25 May 2006

CRIMINAL DEFAMATION LAW REPEALED


Journalists in Macedonia can no longer be jailed for defamation offences, thanks to an amendment to the criminal code passed by Macedonia's parliament on 10 May 2006, says Reporters Without Borders (Reporters sans frontières, RSF).

Previously, journalists convicted of defamation could be jailed for up to three years. The amendment, which takes effect on 23 May, followed an international conference held by the Organization for Security and Cooperation in Europe (OSCE) last February at which legal experts, journalists, civil society activists and government officials agreed on the need to decriminalise defamation.

The OSCE Representative on Freedom of the Media Miklos Haraszti hailed the move, saying it will end the chilling effect that criminal defamation laws have on free expression and press freedom.

"If [journalists] are not under threat of being imprisoned for practicing their profession, editors, reporters and commentators will perform their duty by informing citizens, and contribute to greater transparency in public life," said Haraszti.

International human rights experts from the OSCE, the United Nations and the Organization of American States have repeatedly stressed that criminal defamation laws are an infringement on freedom of expression and should be replaced with appropriate civil defamation laws.

However, criminal defamation laws remain on the statutes of many European countries. According to a recent survey by the Council of Europe, more than 30 countries still have such laws, including France, Austria and the Netherlands.
Visit these links:
- RSF: http://www.rsf.org/article.php3?id_article=17725
- OSCE Representative on Media Freedom: http://www.osce.org/fom/item_1_18967.html
- OSCE Conference Resolution on Defamation: http://www.osce.org/documents/html/pdftohtml/18018_en.pdf.html
- ARTICLE 19 Principles on Defamation: http://www.article19.org/pdfs/standards/definingdefamation.pdf
- Council of Europe Survey of Defamation Laws in Europe: http://tinyurl.com/zskaq


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