"Completely decriminalize defamation and insult" - Amendments to the Criminal Code, Bino: EU standards are not met
Civil society and media freedom organizations have called for the full decriminalization of defamation and insult. Shortly before the start of the session where the package of amendments to the Criminal Code related to defamation, insult and the safety of journalists is expected to be voted on, it was emphasized that the text that is expected to be voted on only achieves a partial decriminalization, which according to the organizations maintains the pressure of criminal law on free speech.
"The text that is expected to be voted on does not achieve full decriminalization. It provides for a limited and status-based exemption, only for journalists described as "registered and known", only for the offense of defamation, while insult remains a criminal offense. This approach is problematic for several fundamental reasons. First, partial and status-based approaches are not in line with European standards. Freedom of expression is protected because of the function it serves – public interest and trust – and not because of the professional status of the speaker. Second, Albania does not have and should not have a registration system for journalists. Any reference to "registered and known journalists" creates legal uncertainty and risks opening the way for control mechanisms over journalism, contrary to the fundamental principles of media freedom and independence", said Blerjana Bino, executive director of SCiDEV, on behalf of the organizations.
In parallel, it was emphasized that the decriminalization of defamation should be part of a broader reform agenda, oriented towards strengthening democratic accountability, guaranteeing media pluralism and creating a truly enabling environment for free journalism in the public interest, in line with Albania's European standards and commitments.
"Partial decriminalization is not enough and does not meet the standards that Albania has undertaken as part of the European Union accession process," said Bino.
The concerns raised are not only those of Albanian civil society, but are supported by some of the largest European and international organizations and networks for media freedom and human rights, including the SafeJournalists Network, partners of the Media Freedom Rapid Response, Reporters Without Borders (RSF), as well as organizations such as the ECPMF, the European Federation of Journalists, ARTICLE 19 Europe, OBCT and the International Press Institute.
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