This is an important victory for press freedom in Mongolia.
On November 25, the Constitutional Court of Mongolia made a historic decision, recognizing that the provision on "false information" in the Criminal Code contradicts the Constitution of the country.
The International Federation of Journalists (IFJ), together with the Confederation of Mongolian Journalists (CMJ), approved the court's decision and called on the country's parliament to take further steps for its official recognition.
This press freedom case arose against the backdrop of numerous complaints filed from mid-2024 to March 2025 by five journalists and two citizens regarding Article 13.14 of the Criminal Code of Mongolia. These appeals initiated an eight-month judicial process, accompanied by active support from the media community.
The Confederation of Mongolian Journalists, representing over 700 media workers, coordinated the actions of journalists and provided support to the lawyer, whose findings became the basis for the analysis of the Constitutional Court. The hearings took place after unsuccessful attempts by four deputies in December 2024 to introduce amendments to repeal the article, which they considered too broad and incompatible with international standards protecting criticism of public figures.
As a result of the hearings on November 24-25, the court declared the provision on "false information" unconstitutional, citing violations of the principles of the rule of law and freedom of speech.
According to Globe International Centre, between 2020 and 2024, 2,260 criminal cases were initiated in Mongolia under Article 13.14, but only five of them resulted in convictions. Human rights defenders note that this indicates the article is used as a tool for intimidation rather than as a legitimate legal measure. Amnesty International pointed out that in 2023, the article affected 16 journalists, including the editor-in-chief of Zarig, Өнөрцэцэг Наран, who was sentenced to nearly five years in a closed trial.
Since its introduction in 2020, this article has faced criticism for allowing law enforcement to initiate investigations without needing to confirm the falsity of the information. Local and international press freedom organizations warned that this vague offense could be used to persecute journalists investigating corruption and political offenses. Penalties for disseminating "knowingly false information" that harms reputation include fines of up to ₮1,300,000 (approximately $365), up to 720 hours of community service, or restrictions on freedom of movement for up to three months.
Now the court's decision awaits approval from the Parliament of Mongolia, with civil organizations, anti-corruption activists, and journalists, including representatives of the Supreme Court, actively negotiating with deputies for the official adoption of this decision.
CMJ stated: "We are pleased with the court's decision to annul Article 13.14 and strongly urge the Parliament of Mongolia to adopt it. We will continue to work with the parliament to ensure compliance with the Constitution of the country."
IFJ noted: "We welcome this significant victory for press and speech freedom in Mongolia and express our gratitude to the journalists who participated in this struggle. This law was used to suppress critics and journalists, and now the parliament must take steps to ensure that such provisions do not violate the rights of the citizens of Mongolia. This decision must be agreed upon."
Tatar S. Maydar
source: MiddleAsianNews
