The journalist had posted an article on her personal account on Facebook saying that it was inhumane to continue a court hearing in which an elderly person was participating for many hours.
The court’s preliminary hearing on proposed restrictions of journalist N. Unurtsetseg’s professional activities, to fine and impose a penalty and limitations on her free travel rights, is leading to illegal, and undue restrictions on journalistic activities and on Mongolian journalism.
The General Judiciary Council of Mongolia filed a complaint with the investigative body in relation to journalist N. Unurtsetseg, chief-editor of the zarig.mn newsite operating in Mongolia. She had posted an article on her personal account on Facebook saying that it was inhumane to continue a court hearing in which an elderly person was participating for many hours.
Accordingly, journalist N. Unurtsetseg was charged with the crime of “Spreading false information” under Article 13.14 of the Criminal Code. According to this article, “sanction for public dissemination of clearly false information that harms a person’s honor, reputation, or business reputation of a legal entity, a fine of four hundred and fifty units to one thousand three hundred units, or a term of two hundred and forty hours to seven hundred and twenty hours performing community service, or penalty of limitation of free travel rights for a period of one to three months will be charged”.
This article and provision is not related to complaints about attacks on the independence of a judge or a professional reputation, and is only a regulation related to the protection of the dignity and reputation of an individual. In the Criminal Code, Article 21.6 regulates the crime of “Illegally influencing judges, prosecutors, lawyers, detectives, and citizens’ representatives” and Article 15.4. of the Law on Misdemeanors regulates the crime of “Trying to influence the independence of a judge”. It is believed that non-criminal or non-violent conduct is being investigated under the crime of “spreading false information”.
The Prosecutor’s office of Chingeltei district put forth a proposal “to take preventive measures to fine and impose a penalty of limitation of free travel rights”, which was submitted to the Criminal Court of First Instance of Chingeltei District. The court supported the Prosecutor’s proposal and charged N. Unurtsetseg, who as the accused was charged with “… using her personal Facebook account ‘Unurtsetseg Naran’ to discredit the judge’s business reputation and spread false information that misleads the public on social networks or Facebook”. The proposal was approved by the court.
The Chingeltei District Prosecutor’s Office submitted a proposal on December 1, 2023, calling for preventive measures against the journalist, to “… suspend certain professional activities and access to the online environment for a certain period of time … ” This was reviewed and discussed at the Criminal Court of First Instance of Chingeltei District.
The court decision said, “it has not been proven that the journalist’s professional activities interfered with the criminal proceedings, or prevented the investigation from being carried out within the framework of the law. It will not allow a certain verdict restraining order from the court to suspend access to the online environment for a certain period of time. However, in the same decision, the court stated “ … It should be noted that doing an act that interferes with the proceedings of a criminal case using their professional activities to mislead the public, call for certain actions, organize demonstrations, denigrate or insult the dignity of a person or business, might become a reason for the use of coercion and the imposition of responsibility on the accused in accordance with the law, and for changing the restraining measures taken against him,” showing there is indication that there is a risk of detention in connection with the journalist’s professional activities.
In addition, on 12/01/2023, when the guilt was not determined by the court, the zarig.mn website, Facebook page, and personal e-mail address of journalist N.U nurtsetseg were blocked by the Communications Regulatory Commission, based only on the request of a detective and the consent of the prosecutor. It is a serious problem that the right to expression and freedom of journalistic activity is restricted by administrative authorities without a court decision.
International human rights organizations, or international treaty organizations to which Mongolia is a member, have warned that including defamation and slander in the criminal law will result in excessive restrictions on the right to free expression of opinions and censorship of journalism.
Specifically, our country has committed to implementing the 150 recommendations made by the UN Human Rights Council in 2015, after discussing the second national report on the state of human rights in Mongolia. The Government’s Resolution No. 204 of 2016 approved the general plan of measures to implement them, and in particular, promised to provide a study and solve the issue of decriminalization of insulting acts. As a result, insulting and slandering acts were removed from the revised Criminal Code, which was approved by the National Assembly in 2015 and effective from 2017.
However, Article 6.21 of the Law on Misdemeanors, known as the “petty crime law”, legalizes the offense of “Defamation”, and on January 10, 2020, the offense of “Defamation” was removed from the Law on Misdemeanors and added to the Criminal Code under the name “Article 13.14. “Spreading a false information”. In this regard, on November 4, 2020, during the discussion at the 36th session of the Working Group of the United Nations Human Rights Council’s regular joint discussion (UPR) to review the third national report on the state of human rights in Mongolia, recommendations were made to “Ensure conditions for journalists, media workers and civil society activists to freely carry out their activities in accordance with international standards without fear of any punishment by taking measures to decriminalize defamation and insulting acts not considering an crime”. Confirming this, UN Human Rights Council Resolution No. 46/105 dated 03.16.2021 was issued.
In addition, the report “Freedom of Expression and Global Trends in Media Development” of the United Nations Educational, Scientific and Cultural Organization (UNESCO) states that “restriction of the right to freedom of expression by criminalizing defamation and insults is increasing worldwide. It is appropriate to resolve issues related to defamation and insults by non-judicial procedures or by media self-regulation mechanisms such as press (media) councils.”
Therefore, we are demanding no censorship of journalistic activities, taking into account that the preventive measures to fine and impose a penalty of limitation of free travel rights on journalist N. Unurtsetseg and the restriction of her professional activities discussed by the court, and the investigation and prosecution of the journalist’s professional ethics issues through criminal proceedings, do not comply with the international agreement guaranteeing the right to freedom of expression and the Constitution.
