ZAGREB, July 16 (Hina) - Amendments to the Penal Code will not restrict the freedom of speech and information, but it will treat intentions to slander someone as a criminal offence, as nobody, including journalists, has the right to
make statements for which they know that are false, the Justice Ministry said in a statement on Wednesday.
ZAGREB, July 16 (Hina) - Amendments to the Penal Code will not
restrict the freedom of speech and information, but it will treat
intentions to slander someone as a criminal offence, as nobody,
including journalists, has the right to make statements for which
they know that are false, the Justice Ministry said in a statement
on Wednesday. #L#
The statement contains an explanation the government made after
some comments appeared in the media which said that a new provision
on slandering would restrict freedom of speech and information.
The government asserts that the new provision will not limit the
freedom in journalism, as a journalist can be acquitted if they
prove in the court procedure that they have had reasons to believe
that the statements they have published were true.
This means that nobody, including reporters, can be freed of
responsibility for slander in case they intentionally spread
untruths.
The ministry added that the previous provision implied that some
persons, primarily reporters, had the right to smear the reputation
of others, namely to say untruths on purpose.
The government believes that such a right could not be justified by
anything or by the constitutional right to freedom of speech, as the
scope of that right is limited with the constitutional right to the
protection of privacy.
As only those who are liable for slander will be held responsible
for it, editors-in-chief will not answer for criminal offences
committed in mass media, if they are not guilty. Editors will no
longer be held liable on the basis of their objective
responsibility if they have published something for which they have
no known that it was an untruth.
The government believes the new changes will be to the benefit of
the protection of journalists and freedom of information.
The Croatian Journalists' Association (HND) on Tuesday said that
the changes to the Penal Code would restrict freedom of speech and
simplify the procedure for the prosecution and punishment of those
who can hurt somebody's reputation. Therefore the association
called on the government to re-enact previous provisions which
protected the freedom of speech to a greater extent.
(hina) ms sb