Activity Details (ID# 5244)

Activity Synopsis

The overall objective was to pinpoint problems in the existing Albanian legislation on defamation and insult and to seek to address them effectively. Among the more specific objectives were:

· to raise awareness among journalists, politicians and lawyers of the international and national law on freedom of expression and defamation and in particular of the jurisprudence of the European Court of Human Rights;
· to establish a framework for dialogue among lawyers, human rights activists, media professionals and politicians on their respective roles and responsibilities related to freedom of expression in a democratic society;
· to establish a working group in charge of drafting amendments to the Criminal Code;
· to consider the Civil Code provisions and jurisprudence on defamation, in view of the necessity to prevent excessive litigation;
· to draw attention to the concept of a proportionate compensation in the civil cases of defamation..

 

The conference achieved most of its objectives. The number of participants was substantial and included important Albanian figures related to politics, media and law. The conference succeeded in providing a framework for discussion among the various actors. Representatives of international and European institutions were also present.

Various problems related to the situation of the media in Albania were highlighted, in particular those related to the legal concepts of defamation and insult. The participants dealt in depth with the international and European standards, including the Strasbourg case law on defamation and insult. The Albanian practice was also considered, not only from a legal point of view but also from the standpoint of the journalists and politicians, very often involved themselves in cases of defamation and insult. The participants agreed that an adequate legal framework was required to better promote freedom of expression in the country. Moreover, the work of the conference did not remain solely at a theoretical level. Concrete steps were taken, e.g., agreement was reached on the need to abolish prison sentences for defamation and insult and the special protection provided under present law for public officials. In addition, the conference established an enthusiastic working group to draft amendments to the Albanian Criminal Code.

The Albanian daily press and broadcasters devoted a lot of attention to the work of the conference, providing therefore for general public awareness on the topics discussed.
 

The participants in the conference endorsed the conclusions of the Regional conference on defamation and freedom of expression. They also agreed:

· that the Albanian media face at present various difficulties;
· that these difficulties are partly due to the inadequate Albanian media legislation;
· that the media as well do not always exercise responsibility in reporting;
· that the current Albanian Criminal Code provisions on defamation and insult have a chilling effect on freedom of expression;
· that it is necessary to reconsider the Albanian Criminal Code;
· that there should be no special protection in substantive or procedural laws nor in practice for public officials;
· that there should be no imprisonment provided by law and applied as a sanction in cases of defamation and insult;
· that the journalists' code of ethics should be better respected;
· that training activities should be organised for judges, lawyers, prosecutors and journalists regarding the international and national legislation on defamation and insult.

Finally, the participants agreed to establish a working group to draft amendments to the Criminal Code, as proposed during the Conference.

There was, however, no agreement with regard to the comprehensive decriminalisation of defamation and insult. The opinion to decriminalise such acts, expressed by a number of the participants, was objected to by others who noted that two general provisions on respectively defamation and insult should be maintained in the Albanian Criminal Code. The newly established working group was asked to look into this question. The Albanian Media Institute and IREX were charged with the responsibility of supporting and facilitating the working group on draft amendments.
 

Journalists, lawyers, parliamentarians, human rights activists, politicians, media businessmen and students 

Mr Gojmir BERVAR, Senior Editor, Slovenia
Dr Albrecht HALLER, Lawyer, Austria

 

Mr Pall THORHALLSSON, Media Division