INTERVIEW/ Blerjana Bino against the new criminal draft: The law that could silence the media

The proposed changes to the Criminal Code of the Republic of Albania have raised concerns among civil society actors and media professionals.

In an interview with Politiko.al, communications expert and director of SCiDEV, Blerjana Bino, raised the alarm about the consequences that these changes could bring to freedom of expression and journalism in Albania.

It notes with concern the lack of procedural guarantees for journalists, the increased risk of self-censorship and the use of unclear provisions as an instrument of pressure on critical and investigative media.

In this context, Bino calls for a broad, open and inclusive consultation process, in line with European democratic standards and international best practices for the protection of free speech.

Interviewed by: Suela Gjidede

How do you assess the impact that the new draft of the Criminal Code may have on freedom of expression in Albania?

The current draft of the Criminal Code could have a serious negative impact on freedom of expression, creating a climate of fear and self-censorship in the Albanian media. Specifically, the continued criminalization of defamation, without establishing safeguards or procedural guarantees, could easily be used to stifle critical reporting and limit the space for in-depth investigations into corruption and abuse of power.

What are the consequences you foresee in the field of freedom of expression if the current draft of the Criminal Code is approved without further amendments?

If the draft is approved in its current form, significant consequences are expected in the area of freedom of expression. One of the most serious consequences is self-censorship by journalists, who may refrain from covering sensitive topics due to fear of criminal prosecution and high fines.

Likewise, legal uncertainty and the possibility of selective application of the law may further weaken independent media and media pluralism in the country.

Do the proposed changes pose a risk to investigative journalism and critical media?

Yes, the proposed changes pose a clear and direct risk to investigative journalism and critical media. Specifically, the articles criminalizing defamation and insult, as well as Article 536 on interference with the independence of the judiciary, could be used to hinder reporting on cases of corruption or abuse of power.

Investigative journalists can be exposed to frequent criminal prosecutions, making it almost impossible to do their work without constant pressure.

What are the main concerns you have identified regarding the legal safety of journalists?

The main concerns relate to the lack of explicit recognition of journalists as a special protected category in the Criminal Code.

The draft does not include important mechanisms such as Anti-SLAPP, which are essential for protecting journalists from abusive strategic lawsuits.

Also, Article 536 on interference with the independence of the court is formulated in a generalized and unclear manner, creating numerous opportunities for arbitrary application to the detriment of journalists reporting on sensitive judicial matters.

Do you think this code could create increased pressure on media professionals in the performance of their duties?

Yes, this Criminal Code, in its current form, could significantly increase the pressure on media professionals. The criminalization and high fines for defamation, as well as unclear provisions for reporting on court cases, could become a tool of pressure and intimidation against journalists and editorial offices that follow critical topics. This could lead to a weakening of the media's role as a 'watchdog' and a reduction in the quality and independence of reporting.

Was there sufficient public consultation with civil society actors and the media during the drafting of this draft?

Civil society has not been involved in its drafting to our knowledge. What we notice is that even the recommendations of the Dialogue Platform for Freedom of Expression and Safety of Journalists have not been taken into account. The consultation process has now begun with the publication and presentation of the draft.

We have mobilized the support of the Safe Journalists network and other European partners and will issue a joint statement and press conference on Friday with the main concerns.

We will then submit written comments, but we are not sure how much they will be taken into account and how the assembly will then act on this draft. We also ask international actors: the EU, OSCE, Council of Europe and embassies to exert their pressure so that this draft is not passed as it is, but to ensure the inclusion of recommendations from civil society, experts, and the media community.

SCiDEV and SafeJournalists Network call for a full review of these provisions in consultation with civil society actors, the media community, international organizations and human rights experts, in line with Council of Europe standards and the case law of the European Court of Human Rights./ Politiko.al/