Although the Albanian constitution and the European Convention on Human Rights recognise fundamental rights to freedom of expression and freedom of the media, they also provide for proportional restrictions.
Defamation in Albania remains a criminal misdemeanour, punished by fines, while the main legal instrument against hate speech is the provision of several anti-hate crimes and misdemeanours in the criminal code. Hate speech is also addressed, albeit indirectly, in Albania’s anti-discrimination law.
In the context of the infringements, copyright violations are considered one of the biggest problems facing the online media, followed by the lack of quality information and financial difficulties.
Criteria and conditions for copyright protection are listed in the report. Despite the legal protection granted to audio and visual products via copyright, the country’s copyright law (Article 12.1) does not protect news and press information, both offline and online, which are simply informative in nature.
Journalists safeguard the public’s right to know
The growing number and influence of online media have certainly given journalists more space and freedom to express their views and report on different issues in ways that might not always be welcome in traditional media.
Journalists have the right to inform about news of public interest, preserving the essence of information, but they are also obliged to avoid references to personal data when possible. All actions taken by journalists should be shaped by the public interest.
The report lists two sets of special instructions and considerations (Protection of minors and court and crime reporting) for journalists on how to protect personal and sensitive data.
The most recent Code of Ethics for Journalists was drafted in 2018. This was done by the Albanian Media Institute, AMI, with the support of the project Reinforcing Judicial Expertise on Freedom of Expression and the Media in SouthEast Europe, JUFREX – a joint initiative led by the European Union and the Council of Europe.
According to a set of Ethical Guidelines for Online Journalism , online journalism must respect all professional code of ethics and the core values of journalism, irrespective of the forum or format it uses.
No clear rules for content removal
Recognising that content moderation and removal policies are widely debated – and divisive – on the global level, the report provides a non limited list of potential solutions that may contribute to a healthier online environment.
In Albania, no specific law explicitly regulates the filtering and blocking of illegal Internet content. However, the provisions of several laws regulate illegal Internet content. The Electronic Communications law empowers the AKEP to enforce its requirements.
There is no official or published list of what is considered illegal and/or harmful content, or of the competent authorities that can ask the ISPs to remove illegal content. For this reason, the key institutions mandated by law to order the removal of illegal content are listed below, based on the caseload developed by AKEP.
Judicial and law enforcement agencies can request the removal of illegal content based on the relevant articles in the criminal code. One of the most problematic requests from law enforcement agencies, passed on to ISPs through AKEP, was the blocking of the domain of the popular online media Jeta Osh Qef (Joq.al) following the deadly 26 November 2019 earthquake in Albania.
The report also mentions other relevant agencies and bodies dealing with content removal, such as the Audio-visual Media Authority, AMA, and the Commissioner for Personal Data Protection.
Progress in cybersecurity legislation
Albania has made significant progress in recent years in developing the ICT sector and the use of information technology, IT.
Albania ratified the Convention on Cybercrime – known as the Budapest Convention – on 25 April 2002, with Law no. 8888. Its criminal code is mainly in line with this important international instrument, containing several specific articles dedicated to fighting cybercrime.
Although not directly related to cybersecurity, the criminal code also details the consequences of engaging in various anti-social electronic and/or online activities.
Another important law governing cybersecurity is Law no. 2/2017, “On Cybersecurity”; the entity responsible for applying this law is the NAECCES.
The law’s main aim is to achieve a high level of cybersecurity within Albania by defining security measures, rights, and obligations, as well as mutual cooperation between entities operating in the field of cybersecurity.
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Internet Governance Key to Media Freedom in Albania - Balkan Insight
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