Draft Amendment to the Criminal Code Submitted to the State Great Khural
PoliticsUlaanbaatar, December 30, 2024 /MONTSAME/. On December 27, 2024, Members of the Parliament of Mongolia Lodoisambuu Chuluunbileg, Bayarbaatar Bayarmagnai, Enkhtuya Dorjzovd, and Ganbaatar Amgalanbaatar submitted the Draft Amendment to the Criminal Code of Mongolia to Chairman of the State Great Khural Amarbayasgalan Dashzegve. The proposed Amendment provides for a subtraction of Section 1 of Article 13.14 of the Criminal Code of Mongolia. In 2020, the Parliament added the crime of "disseminating false information" to Article 13.14 of the Criminal Code. This crime is objectively defined as "spreading false information that harms one's reputation." The section covers a broader context and scope than the offense of “defamation” under the 2002 Criminal Code. The Amendment introduced in 2020 focuses on the objective aspect of the crime, which is the “dissemination of false information to the public,” but fails to comprehensively define the subjective aspect, such as whether the false information was intended to “discredit or harm” someone. Lawmakers highlighted that the terminology and conceptual clarity of the provision have been left ambiguous, creating inconsistencies. Member of Parliament Lodoisambuu Chuluunbileg emphasized that internationally, the fundamental principles, practices, and standards regarding the right to criticize, question, or express opinions about public figures, politicians, and high-ranking officials in connection with public interest, are well-established, and highlighted the need to adapt these practices in Mongolia. He stressed that the adoption of the Draft Amendment would further strengthen the guarantees provided under the Constitution of Mongolia regarding freedom of expression and media.