Media laws at Monaco
Monaco, a sovereign city-state, has its own legal system, but it is heavily influenced by French civil law. This is also true for its media laws. While the Principality guarantees freedom of expression, it does have specific limitations, particularly concerning the ruling family.
Here's a breakdown of the key aspects of media laws in Monaco:
1. Constitutional Basis and Freedom of Expression:
Article 23 of the Monegasque Constitution (1962): This article guarantees freedom of expression. In practice, the government generally respects this right.
Limitations on Criticizing the Ruling Family: A significant exception is the prohibition by law to publicly denounce or offend the Prince and his family.
Monégasque Penal Code (Articles 58 and 59): These articles criminalize publicly offending the Prince, with potential penalties ranging from six months to five years in prison. Offending the Prince's family carries slightly lower, but still significant, penalties. While rarely enforced with imprisonment, these laws lead to self-censorship among local media.
2. Key Laws Governing Media Content and Conduct:
Law of 15 July 2005 on Public Freedom of Expression: This law is crucial for defining and penalizing various offenses related to public expression, including:
Defamation (Art. 24) and Insult (Art. 25): These are criminal offenses in Monaco.
Defamation: Defined as the allegation or imputation of a fact that harms a person's honor or good name. Penalties can include imprisonment and/or fines, particularly if committed against public officials, elected members, or religious ministers.
Insult: Any insulting or denigrating expression that doesn't involve a factual imputation.
Right of Reply: Individuals typically have a right to reply to statements made about them in the media, ensuring balance and accuracy.
Jurisdiction in Cross-Border Defamation: Monegasque law allows for direct private prosecution of defamation claims. Recent court rulings have clarified that while internet publications accessible from Monaco can fall under its jurisdiction, the content must have been "intended for the Monegasque population in particular," discouraging "forum shopping" (choosing a favorable jurisdiction).
Privacy Rights:
Article 22 of the Monegasque Constitution: Protects the right to privacy and the secrecy of correspondence.
Data Protection Law No. 1.565 of December 3, 2024 (the "DPL"): This is a significant recent update, modernizing Monaco's data protection legislation to align with high European standards, including principles from the EU's GDPR and the Council of Europe's Convention 108. Key features include:
Establishment of a new personal data protection authority (APDP) replacing the previous CCIN.
Strengthening individual rights, especially for minors.
Increased responsibility for data processors.
Clearer framework for cross-border data transfers and increased sanctions (up to €10 million in administrative fines). This law significantly impacts how media outlets handle personal data of individuals.
3. Broadcasting and Telecommunications Regulation:
Monaco Média Diffusion (MMD): This entity is the exclusive licensee for broadcast radio and DTTV (Digital Terrestrial Television) on frequencies allocated to the Principality by the ITU (International Telecommunication Union). MMD broadcasts on various platforms (DAB+, FM, LW, MW).
Government Oversight: Due to Monaco's status as a constitutional monarchy, the Government generally decides media policy under royal authority. MMD has considerable autonomy in determining which radio stations it broadcasts, but for DTTV, the Government contracts licensing agreements with TV media before MMD broadcasts them.
Internet Freedom: The internet is widely available and generally unrestricted in Monaco, with no reports of government censorship or monitoring of private online communications without legal authority.
4. Media Landscape:
Monaco does not have daily newspapers. French dailies covering Monaco news are available.
There are two main domestic weekly newspapers: the government-produced Journal de Monaco (the official journal for legislation and regulations) and Monaco Hebdo.
Broadcasting includes the government-run television station (Télé Monte-Carlo), the privately owned English-language Riviera Radio, and the government-run Radio Monte-Carlo (broadcasting in multiple languages).
In summary: Monaco's media laws are characterized by constitutional guarantees of freedom of expression, tempered by specific prohibitions on criticizing the ruling family. There are clear laws against defamation and insult. Recent legislative changes have significantly strengthened data protection, bringing Monaco's standards in line with leading European practices. Broadcasting and telecommunications are regulated, with Monaco Média Diffusion playing a key role as the exclusive licensee for broadcast frequencies.
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