The MPs want to supplement the legislation so as to counteract the spread of false information and identities in the mass media and on social networking sites, which is often aimed at defaming, denaturing particular elements or causing damage. In the Republic of Moldova, even if the legal framework needed to protect personal data was created, the penal norms do not criminalize actions or inactions that result in the usurpation or falsification of the person’s identity. The subject was debated on the parliamentary platform today, IPN reports.

The head of the commission on national security, defense and public order Lilian Carp said that there are many methods of usurping identity and of using false identity in the online space. Among these is the cloning of profiles on social networking sites and of websites. Scam websites look like the websites they copy and only their web address is slightly modified. The dissemination of fake news intensified during the COVID-19 pandemic, the authorities banning access to over 60 websites that disseminated false information.

The distribution of old news is one of the tactics used to manipulate public opinion. These cannot be classed as ‘fake’ because they depict a real situation, but from the past. The moderators hope the readers will not pay attention to the publication date and will treat them as current. Lilian Carp said the distribution of fake news in Romanian takes place primarily through Facebook and anonymous blogs, while of fake news in Russian - through Telegram channels. The MP noted that the Penal Code should stipulate punishment for the usurpation of identity and should criminalize the use of false identity.

Attending the debate, director of the Association of Independent Press Petru Macovei said that it is very important to take the existence of the intention to disseminate fake news or its absence into account when the new legal provisions are designed. The lawmakers should realize that they should not infringe on the freedom of expression and on the possibility of criticizing even with an anonymous identity. The right of each journalist to have a pseudonym is very clear and cannot be denied by law.

The head of the Association for the Protection of Private Life Sergiu Bozianu noted that the Moldovan legislation does not appropriately proscribe the violations that encroach upon the private life. The law does not define “identity” and does not stipulate how it is established. This is imperative in the digitization context.

Veronica Mocanu, of the academia, said that the actions that will be taken should center not only on the formulation of legal provisions, but also on the mechanisms for applying these provisions.

The debates on the issue will continue. A working group will be constituted to work on the legislative amendment.