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The topic was discussed in the context of the Government’s approval of the draft law that the online community had been calling “the Big Brother law.” According to several journalists, media experts, and Internet providers, if this law is adopted by the Parliament, it will allow “reading emails and other text message services” (e.g. Viber, Telegram, Skype, WhatsApp). At the same time, modifications to article 2471 of the Contraventions Code of Moldova will oblige Internet providers to filter and archive the traffic that goes through their networks and to block the IP addresses of the servers that store various web pages.
“I have one question: When the Government proposed the draft law in 2016, did they take into consideration civil society’s recommendations?” asked Nadine Gogu, executive director of the Independent Journalism Center. It should be mentioned that a year ago, when the draft law was at the stage of discussions, media NGOs drew its authors’ attention to the fact that some provisions should be improved so as not to admit censorship in the Internet and violation of the law on freedom of expression. However, civil society proposals were neglected.
“We have been for years discussing certain issues, acknowledging, notifying, taking note of them, making statements, finding problems, making recommendations, suggestions, sending them to decision makers, authorities, and then the same papers come back, without being worked on or considered. I believe it is a problem, because in these conditions we, the civil society, feel sometimes useless, as if our efforts were in limbo,” Nadine Gogu said. She underlined that the draft law contains some provisions that leave room for interpretation and might affect the media – the Internet, the operation of some online outlets, web portals. “We must do something for them to be excluded,” Nadine Gogu added.
Representatives of the Ministry of Internal Affairs – head of the legal department of the General Police Inspectorate Sergiu Turcanu and investigator of the Center for Combating Cybercrime Veaceslav Badarau – brought to the discussion the arguments that had already been presented at a press conference that was also organized on Monday. Ministry officials did not agree with harsh criticism against the draft law, claiming that the media presented information in a wrong manner. According to them, the draft law aims to fight child pornography. Websites will be supervised, social networks and applications will be monitored and searched only if authorized by the court and only in case of criminal investigation. And the new provisions of the law on cybercrime will extend only to persons suspected of very serious violations of this law, Sergiu Turcanu and Veaceslav Badarau underlined.
Another guest of the debates, StarNet company representative Alexei Muntean, spoke about the economic consequences of the draft law: “We agree with the moral aspects of the problem. But I should remind you that we already pay for it, we are large VAT payers… Every time you invent something new, businesses have to pay. Dear State, I can’t pay for every invention!” Muntean said. According to him, when such documents are developed, business representatives should also participate in debates.
Several organizations – the Circulations and Internet Audit Office, StarNet, Interact Media (Agora, EA.md), Miraza (UNIMEDIA), youth news site #diez, Privesc.EU, Ziarul Național newspaper, Center of Journalistic Investigations and Anticoruptie.md, the Independent Journalism Center – signed a declaration last week, demanding exclusion from the draft law of articles that allow blocking of websites, verification of emails, text messages, and oblige operators to store users’ data.
