Moldovan Constitutional Court recognises anti – propaganda law as constitutional

Chisinau, 04 June /MOLDPRES/ – The Constitutional Court has acknowledged as constitutional the latest amendment to the Broadcasting Code regarding the provision of information security for the state.

The case was filed by the President of the Republic of Moldova, Igor Dodon. He claimed that the law prohibiting broadcasters and distributors of mass information services from transmitting informational, informative, analytical, military and political content programs produced in countries other than those that have ratified the European Convention on Transfrontier Television is contrary to Articles 31, 32, 34 and 54 of the Constitution.

Following the examination of the referral, the Court held that the contested provisions could help counter hostile information operations against the Republic of Moldova and ensure that its citizens are properly informed.

The Court has found that those purposes may be subsumed for at least the following general legitimate aims under Article 54 (2) of the Constitution: ensuring national security and protecting the rights of others.

The Court found that, since Parliament refers to the issue of the fight with foreign propaganda, the issue of the effectiveness of the restrictions laid down in the contested law may arise as long as access to the programs of the broadcasters in the States in question through the Internet is open. Thus, the Court held that it is not unreasonable to apply the ban only to radio and television programs, as these programs remain the most influential source of communication of ideas in the Republic of Moldova in 2018.

The Court has given weight to parliamentary debates on the need for such a general measure. The Court also considered it important that the ban is limited to broadcasting informational, informational, analytical, military and political radio programs that are not produced in the Member States of the European Union, the United States of America, Canada or the states that have ratified the European Convention on Transfrontier Television. It does not cover other types of programs.

The Court had no reason to believe that the impact of the prohibition at issue in the present case amounts to disproportionate interference with the freedom of expression or the right of access to such information.

Starting from the above mentioned, the Court rejected the notification of the President of the Republic of Moldova and acknowledged the constitutional Law no. 257 of December 22, 2017, regarding the completion of the Audiovisual Code of the Republic of Moldova.

This decision is final, can not be subject to any appeal, enters into force on the date of its adoption and is published in the Official Journal of the Republic of Moldova.

(Reporter A. Zara, editor A. Raileanu)