Libel action - instrument for restricting free press
The libel action is often used as an instrument for restricting the free press, say authors of the study “Freedom of the Press and Libel: Legal Provisions and Real Practices”. The study was carried out by the Independent Press Association and the Independent Journalism Center with financial support from Soros-Moldova Foundation, Info-Prim Neo reports.
“The study focuses on the problems faced by the Moldovan society in the relations with the press,” Doina Costin, jurist of the Independent Journalism Center and one of the authors of the study, told a news conference on March 25. “In fact, we tried to show how the press acts in court when it is sued by plaintiffs and to reveal the problems owing to which many cases are lost at the ECHR.” At the same time, the study analyzes the Moldovan legislation and how it respects the European standards.
In the same conference, Minister of Justice Alexandru Tanase said the freedom of expression and the independence of the judiciary are two key elements of a democratic society and a democratic government. “The Eight years of Communist government were a black period for Moldova. The press that did not support the government was harassed,” he said.
In the study, the acting head of the Independent Press Association Ion Bunduchi speaks about the behavior of the press in April 2009. “It was proven then that many persons, including journalists, learned the lesson. Unfortunately, the public mass media failed the exam and the given study can help the journalists deal with the challenges that the journalists face,” Ion Bunduchi said.
The authors of the study say two fundamental human rights come into conflict with each other in a libel case – the constitutional right to defend the honor and dignity and the freedom of expression and the media. They consider that the responsible journalists can avoid challenges and lawsuits, including libel action.
