Freedom of expression and decriminalization of the defamation in the Republic of Macedonia

Majhosev, Andon and Mirkovski, Goran (2017) Freedom of expression and decriminalization of the defamation in the Republic of Macedonia. Journal of Process Management - New Technologies, 5 (3). pp. 106-113. ISSN 2334-735X

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Abstract

The freedom of expression is one
of the most important human civil and political
rights which is guaranteed with many international
and regional legal instruments established by UN,
European Council, EU and etc. That is basic
precondition for the development of one country.
The freedom of expression includes not only the
freedom to express one's opinion or ideas but it also
includes freedom to search information or ideas,
receive informations or ideas and to pass the
informations or ideas.
In many countries in the world, as well in
Macedonia, the freedom of expression is not
absolute but limited and the border is the respect of
the freedom and the rights of other people, more
specifically their reputation and honour.
Reporters often deliberately or
unintentionally, while doing their job, violate the
right of freedom of speech by insulting or defaming
others, most common public function holder
(politicians).
The politicians with their political power
significantly influenced on the judicial organs so
that they reach a verdict in their favor. Therefore
the reporters were exposed to great pressure and
very often they were punished by jail sentences.
Setting the judicial system this way it became
limiting factor in the normal development of the
reporters job.
Until 2012 the insult and the defamation in Republic of Macedonian were considered criminal act and they were subjected to jail punishment.
Since the law of civil liability for insult and defamation in 2012, the insult and the defamation don't belong to corpus delicti that are in the sphere of the criminal right.
Since then to this day the insult and the defamation are treated as violation.
Key words: Law, insult, defamation, violation,
punishment

Item Type: Article
Subjects: Social Sciences > Law
Social Sciences > Media and communications
Divisions: Faculty of Law
Depositing User: Andon Majhosev
Date Deposited: 29 Jan 2018 13:30
Last Modified: 29 Jan 2018 13:30
URI: https://eprints.ugd.edu.mk/id/eprint/19205

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