The Position of the Media NGO-s towards the Interrogation of the Media Representatives for Dissemination of Public Interest Information

The media non-governmental organisations expressed their concern about the interrogation of the journalist Mariana Rață, from www.anticoruptie.md investigation website, by a representative of the Prosecutor’s Office of Chisinau municipality. The hearing took place after Vladimir Botnari, the former Police Commissioner of Chisinau municipality, filed a penal complaint to the Prosecutor’s office, alleging that the journalist accessed and disseminated, without his consent, personal data related to himself and to his family’s members. To be noted that the law enforcement authorities shall decide, before 27^th of January 2017, if there are grounds for a criminal suit.
 
The former Police Commissioner states in his complaint that he has not held any public position since 2009, as he works in a private company, and requests “the investigation of the case and holding the person responsible for accessing and publishing the personal data of Botnari Vladimir, Botnari Maria and Alexa-Botnari Diana criminally liable under Article 177, paragraph 2 of the Criminal Code”. At the same time, he calls for prosecuting the persons responsible for accessing and publishing the personal data of all Botnari family members since October 2009 up to the present and for incriminating them under the same legal provisions.

The media NGO-s disapprove such a practice that is aimed at intimidating the journalists and is incompatible with the rule of law principles. According to the Press Law, the journalist has the right to obtain and to disseminate information. Moreover, the Law on Freedom of Speech provides that “everyone has the right to freedom of speech. This right includes the freedom to seek, to receive and impart facts and ideas” and “the mass-media have the task to inform the public about public interest issues and to conduct, in accordance with their responsibilities, journalistic investigations on public interest matters”.

We urge the Prosecutor’s Office of Chișinău not to admit the criminal prosecution against the journalist Mariana Rață, as such an action would be groundless and would not be compliant with the legal provisions on abridging the freedom of speech. At the same time, we call on the decision-makers not to limit the right of journalists to perform their task of informing the public.

Independent Journalism Center
Independent Press Association
Electronic Press Association
Centre for Journalistic Investigations
Association of Independent TV journalists
“Acces-Info” Centre