Tag Archive for: ONLINE media

Statement of Albanian Journalists

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.

Internationals “kill” Rama’s package of online media in Parliament

* from Aleksandra Bogdani, BIRN

Representatives of the EU, the OSCE, the Council of Europe and the United Nations unanimously criticized the violation of freedom of expression through draft laws on online media control, and called on lawmakers to take a step back.

International institutions invited in the round of consultations on the “anti-defamation package” unanimously on Monday criticized the Rama government’s draft laws on regulating online media at the Law Commission.

Representatives of European Union, OSCE, Council of Europe and United Nations Commissioner for Human Rights voiced concerns over the violation of media freedom in Albania and called on lawmakers to take a step back with the proposed bills.

Scheduled to take place initially at 10am, the meeting with representatives of international organizations was postponed for two and a half hours and started again late, as Socialist MPs were present at Prime Minister Edi Rama’s marathon presentation of which he called “special anti-PKK packages”.

Upon arriving at the chamber, the Law Commission Chairman Ulsi Manja spoke of the drafts as “improved” and “agreed with the vast majority of internationals and especially the OSCE”, a claim that heavily stonewalled with the opinions expressed from representatives of these organizations.

Deputy Head of the EU Delegation to Tirana, Monika Bylaite, said at the beginning of her speech that the Commission had submitted its comments twice in February and June and hinted that not all concerns about freedom of expression were taken into account.

“The Commission proposes less agressive approaches, such as the media self-regulation. European and international standards on freedom of expression are key in this process and I urge the commission to fully take them into account, ”said Bylaite, who added that the EU shares concerns that the increase of AMA’s competences affects freedom of expression.

Irina Radu, head of the OSCE’s Media Office, initially disputed the statements of the majority of the MPs that the drafts had been agreed with the OSCE, adding that despite some improvements there were still concerns.

“Our office in Vienna has helped and hired experts on this legislation at the request of the Albanian prime minister from the beginning, but it is not the same as saying that the OSCE approved these draft laws,” said Radu at the roundtable.

“We are concerned that the AMA is heavily present in the law. We would like the issues to be settled in the court and in no way by AMA. We notice that the fines have been reduced, but they are still disproportionate,” she added.

In a diversive attempt, the legal package rapporteur Klotilda Bushka underestimated the criticism of EU and OSCE representatives in Tirana, claiming that the opinions of the Vienna Office for Media Freedom and the European Commission in Brussels were taken into account.

Klotilda Bushka and Vasilika Hysi, The 2 Albanian co-relators of the socalled "Anti-defamation" package | Photo : BIRN

Bushka and Hysi, the 2 Albanian co-relators of the socalled “Anti-defamation” package | Photo : BIRN

“The last legal opinion from Vienna came in October and all their comments were reflected in the draft prepared on 12 November 2019. I thank the EU and OSCE experts for their expertise,” Bushka said.

“We have a long process, almost a year of consulting so much. It is time to be concrete and start discussing the articles in detail, ”she suggested.

Along the same lines, co-rapporteur Vasilika Hysi asked for concrete opinions from representatives of the Council of Europe on how hate speech, child protection, xenophobia or homophobia can be restricted – which according to her are commonly found in portals.

Vice/Chairman of the EU Delegation in Tirana, Monika Bylaite and the Expert of te Council of Europe, Dierde Kevin - Photo - BIRN

Vice/Chairman of the EU Delegation in Tirana, Monika Bylaite and the Expert of te Council of Europe, Dierde Kevin – Photo – BIRN

But Council of Europe expert Deirdre Kevin attacked the essence of the purpose of the bills, not considering the article-by-article discussion to be useful. In an exhaustive analysis, Kevin said the government’s draft laws run counter to a series of Council of Europe recommendations and resolutions promoting self-regulation in the media.

“Looking at both versions, the purpose of these amendments is almost the same, despite minor changes referred to by the OSCE. So we can briefly discuss changes to the essence and purpose of the law, which puts online publications in a statutory regulation regime that is considered normal for audiovisual media and licensed entities only,” said Deirdre Kevin, considering the government’s proposal unusual.

“… the essence of the purpose of the law is again problematic and does not meet the standards of freedom of expression,” she said, stressing that the standard is self-regulation and addressing complaints through the media council.

The Council of Europe expert also dismissed the government’s claims that the bills address disinformation and hate speech, adding that they are more focused on defamation claims.”

In the multitude of issues that make this process complex, it is difficult to imagine how the Regulatory Authority could respond within 72 hours to any particular complaint because the court notes that there are different levels of protection for people and politicians are less protected against criticism. There are also demands to separate facts from judgments and opinions, ”she stressed.

