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BIRN: Albanian government ignores outcry against online media laws
 17 Dec 2019
Albania’s Socialist-controlled parliament has pushed forward with two controversial laws aiming to regulate the online media despite strongly worded opposition from the European Commission, the Council of Europe, the OSCE, the UN Development Program and local human rights groups, BIRN reports.

On Thursday, Mark Marku, Dean of the Department of Journalism and Communications in the University of Tirana, told MPs debating the laws in the parliament’s Commission on Media and Education that “nobody in his right mind could possibly support such laws.”

Several MPs then protested, some making slurs. But Marku refused to apologize. Instead, he summarized the situation as such: “Not a single organization supports this law. The only interested party here is the Prime Minister [Edi Rama] and you are doing this law for him. You, as representative of the people, are inept to face him … who would prefer to stop even the dogs from barking.”

His protest echoed that of 15 Albanian rights organizations, including BIRN Albania, and seven international bodies, including the European Federation of Journalists and the International Federation of Journalists.

They have issued several statements in the last four days and have also appeared before several hearings in the Parliamentary Commissions, trying to impress on MPs the need to keep online media free from state regulation. Prime Minister Rama has, however, announced plans to have the laws fully approved by December 19.

Deirdre Kevin, an expert for the Council of Europe, told parliamentarians at a hearing on November 25 that “the core of the aim of this law is problematic and is not compactable with the standards of freedom of expression of the Council of Europe.” She advised: “Take a step back and start the process from scratch.”

Monika Bylaite, deputy chief of the EU Delegation in Tirana, emphasized that the approach of the EU “is based on self-regulation,” while Irina Radu, from the OSCE, underlined that “critiques should not be considered defamatory.”

The two laws, first proposed in December 2018, have been revised many times since then and criticized repeatedly.

If approved, they will create an administrative body able to judge media content for matters of dignity of citizens and privacy and fine them up to 15.000 euros.

Prime Minister Rama has not hidden the fact that he personally pushed for such laws in the first place, claiming that the country needed to “discipline” the online media.

Rama, now in his eighth year as PM, has faced growing allegations of corruption and links with organized crime, and has often tried to dodge criticism by claiming that the allegations are slanderous. Over the last two years, he has also challenged several politicians and some journalists in court, filling claims for tens of thousands of euros.

While his claims need time to be dealt with in the notoriously slow Albanian court system, the new administrative body that he would like to establish could settle such matters with the online media much faster – but at the same time is also the most criticized part of the whole initiative.

A group of 15 Albanian rights organizations, including BIRN Albania, has stressed that matters of defamation should be dealt with only in court, not by a regulator.

Kristina Voko, Director of BIRN Albania, told the parliamentarians on Wednesday: “We oppose both draft laws in entirety because we cannot accept that the Audiovisual Media Authority and Albania Communication Board, the two institutions that have been criticized in all kind of reports for political bias, cannot control the content of online media.” Voko said the proposed changes amounted to a censorship package that is unprecedented in democratic countries.

“I have not seen your model, that the media should be regulated by state administrative bodies, anywhere except in the Russia of [Vladimir] Putin,” she added.

Confronted with such criticism, Socialist PMs have said they welcome “a diversity of views” – but vowed to push forward with the changes nevertheless.

One MP, Mirela Kumbaro, said: “Conducting consultations does not mean we have to agree. Nobody more than us has come from a long dictatorship to stand for the freedom of the media. However, it is also our obligation to protect moral health and public health.”

Kumbaro was seemingly referring to an earlier version of the draft laws that said media could be held responsible, among other things, for publishing news that “damage public morale” or “public health”. These clauses were dropped from the version that the government has sent to parliament.

The government has indicated it has no plans to withdraw the laws. Asked by Voice of America Albanian Service, government spokesperson Endri Fuga said only that it was “a matter that should be decided by parliament.”
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