The Center Science and Innovation for Development (SCiDEV) has issued an independent legal analysis of Albania’s draft Penal Code, authored by Armando Bode and Blerjana Bino. The report warns that several provisions threaten freedom of expression, media independence, and the work of public watchdogs such as journalists, activists, and civil society organizations.
Key concerns include the draft articles on defamation (Art. 865) and insult (Art. 863), which expand criminal liability and introduce vague concepts like “self-esteem” and “good morals,” inviting selective enforcement. Other problematic provisions risk penalizing legitimate reporting and commentary—such as Art. 536 on judicial independence, Art. 515 on disclosure of investigation acts, and Art. 235 on desecration of state symbols. Authors argue these provisions contradict Albania’s commitments under the Rule of Law Roadmap (2023), the EU Growth Plan, and Cluster 1 benchmarks, all of which call for decriminalization of defamation, anti-SLAPP safeguards, and stronger protections for journalists.
Drawing on ECtHR case law and Council of Europe guidance, the analysis emphasizes that imprisonment or heavy fines for speech are disproportionate and have a chilling effect on free expression. Data gathered by SCiDEV and the SafeJournalists Network show that criminal defamation cases continue to burden journalists, discouraging investigative reporting and fostering self-censorship.
The report advances a number of recommendations, such as: (1) full decriminalization of defamation and insult, handled instead through civil remedies such as retraction and proportional damages; (2) stronger protection for journalists against threats and SLAPPs; (3) clarification or revision of vague or restrictive provisions; (4) alignment with European standards and EU commitments; and (5) legal clarity and proportionality in all speech-related offences.
The report concludes that safeguarding media freedom and the role of public watchdogs is essential to Albania’s democratic consolidation and its European integration process.
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