HRA considers the proposal to reintroduce Defamation and Insult as criminal offences irrational, considering the fact that the current Montenegrin civil law provides sufficient instruments for ensuring protection of individual rights.
HRA reminds that reintroduction of the right of a person to file a criminal charge, in addition to a civil lawsuit for indemnification for the publication of inaccurate or offensive information has been proposed, which in case it is adopted would oblige the defendant to pay a special penalty to the state budget. This provides an additional, double punishment and nothing else.
Although unfortunately especially daily Informer regularly publishes unauthorized – illegal content, reintroduction of these offences is not an appropriate and necessary response to this – just like some new horrible murder cannot justify the request for reintroduction of death penalty.
The fact that Defamation no longer exists as a criminal offence in Montenegro does not mean absolution of responsibility for deliberate placement of lies, insults or other irresponsible informing which is not of public interest. There are no sanctions for these adverse events in civil proceedings in the form of temporary and permanent injunction against publication, indemnification and publication of the judgment or corrections or anything else which would enable achieving the purpose of indemnification. HRA emphasizes that the court can prohibit publication of disputed content (Article 151 of the Law on Obligations) in civil proceedings for the protection of personal integrity, in the same way as it could be done in a criminal proceeding, by a private lawsuit.
HRA reminds that 22 organizations and individuals advocated for decriminalisation of Defamation and Insult, and that all international organizations that monitor human rights in Montenegro welcomed this decriminalization. Reintroducing these offenses would mean lowering the previously achieved level of respect for human rights to freedom of expression.
Regarding the proposal submitted to the Parliament of Montenegro for the re-criminalization of Defamation and Insult, HRA representatives asked for permission to attend meetings of the relevant committees at which this proposal will be discussed, in order to contribute to the perception of the consequences of reintroducing these crimes.
