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Azerbaijan Study on blocking, filtering and take-down of illegal Internet content

(prepared by Swiss Institute of Comparative Law for Council of Europe)
This is one of series of country reports prepared for the Council of Europe in 2015. Other countries' reports, and responses from national governments, are available here. The studies undertake to present the laws and, in so far as information is easily available, the practices concerning the filtering, blocking and takedown of illegal content on the internet.
Court Decision

Regional Court of Astara , Mikayil Talobov prosecution

After the amendment to the Criminal Code on Internet defamation on June 30, 2013, the the first person tried under the defamation act was Mikayil Talibov. On August 14, 2013 he was sentenced to a one-year public labor for his “libelous” Facebook posts. Additionally, 20 per cent of his monthly income was to be retained by the State for a period of one year. Talibov was found guilty under Article 147.1of the Criminal Code (Slander) over the “libelous” comments on the “Accessbank- Haqsizbank” (Accessbank-Unjust Bank) Facebook page, which he had created to criticize the activities of the bank. However, the Appelate Court of Shirvan cancelled this decision on November 22, 2013 and the case is still ongoing.

Amendments to the Criminal Code (criminalizing “defamatory and offensive views” posted on the Internet)

Prior to this amendment, only defamation on mass media produced liability. Internet was not mentioned. According to the amendments: (1) Spreading libel on the Internet is subject to a fine of 100-500 AZN, unpaid public works for up to 240 hours, or corrective labor for up to one year or imprisonment for a maximum of 6 months (art 147). (2) Deliberate humiliation of honor and dignity of a person (insult) in an indecent way on the Internet is subject to a fine of 300-1000 AZN, and unpaid public works for up to 240 hours, or corrective labor for up to one year or imprisonment for a maximum of 6 months (art 148).
Court Decision

District Court of Nizami , F. Novruzoglu Prosecution

Mr. Novruzoglu was accused of posting calls for riots on Facebook ahead of the 11 March 11, 2011 Great People’s Day protest. He was sentenced, and served 4 years and 6 months in jail, according to Article 220.2 of the Criminal Coded (calls for mass riots, and violence against the citizens).

Law No. 598, Rules for Using Internet Communication

Article 4 governs the “Rights and responsibilities of Internet service providers” and regulates the relations between ISPs and Internet users. (1) Internet Providers shall provide the following: (a) Internet service and qualitative work without interruption; (b) subscribers should be informed on a regular basis about the reception time of Subscribers by Internet service providers , Internet access, Internet use, service delivery guidelines , updates of the services and other types of services; (c) Clearly delivery of the terms of “Internet connection rules” and the relevant prices of "tariff for Internet services” preyskurats to the subscribers at the place of reception of citizens. (g) To remove all the dissatisfactions belonging to providers within 1 day at the request of consumers; (d) To set up their activities...

Law No. 1024 IIQ, The Law of The Republic of Azerbaijan to obtain information

Article 29 of this Law provides a list of information to be disclosed by information owners. In addition to the available tools, the government agencies must disclose the information specified in that list via the Internet as well. And the Article 32 of the law puts forward the obligation to create Internet information resources.