Media laws at San Marino
San Marino's media laws are designed to uphold freedom of expression while ensuring journalistic responsibility and media pluralism. The legal framework has evolved to address modern media challenges, balancing state regulation with press freedom.
Constitutional and Legal Framework
Constitutional Protection: Article 21 of San Marino's Constitution guarantees freedom of speech, forming the foundation for media operations in the country.
Law No. 211/2014: Enacted on 5 December 2014, this law regulates the publishing of content and the profession of information professionals. It established the Consulta dell’Informazione (Information Consultation) and the Autorità per l’Avanzamento della Comunicazione (Authority for the Advancement of Communication), which oversee media operations and ensure compliance with ethical standards
Media Regulation and Oversight
Autorità per l’Avanzamento della Comunicazione: This regulatory body monitors both traditional and digital media, ensuring compliance with media laws. It has the authority to impose penalties for violations, ranging from fines to temporary suspensions of operations.
Media Pluralism: The law prohibits the establishment or maintenance of dominant positions in the publishing market that could harm pluralism. Measures include restrictions on the number of publications a single entity can control and limitations on advertising revenue concentration.
Press Freedom and Challenges
Criminal Defamation: Defamation remains a criminal offense under San Marino's Criminal Code, punishable by short-term detention or daily fines. This provision has raised concerns about potential self-censorship among journalists.
Access to Information: Strict privacy laws, coupled with defamation legislation, can hinder access to public information, posing challenges for investigative journalism.
Journalistic Protections
Source Protection: San Marino enacted a law in 2010 that protects journalists from being compelled to reveal their sources, fostering an environment conducive to investigative reporting
Press Card System: The Consulta dell’Informazione issues press cards to qualified journalists, ensuring professional standards and accountability within the media sector.
Media Landscape
San Marino RTV: The public service broadcaster operates television and radio channels, providing news and entertainment content. It is a joint venture between the Sammarinese government and the Italian public broadcaster RAI.
International Perspectives
European Standards: The Parliamentary Assembly of the Council of Europe has recommended decriminalizing defamation in San Marino to align with European standards and enhance media freedom
Conclusion
San Marino's media laws aim to balance freedom of expression with the need for responsible journalism and media pluralism. While protections for journalists are in place, challenges such as criminal defamation and restricted access to information remain. Ongoing reforms and international dialogue are essential to ensure that media laws continue to support a free and independent press.
RELATED Blog
0 comments