05. 11. 2012

Debate on decriminalization of libel and slander

Belgrade, November 5, 2012. (Tanjug, Beta, B92) - The Ministry of Justice has announced the possibility of deletion of the Criminal Code's article prohibiting reporters to comment on court proceedings before final judgment.

"I am personally in favor of deletion of Article 336a of the Criminal Code and the working group will consider that possibility," said the State Secretary of the Justice Ministry Danilo Nikolic, adding that deciding on the disputable article was not urgent because nobody has been convicted or been on trial since it was adopted.

"We have to take care of the presumption of innocence, because commenting on court proceedings before the verdict could lead to the breach of the presumption of innocence and compromise the independence of the court, "said the State Secretary Nikolic.

Contrary to the opinion of the State Secretary, lawyer Zdenko Tomanović said that the principle of the presumption of innocence and independence of the court are only "excuses" for repealing the disputable article of the Criminal Code.

"This article is deleted as to prevent criticism to the court. The court is a public institution and it is legitimate to criticize it" - Tomanovic said, adding that creators of the law could have better protected and defined the principle of presumption of innocence and the court's independence.

Deletion of the crime of slander and libel from the Criminal Code is also among topics discussed by the working group of the Ministry of Justice, but according to Nikolic, it will be remained in the Criminal Code.

"When it comes to libel and slander, we introduce a new term and that is acquitting journalist if the principle of due diligence of Information Law was respected," Nikolic said, adding that none of the countries of Western Europe did not decriminalize libel.

Tomanovic said that the new term was a major step forward, as journalist does not receive a criminal records, but that there was no reason not to decriminalize defamation.