Lipsic: Punishing people for false opinions would be the end of freedom of speech – SME.sk

The special prosecutor considers more discussion to be a better way to combat misinformation.

BRATISLAVA. Prosecuting and punishing people for false opinions would be the end of freedom of speech. A special prosecutor thinks so Daniel Lipšic. He stated this for TASR in response to a proposal for a new crime of disseminating false information from the workshop of the Ministry of Justice within the amendment to the Criminal Code.

“I do not think that the state should have the competence in the Criminal Code to decide which opinions are true, which are false and which of those false will be prosecuted. This is the end of freedom of speech,” he said, adding that criminal law should not serve to that the state authoritatively declares where the truth is.

He stressed that the Constitution of the Slovak Republic protects not only nice ideas and good ideas, but also those that are untrue and stupid. “It protects them in the sense that it is not possible to prosecute them,” Lipšic remarked.

He realizes that hoaxes, misinformation, rumors and conspiracies need to be fought. “In my opinion, the right means is not less discussion and its prohibition, but more discussion. It is necessary for legitimate institutions or authorities to communicate and expose false information, which is often associated with hoaxes.”

At the same time, he emphasized that as a prosecutor, he respects and will always respect the current legal situation. “It is up to the parliament to adopt the legislation in the Criminal Code. Even if we do not agree with any legislation, we must apply it as faithfully as possible. We are not here to choose which legislation applies and which does not,” he said.

Minister of Justice Mária Kolíková in December 2021, it presented a draft amendment to the Criminal Code. After the new one, it wants to push for greater use of alternative punishments instead of imprisonment, or differentiating users from drug manufacturers.

Among other things, committing an offense could be a reason for a higher sentence. The proposal also regulates the issue of sexual offenses or the spread of misinformation.

He also proposes to increase the lower limit of small damages from the original 266 to 500 euros. The Ministry is currently evaluating the comments made on this proposal.

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