Zhupa: Changes to the Criminal Code impose censorship, strike at freedom of expression, and harm journalists

The chairwoman of the media commission, Ina Zhupa, has reacted regarding the changes requested by the government to the criminal code.

Zhupa, which is known for its commitment to protecting the rights of journalists, has focused on two articles that directly affect freedom of expression and freedom of journalists.

She attributes the changes to the "omerta" code of silence used by the mafia and not to the standards required by conventions and the constitution.

"The changes are similar only to the code of silence "omerta" that the mafia needs to control the territory and maintain power in silence. Freedom of expression and the right to information are the foundations of a democratic and free society" - says Zhupa

Ina Zhupa's full reaction:

The mafia code of "omerta" cannot be Albania's criminal code.

The changes to the criminal code impose censorship, strike at freedom of expression, and violate journalists in the exercise of their profession.

The government has decided to radically change the Criminal Code, one of the most worrying elements being the articles that directly affect freedom of expression for all of society and the profession and safety of journalists in particular.

Autocratic articles, similar to dictatorial countries, are foreseen in the new penal code.

First, Article 536, which deals with justice, actually aims to censor even the claims of every citizen and mainly journalists to comment on the actions of justice.

The new Article 536 provides for a prison sentence for comments before a judicial decision is issued that aim to influence the court's ability to rule, completely closing the possibility of any independent analysis or criticism that focuses on judicial processes, especially those of public interest.

It clearly seems that the criminal code was written based on the notes of Edi Rama's speeches when he states that we do not comment on justice, but have nothing to do with Western standards, the human rights convention, and the Albanian constitution.

Secondly, providing important information related to arrest operations, the location of documents or persons, or criminal events, according to the new Criminal Code, is punishable by imprisonment from one to five years.
Article 517 prohibits 'debunking' police operations and investigations, directly affecting the work of the media, especially in cases of investigation.

When a journalist publishes information about an ongoing operation or investigation, the law already defines it as disinformation.
Paragraph 4 of the article states: “Publication in any form of the aforementioned acts (…) increases the punishment by up to one third.”

Currently, there is only one article in the Criminal Code, but it is not specific to the publication of secret data. However, now the exact term 'publication' has been introduced, which seems to undermine the work of journalists.

Both of these changes are similar only to the code of silence "omerta" that the mafia needs to control the territory and maintain power in silence. Freedom of expression and the right to information are the foundations of a democratic and free society.

They are totally unacceptable and will be vigorously opposed, as beyond any standard.