Two proposals to ‘discipline’ online media in Albania were criticized on Monday as potentially anti-constitutional and as likely to have a chilling effect on freedom of expression
The office of Albania’s Prime Minister, Edi Rama, has proposed changes in two laws foreseeing the registration of online media and the policing of news content for a variety of reasons, including “biased” news, news that “damages public morale” and “publications that can incite penal offences”.
Failure to uphold the law would result in fines of up to 1 million leks [8,000 euros] and even closure of websites.
After the changes were presented at a public hearing on Monday in Tirana, media experts and organizations expressed concerns over possible violations of the constitution, the risk of censorship and a possible chilling effect on the freedom of expression online.
The first draft aims to change the law on the Telecommunication and Postal Authority, the authority that supervises the communications market, transforming the institution from its current content-neutral status to being responsible for maintaining a “register of online media” and ensuring that “entrepreneurs respect their obligations toward national security, public safety … and other laws”.
The law obliges the website of any physical or legal entity to have contact information and a physical address published on the site and orders the AKEP to close websites based on “Tax Authorities’ request”.
The other proposal aims to transform the Albanian Audiovisual Media Authority, AMA, into a policing body, empowered to judge news quality and public morale. Under the proposal, the publishers should have to “respect the ethical and moral rules of the public and should not allow publication … that can incite penal offences”.
A body named The Complaints Council should receive complaints and fine media or order their closure if found in breach of the law.
The proposal also states that fines and closure orders should be implemented immediately, regardless of whether the website chooses to send the matter before the courts.
Courts are notoriously slow in Albania, so it might take years to resolve such issues.
Speaking during the public consultation, Gentian Sala, chairman of the AMA, said the law was prepared by the Prime Minister’s office in collaboration with Ministry of Justice with aim of “disciplining” the ever-growing online media in Albania.
Asked about his own stance, Sala said his institution could speak only after a board decision and since no board decision existed on the matter, he could not support or criticize the plans.
Ilir Zela, the chairman of AKEP, said he saw the need to have a register for fast identification of website owners in cases of legal violations such as terrorism or defamation. Zela, who leads a nominally independent institution, is also a former Socialist Party MP and is a member of National Assembly of the ruling Socialist Party.
Elira Kokona, a representative of the Prime Minister’s office, said that in most OSCE member countries libel is a penal offence, although she did not explain how libel relates to the proposed laws.
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