RFS: New Bulgarian Criminal Code Threatens Media Freedom

Reporters Without Borders state the recently adopted amendments in the criminal code threaten even further media freedom in Bulgaria. File photo

The international organization Reporters Without Borders (RSF) is alarmed by the bill adopted by the Bulgarian cabinet on October 20, amending the criminal code section dealing with "crimes against the national and racial equality."

In a publication, dated November 2, RSF state the increase of the penalties for discriminatory statements in the media to four years in prison and a fine of BGN 5 000 to 19 000, instead of applying just to incitement of racial, national or ethnic hatred, would cover "all forms of discrimination."

The publication cites Bulgarian jurists, saying a total of 23 forms of discrimination are to be found in article 6-2 of the constitution and article 4-2 of the Law against Discrimination. They include not only sexual orientation, religion, ethnic origin and physical handicaps but also age, political affiliation, social and material status, and family situation

Bulgarian lawmakers insist the amendments are prompted by Council of Europe recommendations, but RSF point out the bill goes far beyond the Council's prescriptions and contains too much imprecision as regards its scope."

"Subjective interpretation of the new discriminatory elements and criteria could result in the courts punishing the expression of critical views or even investigative reports targeting, for example, the 'material status' of government officials, a very sensitive subject in Bulgaria," the publication reads.

RSF also stress on another alarming development, where the Bulgarian press (the daily Sega is cited), has reported an "explosion" in recent weeks in Interior Ministry requests for detailed mobile phone bills and for access to information exchanges between Internet users.

The publication reminds that according to the law, these requests can only be made in cases involving serious crimes (punishable by at least five years in prison) and must always be the subject of a court decision, but that the heads of the various police departments can nonetheless obtain detailed mobile phone bills on "emergency" basis without going to court, as long as grounds are submitted to a court afterwards.

RSF voice concern about the increase in these intercept requests and the possibility that they would be applied to journalists, as they have been in the past.

"The phone-tapping practiced by the intelligence agency DANS in 2008 showed that it was easy for the authorities to sidestep the legal restrictions," RSF point out, vowing to follow developments in these issues closely.

In the latest report, Bulgaria was ranked 70th in the 2010 Reporters Without Borders world press freedom index.

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