OSCE Media Freedom Representative calls for repeal of controversial amendments to Slovak Press Act

WARSAW, 19 September 2019 – The OSCE Representative on Freedom of the Media, Harlem Désir, reiterated his concerns today over the controversial amendments to the Statute on Periodic Press and News Agencies of Slovakia (Press Act) establishing a right of reply for political leaders and public figures, which passed the second reading in the parliament of Slovakia this week.

The amendments, tabled in January 2019, apply to articles of the Press Act, and would bring back a right of reply to political actors or public officials who claim that their reputation has been damaged in media reports. This would imply a return to a provision first introduced in the Press Act in 2008, which was subsequently repealed in 2011 following strong domestic and international opposition.

The version of the bill passed on September 17 incorporated some recommendations from the legal review provided by the Representative. In particular, the right of reply will continue to be granted only to false statements of fact. In addition, the initial provision allowing both the right of correction and the right of reply in relation to the same statement in the media is now dropped from the draft. All of this reduces the scope of abuse.

At the same time, the revised amendments still reinstall the right of reply to political leaders and public figures. Media outlets that refuse to comply with the right of reply will still face high fines for doing so. 

“I am concerned that these amendments will represent a regression of the legal environment of Slovakia’s media, which currently enables them to report freely and without political pressure on matters of public interest,” said Désir. “I call upon the authorities of Slovakia to take into account the objections raised, and I hope the parliament will eventually abandon these amendments, thus protecting media freedom and investigative journalism. Political actors must accept a higher level of scrutiny and criticism, and the press must be allowed to remain free to exercise its function without facing financial threats.”

In March 2019, the Representative provided the authorities of Slovakia with a legal review of the proposed amendments. Based on the OSCE and other European standards, the recommendations of the review (see: https://www.osce.org/representative-on-freedom-of-media/414362?download=true ) suggested, in particular, keeping the provisions of Article 8 that restrict the right of reply of political leaders and public figures, extend the restriction to political and public legal entities, and to preserve the right only in response to “false, incomplete or truth-distortive” factual statements (as it is today). It also advised the Parliament to revise Article 8 in view of its full compliance with Slovakia’s OSCE commitments and obligations under international human rights instruments.  

See the Representative’s previous statements calling on Slovakia to abandon the controversial provisions: https://www.osce.org/representative-on-freedom-of-media/410848;https://www.osce.org/fom/49620