Appeals court upholds YLE libel conviction

News reporting on incomplete criminal investigation found to violate law

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A fine imposed on journalists of the Finnish Broadcasting Company (YLE) for libel against a married couple who run a business in Lappeenranta was upheld on Thursday by the Helsinki Court of Appeals.
      The two journalists were given fines on two counts of libel and two counts of disseminating information that violates privacy. However, the damages of EUR 30,000 imposed by the lower court were reduced on appeal to EUR 10,000.
      The ruling is linked with an item of television news made public in 2006, reporting that “tax queen” Larisa Lisitsyn was under suspicion of economic crime.
      The couple were later acquitted.
     
The Court of Appeals found that the news item falsely insinuated that the couple had actually committed criminal acts, even though the preliminary investigation was incomplete, and the two were only suspects.
      The court made note of expressions in the news items.
      “The news item initially stated as a fact that crimes had taken place. Only later was it said that it was merely a suspicion of crime”, the ruling states.
      The court also felt that there was no need to report on the preliminary investigation of an individual family company for the purpose of dealing with a manner of considerable societal importance.
      In this respect, the reporting of the news violated the privacy of the Lisitsyns.
     
The decision by the panel of three judges came after a vote.
      One of the judges would have wanted to acquit the journalists, saying that taken as a whole, the news item did not violate the presumption of innocence of the suspects, and did not include false information or innuendo.
      The dissenting judge also felt that publishing the news had societal significance in that Larissa Lisitsyn had made a fortune in trade with Russia in a very short time, and that news about her success had been in the media before.
     
YLE plans to apply to the Supreme Court for permission to appeal the decision.
      “This is a question of the principle of freedom of expression, which defines the limits of crime reporting in Finland”, declared Atte Jääskeläinen, editor-in-chief of YLE’s news department.


Previously in HS International Edition:
  National broadcaster proclaims innocence in libel case (16.10.2008)

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