2002/2003 Yearbook of the OSCE Representative on Freedom of the Media

Page 299

Libel and Insult Law s: What mo re can be do ne to decriminalize libel and repeal insult law s? Conference with Reporters sans frontières, Paris, 24-25 N ovember 2003 O bjectives: To encourage and facilitate an exchange of ideas on existing libel legislation in O SCE participating States w ith a view to issuing recom m endations on how to proceed w ith decrim inalizing libel and repealing insult law s that provide for undue protection for public officials. The conference w ill be organized in partnership w ith Reporters sans frontières (RSF) and held in Paris, France, on 24-25 Novem ber 2003. Background: The existence of crim inal libel legislation and of socalled insult law s in several O SCE participating States has over the years ham pered the w ork of the m edia, putting undue pressure on those journalists w ho investigate such issues as corruption, especially involving governm ent officials. Crim inal libel law s are also used to protect high-ranking civil servants and politicians from criticism w here specific insult law s do not exist (w hich offer protection to such officials, i.e. legislation that m akes it a crim e to “insult” the dignity of the Head of State, Speaker of Parliam ent, Prim e Minister, etc.) Although crim inal libel and insult legislation are still part of the crim inal code in several Western European countries, it is rarely used, if ever. How ever, its m ere existence is often referred to by those O SCE participating States am ong the developing dem ocracies that im pose incarceration for libel. Freim ut Duve, the O SCE Representative on Freedom of the Media, has on several occasions spoken in different fora on the need to decrim inalize libel in all O SCE m em ber countries and to repeal insult law s that provide undue protection from criticism for politicians. Som e countries have follow ed suit; som e are still actively using such legislation to silence independent m edia w hich are m ostly in opposition to the current governm ent. A publication based on the results of the round table is envisaged. Reco mmendatio ns The participants at the conference on Libel and Insult Laws, organized by the O rganization for Security and Co-operation in Europe (O SCE) PRO JECTS 2002/2003

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