OSCE Representative calls on Russia to drop legislative amendments that could undermine freedom of expression and access to information
Vienna, 21 September 2018 – In a letter to the authorities of the Russian Federation the OSCE Representative on Freedom of the Media, Harlem Désir, expressed his concern regarding the proposed amendments to the country’s Code of Administrative Offences and the Criminal Code, which were adopted yesterday in the final reading by the lower house of parliament, the State Duma. The amendments, among other things, strengthen the penalties for the dissemination of ‘false’ information related to defamation and information that affects privacy protection.
“I am concerned about the introduction of criminal responsibility, punishable by up to one year of imprisonment, for non-compliance with court decisions ordering the takedown or retraction of content in the civil defamation domain. As such, the amendments have a high potential to undermine the freedom of expression, including the free flow of information and access to information,” said Désir.
“The international standards related to civil defamation laws stipulate that any sanctions should not be so significant as to exert a chilling effect on freedom of expression and should be strictly proportionate, as well as designed to restore reputation. Imprisonment is never an appropriate penalty for such offences.”
The Representative noted that while additional and adequate measures to protect minors, as stipulated in the explanatory note to the amendments, can be legitimate and necessary, the statutory provision, which would apply criminal responsibility for civil offences related to defamation, can represent a threat to freedom of expression.
“I call on the members of the upper chamber of the Russian Parliament to reject these amendments and stop initiatives which would represent a serious setback for, and negatively affect the right to, freedom of expression and access to information of public interest,” Désir said.
Désir also encouraged the authorities to fully decriminalize defamation as was the case in 2011 (https://www.osce.org/fom/85154), in order to end the chilling effect of such legislation on freedom of the media.
The OSCE Representative on Freedom of the Media observes media developments in all 57 OSCE participating States. He 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.