A/HRC/43/51/Add.2 C. Freedom of expression 30. The Special Rapporteur is concerned that public authorities, the private sector and members of the general public have, in recent years, stigmatized, blamed, discredited or even filed lawsuits against human rights defenders in the name of defamation. The Special Rapporteur welcomes the removal of the criminal offence of defamation in the 2015 revised Criminal Code. He further welcomes that article 1.4.4 of the revised Criminal Code adequately protects critics from criminalization, since the article indicates that no criminal offence should be imposed for individual’s opinion and faith. However, he is concerned about repeated rumours heard during his visit that the defamation clause might be reintroduced in the Criminal Code in the future. The Special Rapporteur warns that any regression on this matter would have a chilling effect on freedom of expression, which may contradict international human rights law and principles. 31. Further, the Special Rapporteur expresses serious concerns at the use of a civil law defamation provision to silence critics. Under article 6.21 of the law on administrative offences, the distribution of false information affecting the honour and reputation of a person or a legal entity should be punishable. Article 6.21 further stipulates that breaching the provision will result in a fine equal to 2,000 units (about $765) for libel concerning an individual, and 20,000 units (about $7,650) for libel relating to legal entities. Article 6.21 can be used – and in the past has been used – as a threatening tool against human rights defenders. Further, articles 497 and 511 seem to place the burden of proof on the defendant. The articles indicate that the party responsible for distributing information that damaged the honour, dignity and business reputation of others must prove the accuracy of the information it disseminated. If it fails to do so, it shall be liable to compensate the nonmaterial damage in monetary or other form separately from the material damage. 32. According to data provided by human rights organizations, between July 2017 and March 2018, a total of 230 journalists, media staff and social media users were investigated under article 6.21 of the law on administrative offences. 3 A total of 95 defamation cases were reportedly filed against media outlets and journalists during this period, for fines amounting to about 98 million Mongolia Tughrik (about $40,000). 4 Between May 2018 and May 2019, a total of 374 complaints were filed, with a total of 118 million Mongolia Tughrik (about $45,000) ordered on 57 individuals and two legal entities. 33. Human rights defenders opposing extractive industries or corruption practices are at particular risk from the misapplication of the law on administrative offences. The Special Rapporteur urges the Government to ensure that article 6.21 of the law does not adversely affect journalists, civil society activists or whistle-blowers who report on the activities of State and local authorities, as well as that of private companies and others. Given its potential deterrent effect on critical voices who may be exposed to particularly heavy fines, he strongly advises putting effective legal safeguards in place to ensure that criticism does not lead to persecution or harassment. 34. Furthermore, during the visit, the Special Rapporteur was apprised about new requirements for Internet users that could inhibit their freedom of expression online. Since 2014, private Internet providers and mobile phone operators have been required to display the Internet protocol address of users posting comments on their websites. In addition to this already invasive requirement, the Special Rapporteur learned that the Parliament was, at the time of the visit, considering amendments to the Communications Law of Mongolia. If passed, the amendments would require social media users to divulge their national registration number on social media platforms. If adopted, the ID of individuals, which is currently attached to telephone numbers, would be made available online. 35. The Special Rapporteur echoes the concerns voiced by some officials that he met: the disclosure of personal information online is a threat to privacy. He strongly advises 3 4 8 Forum Asia, “Mongolia: time to move from promises to actions”, 14 November 2018. Available at www.forum-asia.org/?p=27678. Globe International Center NGO, “Media freedom report: May 2017–May 2018” (Ulaanbaatar, 2018). Available at www.globeinter.org.mn/images/upld/Media_freedom_report_2017eng.pdf.