In a press statement on Friday, August 1, media freedom organizations expressed serious concern that the proposed amendments to Albania’s draft Penal Code would severely undermine freedom of expression in the country, calling for a revision of specific articles.

The Association of Journalists of Albania (AGSH), the Balkan Investigative Reporting Network (BIRN Albania), and the Center for Science and Innovation for Development (SCiDEV) jointly opposed the draft provisions, describing them as “unclear” and “arbitrary,” and formulated in a way that leaves room for misuse against freedom of expression, potentially exposing journalists to criminal prosecution.

Specifically, the organizations criticized the proposed provisions in Articles 865 (Defamation), 863 (Insult), and 536 (Influence on the independence of the judiciary), stating that these articles “contain troubling elements that create uncertainty and open the door to arbitrary and abusive interpretation in their application against journalists, media, and civil society.”

Maintaining “defamation” as a criminal offense is in clear contradiction with both international and domestic recommendations, as well as Council of Europe standards, the organizations argued. They also criticized the substantial increase in fines and the removal of the essential criterion that requires proof of the author’s “knowledge that the information is false.”

At the same time, the SafeJournalists Network, partners of the Media Freedom Rapid Response (MFRR), and civil society organizations in Albania, express utmost concern regarding the proposed amendments to the Penal Code. Several provisions within the draft published by the Ministry of Justice, specifically Articles 865 (Defamation), 863 (Insult), and 536 (Influencing Judicial Independence), pose direct threats to media freedom, the safety of journalists, and the fundamental right to freedom of expression.