COVID-19 response in Bulgaria should not curb media freedom, says OSCE Representative on Freedom of the Media
VIENNA, 15 April 2020 – The OSCE Representative on Freedom of the Media, Harlem Désir, expressed his concerns today about Bulgaria’s draft legislation that would criminalize the spread of "internet misinformation". Punishment includes fines of up to 1,000 euros and even imprisonment of up to three years.
After the President of Bulgaria, Rumen Radev, partially vetoed a state of emergency law in March, a new bill with amendments to the Radio and Television Act and the Criminal Code was presented to the National Assembly. These amendments would, if adopted, vest the country’s broadcasting regulator with the power to suspend websites for distributing “internet misinformation”. Unlike the first law, which would have only targeted “fake news” related to the pandemic, the new bill would criminalize all forms of false information disseminated on the internet. No criteria are defined as to what constitutes misinformation.
“I fully share the need to fight the dissemination of false information related to the pandemic, but it is paramount to ensure that media freedom is respected and that journalists are free to report on the pandemic, without undue restrictions,” said Désir. “Measures aimed at combating disinformation should be necessary, proportionate and in line with international standards. I welcome the fact that the President of Bulgaria vetoed the initially proposed legal restrictions on the work of journalists. Unfortunately, the new draft amendments, as they have been proposed, pose a risk of undue restriction on media freedom, the work of journalists, and the free flow of information, both in the context of the current pandemic and thereafter. The media have an important role to play in providing information on vital health measures to the public and in combating false information on the pandemic. The fight against ‘fake news’ and misinformation should be based on the role of free media, access to information, the promotion of fact-checking initiatives, and media literacy.”
He recalled the joint statement that he published together with David Kaye, UN Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, and Edison Lanza, the Inter-American Commission for Human Rights’ Special Rapporteur for Freedom of Expression, which emphasized that: “Human health depends not only on readily accessible health care. It also depends on access to accurate information about the nature of the threats and the means to protect oneself, one’s family, and one’s community”. The Representative and the two Special Rapporteurs also stated that: “The right of access to information means that governments must be making exceptional efforts to protect the work of journalists. Journalism serves a crucial function at a moment of public health emergency, particularly when it aims to inform the public of critical information and monitors government actions.”
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.