Non-governmental media organizations condemn the abusive actions of the Buiucani Police Inspectorate, manifested by the filing of a criminal case against Jurnal TV, and ask the authority to refrain in the future from the practice of misclassifying journalists' actions as a crime under the Criminal Code (libel).

 

On 22 December 2021, the employee of the Buiucani Police Inspectorate Alexandru Spoialo drew up a report stating that Jurnal TV had committed the offence of libel. The contravention process was triggered after a former police officer targeted in a journalistic investigation by the TV station filed a complaint with the Police. The former employee of the Ministry of Internal Affairs, Vitalie Grabovschi, accused Jurnal TV of spreading "false and defamatory information about the commission of a crime, thereby damaging his honour, personal dignity and professional reputation".

 

The investigating officer, invoking a violation of Article 70 of the Contravention Code, referred the case to the Ciocana Court of Chisinau, recommending that the court deprive the administrator of Jurnal TV, Valentin Butnaru, of the right to work for a period of one year for having admitted to broadcasting the contested information.

 

We remind the employees of the Buiucani Police Inspectorate that, according to the provisions of the Law on Freedom of Expression, the state guarantees the freedom of expression of the media and no one may prohibit or prevent the media from disseminating information of public interest except under the conditions of the law.

 

We regret the perpetuation of the damaging practice of illegally filing criminal cases against journalists who exercise their mission to inform citizens on issues of public interest. We recall that this is not the only case where legal provisions on libel are used as a weapon against media representatives.

 

We would point out that persons who consider themselves defamed may use the means of defence and restoration of rights provided for in the Law on Freedom of Expression, which presuppose the principle of adversarial proceedings and the guarantees established in the case law of the European Court of Human Rights. In this context, we emphasize that the filing of a criminal case against Jurnal TV can only be categorized as an attack on the freedom of expression of the media institution.

 

We call on the legal bodies empowered to establish and resolve cases concerning the offence of libel to stop the misuse of legal provisions by persons who consider themselves prejudiced as a weapon against the freedom of expression of the media and to refrain in the future from misinterpreting legislation.

 

Centre for Independent Journalism

Association of Environmental and Environmental Tourism Journalists

Association of the Electronic Press

Association of the Independent Press

Centre "Acces-Info"

Centre for Investigative Journalism