The General and Unclear Character of the Defamation Law

Abstract

The right to freedom of expression takes on paramount importance in a democratic society, but it is not absolute because of the need to safeguard other human rights, such as reputation and honor. Possible slander is the result of public debate based on the freedom of expression. Many states have included defamation laws in their legislation, which are part of the Civil Code, the Criminal Code, or both. However, international experts call for decriminalize defamation to keep the freedom of expression of journalists and public right for information. In developing countries problems such as the real implementation of the offense legislation, the general and unclear nature of the laws, which creates the ground for the use and interpretation of defamation law in favor of the most powerful people. The legal anti-defamation package in Albania, which includes a series of amendments aims at reducing the violation of the dignity of people through online media reporting. It has caused a lot of controversy among professionals. They have considered it as a violation of online freedom of expression.

In this context, this article aims to check and analyze the academic, legal and journalistic literature on freedom of expression, media and defamation laws in both European countries and Albania. In support of this goal, the article relies on the comparative and analytical method of international standards and current practice of European countries, focuses on the case study of Albania and its specifics on the recent legal changes of the anti-defamation package.

Keywords

anti-defamation package., criminal and civil defamation lawaAlbania, freedom of expression, media, reputation

  • License

    Creative Commons Attribution 4.0 (CC BY 4.0)

  • Language & Pages

    English, 59-80

  • Classification

    FOR CODE: 200211