Legislation should ensure protection at online meetings, Promo-LEX

The regulations and resolutions of international organizations converge on the protection of the freedom of assembly online. The online meetings are considered similar to the applicability of offline meetings and should enjoy at least the same protection level. Moldova’s legislation does not hamper the holding of online meetings, but also does not offer sufficient projection for the organizers and participants in such meetings. The state institutions are to adjust their its instruments and normative documents so as to ensure a benefit for all the persons who intend to hold meetings online, regardless of the place of stay, says a study conducted by experts of the Promo-LEX Association.

In a news conference at IPN, one of the study authors Florin Gîscă said the young people prefer online meetings as they easier adjust themselves to all the digital communication instruments. During the next few years, the number of organizers who will prefer online meetings owing to the advantages offered by these is expected to rise. As this is a fully new environment for exercising the right to freedom of assembly, questions whether the legislation offers or does not offer sufficient protection for exercising this right appear.

Co-author Alexandru Postica said that the legislation of the Republic of Moldova does not prevent the holding of online meetings, but also does not offer sufficient projection for the organizers and participants in such meetings. Given that the regulations and resolutions of international organizations converge on the protection of the freedom of assembly online, the experts of Promo-LEX recommend the state institutions to adjust their instruments and normative documents so as to ensure a benefit for all the persons who intend to hold meetings online, regardless of the place of stay.

The study authors note that when it goes to the online environment, we should abide by the provisions that define the place of assembly. But these provisions seem to be outdated. The lawmakers set down the rule that the meetings can take place in any place open to the public, outside buildings or outside other places without free access. The new interpretation of the provisions of Article 21 of the International Covenant on Civil and Political Rights says that the state should protect the peaceful meetings wherever they are held: outside or inside buildings or online, in public or private places or in combination. Consequently, any organizer has the right to seek protection for the meeting planned in any of the mentioned conditions.

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