Journalist from Homel fined for journalistic story about market traders

Larysa Shchyrakova was sentenced to a fine for “complicity in illegal producing and dissemination of mass media products.”

On March 12 in the court of Central district of Homel Judge Viktar Kazachok considered the administrative report drawn up by policemen against the freelance journalist, Larysa Shchyrakova. The journalist was charged with violation related to producing and dissemination of mass media produce (Article 22.9 Part 2 of the Criminal Code). On January 13, 2015 a news report about problems of sole traders at the Central marketing place of Homel was posted at the website of Belsat TV channel. Policemen questioned market traders who were filmed in this video report, and they said that they had been videoed by Larysa Shchyrakova. There was also an answer from the Foreign Affairs Ministry in the materials of the case, stating that that citizen had not been accredited by the Foreign Affairs Ministry as a correspondent of a foreign mass media, Viasna human rights centre informs.

In the court Larysa Shchyrakova appealed for a legal expert Leanid Sudalenka to be accepted as her representative, and for the trial to be held in Belarusian. Judge Viktar Kazachok rejected these motions, giving it as a reason that Leanid Sudalenka is not a member of the bar, and that there are two state languages in Belarus, and the language of paperwork in court is Russian.

In fact, the journalist pleaded not guilty. Firstly, provisions of the law on mass media concern namely editorial offices of mass media, that is, legal entities. Larysa Shchyrakova is not a legal entity, but a natural person, so these provisions are not to apply to her. And moreover, Article 34 of the Constitution guarantees the right for receiving and dissemination of information to citizens of Belarus. the journalist does not have labour relations, a contract or agreement with Belsat TV channel, and she is not their staff or string correspondent.

In the court she confirmed that she really videoed sole traders in the market. However that video was posted on her Youtube channel, and it could be used by anyone. “But my video had been used by BBC or Al Jazeera, would I have been charged with cooperation with these channels?” Larysa Shchyrakova asked in the court.

The judge admitted that Article 22.9 of the Administrative Code really means mass media, not natural persons, but when delivering a judgement he noted that the journalist had been charged with “complicity in illegal producing and dissemination of mass media products.”

Viktar Kazachok punished Larysa Shchyrakova with a fine of 20 basic units, which is about Br3.6 mln.

The journalist does not agree with the ruling and is set to challenge the decision.

“If the state curtails rights of citizens, it must explain, for what end it is done. In this case we have not seen or heard, for what end the rights of Larysa Shchyrakova, guaranteed by the Constitution and international legal acts ratified by Belarus (like International Covenant on Civil and Political Rights), had been restricted,” a human rights activist Leanid Sudalenka comments.

The journalist herself believes that by these actions the authorities want to intimidate journalists in the run-up to the election, so that they would not video news items or write stories about severe problems in the economy and social life of today’s Belarus.