OSCE media freedom representative says Slovakian draft Press Act curbs editorial autonomy, asks authorities to withdraw it
VIENNA, 22 January 2008 - The OSCE Representative on Freedom of the Media, Miklos Haraszti, has asked the Slovak Government to withdraw its draft Press Act from Parliament in its current version, saying that his office was ready to prepare a legal review of the Act and provide recommendations.
"The present draft contains sections that would severely restrict editorial autonomy, and would thereby go against Slovakia's international commitments to protect media freedom," wrote Haraszti in a letter to Foreign Minister Jan Kubis.
Haraszti said that under the draft Press Act, the Ministry of Culture would decide if 'information was published in ways that belittle, excuse, or approve' the promotion of a long list of socially harmful behaviour. The list includes wars, inhuman actions, the use of narcotics, and also 16 types of 'hate', including hate 'based on political or other way of thinking'.
"Given the utter subjectivity and vagueness of these key concepts, the law could be arbitrarily used to restrict and punish even mere reporting on events or opinions. That would seriously damage society's right to obtain information on issues of public importance," said Haraszti.
"I find it especially objectionable that the draft would authorize the executive branch to determine speech infringements, and fine them up to 200 000 SKK. This clearly goes beyond the speech limitations accepted by democracies."
Haraszti also objected to the provision under which publishers would be obliged to carry a response from any person or legal entity if they were to find that a published 'fact statement' impacted on their honour or dignity, regardless of whether the 'fact statement' was true or not.
"As all opinions have a factual component, this provision in reality introduces an obligation to publish responses to opinions. That would grant politicians limitless and arbitrary access to publicity over the heads of editors," said Haraszti.
"In a pluralistic democracy, laws can not be used to boost 'objectivity' in private media outlets. The Government must not aim to homogenize opinion content or enforce editorial impartiality."