05. 11. 2012

ANEM comments on draft Law on Amendments to the Criminal Code

Amendments to the Criminal Code, proposed in the draft text by the Working Group of the Ministry of Justice and Public Administration, have been the subject of public discussion till this day. Considering that some provisions contained in the draft text of this law are in direct conflict with the interests of the media community and society as a whole to strengthen freedom of expression, ANEM submitted today its written comments to the Ministry, namely, the proposals for amending the text of the law that was in the public debate.

Two main ANEM objections to the draft text of the Law on Amendments to the Criminal Code pertain to the absence of decriminalization of defamation and insult as well as the deletion of the Article 138 Paragraph 3 of the Criminal Code, which ensures better protection of journalists against threats because of their work.

ANEM believes that the decriminalization of defamation and insult is necessary, because even mere threatening with criminal prosecution discourage journalists and media. In addition, the legal protection of honor and reputation has already been secured through civil proceedings.

ANEM also opposes the deletion of Article 138 Paragraph 3 of the Criminal Code, which lays down stringent punishment for threats to journalists when they are exposed to these threats because of their work. The ill-effect of the deletion is a fourfold lower legal minimum of penalties for persons imposing the threats. Given the practice of courts to pronounce sentences to perpetrators of threats against journalists, even when they were convicted, on the limits of prescribed legal minimum, or below it, ANEM believes that the proposed amendment may only be an encouragement for them.

Therefore ANEM proposed the decriminalization, namely deletion of criminal offences insult (Article 170) and defamation (Article 171) from the currently applicable Criminal Code, as well as the retaining of a more severe form of criminal offence endangerment of safety, namely Article 138 Paragraph 3 of the Criminal Code.

ANEM has long been arguing for the decriminalization of defamation and insult, but also for a range of other measures that should provide greater safety and protection of journalists in the exercise of freedom of expression. In its letter from December 30, 2011, sent to the Government of Serbia, the Ministry of Justice and the Ministry of Culture, Media and Information Society, ANEM listed concrete measures that require primarily the Public Information Law amending. As the Media Strategy has stipulated the adoption of the new Public Information Law, ANEM will invest its advocacy efforts that these changes be included in the new Law. At the same time, ANEM will continue to fight for the decriminalization of defamation  and insult.

See ANEM comments here (only in Serbian)