Kevin asked if the bill also included newspaper websites, and following the “No” response from reporters, deepened her criticism on the grounds that the draft was both discriminatory and unfair.

In the face of the mishmash created by the version changes, expert Kevin’s only suggestion to lawmakers was to “take a step back and consider restarting work, as this kind of regulation is not in line with Council of Europe standards and any European practices that can be identified ”.

Even UN representative Fjoralba Shkodra, who read a comment prepared by the Commissioner for Human Rights, did not spare criticism of the draft laws.

“The fines are very high and this measure could lead in the opposite direction, to silence journalists and investigative media,” Shkodra told the Commission.“

The issue of rights must be resolved under the jurisdiction of the courts. The issue of fake news and disinformation needs to be resolved in promoting and strengthening the quality of the media and not by banning freedom of expression, ”she added.

In addition to unspared criticism, discussions at the Law Commission highlighted also some paradoxes. AMA Chairman Gentian Sala noted contradictions between the statements of international organizations, also adding that the AMA Board had made its position public. In a November 18 statement, most bodily members opposed changes to the AMA organic law.

Parliamentary Comission of Laws and Human Rights | Foto - BIRN

Parliamentary Comission of Laws and Human Rights | Photo – BIRN

While the head of the Law Commission, Ulsi Manja, considered the criticisms as “different points of view” and he also called on AMA Chairman and international organizations, to submit the comments on the legal changes in writing.

Deputy Head of the EU Delegation, Monika Bylaite, once again reinforced the approach taken by the four organizations present at the roundtable.

“The four organizations here said the same thing, that the approach should be easier. We are for a self-regulatory approach, ”Bylaite said.

MP Ralf Gjoni who asked for a speech on behalf of the opposition, asked if the bill also regulates ERTV, the prime minister’s own straming tv on Facebook, and, while expressing his support for the regulation, criticized the fact that such an initiative comes to Parliament from Prime Minister Rama.

“The owner of ERTV and the owner of the Socialist Party brings legal initiative to the media in Parliament. While MPs are given this spoon-filled mess by the Council of Ministers or the Prime Minister and they are told to vote it, ”Gjoni said, adding that the bills should not be voted without 100% agreement with the internationals.

* This English version is a rough translation from the Albanian version

Copyright: Reporter.al

Albania: Government should withdraw “anti-defamation” legislative package introducing state regulation of online media outlets!

On 3 July the Albanian Government’s Council of Ministers approved a series of amendments known as the “anti-defamation package” which include amendments to law Nr.97/2013 “On Audio Visual Media in the Republic of Albania and law Nr.9918 “On Electronic Communications in the Republic of Albania.” The legislative package is a cosmetic review of highly-criticised amendments submitted in December 2018.
26 July 2019
Our organisations raised our grave concerns with the proposed legislation during our June 2019 meeting with Prime Minister Edi Rama, urging that the amendments be brought into line with international standards. However the revised amendments of 3 July continue to fall far short of OSCE, Council of Europe and international best practice. The OSCE and local journalists and civil society have repeatedly raised their serious concerns that this package would be detrimental to freedom of expression online. We join Albanian civil society and independent media in calling on the Government of Albania to withdraw these two bills and call on parliament not to approve them.
Amendments to law Nr.97/2013 “On Audio Visual Media in the Republic of Albania
The draft laws approved by the Albanian government would empower a state administrative body to regulate the content of online media outlets. These draft laws seek to impose a regime of administrative control on online media through the Audio Visual Media Authority (AMA), a measure which is unprecedented in democratic states. Article 11/2 states that “the scope of work of the Complaints Council is to oversee the provisions of this law, the Code and regulations approved by AMA, particularly related to the respect of dignity and fundamental human rights.” The AMA is an institution whose board members are nominated and dismissed on the discretion of political parties. Through the Complaints Council that is part of AMA, the draft laws seek to replace a model of self-regulation of online media restrict the role of courts.
The changes proposed in the law Nr.97/2013 “On Audio Visual Media in the Republic of Albania,” indirectly impose the registration of the ‘provider of media services’ as a precondition to receive ‘fiscal benefits and other benefits of the kind.’ This draft law gives the Complaints Council the power to oblige electronic publications service providers to publish an apology, remove content or insert a pop-up notice in cases of violations of provisions on dignity and privacy. The obligation imposed on online media outlets to protect the ‘dignity and privacy’ of citizens is overly broad and vaguely defined.
We are concerned that it could empower the Complaint Council to become a censorship body, by ordering the removal of online media content on an almost discretionary manner and without a court order. An administrative body, such as AMA, cannot and should not shoulder competencies to review defamation, which should be adjudicated by the courts through criminal and civil procedure.
The draft law also empowers the Complaints Council to impose administrative fines that vary from 100,000 lek to 1 million lek (from €820 to €8200), which have to be paid before the legal review is exhausted. These administrative fines do not differentiate between private citizens and national broadcasters, raising concerns about proportionality.
Law Nr.9918 “On Electronic Communications in the Republic of Albania”
Amendments proposed to the law Nr.9918 “On electronic Communications in the Republic of Albania,” open the way for superimposed regulation of online media, not only from AMA but also from the Authority of Postal and Electronic Communications (AKEP). Changes proposed to article 137 of this law, expose ‘providers of electronic communications’, which do not abide by AKEP rulings/orders that relate to the acts and decisions of the Complaints Council of AMA, or any other body with legal competences in this field, to fines up to 100 million lek (€820,000).
Both proposed draft laws go against international best practices that aim at the self-regulation of online media and not its regulation by the state, through administrative censorship bodies. These draft bills also have not been drafted through a transparent procedure in consultation with all interested stakeholders, a concern we raised in a meeting with Prime Minister Edi Rama during our press freedom mission in June 2019.
We call on the Government of Albania to withdraw these two bills and call on parliament not to approve them, on account of the objections raised by journalists, civil society and the Organization for Security and Cooperation in Europe (OSCE). Instead of seeking further administrative regulations on defamation, the government should seek its complete decriminalization, as suggested by best international practices. We urge the government of Albania to ensure that a meaningful consultation process with journalists and civil society is undertaken with the next draft of the amendments.
ARTICLE 19
European Centre for Press and Media Freedom (ECPMF)
Reporters Sans Frontières/ Reporters Without Borders (RSF)
South East Europe Media Organisation (SEEMO)

