Tag Archive for: freedom of online media

Media and Civil Rights Organizations declare themselves against the new attempts to pass the Defamation Package

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Statement

11 September 2020

Civil Society Calls Upon Parliament of Albania to Dismiss the Current Anti-Defamation Law and Starts the Process from Scratch

Fifteen civil society organizations of Albania had been informed in an informal way for yet another attempt by the Parliamentary majority of the Socialist Party to push forward, in an incorrect and not transparent way, the controversial law on online media, in what seems to be an attempt to ignore the Opinion of the Venice Commission and to bypass some serious concerns expressed in that Opinion.

The organizations had been informed that the Parliament of Albania plans to revise the Decree of President Meta for the returning of the law for further parliamentary discussions based on clause 86 of the Regulation. If so, the Parliament will limit its discussion on matters on which the Decree of the President has explicitly expressed objections.

Organizations observe that this is the wrong way to treat this problem and fails to address the main concerns raised by the Opinion of the Venice Commission. Due to this, the organizations call upon the Parliament of Albania to accept the decree of the President and start the process from scratch because only in this way we can be sure that such initiative for changing of the laws will be fully compatible with Albania Constitution and International standards on freedom of speech.

If the Parliament deals only with concerns expressed by the decree of the President, the Parliament will ignore several grave concerns raised by the civil society and the Venice Commission, thus bringing a law that could hamper freedom of speech in Albania.

The organizations recall paragraphs 71 and 72 of the Venice Commission Opinion to emphasise that the current draft-law cannot and should not be enforced. The paragraph 71 reads:

“The Venice Commission, while appreciating that a comprehensive reform of the AMA enhancing its independence and professionalism may be a politically challenging endeavor, advises against extending the mandate of the AMA in the field of the online media without a corresponding strengthening of its independence and professionalism.”

Organizations observe that independence and professionalism of this institution (AMA), as recommended by the Venice Commission, cannot be simply achieved by correcting laws, nonetheless in the conditions of urgency expressed in this situation, but demands a long and meaningful debates among stakeholders.

The organizations emphasize also that the paragraph 72 of the Venice Commission it is recommended that problem of malicious or irresponsible media behaviour in the internet “Albanian authorities to support the setting-up of an effectively functioning and independent self-regulatory body,” instead of insisting on proposed model of administrative regulation.

Based on above-mentioned arguments, the organizations demand from the Parliament of Albania to stop plans to create laws that violates the Constitution of Albania and international standards.

Organizations express their readiness to help the Parliament of Albania in dealing with these concerns.

The list of organizations:

BIRN Albania

Civil Rights Defenders

Citizens Channel

Faktoje

Grupi Shqiptar per te drejtat e njeriut

Këshilli Shqiptar i Medias

Komiteti shqiptar i Helsinkit

Lidhja e Gazetarëve të Shqipërisë

New Media Network

Qendra Res Publica

Qendra Shqiptare MediaLook

Qendra Shqiptare për Gazetari Cilësore

Shoqata e Gazetarëve Profesionistë të Shqipërisë

Shoqata e Gazetarëve Europianë të Shqipërisë

Unioni i Gazetarëve Shqiptarë

 

Statement of Albanian Journalists

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Gathered in Hotel Tirana on December 13th, The Albanian Journalists made the following statement about the new laws against freedom of media.

STATEMENT

Journalists, media, organizations and social groups through this statement calls upon the Government of Albania to immediately withdraw the two draft-laws presented as “Andi-Defamation Package”. This request is not negotiable. We call upon the government of Albania to immediately withdraw them.Organizations assess that the two draft-laws, the one that aim to transform the Audiovisual Media (AMA) Authority in a censorship office and the other, that aims to transform the Communication Authority in an office for the execution of the AMA decisions of censorship, are of no precedent in the democratic world. Questions of ethics, such as the right for answer against a claim, or the right to respond before the publication of an allegation, in any democratic country are a matter of the codes of ethics and of the structures of self-regulation. Matters of hybrid warfare, disinformation, the financing of media or of political parties and groups by dirty money sourced by politicians or organized crime are a matter that should be investigated by law enforcement agencies within the rights and duties granted to them by existing laws, such as penal code or penal procedural code. Albania has laws that regulate the matters when media infringe upon the rights of others and any further intervention, including that of the creation of an administrative body, are absolutely not necessary in a democratic country. The matters of defamation or libel in the Republic of Albania and in any other country under the rule of law should be settled only in courts as independent power. The attempt to substitute courts with organs directly controlled by political power creates the basis for serious violation of the human rights and could be used as a founding stone for a dictatorial regime.

