OSCE media freedom representative welcomes Romania's legal reform, urges open discussion of speech offence provisions
VIENNA, 30 April 2009 - The OSCE Representative on Freedom of the Media, Miklos Haraszti, met Romanian Foreign Minister Cristian Diaconescu today.
In the meeting, Haraszti emphasized his satisfaction that Romania's Parliament is ready to renew efforts to decriminalize defamation and transfer the handling of speech offences solely under the Civil Code.
"I welcome this effort, especially after the January 2007 decision of the Romanian Constitutional Court to annul the decriminalization of defamation passed by Parliament in 2006," said Haraszti.
"I hope that Romania will create an exemplary balance between the protection of the media's right to scrutinize public figures, and the protection of personality rights."
"The case law of the European Court of Human Rights makes it clear that expression should not be criminalized unless it poses a clear risk of serious harm, as in the cases of hate speech and incitement of violence," he added.
Haraszti asked Diaconescu to share as early as possible the relevant provisions of the draft Criminal and Civil Codes.
"I am glad that Minister Diaconescu expressed readiness to do so, and that he looks forward to a detailed legal review with recommendations from my Office," he said.
"I also hope that Romanian civil society will receive the draft Codes in a timely fashion and will be able to discuss them with the Government."