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

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:

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

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:

Statement: Government of Albania should retract proposed laws on online media

In democratic countries, laws aim to protect citizens from the government and not the government from citizens

BIRN representative Gjergj Erebara and AMC representative Koloreto Cukali, during the press conference presenting the declaration against the 2 draft-laws that threaten the freedom of the online media.

A group of organizations for the protection of human rights, freedom of information and journalists associations demand from the Prime Minister to drop proposals on regulation of online media.

We inform the public that the two proposals endangers freedom of expression and could turn Albania in a undemocratic country and in the same time, are not helpful in tackling existing problems of the media, including hate speech, defamation, propaganda or disinformation.

The two draft-lawsi aim to create a registry of online publications and provide rights to an institution known as the “Complaints Council” to sanction online media based on third party requests, to order their closure or block of the access on such media in the territory of the Republic of Albania.

The draft-laws provide legal mechanisms for Audiovisual Media Authority (AMA) and Tax Authority to fine or close down online media without clear procedures. As such they pose a threat to seriously increase the level of censorship and self-censorship already present in Albania’s media scene.

We observe that the argument provided repeatedly by AMA and other officials, including Prime Minister Edi Rama, that the proposals are based on “Croatian model” is inaccurate. We have investigated such claims and found that no such laws exist in the Republic of Croatia.

If the ruling socialist parliamentary majority will enact these proposals, our hybrid democracy will inevitably slither toward an authoritarian regime. In democratic countries, the aim of the law is to protect citizens from the government and not to protect government from the citizens.

While acknowledging the numerous problems that currently plague online communications, including unnecessary offensive language, libel and hate speech, we believe that the current proposals fail to tackle such issues while in the same time, they have the potential to be used as pressure tools by the government against journalists and critics.

Self-regulation of the media, education and public awareness campaigns aiming to improve media literacy; awareness of propaganda, disinformation and fake news are the adequate tools to counter these problems – both online and offline.

Being aware that Albania has to align its legislation with that of the European Union, we observe that the two proposals risk setting back the process of European integration of the country.

List of signatory organizations:

BIRN Albania

Association of Professional Journalists of Albania

League of Albanian Journalists

AIS/Open Data Albania

Civil Rights Defenders

Albania Media Council

MediaLook Center

New Media Network

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Proposed laws are: ADDITIONS AND CHANGES TO LAW NR. 9918, DATED 19.5.2008 “ON ELECTRONIC COMMUNICATIONS IN THE REPUBLIC OF ALBANIA”, AS AMENDED, CHANGES AND ADDITIONS TO LAW NO. 97/2013 “ON AUDIOVISUAL MEDIA IN THE REPUBLIC OF ALBANIA”, AS AMENDED