OSCE Media Freedom Representative warns of further serious restrictions on freedom of expression in recently adopted Belarusian laws

VIENNA, 24 June 2021 – The OSCE Representative on Freedom of the Media, Teresa Ribeiro, today stated that the recently adopted laws in Belarus seriously contradict international human rights standards on freedom of expression and freedom of the media, including the OSCE commitments of the country.

“The recent legal regulations adopted by the Belarusian authorities are detrimental to the already dire state of freedom of expression and freedom of the media in the country,” Ribeiro said. “I call on the national authorities to repeal these excessively restrictive provisions and undertake a comprehensive reform of the national legislation to bring it in line with applicable international standards and the OSCE commitments of the Republic of Belarus.”

The Representative’s comments follow legal analyses commissioned by her Office and prepared by independent experts of the then draft laws “On amending legislation in the sphere of mass media”, “On amending the Law of the Republic of Belarus “On Mass Events in the Republic of Belarus” and “On Amending the Codes Related to Criminal Liability Issues”. As per established practice, the experts analysed the laws, which were enacted in late May 2021, in the context of the provisions of the Constitution of the Republic of Belarus, as well as in the context of relevant international standards and OSCE commitments on freedom of the media.

The analysis of first two documents, undertaken by media lawyer Dmitry Golovanov, concludes that the newly introduced amendments contain a prevailing potential of excessive restrictions on the right to freedom of expression and freedom of the media. The analysis underlines that the amendments lack sufficient balancing provisions to prevent the unjustified application of restrictive measures for the mass media, which will inevitably narrow the space for freedom of information.    

While the law “On Amending the Codes Related to Criminal Liability Issues” concerns a broad range of existing and new crimes, expert Dr. Elena Sherstoboeva focused on the provisions that affect the right to freedom of expression and freedom of the media. She studied, amongst others, the provisions related to extremism, defamation, artistic freedom and privacy. The analysis concludes that the law poses serious new challenges to the exercise of the aforementioned rights, as it significantly increases already disproportionate criminal penalties for existing crimes; provides excessively harsh punishment for new offenses; and – as it largely fails to comply with international standards on proportionality, legality and necessity – poses the risk of arbitrary application.

“The legal reviews offer important recommendations aimed at addressing the most problematic matters of free speech in Belarus. As always, my Office stands ready to assist and provide further, so much needed expertise,” Ribeiro added.

The Executive Summaries (in English) and full legal analyses (in Russian) are available at:

https://www.osce.org/representative-on-freedom-of-media/490493

https://www.osce.org/representative-on-freedom-of-media/490499

Earlier, the Representative commissioned and presented to the authorities a Legal Review of Resolution No. 578 of the Council of Ministers of the Republic of Belarus, adopted on 2 October 2020, which governs accreditation rules and procedures for foreign journalists in Belarus: https://www.osce.org/representative-on-freedom-of-media/481264

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.