North Macedonia’s Justice Ministry is proposing legal changes that could see people who violate journalists’ freedom of expression punished with sentences of up to five years in prison.

North Macedonia Proposes Jail Terms for Media Freedom Violations

Photo by Vasko Magleshov

North Macedonia’s Justice Ministry is proposing to criminalise the violation of freedom of opinion and expression as part of planned changes to the country’s criminal code.

A deadline expires on Wednesday for the public to comment on the proposed new version of the criminal code, which has been published on the National Electronic Register of Regulations.

For the first time in the criminal legislation of North Macedonia, Article 193 proposes a prison sentence ranging from six months to five years for anyone who orders or implements censorship, or who illegally prevents or restricts a journalist’s freedom of reporting.

The same sentence can also be given to anyone who unlawfully prevents the printing, sale or distribution of magazines, newspapers or other printed publications, or the production and broadcasting of radio and television programmes, the publications of news agencies or other media content.

Anyone who interferes with or infringes someone else’s right to express a personal opinion can be given a prison sentence ranging from three months to three years.

The article details five specific crimes against journalists that are punishable.

It envisions ten years to life in prison for the murder of a journalist. The other offences are violation of the journalist’s freedom of opinion and expression, coercion, and endangering a journalist’s security and preventing them from doing their job.

In an interview with Radio Free Europe on July 24 Justice Minister Nikola Tupancevski, said that the authorities have been working on the proposed amendments for three years.

One other proposed provision in the new criminal code has also caught the attention of the public – the changes in grounds for pursuing hate speech.

This coincides with the signing of a bilateral protocol between North Macedonia and neighbouring Bulgaria earlier this month, as part of the French-brokered push to overcome the so-called ‘history dispute’ between the two countries and lift the Bulgarian veto on North Macedonia’s EU accession.

Among other things, Bulgaria was complaining of hate speech against Bulgarians and Bulgaria.

Tupancevski insisted however that the amendments to the articles tackling hate speech should not be linked to the bilateral protocol.

The penalties for the offense are the same as in the current criminal code, he said, and it only the scope of grounds for inciting hatred are being expanded. In addition to the criminalisation of hate speech based on national, racial and religious grounds, there will be new grounds for prosecution including hate speech based on sex, gender, ethnic or religious affiliation, mental, physical disability and age.

One of the reasons why the Justice Ministry has proposed a completely new criminal code, and not amendments to the existing one, is the large number of adjustments and new provisions, such as those relating to the protection of the safety of journalists and doctors.

There is also a redefinition of provisions on confiscation, articles on crimes against the environment, compliance with the European Union directive on financial fraud and other issues, Tupancevski said.

The new criminal code will need at least 61 votes in the 120-seat parliament to pass. The ruling parties control a narrow majority of 63 MPs.

Source link: balkaninsight.com