Statement on the Draft Law on Media

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The Civil Society Organizations call upon the government of Albania to withdraw the two draft laws proposed to Parliament and showcased in public as the “Anti-Defamation Package”. We also call upon the Parliament of Albania that, in case that the government doesn’t withdraw the bills, to dismiss themwithout delays.

The importance that the freedom of expression has in a democratic society is reflected by the ample protection given to it in international law, both at global and in regional level, including in Article 19 of the The Universal Declaration of Human Rights, on the article 19 of the International Covenant of Civil and Political Rights, the article 19 of the American Convention on Human Rights and as well, the article 10 of the European Convention on Human rights.

The First Amendment of the United States Constitution, approved about 230 years ago (in 14 December 1791) prevents the government from making laws which regulate an establishment of religion, prohibit the free exercise of religion, or abridge the freedom of speech, the freedom of the press, the right to peaceably assemble, or the right to petition the government for redress of grievances.

Signatory organizations note that the two draft-laws of the anti-defamation package provide for the Albanian Media Authority and Albanian Communication and Postal Authority, quasi-tribunal competences, of sanctioning nature against media outlets, while these bodies, although independent by definition in the law, provide no functional guarantees to operate independently in practice, as should are the courts.

Albania has enough laws to regulate cases when media violate the rights of others and in this context there are precedents judged in our courts.

The need to have self-regulation of the media and NO legal regulation of it, is a matter of special importance in countries in transition to democracy, as it is our country, where often media is connected with known interests of the businesses or political parties. Self-regulation is the combination of standards imposed by ethical codes of conduct for the media, which are necessary to support freedom of expression and to enable that this conduct is monitored and held accountable. Self-regulation preserves the independence of the media and protects it from the partisan interventions of the government.

The signatories call upon international bodies, (such as OSCE, EU or Council of Europe), which presence in Albania contributes to the rule of law and human rights, to take a clear and public stance regarding these two draft laws, as initiatives that violate freedom of expression.

List of signatories:

BIRN Albania

Civil Rights Defenders

Citizens Channel

Faktoje

Instituti Shqiptari Medias

InstitutiShqiptariShkencave

Këshilli Shqiptar i Medias

Komiteti shqiptar i Helsinkit

Lidhja e Gazetarëve të Shqipërisë

Qendra Res Publica

Qendra Shqiptare MediaLook

Qendra Shqiptare për Gazetari Cilësore

Shoqata e Gazetarëve Profesionistë të Shqipërisë

Unioni i Gazetarëve Shqiptarë

European Federation of Journalists reacts against the 2 draft-laws about online media

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As a result of the declaration made by a group of organisations for the protection of human rights, freedom of information and journalists associations,  demanding from the Albanian Prime Minister to drop the two proposals on regulation of online media, 2 powerful international organisations join them in this battle.

The European and International Federation of Journalists (IFJ and EFJ) have joined their Albanian affiliates, the Association of Professional Journalists of Albanian and the League of Albanian Journalists, and the other organisations on their request to the government to drop an amendment that are designed to take control of online media and that will put in risk online media freedom in Albania.

Read the full publication on the page here:

Albanian government must retract proposed laws on online media

European Federation of Journalists reacts against the 2 draft-laws about online media

/in

As a result of the declaration made by a group of organisations for the protection of human rights, freedom of information and journalists associations,  demanding from the Albanian Prime Minister to drop the two proposals on regulation of online media, 2 powerful international organisations join them in this battle.

The European and International Federation of Journalists (IFJ and EFJ) have joined their Albanian affiliates, the Association of Professional Journalists of Albanian and the League of Albanian Journalists, and the other organisations on their request to the government to drop an amendment that are designed to take control of online media and that will put in risk online media freedom in Albania.

Read the full publication on the page here:

Albanian government must retract proposed laws on online media