Episode 28: Defamation Law

Jun 10

Mongolia's Parliament repealed Article 13.14 — the criminal defamation clause that haunted the country's journalists for years. A victory for press freedom? Not so fast.

Duuya Baatar, founder and chairperson of the Nest Center for Journalism and Innovation Development and founder of the Mongolian Fact Checking Center, joins us to explain why the repeal is only a beginning. The numbers tell the story: between 2020 and 2024, more than 2,000 cases were opened under 13.14. Only 5% ever reached a court. Just 0.3% ended in a guilty verdict. The other 99.7%? Journalists dragged from police station to police station, district to district — too busy defending themselves to do their jobs. Intimidation by procedure. SLAPP, Mongolian style.

And 13.14 was never the only weapon. Over 100 Mongolian laws regulate media or information in some form. Clauses 17.6 and Provision 19 are already being deployed against newsrooms. Now Parliament wants a replacement defamation law — one that defines AI-generated content as false information, grants special protection to public officials who simply deny the facts, threatens whistleblowers with disqualification from office, and covers even what you say out loud in a meeting or a classroom. A boy was already detained for making a meme.

So what happens when a Press Freedom Bill regulates more than it frees? When the Constitutional Court hands civil society its strongest legal tool in decades, can advocates use it before lawmakers write the next sleeping provision? And why are Mongolia's politicians so afraid of criticism in the first place?

The law is dead. What comes to replace it may be worse.

Three Universals “Sins of the State“: