Sergiu Ostaf: Amendments suggested to Broadcasting Code will limit freedom of expression

The changes proposed by the Democratic and Liberal-Democratic MPs to the Broadcasting Code infringe directly on the freedom of the mass media and on the right to free expression, executive director of the Resource Center for Human Rights (CReDO) Sergiu Ostaf said in the talk show “Pahomi” on Realitatea TV channel, IPN reports.

According to Ostaf, the proposed amendments do not have legal reasons. “Why should a host answer for the statements made by an invitee to the talk show and make this invitee provide evidence? Why should the host be obliged to present the reply of the criticized person if this person possibly does not want to use the right to reply? Or the journalist should impose him/her? There is a risk that the talk shows will turn into lawsuits with presentation of evidence and with offering of the right to defense. Regretfully, the politicians didn’t learn the lesson taught by the ECHR in 2001, in the case of Busuioc against Moldova. It specified then what opinion is, what erroneous facts are and when the person must bear responsibility for erroneous facts,” he stated.

The CReDO director considers that by this bill the authors wanted to ensure protection from mass media criticism. “Particular criticized persons who are in power take measures to protect themselves from criticism. This bill was put forward after politicians from the government coalition sued those who criticized them,” he stated.

Sergiu Ostaf noted that he is also against imposing a ban on broadcasting electoral publicity on the public TV channel “Moldova 1”. “Nothing bad will happen if the public TV channel is able to earn money from electoral publicity. It should only not be in excess. But the channel can allot 30 minutes a day for electoral advertisements. I think this amendment represents lobbying on the part of owners of TV channels,” he stated.

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