Freedom of thought, opinion and expression

• Constitution of Mongolia
• Human rights, defamation

• The law on human rights commission
• The Law on the Court
• The Law on the Public Prosecutor’s Office
• The Law on the Police Authority of Mongolia
• The Criminal Law
• The Civil law
• The Law on Procedures to Be Followed During Public Meetings and Demonstration

The Law on Public Prosecutor’s Office

April 23, 1993

Article 14. Main full rights of public prosecutor

6. The public prosecutor shall comply with laws and regulations, procedures and instructions issued by the General State public prosecutor in compliance with laws and regulations, moral standards of civil servants; respect human rights, freedoms, reputation and legitimate interests; maintain confidentiality of secret information of the state, organisations and individuals to which he had access or was given to him in the course of his official duties.

The Constitution Of Mongolia

Article 16
The citizens of Mongolia shall be guaranteed the privilege to enjoy the following rights and freedoms;
16) Freedom of thought, opinion and expression, speech, press, peaceful assembly. Procedures for organizing demonstrations and other assemblies shall be determinate by law
17) The right to seek and receive information except that which the State and its bodies are legally bound to protect as secret, In order to protect human rights, dignity and reputation of persons and to ensure national defense security of the country and population and protecting public order

The Criminal Law of Mongolia

Approved on December 5, 1986

Article 117. Defamation
1. Criminal charge shall be imposed for defaming reputation and esteem of others by distributing false implicit or explicit accusation of up to one year imprisonment, compulsory works for the same period or a fine of togrog 10000 to 50000.
(This provision was changed by laws issued on February 15, 1993 and June 7, 1993)
2. If the offence is made by publication of false accusation or other distribution of copied material, or sending an anonymous letter, or by a person who was criminally charged previously, the person responsible shall be charged for up to 2 years imprisonment or compulsory works for up to 1 and a half years, or a fine of togrog 25000 to 50000.
(This provision was changed by the law issued on February 15, 1993)
3. If, due to false accusation, the victim is to be charged with severe criminal offence, the person responsible shall be charged for up to 4 years imprisonment

Article 118. Defamation
1. Criminal charge shall be imposed for deliberate defamation of reputation and esteem of others in oral, written, or other forms with up to 6 months compulsory works or a fine of up to togrog 10000.
(This provision was changed by laws issued on February 15, 1993 and June 7, 1993)
2. If the offence if made by a person who was charged of a similar offence, or by way of publication in press, the person responsible shall be imposed a charge of compulsory works of 1 and a half years or a penalty of togrog 20000 to 80000.
(This provision was changed by the law issued on February 15, 1993)

The Civil Law Of Mongolia

Article 7 Protection of name, dignity and reputation
1. If citizens or legal entities consider that their name , dignity or business reputation has been defamed , then they shall be entitled to contest that defamation and claim for the recovery of damage caused by that defamation.
2. If the person who disseminated the information referred to in paragraph 1 of this article cannot prove its accuracy , then that person shall be liable to compensate for any damage caused.
3. A court shall determine the amount of damage cause d by the defamation of name dignity or business reputation as well as the means of its recovery in accordance with the rules and producers set out in this law.

Article 377 Grounds for liability for damage
1. A person who causes damage to the life, health, dignity, reputation, goodwill or property of another is obliged to fully compensate for that damage.
2. If person causing damage proves that damage did not occur as result of his or her own fault , he or she shall not be liable for that damage except as provided by law.
3. A person who causes damage to other persons as a result of the exercise of statutory powers shall be exempt from liability except as specifically provided by law.
4. Damage caused by justifiable self-defense shall not be compensated for .
5. If the need for protection causes damage to others , a Court may exonerate the person fully or partially from liability, taking into account the circumstances and the amount of damage which may have been caused.
6. Unless otherwise provided by law, damage caused to another by a lawful action shall be compensated for.
7. Only a Court shall determine the amount of damage

Article 392 Compensation for non-material losses
1. If person disseminates information which damages to another to another`s dignity, reputation or goodwill and is unable to prove that his or her action was truthful, that person must compensate for that damage by money or otherwise regardless of whether there has any material loss.
2. A court shall determine the amount of monetary compensation for nonmaterial damage within the amount of the plaintiff's claim taking into account the way information was disseminated, the scope of its dissemination, the moral consequences to the injured person and other things, and shall instruct the information was disseminated or otherwise.

The Law on Procedures to Be Followed During Public Meetings and Demonstrations

Approved on July 7, 1994

Article 7. Places where public meetings and demonstrations are prohibited

1. It shall be prohibited to have public meetings and demonstrations on issues listed in paragraph 1 of Article 3 of this law in locations of the following organisations: