OSCE Media Representative and Council of Europe call on Russia to reconsider legislation on libel

VIENNA, 29 August 2003 - Freimut Duve, OSCE Representative on Freedom of the Media, and Walter Schwimmer, Secretary General of the Council of Europe, today made the following joint statement regarding the recent sentencing of Russian journalist German Galkin to one year's imprisonment with hard labour for libelling regional officials from the city of Cheliabinsk:

"We are deeply concerned that Mr Galkin has received such a severe sentence, unprecedented since 1991, as this may have a serious chilling effect on freedom of expression and information and freedom of the media in the Russian Federation. We are all the more concerned that the full and unhindered exercise of these freedoms will be essential in the run up to the forthcoming parliamentary elections which are due to take place in the Russian Federation in December 2003, as well as the presidential elections at the beginning of 2004.

"We believe it to be of vital importance that all relevant authorities in the Russian Federation ensure respect for these basic freedoms in accordance with the pertinent international standards, as enshrined in particular in Article 10 of the European Convention on Human Rights, to which the Russian Federation is a Party. While acknowledging that journalists must act in a responsible manner and refrain from defaming people, we would like to particularly underline the fundamental principle of proportionality of restrictions or sanctions which the European Court of Human Rights has repeatedly emphasized.

"We would also like to recall that in a democracy, reporting on the activities of public servants is part of journalists' professional duties and that public officials need to exercise a greater level of tolerance towards criticism than ordinary citizens.

"We call on the Russian authorities to review Mr Galkin's case and in general to reconsider the provisions concerning libel contained in the Russian criminal code in the light of the above standards taking all appropriate measures which may be necessary to align these provisions and their implementation with these standards."