(IPI/IFEX) – The following is a 13 June 2001 IPI press release: Press Freedom Organisations Concerned about Existing Criminal Defamation and Insult Laws in EU Member-States On 13 June, the Coordinating Committee of Press Freedom Organisations sent a letter to the Swedish Prime Minister (see below) urging him to raise the issue of the continued […]
(IPI/IFEX) – The following is a 13 June 2001 IPI press release:
Press Freedom Organisations Concerned about Existing Criminal Defamation and Insult Laws in EU Member-States
On 13 June, the Coordinating Committee of Press Freedom Organisations sent a letter to the Swedish Prime Minister (see below) urging him to raise the issue of the continued existence of criminal defamation and insult laws on the statute books in many EU member-states. Sweden currently holds the European Union’s (EU) rotating presidency.
The press freedom organisations that make up the Coordinating Committee expressed mutual concern in a joint letter that “these laws constitute a threat to the fundamental human right of freedom of expression,” and urged the Swedish Prime Minister to seriously consider this issue during the forthcoming meeting of the European Council in Gothenburg, Sweden, on 15-16 June. “The abolition of these laws by EU member states would send a strong signal to EU applicant countries that they should also abrogate such legal relics and that their existence contradicts internationally accepted standards on freedom of expression”, the letter said. “By repealing such laws, EU member-states would lead the way and provide the applicant countries with guidelines concerning standards on human rights – much as they have done on other issues.”
Meeting twice yearly, the Coordinating Committee is made up of the following press freedom organisations: Committee to Protect Journalists; Commonwealth Press Union; Inter American Press Association; International Association of Broadcasting; International Federation of the Periodical Press; International Press Institute; North American Broadcasters Association; World Association of Newspapers; and the World Press Freedom Committee. In addition, these organisations sponsor a Fund Against Censorship and exchange information on press freedom trends and threats.
Rotating every six months, the country holding the EU presidency is responsible for managing the business of the European Council and moving the issues on the EU agenda forward.
Letter from Coordinating Committee of Press Freedom Organisations to Swedish Prime Minister, Mr. Göran Persson:
COMMITTEE TO PROTECT JOURNALISTS
COMMONWEALTH PRESS UNION
INTER AMERICAN PRESS ASSOCIATION
INTERNATIONAL ASSOCIATION OF BROADCASTING
INTERNATIONAL FEDERATION OF THE PERIODICAL PRESS
INTERNATIONAL PRESS INSTITUTE
NORTH AMERICAN BROADCASTERS ASSOCIATION
WORLD ASSOCIATION OF NEWSPAPERS
WORLD PRESS FREEDOM COMMITTEE
H.E. Göran Persson
Prime Minister
Statsrådsberedningen
Rosenbad 4
S-103 33 Stockholm
Sweden
Via Fax + 468 – 723 11 71
Vienna, 13 June 2001
Your Excellency,
We the undersigned, representing the organisations that make up the Coordinating Committee of Press Freedom Organisations, are writing to you to express our concern about the continued existence of criminal defamation and so-called “insult” laws in many European Union countries. Furthermore, believing that these laws constitute a threat to the fundamental human right of freedom of expression, we urge you to seriously consider this issue during the forthcoming meeting of the European Council in Gothenburg, Sweden, on 15-16 June.
While appreciating that, in many EU countries, these laws are no longer used, their survival on the statute books is a threat to freedom of expression for two main reasons. First, experience has shown that if these laws exist, there is a likelihood they will eventually be used. Second, the persistence of these laws on the statute books in Western democracies is used as an official justification by transition countries to use similar laws to punish journalists who report uncomfortable facts. The existence of these laws in Western European countries sets a negative example for those in the transition countries who wish to stifle criticism and limit the free flow of information.
Many countries in transition – including EU applicant countries – continue to use criminal defamation and insult laws to impede journalists in their work. Given that freedom of the media is precarious in several of these countries, the use of such pernicious laws harms the process of democratisation. Since both criminal defamation and insult laws normally provide for prison sentences or heavy fines, they have proven to be preferred instruments to intimidate journalists into self-censorship.
