Newspaper & Mailroom
Joint Statement from WAN-IFRA and ENPA
Friday 07. August 2009 - Joint Statement Regarding the Amendment Law of the Law on the Protection of Minors Against Detrimental Effect of Public Information Of the Republic of Lithuania
The European Newspaper Publishers Association and the World Association of Newspapers and News Publishers jointly express their concern at the recent adoption by the Lithuanian Parliament (Seimas) of amendments to the Law on the Protection of Minors against Detrimental Effect of Public Information of the Republic of Lithuania.
On 14 July, the parliament adopted the amended Law on the Protection of Minors against Detrimental Effect of Public Information, which had been vetoed by former President Valdas Adamkus. Following the 14 July vote of approval by the parliament, the incumbent President, Dalia Grybauskaite is now obliged to sign the law.
The aforementioned organisations call upon the European Parliament, the Council of the European Union and the Council of Europe in Strasbourg to consider appropriate steps to ensure that this amended law respects the fundamental right to freedom of expression and freedom of the press, as guaranteed by Article 10 of the European Convention on Human Rights, core of the work of the Council of Europe and which also underpins the values of the European Communities.
Newspaper publishers reject any legal provisions and other means which may oblige the press to exercise self-censorship or any attempts to impose regulation of content under the guise of self-regulation.
The following issues are of concern:
Article 3: Whereas the law acknowledges that self-regulation of public information producers shall be taken into consideration, newspaper publishers believe that this should be strengthened to ensure that self-regulation of journalists should be “respected” rather than simply taken into consideration.
Article 4, sub-paragraph 11 outlaws the dissemination of any information which portrays mockery of a person. The aforementioned organisations are concerned that this could unduly limit satirical speech. The press should be free to criticise and satirize and the public has the right to receive such content.
Article 5 of the law declares that certain types of information are exempt from the law. It specifically indicates that information containing only content about events, political and social, religious beliefs or world-views are exempt, as is information significant with regard to its scientific or artistic value, or necessary for research and training. Also exempt is information of public interest or information where scope and effect are of low significance. Whilst it seems that there has been some attempt to try and cover most eventualities for news reporting, the article still does not specifically exempt the dissemination of information for legitimate news reporting purposes which could cover topics wider than those categories mentioned in article 5, sub-paragraph 1. It is therefore questionable whether some controversial speech would still be too harshly judged as detrimental to minors and therefore outlawed.
Article 4, sub-paragraph 12 outlaws “mockery or humiliation” on grounds of nationality, race, gender, origin, disability, sexual orientation, social status, language, religion, belief or attitudes. The law previously stated that “an incitement to discrimination” would be outlawed. The new references to “mockery or humiliation” are different in nature and vague. Current standards regarding anti-discrimination are set out in the EUs anti-discrimination directives, e.g. Council Directive 2000/43/EC, and a new proposal tabled by the EU in 2008 to address all discrimination of religion or belief, disability, age or sexual orientation, is currently under discussion. Newspaper publishers are concerned that outlawing mockery in place of direct incitement to discrimination – especially when also applied to the broad category of “attitudes” as set out in the amended law – would suppress genuine and legitimate opinion or comment in a democratic society.
The aforementioned organisations join leading human rights organisations in their condemnation of the Lithuanian Parliaments (Seimas) decision through Article 4, sub-paragraph 14, to outlaw the dissemination of public information that agitates for homosexual, bisexual and polygamous relations. In the interest of a press that can reflect a diverse and multicultural society, newspaper publishers condemn such attempts to repress the freedom of expression and call for the reconsideration of this point.
Article 4, sub-paragraph 18 outlaws information which promotes “bad eating”. In light of the fact that the adopted law also applies to advertising (article 8, sub-paragraph 1), newspaper publishers are deeply concerned as to what would be considered “bad eating”, as this vague wording has the potential to outlaw advertising for a wide range of food products. This provision alone could jeopardise advertising as a significant and vital source of revenues for newspapers. This would in turn seriously affect the valuable contribution that newspapers make to public debate in a democratic society.
The European Newspaper Publishers Association and the World Association of Newspapers and News Publishers call upon European decision makers to urge the Lithuanian authorities to give due reconsideration to their acceptance of this law, taking into account the grave consequences that it will have for the freedom of expression and the freedom of the press in Europe.