Defamation / Reputation
Afanasyev v. Zlotnikov
Russian Federation
Pravdivaya gazeta v. District Public Prosecutor’s Office, Case No. 2А-2479/2014 (2014)
Closed Contracts Expression
Key Details
- Mode of Expression
Press / Newspapers - Date of Decision
April 18, 2014 - Outcome
Monetary Damages / Fines - Case Number
2А-2479/2014
- Region & Country
Kazakhstan, Europe and Central Asia
- Judicial Body
Appellate Court - Type of Law
Civil Law - Themes
Defamation / Reputation
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Case Analysis
Case Summary and Outcome
The Specialized Inter-Regional Almaty Court held that a publisher violated Article 342 of the Kazakh Administrative Code when he allegedly published false information. The court ordered a three-month ban on publication. On appeal, The Court ruled in favor of the state, levied fines and upheld the suspension.
Facts
On August 7, 2013, the Inter-Regional Administrative Court of Almaty City ruled that Pravidvayua Gazeta must suspend publication for three months as punishment for publishing false information (Article 350, Section 2, of the Kazakh Administrative Code). Pravidvaya Gazeta continued to publish.
As the result, on February 24, 2014,the Prosecutor of the Bostandynsk Region of Almaty requested the Bostandynsk Regional Court to order Pravdivaya Gazeta to suspend publication for having violated similar and previous administrative orders. The court satisfied the Prosecutor’s request for suspension and levied fines on Aliya Ismagulova, the newspaper’s chief editor. Pravidavaya Gazeta appealed.
On April 18, 2014, Pravdivaya Gazeta appealed to the Appellate Court of Almaty the decision against it from February 24, 2014. The Appellate Court upheld the decision of the lower court against Pravidvaya Gazeta.
Decision Overview
The chief editor of Pravidvaya Gazeta appealed a court decision of the Bostandynk Regional Court ordering the newspaper to suspend publication for three months and the chief editor of the newspaper to be fined 50 average monthly salaries. The relevant Kazakh law is Article 342 of the Kazakh Administrative Code.
The appellant claimed that the decision of the lower court was unlawful due to the appellant, the chief editor of the newspaper, having not been present at the initial court hearing. The Appellate Court reviewed material facts of the case and determined that the appellant was properly notified and was present at the initial court hearing.
The Court ruled in favor of the state and levied fines and a suspension of publications for three months against Pravidvaya Gazeta.
Decision Direction
Quick Info
Decision Direction indicates whether the decision expands or contracts expression based on an analysis of the case.
Contracts Expression
This case contracts expression because the Court allowed the Prosecutor General to suspend publications from a newspaper, as well as levy heavy fines for publishing false information.
Global Perspective
Quick Info
Global Perspective demonstrates how the court’s decision was influenced by standards from one or many regions.
Table of Authorities
National standards, law or jurisprudence
- Kaz., Admin. Code, art. 350
- Kaz., Admin. Code, art. 342
Case Significance
Quick Info
Case significance refers to how influential the case is and how its significance changes over time.
The decision establishes a binding or persuasive precedent within its jurisdiction.
The Appellate and Bostandynk courts did not review the legitimacy of the initial order to suspend publications – a troubling fact. Instead, the courts focused on the failure of Pravdivaya Gazeta to satisfy the administrative order to suspend its publication. Using the failure as the basis to levy fined and re-suspend the newspaper’s publications.
Official Case Documents
Official Case Documents:
- Appealte Court's Decision
http://www.adilsoz.kz/upload/Court/court_9_2.doc - First Instance Court's Decision
http://www.adilsoz.kz/upload/Court/court_9_3.doc
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