Document type
Legislation
Country
(1) This law regulates inter alia the freedom to gather, publish and receive information, freedom to form and express ideas and opinions, as well as freedom of sharing information and ideas through the internet and other platforms.
(2) Article 29, par. 1 defines media as a means of public information which by words, images or sound transmits edited information, ideas and opinions and other sort of content intended for public distribution and to an unspecified number of users.
(3) According to Article 30, par. 2, miscellaneous online platforms - such as internet forums, social networks, and other platforms which enable free exchange of information, ideas and opinions - or any other individual electronic publication - such as blogs, web presentations, and similar electronic presentation - do not qualify as media under this law, unless they are registered with the Media Register. Therefore, apparently, this law would apply to online intermediaries only under these narrow circumstances.
(4) According to Article 59, upon the request of a Public Prosecutor, the Court can block the distribution of information or other media content if this is necessary in democratic society and if information refers to:
- an act of direct violent overthrow of the constitutional order;
- an act of direct violence towards a person or a group of persons due to their race, nationality, political views, religion, sexual preferences, invalidity, or any other personal characteristics, if by publishing such information there is a direct, imminent, serious and irreparable harm, whose occurrence cannot be prevented in any other way.
(5) Article 75 specifically provides for the prevention of hate speech by stating that ideas, opinions, or information published in media, must not encourage discrimination, hate or violence against any person or group of persons due to their race or not belonging to certain race, religion, nation, gender, sexual preferences, or any other personal characteristic, irrespective of whether by publishing such information a criminal offence has been committed or not
(6) However, Article 76 provides that there is no breach of Article 75, if the information allegedly violating Article 75 is a part of a journalistic article and has been published:
- without an intention to encourage discrimination, hate or violence against person or a group of persons, especially if such information is a part of an objective journalistic report;
- with an intention to critically expose discrimination, hate or violence against a person or a group of persons, or to expose statements that represent or might represent an encouragement to such behavior.
(7) Finally, the law emphasizes special protections of juveniles, so that media content must not harm their moral, intellectual, emotional, and social development.
Country
Year
2014
Topic, claim, or defense
Child Protection (Includes Child Pornography)
Hate Speech
Public Order (Includes National Security)
Freedom of Expression
Document type
Legislation
Issuing entity
Legislative Branch
Type of service provider
General or Non-Specified
OSP obligation considered
Block or Remove
Type of law
Civil
General effect on immunity
Mixed/Neutral/Unclear