Albania Govt Moves Again to Toughen Defamation Penalties

The Ministry of Justice in Albania on Thursday said it is working on changes to the penal code that include upping the fines to 4.5 million leks (36,000 euros) for defamation, and extending responsibility not only to journalists but also to editors and directors of media outlets and others.

The current penal code classes defamation as a misdemeanor punishable by fines of up to 3 million leks. It also obliges the claimant to prove that the defendant intentionally distributed untrue statements while being aware of the true fact.

The new rephrasing proposed by the ministry removes this important criterion while enlarging the scope of the provision to provide protection not only to individuals but also to institutions, while foreseeing heavier fines if the claimant is a state or political official.

"If this penal offence [defamation] is directed against a political body, an administrative or judicial body, or against a person who [is] representative of one of these bodies … the punishment is increased by 1/2," the proposal reads.

"When this penal offence is committed through the printed press, responsibility is extended to the administrative director or, case by case, to the deputy director, to the publisher and the typographist in case they know about the penal fact."

Speaking to Ora Television on Thursday, Prime Minister Edi Rama explained the rationale thus: "I wouldn't mind if someone calls me a donkey, but if they call me a thief, that is a charge".

Rama is in his eighth year as Prime Minister, and has repeatedly dodged allegations of corruption raised against his government or about the collaboration of his party with organised groups to pressure voters in elections. Claiming he is the victim of lies and fake news, he...

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