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Coordinating- editor Media Azi
While in other countries the conscience clause defends the journalists, the term is not used very often in Moldova and practically remains out of the legal framework. But its meaning is present in this profession and resonates with the Deontology Code of the Journalist. The conscience clause represents a journalist’s right to say NO to interferences from the editorial office or from outside, when it runs against his beliefs and convictions. There is a law in France, enacted in 1935 which entitles the journalists to refuse writing something that runs against their conscience. The French labor code expressly provides the conscience clause in the Article 761- 7, which gives the journalists the right to compensation if a publication ceases its activity or the employer decides to assign the media outlet (or changes its editorial direction ), causing material or reputation damage to the journalist. The same clause is provided by the legislation of UK, Italy and other European countries.
In the Republic of Moldova, the conscience clause term is mentioned only by the Deontology Code of the Journalist. Here is a quote from the paragraph called : Conscience clause and censorship: 2.14 The journalist is entitled to refuse and publicly denounce any kind of censorship. The actions of the hierarchy superiors from the editorial office are not considered to be censorship, if they have professional grounds; 2.15. The journalist is entitled to refuse any kind of professional task which violates the legislation and the principles herein. Article 20 of the Media Law provides the right of the journalist to: ” g) to refuse preparing and signing of any material that runs against his convictions; h) to withdraw his signature from any material, the content of which, according to his opinion, has been distorted during the editing process”. But as long as the law does not provide any penalties in case of violation of these provisions, they are nothing but statements.
The following paragraphs present some arguments in favor of the introduction of the conscience clause in the labor law, in relation to journalism.
THE FIRST ARGUMENT is related to the events occurring on the information market, which is increasingly dynamic. For instance, the transfer of a media outlet from one owner to another is often marked by changes in its editorial policy. Unfortunately, in the Republic of Moldova such sale - purchase of media assets are conducted without prior consultation of the editorial teams. As a result, the journalist can find himself in a completely different boat, which usually goes another way. Of course, you can simply quit that publication/TV channel which does not rely any more on the principles to which you first agreed when you were hired, and there are some examples of this type of collective resignation in our media. If the legislation would include the conscience clause, the employee would be obliged to observe it, and the limitation of the journalist’s freedom of conscience would be punished under the law.
THE SECOND ARGUMENT: The current individual employment contract signed by the journalist with his employer is too general and does not take into consideration the freedom of conscience. Nowadays, the contract template drafted by the Government, the employers' association and the trade union and recommended at national level by the collective agreement No 4, provides in point 18, some specific clauses ( if the parties have agreed), such as: ”mobility, confidentiality, other clauses which do not violate the legislation in force”. Since the clause is not provided by the labor code, the individual employment contract does not provide it either. Such a document could be anytime quoted in the court, and, by the way, not only by journalists, but by the employers as well, in possible disputes between the two parties. Therefore, the conscience clause could mean a guarantee of correctness both for the journalist and the employer.
THE THIRD ARGUMENT: The Munich Charter. A strong argument in favor of introducing the conscience clause into the domestic legislation is the Declaration of the Duties and Rights of Journalists, called the Munich Charter. All the rights provided by this Charter rely on the freedom of conscience. According to this international document , ” the journalist is entitled to refuse any kind of subordination, which does not comply with the general policy of the information body he cooperates with, as set forth in written form by the employment contract, as well as any kind of subordination that is not clearly provided in the general policy: ” the journalist cannot be forced to accomplish a professional task or to express an opinion against his conviction or conscience”.
The journalists should acknowledge the need of the conscience clause and promote this concept more actively. In the conditions of the Republic of Moldova, where the politicians get more and more often involved in the media activity, and the real owners of mass- media institutions hide in off- shore areas, the conscience clause would help the press representatives defend their own professional opinion and refuse to write materials that run against their own conscience.
The article was published within the Advocacy Campaigns Aimed at Improving Transparency of Media Ownership, Access to Information and promotion of EU values and integration project, implemented by the IJC, which is, in its turn, part of the Moldova Partnerships for Sustainable Civil Society project, implemented by FHI 360.
This article is made possible by the generous support of the American people through the United States Agency for International Development (USAID). The content are the responsibility of author and do not necessarily reflect the views of USAID or the United States Government.
