Recent 'under the table' changes to Romania's Criminal Code threaten free speech, hamper fight against corruption and trigger international backlash

Surprise changes to Romania's Criminal Code which criminalise defamation and insult have triggered a wave of protests from freedom of speech activists and several foreign ambassadors to Romania. Romania's president too said the Parliament should not have passed the Criminal Code changes, and announced he would reject them. On a busy day for the Romanian Parliament, when several important laws were debated and submitted to vote – including the Mining Law and the Amnesty Law – local MPs also decided to include insult and defamation as a crime punishable under the new Criminal Code, with the law also applying to material published online. Meanwhile, the new code removes MPs and the president from the public clerks category, making it impossible for them to be prosecuted for corruption. The change on the freedom of speech front comes seven years after the insult and defamation were taken out of the Criminal Code, but after a back and forward between the Constitutional Court and the High Court of Cassation and Justice, the two again have become crimes, punishable via a court order. Back when Romania decided to decriminalise defamation and insult, the Organization for Security and Co-operation in Europe (OSCE) congratulated Romania for the move. Afterward, the country moved up in several international rankings, such as the press freedom indexes by Reporteres sans Frontieres. The recent change in the Parliament came without notice, in an 'under the table' move, and took many by surprise, as the changes to the Criminal Code had not been publicly discussed beforehand. The activists have asked president Traian Basescu not to approve the law. He had already announced he wouldn't do it, saying the changes send Romania back 10 years. Several foreign ambassadors to Romania, including the US and British Ambassador, publicly expressed worry over the recent changes, saying they would affect Romania's credibility, and in the end, foreign investments. editor@romania-insider.com