(CPJ/IFEX) – In its protest letter dated 28 May 1998, calling on the Bulgarian government to amend its criminal libel statutes, CPJ listed an outdated fax number for President Petar Stoyanov. Nerry Terzieva, the president’s press secretary, provided Stoyanov’s current fax number, +3592 987 5601 or +3592 6766, and her own fax number is: +3592 […]
(CPJ/IFEX) – In its protest letter dated 28 May 1998, calling on the
Bulgarian
government to amend its criminal libel statutes, CPJ listed an outdated fax
number for President Petar Stoyanov. Nerry Terzieva, the president’s press
secretary, provided Stoyanov’s current fax number, +3592 987 5601 or +3592
6766, and her own fax number is: +3592 981 6760. CPJ regrets the error.
The full text of CPJ’s 28 May 1998 alert follows:
(CPJ/IFEX) – CPJ supports the Bulgarian Helsinki Watch Committee and a
number of independent journalists’ associations who have recently petitioned
the Bulgarian Parliament and the Constitutional Court to repeal articles in
the Bulgarian Penal Code punishing journalists with imprisonment for
criminal libel.
In mid June 1998, the Constitutional Court is scheduled to rule on the
constitutionality of articles 146, 147 and 148. Article 146 calls for a
six-month imprisonment penalty for insult, while Article 147 punishes libel
with up to a one year sentence. These statutes place the burden of proof on
accused journalists who have to provide evidence that their articles are
factually correct. Article 148 is particularly troubling because it empowers
state prosecutors, rather than the injured parties, to open lawsuits for
defamation on behalf of officials who claim their reputations have been
damaged. Moreover, journalists face up to three years imprisonment for
defaming public officials.
CPJ supports the recommendations of the Bulgarian Helsinki Watch, the
Svobodno
Slovo journalists’ association and other local groups. These include the
abolishment of criminal provisions for libel on the basis that they are
unconstitutional and violate the UN Human Rights Accords and the European
Convention on Human Rights to which Bulgaria is a state party. Democratic
countries throughout the world denounced the jailing of journalists for
their written work and instead, have introduced civil remedies to deal with
libel.
Furthermore, Article 148 provides public officials with special protection,
and allows prosecutors to act on their behalf. This provision runs in
violation of Article 6 (2) of the Bulgarian Constitution, which states that
all citizens should be treated equally before the laws and guaranteed equal
protection from discrimination.
CPJ views this initiative as an important event for the future press freedom
in Bulgaria given the growing number of criminal libel lawsuits against
independent media outlets and journalists.
Recommended Action
Send appeals to authorities:
the
Penal Code which criminalize the libel prosecution of journalists in
Bulgaria
European democracies have prohibited the prosecution of journalists who
criticize public officials and influential figures, which they view as an
unjustifiable interference with freedom of
expression
Appeals To
His Excellency Petar Stoyanov
President of the Republic of Bulgaria
Fax: +359 2 875 601/011 359 2 822 574
Please copy appeals to the source if possible.
