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Reporters without Borders: Romania's new criminal and civil laws come against the right to access public information

de Radu Rizea     HotNews.ro
Marţi, 24 martie 2009, 15:40 English | Top News

The "Reporters without Borders" organization and its local partner, the Media Monitoring Agency, condemn in a press release on Tuesday the restrictions against the right to information imposed by the reform measures of the civil and penal law, currently pending the approval of the Romanian Parliament. According to the two organizations, the articles referring to the private life significantly restrict the research and investigation operations and the legitimate right to information.



The press release:

“Articles in title II, section 3 of the proposed draft civil code, and article 225 in the draft criminal code regarding the right to privacy would significantly restrict research and investigation and a legitimate right to information,” Reporters Without Borders and the Media Monitoring Agency said. “Everyone agrees on the need to protect privacy, but the terms and limits in this proposed reform would give free rein to the most restrictive interpretations”.

“As it stands, the draft civil code would reduce the work of the press to just putting out information and statements that have been explicitly approved by those that produce them. The right of reply is part of journalistic practice but it cannot acquire the automatic character envisaged by this bill. The proposed reform’s requirements in the articles referring to data protection would also seriously undermine the right to the protection of sources that is the basis of all investigative journalism.”

“Like all European Union members, Romania has a duty to set an example when drafting laws affecting news and information, both as regards the substance of these laws and the way they are drafted. The interventionist nature of this reform in some ways recalls the June 2008 bill that would have forced national radio and TV stations to broadcast ‘positive’ and ‘negative’ news in equal measure.”

“Amendments to the criminal and civil codes are needed for Romania to conform to European media standards but they cannot be adopted without consulting with all of the actors involved. As it already did as regards digital broadcasting last November, the government prefers to act in haste and without any kind of consultative process although the basic principles of a modern democracy are at stake.”

Reporters Without Borders secretary-general Jean-François Julliard said: “We encourage all possible measures that help to combat the corruption that undermines the state’s ability to function properly, but it is absurd to try to attack corruption by restricting the freedom of investigative journalists to operate.”

The press freedom organization added: “Citing European Commission demands in order to justify the haste and the procedural methods used is unacceptable. We urge parliament to reject these bills and to demand a debate with all the actors involved. The subjects concerned are too important to reach a decision with such precipitation.”


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