OSCE Mission in Kosovo welcomes decision to review criminal code provisions relating to media
PRISHTINË/PRIŠTINA, 8 May 2012 – The Head of the OSCE Mission in Kosovo, Ambassador Werner Almhofer, welcomed today the decision to return for review to the Assembly of Kosovo certain provisions of the new criminal code in Kosovo that threaten to diminish media freedom.
“I welcome the decision to return Articles 37 and 38 of the new criminal code in Kosovo for review by the Assembly. Those two articles in their present form undermine media freedom,” he said.
“Article 37 singles out media and journalists from all other persons or legal entities who might potentially commit a criminal offence by disseminating certain types of information. Furthermore it allows one person to be held criminally liable for another’s wrongdoing.
“Article 38 fails to establish a positive right of media not to disclose sources of information, and does not clearly specify situations under which media would be required to do so.”
Almhofer called on the Assembly of Kosovo to once again review these provisions and address concerns voiced by media freedom organizations and media themselves.
He also praised recent progress achieved with the adoption of legislation aimed at securing the independence of the public broadcaster and the Independent Media Commission, while opening the way for the establishment of a second public channel broadcasting in the Serbian language.
The OSCE Mission in Kosovo is mandated with democracy building and human rights protection and promotion. Media freedom is a vital component of both.