We condemn the attempt to intimidate 23 media outlets by means of a collective demand to remove journalistic content, and call on the Bar Association and the UAAM to respond to this

The Independent Journalism Centre, together with the undersigned non-governmental media organisations, condemns the attempt to intimidate 23 media outlets through a completely unfounded and disproportionate collective lawsuit filed by lawyer Andriy Iosip, Central House LLC, represented by the insolvency administrator Veaceslav Timotin, and businessman Vitalie Perciun.

In early August, 23 editorial offices and media platforms received a joint demand signed by lawyer Andrei Iosip on his own behalf, authorised administrator Veaceslav Timotin and entrepreneur Vitale Perciun. The claimants are asking the news outlets to carry out a ‘full audit’ of their websites, archives, internal systems and social media accounts with the aim of identifying all material in which ‘Central House’ LLC or the aforementioned individuals are mentioned, including in passing. They further demand the removal of journalistic material, the de-indexing and anonymisation of content, notification of other editorial offices, and even a ban on any further reprinting, translation or reuse. The media are also ordered to draw up a ‘compliance table’, whilst being threatened that failure to comply with these unfounded demands will result in administrative, civil and judicial measures being taken.

Such actions clearly go beyond the lawful exercise of the right to protect reputation or personal data. This demand constitutes an attempt to impose an excessive and legally unfounded burden on editorial teams, to alter journalistic archives and to remove from the public domain information relating to commercial activities, legal disputes and matters of public interest.

We would like to point out that data protection legislation expressly provides for an exception applicable to the processing of data for journalistic purposes, and that data protection applies to natural persons and does not grant a commercial company the right to have so-called ‘personal data’ relating to the company itself deleted. Neither the right to object nor the right to erasure can be exercised in an abstract and collective manner simply because certain information is deemed inconvenient for the parties involved in the case.

We regard as particularly serious the fact that this letter has been signed by individuals who have explicitly stated their professional status as a lawyer and, respectively, an authorised data controller. These professional capacities must not be used as a tool to lend the appearance of legal validity to unfounded requests, nor to exert pressure on editorial offices.

We therefore call upon the Bar Association of the Republic of Moldova and the Union of Authorised Administrators of Moldova to examine, within the limits of their powers, the circumstances surrounding this letter and whether the conduct of their members complies with the requirements of their statutes and professional ethics. At the same time, we call on these two professional organisations to respond publicly and reaffirm that professional codes of conduct and legal instruments must not be used to intimidate the press or suppress information in the public interest.

We express our solidarity with all the newsrooms affected and urge them to continue to report freely and independently on matters of public interest.

 

Independent Journalism Centre

Organisations that have endorsed this statement:

• Association of Electronic Press
• RISE Moldova
• Centre for Investigative Journalism
• Press Freedom Committee
• Acces-info Centre
• Association of Independent Press
• Association of Environmental and EcoTourism Journalists of Moldova
• Media-Guard Association
• Diez newsroom