THE TERM “SECTION” ITSELF DOES NOT MEAN INSULT ITSELF
As it is known, the organization “Kyanqi Khosq” sued 3 famous medias for harming dignity and business reputation and for publishing religious hate creating information and demanded to force to excuse publicly. Since the first judicial session there are many calls from our citizens who want support somehow. Some of them are warried about the event happening, some want to be informed t whether the 3 medias have strict legal grounds. The fact that the reader of the media wants to support the media in such circumstances means that this media is on the right way and in the party of the reader it has great protector. What concerns the civil claim I think that it has no future as it has no legal grounds. When the RA adopted European values and now it is the carrier of such values as a result of which the number of different smell and different forms non-governmental, religious, political organizations coming from different places and financed by different funds increased like mushrooms, at that time the ECHR articulated by its precedents that freedom of expression according to the Article 10, part 1 is one of the grounds of democratic society and is the main condition of its development and self-realization of its members. This principles become more important from the point of mass media. Media does important functions in democratic society. Yes, it should not exceed certain boundaries, especially concerning the rights and legal interests of others but it bares responsibility to spread information in which public is interested in the scope of its obligations and responsibilities. Moreover, the public has a right to get such information, that is to say if the certain organization has certain functions, then the media elucidate it. So, the conclusion is that the elucidation of the events, evolution, functions in which the public is interested, falls on the media. Now let’s go back to the freedom of expression of journalists: the rightfulness of evaluating judgment is not an issue of proving. The demand of representing a proof of evaluating the rightfulness of judgment cannot be satisfied and such demand itself can violate the freedom of expression which is the main part of the right stipulated in the Article 10 of European Convention. We are not inventing a new bicycle as there are precedents of ECHR. Concerning the insult from the terms «secta» and «sectarian» presented in this claim, it should be mentioned, that if these words are insulting for one person it does not mean that those are insulting yet. From my point, the definition of this word is as following: religious belief which is out of the religious of certain church is strange for adopted religion etc. According to my client organization's view, the given church is Armenian Apostolic Church with its great and historical earning. Moreover, the RA Constitution stipulates and recognizes Armenian Apostolic Church as the absolute mission of national church in the spiritual life of Armenians and also in the development and protection of national values and identification. Concerning the collage published in media sectarian organization's (according to my client organization) head and actress Angela Sargsyan are captured, then it should be mentioned that it is not a innovation in media. There are more severe collages in western democratic countries and if there was no tolerance towards those, the courts of those countries would have been overloaded with huge amount of such cases. The mentioned collage's aim was to emphasize that Angela Sargsyan and «Kyanqi Khosq» have had a relationship. About a such relationship the media has published the collage which was based on the evidence that it had which are on the internet also till now. I am sure that the published materials have not breached any legal norm.
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