OSCE media freedom representative calls on Italian Parliament to protect freedom of expression by amending law on electronic surveillance
VIENNA, 3 October 2011 – The OSCE Representative on Freedom of the Media, Dunja Mijatović, today called on Italian parliamentarians to further revise a draft law on electronic surveillance to bring it in line with international standards on freedom of expression and OSCE media freedom commitments.
“As emphasized in a recent legal analysis commissioned by my Office, without more changes the legislation could hinder investigative journalism,” Mijatović said.
"Journalists must be free to report on all cases of public interest and must be able to choose how they conduct a responsible investigation. The draft law in its current form continues to contradict OSCE commitments, especially as it prohibits the use of some confidential sources and materials which may be necessary for meaningful investigative journalism in the service of democracy.”
Mijatović also expressed concern that an automatic “right of reply” would be extended to Internet sites. “Heavy fines for failing to post comments by the subjects of stories clearly have a chilling effect on free expression,” she said.
Mijatović presented the legal analysis to the Italian authorities in May. Recommendations contained in the analysis include:
- There should be no general restriction in law on publishing non-secret information of public interest obtained through electronic surveillance or that relates to court proceedings.
- Journalists should not face prison sentences for publishing information in the public interest.
- Journalists should not be required to join the National Order of Journalists to qualify for protection under the law.
- The right of correction that applies to traditional media should not be generally extended to Internet sites.
- No one should be punished for “possessing” secret information.
The full legal review and recommendations can be accessed here: //www.osce.org/fom/77453