The purpose of reasonable defamation laws is to protect an individual’s reputation from unjustified injury. The use of criminal sanctions to achieve this, however, is a disproportionate punishment. This is evident from the practice in most established democracies of treating libel as a civil matter, for which the party allegedly offended must be the one to bring suit. Public prosecutors should have no place in defamation proceedings. The threat of imprisonment often forces journalists to resort to self-censorship and thus severely curtails freedom of speech and the right of the public to be fully informed. Experience in many democracies shows that civil damages provide ample redress for harm caused to individual reputations.
Insult laws are invoked by governments for similar ends. These so-called insult laws are designed to protect the “honour and dignity” of public officials, state symbols and institutions and, in some cases, even representatives of foreign countries. They are legal anachronisms that shield public officials from scrutiny and criticism and consequently deprive the public of their right to be fully informed.
Under the guise of protecting the “honour and dignity” of public officials, insult laws are used to silence critical reporting regardless of whether it is based on facts, and to punish individuals expressing opinions different from those expressed by governments. These laws encourage a culture of secrecy by providing protection to corrupt or incompetent officials and by preventing mismanagement of public affairs from being exposed.
Criminal defamation and insult laws are restrictions on freedom of expression that have no place in a democracy. Moreover, these laws are generally used by public officials who should – according to rulings by the European Court of Human Rights – be open to more scrutiny than private individuals. Some EU national courts have ruled that insult laws are contrary to the European Human Rights Convention.
Therefore, we urge you to raise this issue with representatives from EU countries during the meeting of the European Council. The abolition of these laws by EU member states would send a strong signal to applicant countries that they should also abrogate such legal relics and that their existence contradicts internationally accepted standards on freedom of expression. By repealing such laws, EU member-states would lead the way and provide the applicant countries with guidelines concerning standards on human rights – much as they have done on other issues.
The repeal of these legal provisions is by no means unrealistic. Evidence for this is provided by the abrogation of such laws in some Central and Eastern European countries, as well as in EU member-states, including Sweden in 1976.
We therefore appeal to you to urge the EU member-states to repeal their criminal defamation and insult laws. The European Council could adopt a resolution to that effect. Such a statement would reaffirm the commitment of the EU countries to uphold and protect fundamental human rights, including freedom of expression and press freedom.
This would also provide countries aspiring to join the EU with clear guidance. Moreover, such a step would echo positively well beyond the EU and its applicants.
We thank you for your attention and eagerly await your reply.
Yours sincerely,
Hector Oscar Amengual, Director General, International Association of Broadcasting
Timothy Balding, Director General, World Association of Newspapers
Ann K. Cooper, Executive Director, Committee to Protect Journalists
Johann P. Fritz, Director, International Press Institute
Marilyn J. Greene, Executive Director, World Press Freedom Committee
Donald D. Kummerfeld, President, International Federation of the Periodical Press
Michael McEwan, Secretary General, North American Broadcasters Association
Julio E. Muñoz, Executive Director, Inter American Press Association
Mark Robinson, Executive Director, Commonwealth Press Union
Dietmar Wolff, Director, European Newspapers Publishers’ Association
cc:
Mr. Thomas Bodström
Minister of Justice
Justitiedepartementet
Rosenbad 4
S-103 33 Stockholm
Via Fax: + 468 – 405 46 78
Ms. Britta Lejon
Minister for Democratic Issues, Public Administration and Consumer Policies
Justitiedepartementet
Rosenbad 4
S-103 33 Stockholm
Via Fax: + 468 – 24 22 19
Recommended Action
Similar appeals can be sent to:
H.E. Göran Persson
Prime Minister
Statsrådsberedningen
Rosenbad 4
S-103 33 Stockholm
Sweden
Fax: +468 723 11 71
