RIGHTS: Czech Govt Chokes Media

• by Pavol Stracansky (prague)
• Tuesday, April 14, 2009
• Inter Press Service

Journalists could be jailed for up to five years and face fines of hundreds of thousands of euros if they break the new law, which bans the publication of police wiretappings and the naming of victims of crimes.

Czech journalists have dubbed the legislation the 'muzzle law', and some say they fear investigative reporting could become a thing of the past at some media.

Miroslav Jelinek, head of the Czech Syndicate of Journalists, told IPS: 'It will really make things complicated for investigative journalists. The law has just come into effect and we will have to see how the media reacts. But there is a question whether or not it will stop, or hinder, investigative journalism at some news organisations.'

The law, which came into effect at the start of this month, has been condemned by international media groups and watchdogs, including the European Newspaper Publishers' Association (ENPA) and Reporters Without Frontiers.

And last weekend Czech daily newspapers published an open letter to visiting U.S. President Barack Obama in protest at the new law in which they said: 'Welcome to a country that has introduced unprecedented punishments...for the publication of true information. It is sad that such a strong restriction of the freedom of speech and right to information took effect in a year when central Europe celebrates 20 years of its return to democracy. We want to highlight this fact and trigger a discussion on the necessity of freedom of speech, whose importance exceeds national borders and which is one of the core values of the western civilisation.'

Many journalists have claimed the law was introduced by politicians keen to stop information about alleged links between themselves and criminals, or corruption scandals being released to the public.

The law was proposed after media published transcripts of secret police recordings taken during investigations into alleged links between politicians and crime gangs.

Michal Klima, Czech representative at the World Association of Newspapers, told Radio Prague: 'It started because there were criminal cases where politicians were somehow involved. These cases were investigated for a long time. And because the police investigators were influenced by some politicians not to hurry the investigation, or maybe to stop it, they probably gave some information to journalists to create some public pressure. So this is the response from politicians. It is a real danger to the freedom of the press.'

But members of parliament who backed the legislation, including the man who first proposed it, MP for the ruling right centre party ODS (Civic Democrats) Marek Benda, claim that it will protect victims of crime.

Czech President Vaclav Klaus has refused to veto the law. He told local media that he would not side with a 'sensation-hungry media', and that publishing information from police wire taps 'prior to the conclusion of legal proceedings significantly infringes on the rights of innocent citizens' by potentially making their names public.

Jelinek from the Czech Syndicate of Journalists dismisses such claims. 'The law is completely unnecessary because the things that it is supposed to protect - victims' identities for instance - are already protected in other laws.'

The worst part of the new legislation, he said, was the 'draconian' punishments for breaking it.

'The punishments for breaking this law are unbelievable. A sentence of five years is nonsense in comparison to some other sentences. Someone can get a maximum of three years in prison for something as serious as killing someone in certain circumstances, yet a journalist can go to prison for much longer because of this law.

'And the financial penalty of 175,000 Euros is horrendous,' he told IPS.

The introduction of the law has struck a chord with journalists in neighbouring Slovakia who have thrown their weight behind their Czech colleagues' protests.

Last year the Slovak coalition government led by the centre-left Smer party brought in a controversial new law forcing newspapers and other publications to print responses by people or institutions to any news story in which they were named, even if the published information was true and accurate.

National newspapers bitterly opposed the law - which was also attacked by the Organisation for Security and Cooperation in Europe (OSCE) - as a threat to the freedom of the press, and claimed it would send some publications into liquidation and stifle critical reporting of public figures.

The legislation was passed despite their protests.

In a statement Apr. 7 the Slovak Syndicate of Journalists said it supported Czech media, describing the law as setting up 'a serious obstacle to journalists who want to continue with investigative journalism' as well as threatening 'the performance of their profession, and provoking fear.'

Czech media groups are hoping they can overturn the law after gathering the support of 17 members of the Czech senate - the upper house of parliament - needed to lodge a formal complaint with the Czech Constitutional Court.

'We will take our fight all the way to the Czech Constitutional Court. We must,' Jelinek told IPS.

© Inter Press Service (2009) — All Rights ReservedOriginal source: Inter Press Service

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