OSCE Media watchdog concerned over libel sentence in Italy

VIENNA, 2 March 2004 - The Office of the OSCE Representative on Freedom of the Media is concerned about the 24 February sentencing of the Italian journalist Massimiliano Melilli to 18 months in prison for "defamation" by a court in Trieste and has raised the issue with the Italian government.

"I would like once again to express the firm position of our Office that all existing criminal libel and defamation laws should be repealed and replaced, where necessary, with appropriate civil laws," said the Office's Spokesman, Alexander Ivanko. "No journalist should be sentenced to prison for fulfilling his or her professional duties."

"Criminal libel legislation often prevents journalists from investigating corruption and certain business practices and has an overall chilling effect on the work of reporters. It is still a criminal offence in most OSCE participating States, although in many countries it is rarely, if at all, used. That is why this recent case in Italy is so worrying. It sets a precedent that may be followed elsewhere in the OSCE region," he said.

Mr Ivanko also said that the existence of criminal libel legislation and of so-called insult laws in several OSCE participating States had over the years hampered the work of the media. He recalled that the OSCE Representative on Freedom of the Media had organized a conference on libel and insult laws, "What More can be done to Decriminalize Libel and Repeal Insult Laws", in Paris in November 2003.