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Croa
tia's moderate rulers, who took over from nationalists in early
2000 pledging the country's transformation into a genuine European
democracy, inflicted a serious blow to media freedom with recent
changes of the penal code.
The Croatian Journalists' Association (HND) voiced its "grave
concern" on Wednesday with the changes of the penal code, adopted
by the parliament last week, saying that it harmed freedom of
speech by making media vulnerable to prosecution notably for
libel.
Croatian journalists could previously be acquitted of libel charges
if they could prove there was no intent to "harm the dignity and
reputation of an individual".
But the amended penal code undercuts that argument.
Now, a journalist charged with libel will have to prove that the
information published was either true, or that he or she had a
reason to believe that it was.
Libel could be punished with up to a one-year prison term.
The journalists' group said that other amendments to the penal code
were also worrying, including the criminalisation of an act, which
harms the reputation of judges, state prosecutors and public
notaries.
In other former communist countries keen to bring their legal
system in line with Western laws and legal practice, libel was
being decriminalised, it warned.
"Changes within Croatian legislation have the opposite tendencies,"
the association said.
"Even the biggest cynics could not have foreseen that the new
authorities will attack freedom of speech and freedom of media even
more severely and often starting from more retrograde premises than
the former rulers," Vesna Alaburic, a lawyer, wrote in a Jutarnji
List independent daily column earlier this week.
Alaburic also warned against a draft law on media describing it as
a "definite regression" compared with the current law and stressing
that it would "restrict media freedom".
As an example she cited a provision according to which the current
ban on publishing of state and military secrets would be extended
to "official, business, professional and other secrets".
In addition, an editor-in-chief would be held responsible for the
damage caused by the published information instead of a publisher,
which, Alaburic warned, could lead to self-censorship.
However, Prime Minister Ivica Racan hinted that the government
might consider changing disputed changes of the penal code, by
replacing jail terms with fines.
Until now Croatia has seen positive reforms regarding media freedom
since the center-left coalition took over from nationalists.
During the almost decade-long nationalist rule independent media,
which accused the authorities of trying to abuse them as a
political tool, faced a string of libel cases.
Media freedom is among the criteria that Zagreb has to meet in
order to advance its bid to join the European Union.
Croatia applied for EU membership in February and is hoping to join
the bloc, along with Bulgaria and Romania, in 2007. - Sapa-AFP.