Good intentions, questionable consequences
16 June 2024
On 10 June, Moldova's pro-European president signed amendments to the criminal code, expanding provisions on treason. These amendments aim to address what proponents describe as "treason during peacetime". The updated law extends the legal definition of treason beyond actions during wartime and removes the requirement that such actions must cause direct harm to the state.
The changes also introduce a new category of "high treason," which includes assisting foreign states, organisations, or undefined "unconstitutional entities" in carrying out "hostile activities against the security of the state," including "disinformation campaigns." While President Sandu’s intent appears to be to limit Russian propaganda and interference in Moldova, these amendments come as a double-edged sword.
With Moldova’s 2024 presidential election and pro-European referendum approaching in late October, these legal changes raise questions about potential impacts on freedom of speech and the silencing of government critics. Amnesty International warns that the broadened definition of high treason is vague and susceptible to abuse, posing significant threats to freedom of expression.
 | Sofiya Tryzub-Cook The new definition could be misused to target political dissent and critical voices under the guise of countering harmful foreign influence. Depending on the election's outcome, the law could be interpreted differently. A change in leadership might lead to the definition of "disinformation campaigns", shifting from targeting Russian information to potentially targeting European news and policies, exacerbating concerns about the gap between the law's intention and its application. In Georgia, for example, the ruling party has recently passed a controversial 'foreign influence' law that has sparked outrage for its potential to suppress civil society and target political opposition. While in Georgia, the foreign agent law threatens to undermine NGOs and independent media, in Moldova, the concern is that the broadened definition of treason could be used against political critics. |
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