Proposed amendments to legislation in Moldova could endanger free expression and free media, OSCE Representative says

VIENNA, 22 April 2015 – OSCE Representative on Freedom of the Media Dunja Mijatović today said the proposed amendments to the Audiovisual Code and the Law on Freedom of Expression, recently put before the Moldovan Parliament, could be harmful to free expression and free media.

“Despite legitimate concerns including state security, state sovereignty and the protection of human rights, a number of the proposed provisions are excessive and not in line with best international practices,” Mijatović said. “These provisions may be abused and result in media self-censoring its work.”

In a letter on 16 April the Representative presented a legal analysis of the amendments, commissioned by her Office, to Andrian Candu, Chairman of Parliament of the Republic of Moldova.

The analysis indicates the following main recommendations:

• language of proposed legal amendments should be more precise to avoid the possibility of broad interpretation;
• provisions regarding sanctions should be more clear and respect the principle of proportionality;
• restrictions regarding certain programs must fall within narrowly prescribed categories;
• propaganda should be countered with information, rather than content restrictions.

The analysis also recommends the elimination of the proposed amendment to the Law on Freedom of Expression to prevent dissemination of materials from anonymous authors stressing that the decision to publish anonymous materials should be an editorial decision and not a legal mandate.

“I trust that the proposed changes will be carefully reviewed by the members of the Parliament, ensuring that the law does not pose any undue restrictions on free speech and free media,” Mijatović said. “My Office stands ready to continue supporting the authorities in Moldova by all means available and provide necessary policy recommendations.”

Mijatović also noted statements from civil society organizations expressing concern about the amendments potentially restricting media freedom. They also indicated that there has been a lack of transparency during consideration of these measures.

The full text of legal analysis is available at www.osce.org/fom/66082

The OSCE Representative on Freedom of the Media observes media developments in all 57 OSCE participating States. She provides early warning on violations of freedom of expression and media freedom and promotes full compliance with OSCE media freedom commitments. Learn more at www.osce.org/fom, Twitter: @OSCE_RFoM and on www.facebook.com/osce.rfom.