Human Rights Action (HRA) welcomes the Government’s decision not to support the proposal for reintroducing criminal offences of Defamation and Insult. This is a responsible step, especially noting the imprecise wording of definitions of these offences that allow restriction of freedom of expression contrary to the European standards.
HRA urges the Government to follow this logic and reconsider the HRA proposal from 2010 to also decriminalize the remaining criminal acts against honour and reputation from Chapter XVII of the Criminal Code of Montenegro: “Stating details from personal and family life”, “Damaging the reputation of Montenegro”, “Damaging the reputation of people, minorities and minority groups”, “Damaging the reputation of a foreign country or international organization”.
HRA believes that all the alleged acts represent undue and unnecessary risk for freedom of expression in Montenegro, as they do not adequately protect the right to privacy (especially the offence “Spreading details from private and family life”), and do not have much sense in the presence of other offenses, such as “Inciting national, racial and religious hatred”. Detailed reasons for decriminalization of the remaining criminal offenses under Chapter XVII of the Criminal Code are available in the HRA’s Proposed Reform of Liability for Breach of Honour and Reputation in Montenegro from November 2010, available at: https://www.hraction.org/wp-content/uploads/predlog_reforme-zakon_o_kleveti_i_uvredi.pdf.
