OSCE Media Freedom representative returns govt’s ‘anti-libel’ draft law for revision

Tirana Times
By Tirana Times December 10, 2019 08:19

OSCE Media Freedom representative returns govt’s ‘anti-libel’ draft law for revision

Story Highlights

  • The initial draft law has changed after concerns expressed not only by the OSCE, but also by other international representatives. After the amended draft laws were submitted to the Parliament's Laws Committee a few weeks ago, Desir submitted a legal review to the authorities on Monday, where although he appreciated some changes that have been made, he recommended the need for further interventions.

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TIRANA, Dec. 9 - OSCE Representative on Media Freedom Harlem Desir recommended Albanian authorities on Monday to make further changes to the draft law on audiovisual media and electronic communications, currently under consideration in parliament. 

According to Desir, measures to protect freedom of expression should be clarified and any risk of unfair restrictions or sanctions on broadcasters be avoided, while both draft laws have been strongly opposed by the Albanian media community. 

On Monday, six international journalism organizations also addressed a call to parliament not to approve these bills.

Otherwise known as the ‘anti-liber’ or ‘anti-defamation’ package, the interventions contemplated by the government have long caused debate in the country. 

The initial draft law has changed after concerns expressed not only by the OSCE, but also by other international representatives. After the amended draft laws were submitted to the Parliament's Laws Committee a few weeks ago, Desir submitted a legal review to the authorities on Monday, where although he appreciated some changes that have been made, he recommended the need for further interventions.

“It is essential to provide for a provision that guarantees that all AMA decisions can be appealed

to the court immediately after their adoption," Désir said, addressing one of the main concerns of the community of journalists. The later say the draft law attempts to give the Audiovisual Media Authority (AMA) and the Agency for Electronic and Postal Communications, AKEP, "almost judicial powers.”

The OSCE representative also said concerns remain over AKEP's competence in cases of interference to safeguard the country's interests, public safety or fundamental rights. 

“These notions remain wide and do not envision specific rules on how to provide protection for freedom of expression. That is why it is recommended to amend the relevant article of the draft law,” Desir writes. 

Desir also raised another concern, also highlighted by Albanian media representatives, regarding the possibility of fines, as OSCE experts have considered them "too high and excessive in cases of violations. Such penalties can lead to media shutdown and be seen as indirect pressure. This article should be amended,” emphasized Desir.

The OSCE representative hopes that “draft laws will continue to be improved during their consideration in parliament, including by taking into account public consultations with civil society, journalists' associations and media actors. Much will depend on the implementation of the new legislation. It is important to ensure that the regulatory agency, the AMA, can carry out its powers and duties in a fully independent manner without any political interference,” he said, noting that his office would personally monitor it “with particular attention.”

Six well-known international journalist organizations, the ‘European Center for Press and Media Freedom’ (ECPMF), ARTICLE 19, the ‘European Federation of Journalists’ (EFJ), ‘South East Europe Media Organization (SEEMO), ‘International Press Institute’ ( The IPI) and Reporters Without Borders (RSF) also addressed the Albanian parliament on Monday, although not for the first time, with a call not to approve the two controversial media laws. 

"If these bills come into force, they will impose a mandatory online media registration requirement and create an administrative body with the power to fine and block online media as well as block foreign media - without a court order. They will also impose state regulation on online media, which is contrary to international best practice and the principles of self-regulation,” reads the joint statement, which continues by stating that “we note that the proposals are inconsistent with the best self-regulation practices and can have a negative impact on freedom of expression in Albania.”

Following a public consultation session held on November 25 where strong objections from representatives of the national and international media community were voiced, two more consultations are scheduled for the next few days, before the bills go to the plenary session for approval on December 19th. 

“There is widespread concern about the government and parliament's insistence on keeping up with these bills as they signal a turn for the worse in the climate of media freedom in Albania. Albania has clear obligations and obligations under the European Convention on Human Rights and the OSCE, whose Presidency it is expected to take over in January 2020. If these draft laws are adopted, it will be very worrying for Albania to assume this role,” notes the joint statement by journalist organizations, which recall that they had made their concerns known to Prime Minister Edi Rama during a mission in Tirana in June, urging him to bring the amendments in line with international standards.”

“In July, we called on the Albanian government to withdraw these bills and asked the parliament not to approve them. We are disappointed that the Albanian parliament has followed through with these bills without fully addressing the suggestions given by local actors and international institutions,” the statement underlines, reiterating the call for “the Albanian parliament to abandon the persistent process of approval of the draft law of these bills and begin the process all over again. Parliament should use the assistance mechanism available through the Council of Europe office in Tirana and the European Union in order to come up with laws that are in line with the highest standards of media freedom.” 

In addition to local and international journalists and experts, the opposition has also long reacted to the government’s plans to approve the ‘anti-libel’ package.

“The OSCE again rejected Edi Rama’s draft laws through which he aims to freely terminate online media and portals,” former Democratic Party MP Genc Pollo wrote on his Facebook page on Monday. 

 

Tirana Times
By Tirana Times December 10, 2019 08:19