A lawyer has commented on another bill proposed by Moldova’s ruling party that would change the legal framework for protecting citizens’ honor and dignity from defamation and insults.
According to attorney Fulga Grabovschi, the Party of Action and Solidarity (PAS) has already begun preparing for the upcoming elections. She argues that this is the purpose behind a draft law proposing the repeal of Articles 69 and 70 of the Contravention Code, which currently regulate liability for insult and defamation. If adopted, citizens who believe they have been defamed would have to defend their rights exclusively through civil court proceedings.
Grabovschi explained the contents of the bill and described it as “abusive.” In her view, the proposal does not protect victims but instead creates significant obstacles to obtaining justice.
“If you become a victim of defamation but the court decides that your lawsuit is ‘abusive,’ it will be dismissed. The claimant may be required to post security to cover the defendant’s legal costs, and if they lose the case, they could be fined up to 5,000 conventional units. The burden of proof falls entirely on the victim, who must prove that the disputed statements are false.”
According to the bill’s authors, the legislation is intended to protect journalists and activists from abusive lawsuits designed to silence them through so-called anti-SLAPP (Strategic Lawsuits Against Public Participation) mechanisms.
However, Grabovschi argues that the proposed mechanism would have the opposite effect.
“The PAS bill abolishing liability for insults and defamation is preparation for the elections. They will protect their own people while ordinary citizens will be drowned in court proceedings.”
She also noted that both the Venice Commission and Moldova’s Ombudsperson have issued negative opinions on the draft legislation.
According to Grabovschi, the bill would allow courts to dismiss defamation lawsuits as abusive before the merits of the case are examined and without reviewing the evidence.
This would mean that anyone claiming to have been defamed would not only have to prove the statements were false but would also risk substantial financial penalties—from 1,000 to 250,000 Moldovan lei—if the court ultimately considered the lawsuit unfounded.
“It seems the ‘yellow’ party is seriously preparing for the elections: ordinary people will be dragged through the courts for no reason, while their own supporters will be fully protected,” Grabovschi concluded.
