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.
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).
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).
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...
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.
This law covers the main principles applying to telecommunication activities and provides for the protection of operators, providers and users (art 3). Among those principles, the law mentions that (1) “rules of registration, use of contry code domain names are regulated jointly by corresponding executive power body and respective bodies according to international norms” (art 7.10); (2) persons committing acts of unfair competition, violation of users’ interests and rights, or any illegal acts bear responsibility according to legislation (art 11.4); (3) Operators and service providers have the following duties: (i) to operate in field of telecommunication according to normative legal acts; (ii) to fulfill its duties arisen from contract signed with subscriber; (iii) not to violate consumer rights; (iv) to sign...