Proposed Reform of Liability for Breach of Honour and Reputation in Montenegro
25/12/201025/01/2011 Proposal of amendments to the Draft Action Plan for Monitoring the Implementation of Recommendations from the Opinion of the European Commission
25/01/201114/01/2011 Press release regarding the announcement of full decriminalization of insult and defamation and development of the Draft Action Plan of the Government for implementation of recommendations of the European Commission
Human Rights Action welcomes the complete decriminalization of defamation announced by the Minister of Justice, Mr. Dusko Markovic. Such a solution would position Montenegro at the very top states in terms of normative guarantees of freedom of expression in the field of criminal liability. However, in order to insure the implementation of European standards, freedom of expression and privacy protection in the area of civil liability, too, for violation of honor and reputation in Montenegro, HRA insists on deleting the constitutional guarantee of compensation for publishing false information and amending the Media Law.
We also welcome the drafting of the Government Action Plan for implementation of recommendations of the European Commission and organization of public debate on the Draft in which we will actively participate. We are positively surprised that the Action Plan provides for the amendments to the Constitution in order to strengthen the guarantees of judicial independence, which was proposed by HRA in 2007, and the objectification of the criteria for evaluation of judges in the selection, promotion, and establishing liability, proposed by HRA in December 2008. We hope that cooperation between the Government and NGOs shall take effect in practice and that all civil resources of Montenegro shall be respected and used to strengthen the rule of law, democracy, and therefore faster admission into the European Union.
We are at all times ready to cooperate with everyone in order to meet the recommendations of the European Commission. Our experience clearly shows that it is in the national interest for the Government to promptly and seriously take criticism and suggestions of domestic civil society, before the same is recommended by the European Union.