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LAW OF THE REPUBLIC OF MOLDOVA

of April 23, 2010 No. 64

About freedom of expression of opinion

(as amended on 23-04-2021)

The parliament adopts this organic law.

Chapter I. General provisions

Article 1. Purpose and scope of the law

(1) This law aims to guarantee implementation of right to liberty of expression of opinion, and also balance between ensuring right to liberty of expression of opinion and protection of honor, advantage, goodwill of person, its private and family life.

(2) This law does not regulate the legal relationship connected with information access, provision of the right to the answer to competitors on elections to the period of the election campaign, protection of copyright and related rights.

Article 2. Basic concepts

In this law terms and expressions are used in the following value:

defamation - distribution of the false information discrediting honor, advantage and/or goodwill of person;

distribution of information - information transfer to other persons (at least to one, in addition to the most slandered, to person);

information - any approval about the fact, opinion or the idea in text, sound and/or visual form;

the fact - the event, process or the phenomenon which were occurring or taking place in the specific place and in certain time which reliability can be proved;

value judgment - the opinion, the comment, the theory or the idea reflecting the relation to any fact which reliability is unprovable;

the value judgment which does not have under itself sufficient actual basis, - the value judgment which is based on the facts which were not taking place or at least and taking place, but distorted to unrecognizability;

insult - the oral, written or nonverbal expression which intentionally is degrading person and not meeting the commonly accepted standards of behavior in democratic society;

censorship - unreasonable misstatement of journalistic material management of mass media or unreasonable prohibition of distribution of any information by it; any actions of the public authorities or persons performing public functions for intervention in editorial activities of mass media or its workers or on hindrance to replication or distribution of information;

information on private and family life - any information, including images, about family and house life, correspondence and its content, health and physical defects, sexual orientation and intimate relations, and also about behavior of person in conditions when it reasonably expects privacy;

public interest - interest of society (but not net narrow-minded curiosity) to the events relating to implementation of the public power in the democratic state or to other questions which are naturally drawing attention of society or its part;

person performing public functions - the physical person performing the state powers of authority (executive, legislative or judicial), or the legal entity rendering socially useful services, or the physical person performing management of the legal entity rendering socially useful services or its division;

public figure - person performing public functions or the other person who owing to the social status or provision or other circumstances attracts to itself public interest;

the document of the public power - the act issued by the public power or person performing the state powers of authority;

the official report of the public power - the message promulgated by the public power or from her name person performing the state powers of authority;

mass media - printing or electronic mass media, and also the journalist;

journalistic investigation - reasonable studying of the facts by mass media for the purpose of preparation of journalistic material;

the amendment - voluntary, on own initiative or on demand, correction of incorrectly provided facts;

confutation - confutation of the discrediting approvals about the facts untrue;

the answer - the answer of the restrained person to the opinions expressed in the material spread by mass media;

apologies - the statement which person expresses the regret concerning the caused insult or spread information about private and family life;

appeal to hatred - any statements causing, propagandizing, supporting or justifying racial hatred, xenophobia, anti-Semitism or other forms of hatred based on intolerance.

Article 3. Freedom of expression of opinion

(1) Everyone has right to liberty of expression of the opinion. This right includes freedom to look for, receive and report the facts and the ideas.

(2) Freedom of expression of opinion protects both content, and form of expression of the information including offending, shocking or disturbing.

(3) Implementation of freedom of expression of opinion can be integrated to the certain restrictions provided by the law and necessary in democratic society for the benefit of homeland security, territorial integrity or public tranquility, for the purpose of prevention of conflicts and crimes, protection of health and morality, protection of reputation or the rights of other persons, prevention of disclosure of information obtained confidentially or ensuring authority and impartiality of justice.

(4) Restriction of freedom of expression of opinion is allowed only for protection of the legitimate interests provided by part (3) and only on condition that restriction is proportional to the situation which caused it, when preserving fair balance between the protected interests and freedom of expression of opinion, and also in case of observance of the right of the public to receipt of information.

(4-1) Voided according to the Law of the Republic of Moldova of 14.05.2015 No. 95

(4-2) According to part (3) distribution and/or public use of fascist, racist or xenophobic symbolics, promotion and/or use in political goals of fascist symbolics are forbidden, and also promotion of fascist, racist or xenophobic ideologies and/or denial of the Holocaust - actions concerning which sanctions according to the current legislation are provided.

(5) Guarantees of freedom of expression of opinion do not extend to appeals to hatred or violence.

Article 4. Freedom of mass media in opinion expression

(1) the State guarantees freedom of mass media in opinion expression. Nobody can prohibit or interfere with mass media to distribute information which is of public interest, differently as according to the law.

(2) Mass media are urged to inform the public on the questions which are of public interest and to make journalistic investigations according to the responsibility.

(3) In addition to guarantees, stipulated in Article 3, freedom of mass media in expression of opinion allows certain exaggeration, even provocations provided that the being of the facts is not distorted.

Article 5. Prohibition of censorship in mass media

(1) Editorial independence of mass media is recognized and guaranteed by the law. Censorship is forbidden.

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