site.btaPro-Government Parliamentary Group to Withdraw Controversial Bill Criminalizing Non-consensual Intrusion into Private Life

Controversial draft amendments to the Penal Code, moved by the pro-government parliamentary group of There Is Such a People (TISP), will be withdrawn after provoking outrage in opposition MPs and professional NGOs, it emerged on Friday.

On Thursday, the National Assembly Constitutional and Legal Affairs Committee held an extraordinary meeting during a suspension of the plenary sitting to approve on first reading the draft legislation which criminalizes the dissemination of information about a person's private life without their consent. The bill was backed by the ruling coalition (GERB-UDF, BSP-United Left and TISP), MRF-New Beginning and Vazrazhdane. The rest of the parliamentary groups argued that this is censorship, that the provision is unconstitutional and reminds of some other regime rather than democracy.

According to the proposed amendments, anyone who, through print or other mass media, via electronic information systems, or by other means, disseminates an item containing information about another person's private life without their consent, will be liable to one to six year's imprisonment and a fine ranging from BGN 2,000 to 5,000. "Information about private life" is defined as "data concerning personal relationships, family relations, intimate relationships, or the health status of a natural person".

Following are takeaways from Friday's reactions of ranking MPs and governmental and non-governmental organizations dealing with journalism:

GERB-UDF Floor Leader Boyko Borissov: "I spoke with [TISP leader] Slavi Trifonov this morning and he told me that they would withdraw it because there are texts that neither he nor we accept." [Commenting on why GERB-UDF MPs supported the bill on first reading at the committee stage]: "I suppose they did not read it properly, now they have read it properly, and they will read it as it should be read. There are things that could be corrected or for which some course of action could be found. Artificial intelligence uses our faces and makes disgusting videos. That is not right. There are texts that I would support, I would support a similar text. Six years in prison - that is absurd, but heavy fines are acceptable. The law has been withdrawn, at least that is what Slavi told me, if there is to be such a law, we would support similar texts."

Prime Minister Rosen Zhelyazkov: "According to the Bulgarian Constitution, citizens' privacy is inviolable, and the State must ensure conditions for its protection. How constitutional provisions and guarantees of citizens’ rights are interpreted in legislation is a matter of the National Assembly's autonomy. The place for debate on this topic is in the National Assembly. When I read the texts, I did not get the impression that this is about freedom of speech, but rather about revealing personal life data."

Continue the Change - Democratic Bulgaria (CC-DB) Co-Floor Leader Nikolay Denkov: "The bill submitted by There Is Such a People […] implies that anyone who tells the truth could face up to six years in prison, whether it's a journalist or an ordinary citizen. The draft law does not mention defamation or slander anywhere. This proposal comes from people who built their careers in politics and show business by spreading such information."

Democrats for a Strong Bulgaria leader and CC-DB MP Atanas Atanassov: The TISP-proposed amendments to the Penal Code "run counter to the Bulgarian Constitution and numerous international instruments. The draft revisions are a complete legal absurdity. The bill introduces the possibility of using special investigative techniques against journalists, vloggers, and others for disseminating information about people's private lives. We must do everything possible to defeat this in plenary. The changes attempt to repress free people, free speech, and the right to impart information."
CC-DB MP Yordan Ivanov: "We will alert the European institutions, if necessary, to ensure this doesn't move forward."

CC-DB MP Stoyu Stoev: "We would be criminally liable and face a longer prison sentence than for involuntary manslaughter, which carries a sentence of up to five years. Under the proposed bill, special investigative techniques could be deployed to surveil any citizen, not just journalists. This law applies to everyone. It became clear that the bill is supported not only by the ruling majority but also by Vazrazhdane. Today, we heard some politicians backtracking - which is normal because we are still a democracy, and these laws belong to a different regime."

MECh Party Chair and MP Radostin Vasilev: "TISP built their show and party on mocking personal dignity. Now I understand that TISP intends to withdraw it because Borissov disagreed, and they didn't even reach a quorum at today's sitting. Today we see wavering in the willingness and support from coalition partners. This law damages the coalition. The reasoning of the bill that it provides protection against the invasion of privacy is false."

Council for Electronic Media (CEM): "CEM is surprised by the rapid legislative process through which radical proposals are advancing, measures that could negatively affect the media landscape and freedom of speech. Any legal amendments should comply with the European Media Freedom Act, which provides strengthened guarantees for the protection of journalists and freedom of expression. The regulator is ready to provide expert opinions on future drafts directly affecting the media landscape. The right to privacy and freedom of speech must be balanced in a way that does not undermine the public interest. CEM is convinced that any legislative changes should not impede full and effective journalistic work."

Association of European Journalists - Bulgaria (AEJ): "The proposal could lead to unprecedented censorship. If the draft amendments are adopted, such disclosures could result in prison sentences for journalists. With such legislation, Bulgaria could no longer be called a democratic and rule-of-law state. There is no democracy that sends journalists to prison for fulfilling their core duties: exposing politicians and other public figures. But in dictatorships, that's exactly what happens: punishment for insult and defamation and the protection of privacy are used as a pretext to silence critical voices and make those in power untouchable. The proposed amendments run counter to the recommendations of international organizations, which have recently called for the full decriminalization of insult and defamation. If adopted, the amendments would lead to an increase in so-called SLAPP lawsuits - legal actions used to intimidate journalists and critics of those in power. All parliamentary parties should oppose the amendments, which undermine Bulgaria's democratic character and threaten the right to free speech."

Union of Bulgarian Journalists (UBJ) Governing Board: "The Penal Code amendments proposed by TISP may be weaponized for pressure and reprisals against journalists, media and opposition members. The rushed debate and approval of the provisions at the Legal Affairs Committee just two days after their tabling is indicative of a fear of public reaction and ignores professional and civic expertise. Investigative journalism of high public interest are not a criminal offence but the essence of the journalist mission. The news that TISP will withdraw the bill merely to revise wordings rather than to drop it altogether shows that the tenor of the proposal does not change and further attempts are made to gag the free media. The proposed amendments re-establish criminal responsibility for speech and create prerequisites for SLAPP cases.