[hr-media] Romania: Government tries to rush through legal reform curtailing right to information
HREA
Reporters without Borders Press release
24 March 2009
Reporters Without Borders and its partner organisation, the Media
Monitoring Agency, condemn the restrictions on the right to information
contained in a proposed reform of the criminal and civil codes which the
government agreed on the 25th of February to submit to parliament on 11
March.
“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 organisation 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.”
HREA - www.hrea.org
Human Rights Education Associates (HREA) is an international non-governmental organisation that supports human rights learning; the training of activists and professionals; the development of educational materials and programming; and community-building through on-line technologies.
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