03-05-2001 |
World Press Freedom Day: BHC and Article 19 Defamation Charter |
Sofia, 3 May 2001 - To mark World Press Freedom Day we, the undersigned, call upon the Government of Bulgaria to remove the offence of criminal defamation (Article 146, 147 and 148 of the Penal Code) and take the measures described below to help create an environment where Bulgaria 's international and domestic obligations to freedom of expression are guaranteed in law and practice.
In
Bulgaria, harsh defamation laws are still in place which can be used to inhibit
the press from reporting freely, stifle legitimate criticism of officials or
public bodies, and prevent the exposure of official wrongdoing or corruption.
Under international guarantees of freedom of expression, sanctions for defamation should not be excessive. In particular, excessive fines should never be imposed, no matter how blatant the defamatory statement. The experience of countries where criminal defamation laws are not in use shows that reputations can adequately be protected by civil defamation laws.
We therefore call upon the Government to abolish criminal defamation laws and replace them, where necessary, with appropriate civil defamation laws.
In addition, the Government should review defamation laws to ensure that:
- provisions which do not protect reputation, but instead prevent criticism of government, are repealed;
- the plaintiff bears the burden of proving the falsity of statements of fact relating to matters of public concern in defamation cases;
- in relation to a statement on a matter of public concern, it should be a defence to show that publication was reasonable in all the circumstances, in recognition of the fact that even the most professional journalists make mistakes when reporting in a timely fashion;
- no one is liable under defamation law for the expression of an opinion.
Since August 2000 Bulgarian Helsinki Committee has been working on an international project on defamation laws and freedom of speech.