Case study on civil and criminal defamation heard by the Mongolian courts in 2009 and 2010

Two researches worked on the case study of the civil and defamation cases against media and journalists heard by the Mongolian courts in 2009.  We could not access to the cases heard in 2010 because the materials were not arrived in the Capital City Court Archive, so the researchers reviewed the archival documents of nine Ulaanbaatar district courts and materials of 21 aimag courts.

The Civil Law of Mongolia protects the person’s honour, dignity and reputation and libel and insult are subject to the Criminal Code of Mongolia.

In 2009, the Mongolian courts heard and took decisions on in total of 45 civil and criminal defamation cases. Only criminal defamation case was brought to the court. 17 cases were filed against media and journalists.  No criminal defamation cases launched against media, but the only criminal case was filed on the base of information distributed through media. 

82.4 percent of the cases were heard by Ulaanbaatar courts. Globe International has been conducting the similar studies starting from 1999 and the number of the defamation cases against media and journalists has dropped in 2009 by 8 compare to 2008.

Years Civil cases Criminal cases
 Total   Against
  media
Total    Against
  media
1999   30   -   3   -
2000   39   -   -   -
2001   31   11   4   -
2002   44   37   2   2
2003   28   18   1   1
2004   40   40   1   1
2005   29   25   1   1
2006   36   31   3   3
2007   33   33   -   -
2008   39   25   5   5
2009   45   17   1   -
Total  394  237  21  13

In 2009, in 17.6 percent of the cases media won and 35.3 percent- lost. The media and plaintiffs reconciled in the remaining portion or nearly half of the cases (47.1 percent).

In 73 percent of the cases, the plaintiffs were the public officials and public institutions. Indeed, the journalists face legal problems when they criticize the government officials or government agencies. Deflation legislation is still used by the authorities as censorship tool.