Journalistic freedom: Tiraspol Times staff weighing options after Moldovan gag law

Illegal: On 5 June '08, Moldova passed a law banning newspapers that could be construed as a call to "territorial separatism"

TIRASPOL (Tiraspol Times) - In response to the just-passed Moldovan law banning newspapers with favorable coverage of Transdniestria, staff at The Tiraspol Times & Weekly Review has suspended publication while seeking legal advice and evaluating the possible risks of prosecution of individual journalists.

On 5 June 2008, Moldova's Parliament passed a law banning all publications whose content could be construed as a call to "territorial separatism."

Under its new powers, Moldova's regime can now forcibly close down publications and can also individually prosecute journalists who do not comply. As a member of Interpol, Moldova can also use its powers to issue international arrest warrants for journalists who fail to appear in court in Chisinau, the Moldovan capital, when summoned.

Journalists working with The Tiraspol Times & Weekly Review are taking a "wait and see" position on the new media restrictions, in order to determine if and when Moldova will enforce the sweeping crackdowns.

" - At first only the senior journalists may be targeted and arrested if and when these laws are enforced," says Des Grant, a founder and co-publisher of The Tiraspol Times & Weekly Review. Grant, a long-time journalist who has previously written for some of Britain's largest newspapers, is now a newspaper publisher in Ireland but has also worked at the European Union in Brussels during part of his career in journalism.

" - It seems that Moldova lost the military war to take over Transnistria. Then it lost the diplomatic war. Then it lost the economic war. And now that it is facing defeat in what it terms the 'information war,' it responds with its last weapon: 'jail the journalists.' So sweeping is the law that if any Moldovan journalist writes a line that supports Transnistria's position then he or she can be prosecuted," says Des Grant.

" - It is a dark and scary day for all journalists in Moldova and Transnistria," the Irish newspaper publisher adds.

London's advice: "If in doubt, get out"

The London-based Institute for War & Peace Reporting (IWPR) is one of the organizations covering press freedom in conflict areas and the author of "Reporting for Change: A Handbook for Local Journalists in Crisis Areas" which is referenced by The Tiraspol Times. The book, which appears on the newspaper's 'New writers'-page, is a practical, hands-on manual to help local journalists contribute to positive change in societies undergoing major crises due to internal or external pressures. Among other things, it covers journalism safety and the IWPR advice is to "never put the story above personal safety," adding that "the golden rule is: If in doubt, get out."

This, today, is what the newspaper's core staff is contemplating. Jason Cooper, who has been with The Tiraspol Times since 2006, says that it is no longer possible to keep reporting the point of view of the authorities in Tiraspol fairly and accurately without breaking the new media gag law in Moldova.

Jason Cooper: "Either we are forced to break the law and we can be prosecuted, or else we must automatically enforce censorship that results in one-sided, unbalanced news coverage. I don't know very many journalists who can morally and ethically do their job under circumstances like these."

" - Either we are forced to break the law and we can be prosecuted, or else we must automatically enforce censorship that results in one-sided, unbalanced news coverage. I don't know very many journalists who can morally and ethically do their job under under circumstances like these," says Jason Cooper.

" - Moldova can easily accuse anyone of us of breaking the law simply for writing any sort of article that is even mildly positive of what the separate and independent government in Transdniestria is doing. To say that someone is writing is support of 'territorial separatism' is basically a nebulous thought-crime — and as soon as even a single article of mine could be construed as such by the drafters of the Moldovan gag law, then accordingly it can also be acted upon by Moldovan prosecutors issuing an arrest warrant," says Cooper. "So much for the open exchange of different political views..."

"Sandwich"-strategy hides media ban

Des Grant of The Tiraspol Times calls it "very clever and conceited" how the Moldovans "put the key issue into the legislation."

The law passed by Moldova's Parliament on 5 June 2008 specifically prohibits any publication:

"which contains libel against the State and the people, calls to war or aggression, to ethnic, racial or religious hatred, instigates to discrimination, to territorial separatism, to public violence, as well as other encroachments on the constitutional order."

Des Grant: "Now Moldova responds with its last weapon: 'jail the journalists.' So sweeping is the law that if any Moldovan journalist writes a line that supports Transnistria's position then he or she can be prosecuted. It is a dark and scary day for all journalists in Moldova and Transnistria."

Grant says that this "is called 'sandwiching'.....putting the meat in the middle and hiding the real substance between legitimate concerns."

" - It would be a bit like the white South African government issuing a law stating that: 'Acts of gross violence, rape, murder, racial protest, and terrorist sabotage will result in incarceration without trial.' The 'racial protests' (for instance, against apartheid) being mingled with the serious crimes. This way, it stops all street protest because to a fair-minded person, at a glance, the legislation looks justified and reasonable," he says.

" - However, any student of journalism can pick the 'sandwiched' issue here in Moldova's case. It is 'territorial separatism.' In other words, any legitimate journalist who reports on the political situation of Transnistria can expect the same treatment as those sick internet bloggers that write promoting racism or religious hatred."

Legal uncertainties over land, jurisdiction

Moldova's legal position is that Transdniestria (Pridnestrovie) is part of Moldova. However, Transdniestria declared independence in 1990, one year before the Republic of Moldova was founded, and has never at any time in history been part of any independent Moldovan state. It was formerly part of Russia, Ukraine and the Soviet Union, and was merged by Stalin with Moldova in 1940 in an act which Moldova itself later decried as being illegal.

The Republic of Moldova has no influence or government authority within the borders of Transdniestria, which is ruled by its own separate constitution, presidency and parliament. Nevertheless, Moldova's territorial claim and the pretensions of authority over the area has led Moldova to issue Interpol arrest warrants against a number of Transdniestrians. It also arrested and jailed Moldova's bête noire Igor Smirnov, democratically elected as Transdniestria's President, for "promoting separatism." Later it had to free him after several weeks of strong protests by Transdniestrian women.

Igor Smirnov has already been arrested by Moldova for "anti constitutional" activities in the past and was locked away in a Chisinau jail cell until protests from female residents got him freed. His crime was to ask for a vote to be held and let the inhabitants decide their own future in a democratic referendum.

What Moldova considers an encroachment of its "territorial integrity" (albeit over land that it has never had any control of) is seen in Transdniestria as irredentism, or Moldovan expansion against the democratic will of the majority of the area's residents. Transdniestria's 550,000 inhabitants have voted in referendums to support independence and the establishment of a separate, sovereign state.

No international court of law has yet ruled on the issue, so at the current time it is Moldova's words against Transdniestria's. This creates legal uncertainties over the area and establishes an uncertain legal situation where foreign courts may be inclined to allow Moldovan laws to have effect over journalists working in Transdniestria.

The Tiraspol Times covers the news from Tiraspol's point of view, but has also repeatedly given space to coverage and interviews of leading Moldovan politicians as well as the situation in Moldova. Now, it is no longer possible to report both sides of the issue without breaking Moldovan law.

" - Today, unless you support Moldova's territorial expansion or what it terms 're-integration' of Transnistria into Moldova, you can be taken before the courts. This 'sandwiching' law is a gross violation of press freedom," believes Des Grant.

See also:
» Moldova outlaws Tiraspol Times; others

Opinion and commentary:
» New media control laws