Media Reporting and Reference Guide on LGBT Issues

months imprisonment <strong>and</strong> –at least – 1500 euro fine. If two or more persons are involved in
this criminal act, then penalties become harsher.
Discrimination
Law N.4443/2016, Articles 1-24: Sexual orientation, gender identity <strong>and</strong> sex characteristics
are included in the protected characteristics. Discrimination on the grounds of these
characteristics – among others – is forbidden in the employment sector, both private <strong>and</strong>
public.
The Law also makes a clear reference to “supposed features”: the motivation of the
perpetrator is the one that matters <strong>and</strong> not the “actual”/”real” feature of the victim. The
perpetrator is the one who has to prove that they didn’t discriminate.
Furthermore, discrimination victims are protected by the Law from any kind of retaliation.
But the Law fails to include a clear reference to sexual orientation, gender identity <strong>and</strong> sex
characteristics as protected characteristics against discrimination in social protection, social
benefits, tax reliefs, education, <strong>and</strong> housing. But in another Article of the same law, the
legislator includes the prohibition of discrimination on the grounds of sexual orientation,
gender identity <strong>and</strong> sex characteristics “during sales of goods or provision of services to the
public”.
4. The role of the state.
During the last decade, the Greek State has made some steps backwards as well as forward
in terms of promoting an inclusive <strong>and</strong> non-discriminatory <strong>Media</strong> environment. Some of the
main “ups” <strong>and</strong> “downs” are listed below:
• In 2003, NCRTV decided to fine TV-station Mega Channel 100.000€, because during a
TV-Series, two men kissed, thus the channel violated the code of conduct (In.gr 2006
November 28). The NCRTV on the other h<strong>and</strong> never reacted to anti-LGBT hate speech in
Greek TV. In 2006, the Supreme Court of Greece cancelled the fine, because, according
to its decision, there was no pornographic or profanity during the scene <strong>and</strong> the
TV-characters only expressed their sexual orientation which is totally respected – as
well as its expression through art - under the Constitution (In.gr 2006 November 28).
Also, the Supreme Court stated that during the scene “the reality of the society” was
presented which is “connected with a social group” whose “erotic choices” are “totally
respected” under the Greek constitution (Sotiropoulos 2018 April 4).
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