a legitimate concern the existing examples tell a different story says Memmedli.
Meanwhile, Zahid Oruc, vowed the drat law, would not limit the freedom of speech.