New changes to the Albanian criminal code that only partially abolish defamation as an offence have been criticised by media freedom organisations, citing concerns over freedom of speech.
New changes to the criminal code offering only partial decriminalisation of defamation – adopted in the early hours of Wednesday by the Albanian parliament – have disappointed media organisations, which have been involved in a several month-long dialogue with the government seeking full decriminalisation of defamation.
According to the new legislation, only journalists who are “registered and known” are excluded from defamation lawsuits. However, no such category of registered journalists even exists in Albania, which leaves room for abuse, according to media organisations.
Blerjana Bino, from the Safe Journalists Network NGO, said on Tuesday that media organisations recognise some positive steps, which include more protection for journalists in cases of violence and serious threats, but do not agree on the issue of defamation.
The new law “provides for a limited and status-based exemption only for journalists described as ‘registered and known’ … while insult remains a criminal offence,” Bino said, adding that this is problematic for several reasons..
Bino noted that Albania does not have and should not have a register of journalists, and the law still excludes other important groups that work in the public interest: civil society organisations, activists, researchers, whistleblowers and members of the public, who all play an essential role in democratic debate and often face legal pressures that have a chilling effect on free expression, she said.
“Maintaining parallel criminal offences, such as insult, undermines the effectiveness of any partial decriminalisation and maintains the pressure of criminal law on free speech,” Bino added.
Isa Myzyraj, head of the Association of Journalists of Albania, also opposed the new law, saying that by January 21 this year, “we had an agreement across the political spectrum – including the ruling party and the opposition – that defamation and insult would be fully decriminalised, as well as clear assurances from political parties in this regard.
“Unfortunately, this agreement was not reflected in the final text. This is not an isolated case, nor is it the first disappointment of civil society in such processes. On the contrary, it points to a deeper problem: public consultation processes, even on issues of fundamental importance for Albania’s democracy and European integration, remain fragile and can be overturned within a very short time, despite the continuous and constructive engagement of civil society,” Myzyraj said.
On January 26, international organisations defending media freedom including the Safe Journalists Network, Rapid Response Mechanism for Media Freedom, Reporters Without Borders and17 civil society organisations in Albania called for the full decriminalisation of defamation and insult.
They said that defamation should be decriminalised not only for so-called ‘registered’ journalists but also for human rights activists and other advocates of free speech.
Source: BalkanInsight
