Criminal defamation laws protecting foreign heads of states undermine media’s role as public watchdog, OSCE Representative says, issuing recommendations

VIENNA, 14 June 2016 – Criminal defamation provisions protecting heads of foreign states infringe on media’s right to report on issues of public interest, OSCE Representative on Freedom of the Media Dunja Mijatović said today as she presented a set of recommendations on the issue.

“Media freedom is dependent on journalists being able to freely report on and criticize even the most senior public officials, it is part of media’s vital role as public watchdog,” Mijatović said. “Laws protecting the dignity of foreign heads of state are especially problematic in this regard.”

To promote the abolition of all criminal defamation laws has been a strong position and consistent policy of the Office of the OSCE Representative on Freedom of the Media ever since it was established in 1998. The Office shares the position of the European Court of Human Rights, that the limits of acceptable criticism are wider with regard to a politician acting in a public capacity than in relation to a private individual.

“Public figures must display a greater degree of tolerance, especially when he or she makes public statements that are subject to criticism,” Mijatović said.

The Representative said that public figures are certainly entitled to have their reputation protected, but the requirements of that protection have to be weighed against the interests of open discussion of political issues. Mijatović also took note of a recent case in Germany, where a satirist was prosecuted for deriding a foreign head of state (www.osce.org/fom/234131).

“To give a special legal status on public figures solely because of their function or status, irrespective of whether the criticism is warranted, provides them with a special privilege that has no place in a democracy.”

In a communiqué issued today, the Representative recommended the OSCE participating States to:

• recognize that wherever they exist, criminal provisions that protect heads of foreign states impinge on the right of media to freely publish news as well as the public’s right to receive information and ideas;
• accept that criminal provisions must be interpreted in the context of international obligations and best practices in the OSCE region on media freedom;
• encourage legislatures to repeal laws shielding of heads of foreign states from criticism solely because of their function or status.

The Representative’s communiqué on criminal defamation laws protecting foreign heads of state is available at www.osce.org/fom/246521.

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.